114TH CONGRESS 

2D SESSION S. 2012 

AN ACT 

To provide for the modernization of the energy policy 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, 
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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

2 (a) SHORT TITLE.—This Act may be cited as the 

3 ‘‘Energy Policy Modernization Act of 2016’’. 

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

5 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

TITLE I—EFFICIENCY 

Subtitle A—Buildings 

Sec. 1001. Greater energy efficiency in building codes. 

Sec. 1002. Budget-neutral demonstration program for energy and water conservation improvements at multifamily residential units. 

Sec. 1003. Coordination of energy retrofitting assistance for schools. 

Sec. 1004. Energy efficiency materials pilot program. 

Sec. 1005. Utility energy service contracts. 

Sec. 1006. Use of energy and water efficiency measures in Federal buildings. 

Sec. 1007. Building training and assessment centers. 

Sec. 1008. Career skills training. 

Sec. 1009. Energy-efficient and energy-saving information technologies. 

Sec. 1010. Availability of funds for design updates. 

Sec. 1011. Energy efficient data centers. 

Sec. 1012. Weatherization Assistance Program. 

Sec. 1013. Reauthorization of State energy program. 

Sec. 1014. Smart building acceleration. 

Sec. 1015. Repeal of fossil phase-out. 

Sec. 1016. Federal building energy efficiency performance standards. 

Sec. 1017. Codification of Executive Order. 

Sec. 1018. Certification for green buildings. 

Sec. 1019. High performance green federal buildings. 

Sec. 1020. Evaluation of potentially duplicative green building programs. 

Sec. 1021. Study and report on energy savings benefits of operational efficiency 

programs and services. 

Sec. 1022. Use of Federal disaster relief and emergency assistance for energyefficient products and structures. 

Sec. 1023. Watersense. 

Subtitle B—Appliances 

Sec. 1101. Extended product system rebate program. 

Sec. 1102. Energy efficient transformer rebate program. 

Sec. 1103. Standards for certain furnaces. 

Sec. 1104. Third-party certification under Energy Star program. 

Sec. 1105. Energy conservation standards for commercial refrigeration equipment. 

Sec. 1106. Voluntary verification programs for air conditioning, furnace, boiler, 

heat pump, and water heater products. 

Sec. 1107. Application of energy conservation standards to certain external 

power supplies. 
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Subtitle C—Manufacturing 

Sec. 1201. Manufacturing energy efficiency. 

Sec. 1202. Leveraging existing Federal agency programs to assist small and 

medium manufacturers. 

Sec. 1203. Leveraging smart manufacturing infrastructure at National Laboratories. 

Subtitle D—Vehicles 

Sec. 1301. Short title. 

Sec. 1302. Objectives. 

Sec. 1303. Coordination and nonduplication. 

Sec. 1304. Authorization of appropriations. 

Sec. 1305. Reporting. 

PART I—VEHICLE RESEARCH AND DEVELOPMENT

Sec. 1306. Program. 

Sec. 1307. Manufacturing. 

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

VEHICLES

Sec. 1308. Program. 

Sec. 1309. Class 8 truck and trailer systems demonstration. 

Sec. 1310. Technology testing and metrics. 

Sec. 1311. Nonroad systems pilot program. 

PART III—ADMINISTRATION

Sec. 1312. Repeal of existing authorities. 

Sec. 1313. Reauthorization of diesel emissions reduction program. 

Sec. 1314. Gaseous fuel dual fueled automobiles. 

Subtitle E—Short Title 

Sec. 1401. Short title. 

Subtitle F—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 

Sec. 2001. Cybersecurity threats. 

Sec. 2002. Enhanced grid security. 

Subtitle B—Strategic Petroleum Reserve 

Sec. 2101. Strategic Petroleum Reserve modernization. 

Sec. 2102. Strategic petroleum reserve drawdown and sale. 
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Subtitle C—Trade 

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

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

Sec. 2203. Energy data collaboration. 

Subtitle D—Electricity and Energy Storage 

Sec. 2301. Grid storage program. 

Sec. 2302. Electric system 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. State and regional electricity distribution planning. 

Sec. 2307. Authorization of appropriations. 

Sec. 2308. Electric transmission infrastructure permitting. 

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

Sec. 2310. Net metering study guidance. 

Sec. 2311. Model guidance for combined heat and power systems and waste 

heat to power systems. 

Subtitle E—Computing 

Sec. 2401. Exascale computer research program. 

TITLE III—SUPPLY 

Subtitle A—Renewables 

PART I—HYDROELECTRIC

Sec. 3001. Hydropower regulatory improvements. 

Sec. 3002. Hydroelectric production incentives and efficiency improvements. 

Sec. 3003. Extension of time for a Federal Energy Regulatory Commission 

project involving Clark Canyon Dam. 

Sec. 3004. Extension of time for a Federal Energy Regulatory Commission 

project involving Gibson Dam. 

PART II—GEOTHERMAL

SUBPART A—GEOTHERMAL ENERGY

Sec. 3005. National goals for production and site identification. 

Sec. 3006. Priority areas for development on Federal land. 

Sec. 3007. Facilitation of coproduction of geothermal energy on oil and gas 

leases. 

Sec. 3008. Noncompetitive leasing of adjoining areas for development of geothermal resources. 

Sec. 3009. Report to Congress. 

Sec. 3010. Authorization of appropriations. 

SUBPART B—DEVELOPMENT OF GEOTHERMAL, SOLAR, AND WIND ENERGY ON

PUBLIC LAND

Sec. 3011. Definitions. 
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Sec. 3011A. Land use planning; supplements to programmatic environmental 

impact statements. 

Sec. 3011B. Environmental review on covered land. 

Sec. 3011C. Program to improve renewable energy project permit coordination. 

Sec. 3011D. Savings clause. 

SUBPART C—GEOTHERMAL EXPLORATION

Sec. 3012. Geothermal exploration test projects. 

PART III—MARINE HYDROKINETIC

Sec. 3013. Definition of marine and hydrokinetic renewable energy. 

Sec. 3014. Marine and hydrokinetic renewable energy research and development. 

Sec. 3015. National Marine Renewable Energy Research, Development, and 

Demonstration Centers. 

Sec. 3016. Authorization of appropriations. 

PART IV—BIOMASS

Sec. 3017. Policies relating to biomass energy. 

Subtitle B—Oil and Gas 

Sec. 3101. Amendments to the Methane Hydrate Research and Development 

Act of 2000. 

Sec. 3102. Liquefied natural gas study. 

Sec. 3103. FERC process coordination with respect to regulatory approval of 

gas projects. 

Sec. 3104. Pilot program. 

Sec. 3105. GAO review and report. 

Sec. 3106. Ethane storage study. 

Sec. 3107. Aliso Canyon natural gas leak task force. 

Sec. 3108. Report on incorporating Internet-based lease sales. 

Sec. 3109. Denali National Park and Preserve natural gas pipeline. 

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—Coal 
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Sec. 3401. Sense of the Senate on carbon capture, use, and storage development and deployment. 

Sec. 3402. Fossil energy. 

Sec. 3403. Establishment of coal technology program. 

Sec. 3404. Report on price stabilization support. 

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. 

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. 

Sec. 3704. Promoting use of reclaimed refrigerants in Federal facilities. 

Subtitle I—Thermal Energy 

Sec. 3801. Modifying the definition of renewable energy to include thermal energy. 

TITLE IV—ACCOUNTABILITY 

Subtitle A—Loan Programs 

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

Sec. 4002. State loan eligibility. 

Sec. 4003. GAO Study on fossil loan guarantee incentive program. 

Sec. 4004. Program eligibility for vessels. 

Sec. 4005. Additional reforms. 

Sec. 4006. 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 

Sec. 4201. America COMPETES programs. 

Sec. 4202. Inclusion of early stage technology demonstration in authorized 

technology transfer activities. 

Sec. 4203. Supporting access of small business concerns to National Laboratories. 

Sec. 4204. Microlab technology commercialization. 

Sec. 4205. Sense of the Senate on accelerating energy innovation. 

Sec. 4206. Restoration of Laboratory Directed Research and Development Program. 

Sec. 4207. National Science and Technology Council coordinating subcommittee 

for high-energy physics. 
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Subtitle D—Grid Reliability 

Sec. 4301. Bulk-power system reliability impact statement. 

Sec. 4302. Report by transmission organizations on diversity of supply. 

Subtitle E—Management 

Sec. 4401. Federal land management. 

Sec. 4402. Quadrennial Energy Review. 

Sec. 4403. State oversight of oil and gas programs. 

Sec. 4404. Under Secretary for Science and Energy. 

Sec. 4405. Western Area Power Administration pilot project. 

Sec. 4406. Research grants database. 

Sec. 4407. Review of economic impact of BSEE rule on small entities. 

Sec. 4408. Energy emergency response efforts of the Department. 

Sec. 4409. GAO report on Bureau of Safety and Environmental Enforcement 

statutory and regulatory authority for the procurement of helicopter fuel. 

Sec. 4410. Conveyance of federal land within the Swan Lake hydroelectric 

project boundary. 

Sec. 4411. Study of waivers of certain cost-sharing requirements. 

Sec. 4412. National park centennial. 

Sec. 4413. Program to reduce the potential impacts of solar energy facilities on 

certain species. 

Sec. 4414. Wild horses in and around the Currituck National Wildlife Refuge. 

Subtitle F—Markets 

Sec. 4501. Enhanced information on critical energy supplies. 

Sec. 4502. Working Group on Energy Markets. 

Sec. 4503. Study of regulatory framework for energy markets. 

Subtitle G—Affordability 

Sec. 4601. E-prize competition pilot program. 

Sec. 4602. Carbon dioxide capture technology prize. 

Subtitle H—Code Maintenance 

Sec. 4701. Repeal of off-highway motor vehicles study. 

Sec. 4702. Repeal of methanol study. 

Sec. 4703. Repeal of authorization of appropriations provision. 

Sec. 4704. Repeal of residential energy efficiency standards study. 

Sec. 4705. Repeal of weatherization study. 

Sec. 4706. Repeal of report to Congress. 

Sec. 4707. Repeal of report by General Services Administration. 

Sec. 4708. Repeal of intergovernmental energy management planning and coordination workshops. 

Sec. 4709. Repeal of Inspector General audit survey and President’s Council on 

Integrity and Efficiency report to Congress. 

Sec. 4710. Repeal of procurement and identification of energy efficient products program. 

Sec. 4711. Repeal of national action plan for demand response. 

Sec. 4712. Repeal of national coal policy study. 

Sec. 4713. Repeal of study on compliance problem of small electric utility systems. 
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Sec. 4714. Repeal of study of socioeconomic impacts of increased coal production and other energy development. 

Sec. 4715. Repeal of study of the use of petroleum and natural gas in combustors. 

Sec. 4716. Repeal of submission of reports. 

Sec. 4717. Repeal of electric utility conservation plan. 

Sec. 4718. Emergency Energy Conservation repeals. 

Sec. 4719. Energy Security Act repeals. 

Sec. 4720. Nuclear Safety Research, Development, and Demonstration Act of 

1980 repeals. 

Sec. 4721. Elimination and consolidation of certain America COMPETES programs. 

Sec. 4722. Repeal of state utility regulatory assistance. 

Sec. 4723. Repeal of survey of energy saving potential. 

Sec. 4724. Repeal of photovoltaic energy program. 

Sec. 4725. Repeal of energy auditor training and certification. 

Sec. 4726. Repeal of authorization of appropriations. 

Sec. 4727. Repeal of Renewable Energy and Energy Efficiency Technology 

Competitiveness Act of 1989. 

Sec. 4728. Repeal of hydrogen research, development, and demonstration program. 

Sec. 4729. Repeal of study on alternative fuel use in nonroad vehicles and engines. 

Sec. 4730. Repeal of low interest loan program for small business fleet purchases. 

Sec. 4731. Repeal of technical and policy analysis for replacement fuel demand 

and supply information. 

Sec. 4732. Repeal of 1992 Report on Climate Change. 

Sec. 4733. Repeal of Director of Climate Protector establishment. 

Sec. 4734. Repeal of 1994 report on global climate change emissions. 

Sec. 4735. Repeal of telecommuting study. 

Sec. 4736. Repeal of advanced buildings for 2005 program. 

Sec. 4737. Repeal of Energy Research, Development, Demonstration, and Commercial Application Advisory Board. 

Sec. 4738. Repeal of study on use of energy futures for fuel purchase. 

Sec. 4739. Repeal of energy subsidy study. 

Sec. 4740. Modernization of terms relating to minorities. 

TITLE V—CONSERVATION REAUTHORIZATION 

Sec. 5001. National Park Service Maintenance and Revitalization Conservation 

Fund. 

Sec. 5002. Land and Water Conservation Fund. 

Sec. 5003. Historic Preservation Fund. 

Sec. 5004. Conservation incentives landowner education program. 

TITLE VI—INDIAN TRIBAL ENERGY DEVELOPMENT AND SELFDETERMINATION 

Sec. 6001. Short title. 

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

Amendments 

Sec. 6011. Indian tribal energy resource development. 

Sec. 6012. Indian tribal energy resource regulation. 
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Sec. 6013. Tribal energy resource agreements. 

Sec. 6014. Technical assistance for Indian tribal governments. 

Sec. 6015. Conforming amendments. 

Sec. 6016. Report. 

Subtitle B—Miscellaneous Amendments 

Sec. 6201. Issuance of preliminary permits or licenses. 

Sec. 6202. Tribal biomass demonstration project. 

Sec. 6203. Weatherization program. 

Sec. 6204. Appraisals. 

Sec. 6205. Leases of restricted lands for Navajo Nation. 

Sec. 6206. Extension of tribal lease period for the Crow Tribe of Montana. 

Sec. 6207. Trust status of lease payments. 

TITLE VII—BROWNFIELDS REAUTHORIZATION 

Sec. 7001. Short title. 

Sec. 7002. Expanded eligibility for nonprofit organizations. 

Sec. 7003. Multipurpose brownfields grants. 

Sec. 7004. Treatment of certain publicly owned brownfield sites. 

Sec. 7005. Increased funding for remediation grants. 

Sec. 7006. Allowing administrative costs for grant recipients. 

Sec. 7007. Small community technical assistance grants. 

Sec. 7008. Waterfront brownfields grants. 

Sec. 7009. Clean energy brownfields grants. 

Sec. 7010. Targeted funding for States. 

Sec. 7011. Authorization of appropriations. 

TITLE VIII—MISCELLANEOUS 

Sec. 8001. Removal of use restriction. 

TITLE IX—MISCELLANEOUS 

Sec. 9001. Interagency transfer of land along George Washington Memorial 

Parkway. 

TITLE X—NATURAL RESOURCES 

Subtitle A—Land Conveyances and Related Matters 

Sec. 10001. Arapaho National Forest boundary adjustment. 

Sec. 10002. Land conveyance, Elkhorn Ranch and White River National Forest, Colorado. 

Sec. 10003. Land exchange in Crags, Colorado. 

Sec. 10004. Cerro del Yuta and Rı ́o San Antonio Wilderness Areas. 

Sec. 10005. Clarification relating to a certain land description under the Northern Arizona Land Exchange and Verde River Basin Partnership Act of 2005. 

Sec. 10006. Cooper Spur land exchange clarification amendments. 

Sec. 10007. Expedited access to certain Federal land. 

Sec. 10008. Black Hills National Cemetery boundary modification. 

Subtitle B—National Park Management, Studies, and Related Matters 

Sec. 10101. Refund of funds used by States to operate national parks during 

shutdown. 
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Sec. 10102. Lower Farmington and Salmon Brook recreational rivers. 

Sec. 10103. Special resource study of President Street Station. 

Sec. 10104. Special resource study of Thurgood Marshall’s elementary school. 

Sec. 10105. Special resource study of James K. Polk presidential home. 

Sec. 10106. North Country National Scenic Trail route adjustment. 

Sec. 10107. Designation of Jay S. Hammond Wilderness Area. 

Sec. 10108. Advisory Council on Historic Preservation. 

Sec. 10109. Establishment of a visitor services facility on the Arlington Ridge 

tract. 

Subtitle C—Sportsmen’s Access and Land Management Issues 

PART I—NATIONAL POLICY

Sec. 10201. Congressional declaration of national policy. 

PART II—SPORTSMEN’S ACCESS TO FEDERAL LAND

Sec. 10211. Definitions. 

Sec. 10212. Federal land open to hunting, fishing, and recreational shooting. 

Sec. 10213. Closure of Federal land to hunting, fishing, and recreational shooting. 

Sec. 10214. Shooting ranges. 

Sec. 10215. Federal action transparency. 

PART III—FILMING ON FEDERAL LAND MANAGEMENT AGENCY LAND

Sec. 10221. Commercial filming. 

PART IV—BOWS, WILDLIFE MANAGEMENT, AND ACCESS OPPORTUNITIES

FOR RECREATION, HUNTING, AND FISHING

Sec. 10231. Bows in parks. 

Sec. 10232. Wildlife management in parks. 

Sec. 10233. Identifying opportunities for recreation, hunting, and fishing on 

Federal land. 

PART V—FEDERAL LAND TRANSACTION FACILITATION ACT

Sec. 10241. Federal Land Transaction Facilitation Act. 

PART VI—FISH AND WILDLIFE CONSERVATION

Sec. 10251. Amendments to Pittman-Robertson Wildlife Restoration Act. 

Sec. 10252. North American Wetlands Conservation Act. 

Sec. 10253. National fish habitat conservation. 

Sec. 10254. Gulf States Marine Fisheries Commission report on Gulf of Mexico 

outer Continental Shelf State boundary extension. 

Sec. 10255. GAO report on Gulf of Mexico outer Continental Shelf State 

boundary extension. 

PART VII—MISCELLANEOUS

Sec. 10261. Respect for treaties and rights. 

Sec. 10262. No priority. 

Subtitle D—Water Infrastructure and Related Matters 

PART I—FONTENELLE RESERVOIR
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Sec. 10301. Authority to make entire active capacity of Fontenelle Reservoir 

available for use. 

Sec. 10302. Savings provisions. 

PART II—BUREAU OF RECLAMATION TRANSPARENCY

Sec. 10311. Definitions. 

Sec. 10312. Asset management report enhancements for reserved works. 

Sec. 10313. Asset management report enhancements for transferred works. 

Sec. 10314. Offset. 

PART III—BASIN WATER MANAGEMENT

SUBPART A—YAKIMA RIVER BASIN WATER ENHANCEMENT

Sec. 10321. Short title. 

Sec. 10322. Modification of terms, purposes, and definitions. 

Sec. 10323. Yakima River Basin Water Conservation Program. 

Sec. 10324. Yakima Basin water projects, operations, and authorizations. 

Sec. 10325. Authorization of Phase III of Yakima River Basin Water Enhancement Project. 

SUBPART B—KLAMATH PROJECT WATER AND POWER

Sec. 10329. Klamath Project. 

PART IV—RESERVOIR OPERATION IMPROVEMENT

Sec. 10331. Reservoir operation improvement. 

PART V—HYDROELECTRIC PROJECTS

Sec. 10341. Terror Lake Hydroelectric Project Upper Hidden Basin Diversion 

authorization. 

Sec. 10342. Stay and Reinstatement of FERC License No. 11393 for the 

Mahoney Lake Hydroelectric Project. 

Sec. 10343. Extension of deadline for hydroelectric project. 

Sec. 10344. Extension of deadline for certain other hydroelectric projects. 

Sec. 10345. Equus Beds Division extension. 

Sec. 10346. Extension of time for a Federal Energy Regulatory Commission 

project involving Cannonsville Dam. 

PART VI—PUMPED STORAGE HYDROPOWER COMPENSATION

Sec. 10351. Pumped storage hydropower compensation. 

1 SEC. 2. DEFINITIONS. 

2 In this Act: 

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

4 means the Department of Energy. 

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

6 the Secretary of Energy. 
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1 TITLE I—EFFICIENCY 

2 Subtitle A—Buildings 

3 SEC. 1001. GREATER ENERGY EFFICIENCY IN BUILDING 

4 CODES. 

5 (a) DEFINITIONS.—Section 303 of the Energy Con6 servation and Production Act (42 U.S.C. 6832) is amend7 ed— 

8 (1) by striking paragraph (14) and inserting 

9 the following: 

10 ‘‘(14) MODEL BUILDING ENERGY CODE.—The 

11 term ‘model building energy code’ means a voluntary 

12 building energy code and standards developed and 

13 updated through a consensus process among inter14 ested persons, such as the IECC or the code used 

15 by— 

16 ‘‘(A) the Council of American Building Of17 ficials, or its legal successor, International Code 

18 Council, Inc.; 

19 ‘‘(B) the American Society of Heating, Re20 frigerating, and Air-Conditioning Engineers; or 

21 ‘‘(C) other appropriate organizations.’’; 

22 and 

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

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

25 International Energy Conservation Code. 
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1 ‘‘(18) INDIAN TRIBE.—The term ‘Indian tribe’ 

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

3 Native American Housing Assistance and Self-De4 termination Act of 1996 (25 U.S.C. 4103).’’. 

5 (b) STATE BUILDING ENERGY EFFICIENCY

6 CODES.—Section 304 of the Energy Conservation and 

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

8 follows: 

9 ‘‘SEC. 304. UPDATING STATE BUILDING ENERGY EFFI10 CIENCY CODES. 

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

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

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

14 as appropriate, by local governments that meet or 

15 exceed the model building energy codes, or achieve 

16 equivalent or greater energy savings; and 

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

18 local codes. 

19 ‘‘(b) STATE AND INDIAN TRIBE CERTIFICATION OF

20 BUILDING ENERGY CODE UPDATES.— 

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

22 EACH STATE AND INDIAN TRIBE.— 

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

24 after the date on which a model building energy 

25 code is updated, each State or Indian tribe shall 
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1 certify whether or not the State or Indian tribe, 

2 respectively, has reviewed and updated the en3 ergy provisions of the building code of the State 

4 or Indian tribe, respectively. 

5 ‘‘(B) DEMONSTRATION.—The certification 

6 shall include a demonstration of whether or not 

7 the energy savings for the code provisions that 

8 are in effect throughout the State or Indian 

9 tribal territory meet or exceed— 

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

11 model building energy code; or 

12 ‘‘(ii) the targets established under sec13 tion 307(b)(2). 

14 ‘‘(C) NO MODEL BUILDING ENERGY CODE

15 UPDATE.—If a model building energy code is 

16 not updated by a target date established under 

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

18 shall, not later than 2 years after the specified 

19 date, certify whether or not the State or Indian 

20 tribe, respectively, has reviewed and updated 

21 the energy provisions of the building code of the 

22 State or Indian tribe, respectively, to meet or 

23 exceed the target in section 307(b)(2). 
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1 ‘‘(2) VALIDATION BY SECRETARY.—Not later 

2 than 90 days after a State or Indian tribe certifi3 cation under paragraph (1), the Secretary shall— 

4 ‘‘(A) determine whether the code provi5 sions of the State or Indian tribe, respectively, 

6 meet the criteria specified in paragraph (1); 

7 and 

8 ‘‘(B) if the determination is positive, vali9 date the certification. 

10 ‘‘(c) IMPROVEMENTS IN COMPLIANCE WITH BUILD11 ING ENERGY CODES.— 

12 ‘‘(1) REQUIREMENT.— 

13 ‘‘(A) IN GENERAL.—Not later than 3 years 

14 after the date of a certification under sub15 section (b), each State and Indian tribe shall 

16 certify whether or not the State and Indian 

17 tribe, respectively, has— 

18 ‘‘(i) achieved full compliance under 

19 paragraph (3) with the applicable certified 

20 State and Indian tribe building energy 

21 code or with the associated model building 

22 energy code; or 

23 ‘‘(ii) made significant progress under 

24 paragraph (4) toward achieving compliance 

25 with the applicable certified State and In-
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1 dian tribe building energy code or with the 

2 associated model building energy code. 

3 ‘‘(B) REPEAT CERTIFICATIONS.—If the 

4 State or Indian tribe certifies progress toward 

5 achieving compliance, the State or Indian tribe 

6 shall repeat the certification until the State or 

7 Indian tribe certifies that the State or Indian 

8 tribe has achieved full compliance, respectively. 

9 ‘‘(2) MEASUREMENT OF COMPLIANCE.—A cer10 tification under paragraph (1) shall include docu11 mentation of the rate of compliance based on— 

12 ‘‘(A) independent inspections of a random 

13 sample of the buildings covered by the code in 

14 the preceding year; or 

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

16 accurate measure of compliance. 

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

18 or Indian tribe shall be considered to achieve full 

19 compliance under paragraph (1) if— 

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

21 covered by the code in the preceding year sub22 stantially meets all the requirements of the ap23 plicable code specified in paragraph (1), or 

24 achieves equivalent or greater energy savings 

25 level; or 
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1 ‘‘(B) the estimated excess energy use of 

2 buildings that did not meet the applicable code 

3 specified in paragraph (1) in the preceding 

4 year, compared to a baseline of comparable 

5 buildings that meet this code, is not more than 

6 5 percent of the estimated energy use of all 

7 buildings covered by this code during the pre8 ceding year. 

9 ‘‘(4) SIGNIFICANT PROGRESS TOWARD

10 ACHIEVEMENT OF COMPLIANCE.—A State or Indian 

11 tribe shall be considered to have made significant 

12 progress toward achieving compliance for purposes 

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

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

15 plan for achieving compliance during the 8- 

16 year-period beginning on the date of enactment 

17 of this paragraph, including annual targets for 

18 compliance and active training and enforcement 

19 programs; and 

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

21 subparagraph (A). 

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

23 than 90 days after a State or Indian tribe certifi24 cation under paragraph (1), the Secretary shall— 
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1 ‘‘(A) determine whether the State or In2 dian tribe has demonstrated meeting the cri3 teria of this subsection, including accurate 

4 measurement of compliance; and 

5 ‘‘(B) if the determination is positive, vali6 date the certification. 

7 ‘‘(d) STATES OR INDIAN TRIBES THAT DO NOT

8 ACHIEVE COMPLIANCE.— 

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

10 has not made a certification required under sub11 section (b) or (c) by the applicable deadline shall 

12 submit to the Secretary a report on— 

13 ‘‘(A) the status of the State or Indian tribe 

14 with respect to meeting the requirements and 

15 submitting the certification; and 

16 ‘‘(B) a plan for meeting the requirements 

17 and submitting the certification. 

18 ‘‘(2) FEDERAL SUPPORT.—For any State or In19 dian tribe for which the Secretary has not validated 

20 a certification by a deadline under subsection (b) or 

21 (c), the lack of the certification may be a consider22 ation for Federal support authorized under this sec23 tion for code adoption and compliance activities. 

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

25 Indian tribe for which the Secretary has not vali-
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1 dated a certification under subsection (b) or (c), a 

2 local government may be eligible for Federal support 

3 by meeting the certification requirements of sub4 sections (b) and (c). 

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

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

7 annually submit to Congress, and publish in the 

8 Federal Register, a report on— 

9 ‘‘(i) the status of model building en10 ergy codes; 

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

12 compliance in the States and Indian tribes; 

13 ‘‘(iii) the implementation of this sec14 tion; and 

15 ‘‘(iv) improvements in energy savings 

16 over time as a result of the targets estab17 lished under section 307(b)(2). 

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

19 estimates of impacts of past action under this 

20 section, and potential impacts of further action, 

21 on— 

22 ‘‘(i) upfront financial and construction 

23 costs, cost benefits and returns (using in24 vestment analysis), and lifetime energy use 

25 for buildings; 
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1 ‘‘(ii) resulting energy costs to individ2 uals and businesses; and 

3 ‘‘(iii) resulting overall annual building 

4 ownership and operating costs. 

5 ‘‘(e) TECHNICAL ASSISTANCE TO STATES AND IN6 DIAN TRIBES.—The Secretary shall provide technical as7 sistance to States and Indian tribes to implement the goals 

8 and requirements of this section, including procedures and 

9 technical analysis for States and Indian tribes— 

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

11 and commercial building energy codes; 

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

13 the States and Indian tribes achieve equivalent or 

14 greater energy savings than the model building en15 ergy codes and targets; 

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

17 building energy code; and 

18 ‘‘(4) to otherwise promote the design and con19 struction of energy efficient buildings. 

20 ‘‘(f) AVAILABILITY OF INCENTIVE FUNDING.— 

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

22 incentive funding to States and Indian tribes— 

23 ‘‘(A) to implement the requirements of this 

24 section; 
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1 ‘‘(B) to improve and implement residential 

2 and commercial building energy codes, including 

3 increasing and verifying compliance with the 

4 codes and training of State, local, and tribal 

5 building code officials to implement and enforce 

6 the codes; and 

7 ‘‘(C) to promote building energy efficiency 

8 through the use of the codes. 

9 ‘‘(2) ADDITIONAL FUNDING.—Additional fund10 ing shall be provided under this subsection for im11 plementation of a plan to achieve and document full 

12 compliance with residential and commercial building 

13 energy codes under subsection (c)— 

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

15 the Secretary has validated a certification under 

16 subsection (b) or (c); and 

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

18 eligible under subparagraph (A), to a local gov19 ernment that is eligible under this section. 

20 ‘‘(3) TRAINING.—Of the amounts made avail21 able under this subsection, the State or Indian tribe 

22 may use amounts required, but not to exceed 

23 $750,000 for a State, to train State and local build24 ing code officials to implement and enforce codes de25 scribed in paragraph (2). 
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1 ‘‘(4) LOCAL GOVERNMENTS.—States may share 

2 grants under this subsection with local governments 

3 that implement and enforce the codes. 

4 ‘‘(g) STRETCH CODES AND ADVANCED STAND5 ARDS.— 

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

7 technical and financial support for the development 

8 of stretch codes and advanced standards for residen9 tial and commercial buildings for use as— 

10 ‘‘(A) an option for adoption as a building 

11 energy code by State, local, or tribal govern12 ments; and 

13 ‘‘(B) guidelines for energy-efficient build14 ing design. 

15 ‘‘(2) TARGETS.—The stretch codes and ad16 vanced standards shall be designed— 

17 ‘‘(A) to achieve substantial energy savings 

18 compared to the model building energy codes; 

19 and 

20 ‘‘(B) to meet targets under section 307(b), 

21 if available, at least 3 to 6 years in advance of 

22 the target years. 

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

24 building science experts from the National Laboratories 

25 and institutions of higher education, designers and build-
23 

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1 ers of energy-efficient residential and commercial build2 ings, code officials, and other stakeholders, shall under3 take a study of the feasibility, impact, economics, and 

4 merit of— 

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

6 buildings be designed, sited, and constructed in a 

7 manner that makes the buildings more adaptable in 

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

9 construction, as advances are achieved in energy-sav10 ing technologies; 

11 ‘‘(2) code procedures to incorporate measured 

12 lifetimes, not just first-year energy use, in trade-offs 

13 and performance calculations; and 

14 ‘‘(3) legislative options for increasing energy 

15 savings from building energy codes, including addi16 tional incentives for effective State and local action, 

17 and verification of compliance with and enforcement 

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

19 ‘‘(i) EFFECT ON OTHER LAWS.—Nothing in this sec20 tion or section 307 supersedes or modifies the application 

21 of sections 321 through 346 of the Energy Policy and 

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

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

24 is authorized to be appropriated to carry out this section 
24 

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

2 expended.’’. 

3 (c) FEDERAL BUILDING ENERGY EFFICIENCY

4 STANDARDS.—Section 305 of the Energy Conservation 

5 and Production Act (42 U.S.C. 6834) is amended by strik6 ing ‘‘voluntary building energy code’’ each place it appears 

7 in subsections (a)(2)(B) and (b) and inserting ‘‘model 

8 building energy code’’. 

9 (d) MODEL BUILDING ENERGY CODES.—Section 307 

10 of the Energy Conservation and Production Act (42 

11 U.S.C. 6836) is amended to read as follows: 

12 ‘‘SEC. 307. SUPPORT FOR MODEL BUILDING ENERGY 

13 CODES. 

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

15 updating of model building energy codes. 

16 ‘‘(b) TARGETS.— 

17 ‘‘(1) IN GENERAL.—The Secretary shall sup18 port the updating of the model building energy codes 

19 to enable the achievement of aggregate energy sav20 ings targets established under paragraph (2). 

21 ‘‘(2) TARGETS.— 

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

23 work with States, local governments, and In24 dian tribes, nationally recognized code and 

25 standards developers, and other interested par-
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1 ties to support the updating of model building 

2 energy codes by establishing one or more aggre3 gate energy savings targets to achieve the pur4 poses of this section. 

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

6 may establish separate targets for commercial 

7 and residential buildings. 

8 ‘‘(C) BASELINES.—The baseline for updat9 ing model building energy codes shall be the 

10 2009 IECC for residential buildings and 

11 ASHRAE Standard 90.1–2010 for commercial 

12 buildings. 

13 ‘‘(D) SPECIFIC YEARS.— 

14 ‘‘(i) IN GENERAL.—Targets for spe15 cific years shall be established and revised 

16 by the Secretary through rulemaking and 

17 coordinated with nationally recognized code 

18 and standards developers at a level that— 

19 ‘‘(I) is at the maximum level of 

20 energy efficiency that is techno21 logically feasible and life-cycle cost ef22 fective, while accounting for the eco23 nomic considerations under paragraph 

24 (4); 
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1 ‘‘(II) is higher than the preceding 

2 target; and 

3 ‘‘(III) promotes the achievement 

4 of commercial and residential high5 performance buildings through high6 performance energy efficiency (within 

7 the meaning of section 401 of the En8 ergy Independence and Security Act 

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

10 ‘‘(ii) INITIAL TARGETS.—Not later 

11 than 1 year after the date of enactment of 

12 this clause, the Secretary shall establish 

13 initial targets under this subparagraph. 

14 ‘‘(iii) DIFFERENT TARGET YEARS.— 

15 Subject to clause (i), prior to the applica16 ble year, the Secretary may set a later tar17 get year for any of the model building en18 ergy codes described in subparagraph (A) 

19 if the Secretary determines that a target 

20 cannot be met. 

21 ‘‘(iv) SMALL BUSINESS.—When estab22 lishing targets under this paragraph 

23 through rulemaking, the Secretary shall 

24 ensure compliance with the Small Business 

25 Regulatory Enforcement Fairness Act of 
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1 1996 (5 U.S.C. 601 note; Public Law 104– 

2 121). 

3 ‘‘(3) APPLIANCE STANDARDS AND OTHER FAC4 TORS AFFECTING BUILDING ENERGY USE.—In es5 tablishing building code targets under paragraph 

6 (2), the Secretary shall develop and adjust the tar7 gets in recognition of potential savings and costs re8 lating to— 

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

10 lighting, windows, insulation, and building enve11 lope sealing; 

12 ‘‘(B) advancement of distributed genera13 tion and on-site renewable power generation 

14 technologies; 

15 ‘‘(C) equipment improvements for heating, 

16 cooling, and ventilation systems; 

17 ‘‘(D) building management systems and 

18 SmartGrid technologies to reduce energy use; 

19 and 

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

21 building systems that the Secretary considers 

22 appropriate regarding building plug load and 

23 other energy uses. 

24 ‘‘(4) ECONOMIC CONSIDERATIONS.—In estab25 lishing and revising building code targets under 
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1 paragraph (2), the Secretary shall consider the eco2 nomic feasibility of achieving the proposed targets 

3 established under this section and the potential costs 

4 and savings for consumers and building owners, in5 cluding a return on investment analysis. 

6 ‘‘(c) TECHNICAL ASSISTANCE TO MODEL BUILDING

7 ENERGY CODE-SETTING AND STANDARD DEVELOPMENT

8 ORGANIZATIONS.— 

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

10 timely basis, provide technical assistance to model 

11 building energy code-setting and standard develop12 ment organizations consistent with the goals of this 

13 section. 

14 ‘‘(2) ASSISTANCE.—The assistance shall in15 clude, as requested by the organizations, technical 

16 assistance in— 

17 ‘‘(A) evaluating code or standards pro18 posals or revisions; 

19 ‘‘(B) building energy analysis and design 

20 tools; 

21 ‘‘(C) building demonstrations; 

22 ‘‘(D) developing definitions of energy use 

23 intensity and building types for use in model 

24 building energy codes to evaluate the efficiency 

25 impacts of the model building energy codes; 
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1 ‘‘(E) performance-based standards; 

2 ‘‘(F) evaluating economic considerations 

3 under subsection (b)(4); and 

4 ‘‘(G) developing model building energy 

5 codes by Indian tribes in accordance with tribal 

6 law. 

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

8 may submit timely model building energy code 

9 amendment proposals to the model building energy 

10 code-setting and standard development organiza11 tions, with supporting evidence, sufficient to enable 

12 the model building energy codes to meet the targets 

13 established under subsection (b)(2). 

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

15 shall make publicly available the entire calculation 

16 methodology (including input assumptions and data) 

17 used by the Secretary to estimate the energy savings 

18 of code or standard proposals and revisions. 

19 ‘‘(d) DETERMINATION.— 

20 ‘‘(1) REVISION OF MODEL BUILDING ENERGY

21 CODES.—If the provisions of the IECC or ASHRAE 

22 Standard 90.1 regarding building energy use are re23 vised, the Secretary shall make a preliminary deter24 mination not later than 90 days after the date of the 

25 revision, and a final determination not later than 15 
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1 months after the date of the revision, on whether or 

2 not the revision will— 

3 ‘‘(A) improve energy efficiency in buildings 

4 compared to the existing model building energy 

5 code; and 

6 ‘‘(B) meet the applicable targets under 

7 subsection (b)(2). 

8 ‘‘(2) CODES OR STANDARDS NOT MEETING TAR9 GETS.— 

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

11 makes a preliminary determination under para12 graph (1)(B) that a code or standard does not 

13 meet the targets established under subsection 

14 (b)(2), the Secretary may at the same time pro15 vide the model building energy code or standard 

16 developer with proposed changes that would re17 sult in a model building energy code that meets 

18 the targets and with supporting evidence, tak19 ing into consideration— 

20 ‘‘(i) whether the modified code is tech21 nically feasible and life-cycle cost effective; 

22 ‘‘(ii) available appliances, technologies, 

23 materials, and construction practices; and 

24 ‘‘(iii) the economic considerations 

25 under subsection (b)(4). 
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1 ‘‘(B) INCORPORATION OF CHANGES.— 

2 ‘‘(i) IN GENERAL.—On receipt of the 

3 proposed changes, the model building en4 ergy code or standard developer shall have 

5 an additional 270 days to accept or reject 

6 the proposed changes of the Secretary to 

7 the model building energy code or standard 

8 for the Secretary to make a final deter9 mination. 

10 ‘‘(ii) FINAL DETERMINATION.—A 

11 final determination under paragraph (1) 

12 shall be on the modified model building en13 ergy code or standard. 

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

15 the Secretary shall— 

16 ‘‘(1) publish notice of targets and supporting 

17 analysis and determinations under this section in the 

18 Federal Register to provide an explanation of and 

19 the basis for such actions, including any supporting 

20 modeling, data, assumptions, protocols, and cost21 benefit analysis, including return on investment; and 

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

23 on targets and supporting analysis and determina24 tions under this section. 
32 

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1 ‘‘(f) VOLUNTARY CODES AND STANDARDS.—Not2 withstanding any other provision of this section, any 

3 model building code or standard established under section 

4 304 shall not be binding on a State, local government, or 

5 Indian tribe as a matter of Federal law.’’. 

6 SEC. 1002. BUDGET-NEUTRAL DEMONSTRATION PROGRAM 

7 FOR ENERGY AND WATER CONSERVATION IM8 PROVEMENTS AT MULTIFAMILY RESIDEN9 TIAL UNITS. 

10 (a) ESTABLISHMENT.—The Secretary of Housing 

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

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

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

14 enactment of this Act, and ending on September 30, 2018, 

15 the Secretary may enter into budget-neutral, performance16 based agreements that result in a reduction in energy or 

17 water costs with such entities as the Secretary determines 

18 to be appropriate under which the entities shall carry out 

19 projects for energy or water conservation improvements at 

20 not more than 20,000 residential units in multifamily 

21 buildings participating in— 

22 (1) the project-based rental assistance program 

23 under section 8 of the United States Housing Act of 

24 1937 (42 U.S.C. 1437f), other than assistance pro25 vided under section 8(o) of that Act; 
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1 (2) the supportive housing for the elderly pro2 gram under section 202 of the Housing Act of 1959 

3 (12 U.S.C. 1701q); or 

4 (3) the supportive housing for persons with dis5 abilities program under section 811(d)(2) of the 

6 Cranston-Gonzalez National Affordable Housing Act 

7 (42 U.S.C. 8013(d)(2)). 

8 (b) REQUIREMENTS.— 

9 (1) PAYMENTS CONTINGENT ON SAVINGS.— 

10 (A) IN GENERAL.—The Secretary shall 

11 provide to an entity a payment under an agree12 ment under this section only during applicable 

13 years for which an energy or water cost savings 

14 is achieved with respect to the applicable multi15 family portfolio of properties, as determined by 

16 the Secretary, in accordance with subparagraph 

17 (B). 

18 (B) PAYMENT METHODOLOGY.— 

19 (i) IN GENERAL.—Each agreement 

20 under this section shall include a pay-for21 success provision— 

22 (I) that will serve as a payment 

23 threshold for the term of the agree24 ment; and 
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1 (II) pursuant to which the De2 partment of Housing and Urban De3 velopment shall share a percentage of 

4 the savings at a level determined by 

5 the Secretary that is sufficient to 

6 cover the administrative costs of car7 rying out this section. 

8 (ii) LIMITATIONS.—A payment made 

9 by the Secretary under an agreement 

10 under this section shall— 

11 (I) be contingent on documented 

12 utility savings; and 

13 (II) not exceed the utility savings 

14 achieved by the date of the payment, 

15 and not previously paid, as a result of 

16 the improvements made under the 

17 agreement. 

18 (C) THIRD PARTY VERIFICATION.—Savings 

19 payments made by the Secretary under this sec20 tion shall be based on a measurement and 

21 verification protocol that includes at least— 

22 (i) establishment of a weather-normal23 ized and occupancy-normalized utility con24 sumption baseline established preretrofit; 
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1 (ii) annual third party confirmation of 

2 actual utility consumption and cost for 

3 owner-paid utilities; 

4 (iii) annual third party validation of 

5 the tenant utility allowances in effect dur6 ing the applicable year and vacancy rates 

7 for each unit type; and 

8 (iv) annual third party determination 

9 of savings to the Secretary. 

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

11 this section shall be not longer than 12 years. 

12 (3) ENTITY ELIGIBILITY.—The Secretary 

13 shall— 

14 (A) establish a competitive process for en15 tering into agreements under this section; and 

16 (B) enter into such agreements only with 

17 entities that demonstrate significant experience 

18 relating to— 

19 (i) financing and operating properties 

20 receiving assistance under a program de21 scribed in subsection (a); 

22 (ii) oversight of energy and water con23 servation programs, including oversight of 

24 contractors; and 
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1 (iii) raising capital for energy and 

2 water conservation improvements from 

3 charitable organizations or private inves4 tors. 

5 (4) GEOGRAPHICAL DIVERSITY.—Each agree6 ment entered into under this section shall provide 

7 for the inclusion of properties with the greatest fea8 sible regional and State variance. 

9 (c) PLAN AND REPORTS.— 

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

11 date of enactment of this Act, the Secretary shall 

12 submit to the Committees on Appropriations of the 

13 House of Representatives and the Senate, the Com14 mittee on Energy and Natural Resources of the Sen15 ate, and the Committee on Energy and Commerce of 

16 the House of Representatives a detailed plan for the 

17 implementation of this section. 

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

19 date of enactment of this Act, and annually there20 after, the Secretary shall— 

21 (A) conduct an evaluation of the program 

22 under this section; and 

23 (B) submit to Congress a report describing 

24 each evaluation conducted under subparagraph 

25 (A). 
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1 (d) FUNDING.—For each fiscal year during which an 

2 agreement under this section is in effect, the Secretary 

3 may use to carry out this section any funds appropriated 

4 to the Secretary for the renewal of contracts under a pro5 gram described in subsection (a). 

6 SEC. 1003. COORDINATION OF ENERGY RETROFITTING AS7 SISTANCE FOR SCHOOLS. 

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

9 term ‘‘school’’ means— 

10 (1) an elementary school or secondary school 

11 (as defined in section 9101 of the Elementary and 

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

13 7801)); 

14 (2) an institution of higher education (as de15 fined in section 102(a) of the Higher Education Act 

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

17 (3) a school of the defense dependents’ edu18 cation system under the Defense Dependents’ Edu19 cation Act of 1978 (20 U.S.C. 921 et seq.) or estab20 lished under section 2164 of title 10, United States 

21 Code; 

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

23 Affairs; 
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1 (5) a tribally controlled school (as defined in 

2 section 5212 of the Tribally Controlled Schools Act 

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

4 (6) a Tribal College or University (as defined in 

5 section 316(b) of the Higher Education Act of 1965 

6 (20 U.S.C. 1059c(b))). 

7 (b) DESIGNATION OF LEAD AGENCY.—The Sec8 retary, acting through the Office of Energy Efficiency and 

9 Renewable Energy, shall act as the lead Federal agency 

10 for coordinating and disseminating information on exist11 ing Federal programs and assistance that may be used 

12 to help initiate, develop, and finance energy efficiency, re13 newable energy, and energy retrofitting projects for 

14 schools. 

15 (c) REQUIREMENTS.—In carrying out coordination 

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

17 (1) in consultation and coordination with the 

18 appropriate Federal agencies, carry out a review of 

19 existing programs and financing mechanisms (in20 cluding revolving loan funds and loan guarantees) 

21 available in or from the Department of Agriculture, 

22 the Department of Energy, the Department of Edu23 cation, the Department of the Treasury, the Internal 

24 Revenue Service, the Environmental Protection 

25 Agency, and other appropriate Federal agencies with 
39 

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1 jurisdiction over energy financing and facilitation 

2 that are currently used or may be used to help ini3 tiate, develop, and finance energy efficiency, renew4 able energy, and energy retrofitting projects for 

5 schools; 

6 (2) establish a Federal cross-departmental col7 laborative coordination, education, and outreach ef8 fort to streamline communication and promote avail9 able Federal opportunities and assistance described 

10 in paragraph (1) for energy efficiency, renewable en11 ergy, and energy retrofitting projects that enables 

12 States, local educational agencies, and schools— 

13 (A) to use existing Federal opportunities 

14 more effectively; and 

15 (B) to form partnerships with Governors, 

16 State energy programs, local educational, finan17 cial, and energy officials, State and local gov18 ernment officials, nonprofit organizations, and 

19 other appropriate entities to support the initi20 ation of the projects; 

21 (3) provide technical assistance for States, local 

22 educational agencies, and schools to help develop 

23 and finance energy efficiency, renewable energy, and 

24 energy retrofitting projects— 
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1 (A) to increase the energy efficiency of 

2 buildings or facilities; 

3 (B) to install systems that individually 

4 generate energy from renewable energy re5 sources; 

6 (C) to establish partnerships to leverage 

7 economies of scale and additional financing 

8 mechanisms available to larger clean energy ini9 tiatives; or 

10 (D) to promote— 

11 (i) the maintenance of health, environ12 mental quality, and safety in schools, in13 cluding the ambient air quality, through 

14 energy efficiency, renewable energy, and 

15 energy retrofit projects; and 

16 (ii) the achievement of expected en17 ergy savings and renewable energy produc18 tion through proper operations and main19 tenance practices; 

20 (4) develop and maintain a single online re21 source website with contact information for relevant 

22 technical assistance and support staff in the Office 

23 of Energy Efficiency and Renewable Energy for 

24 States, local educational agencies, and schools to ef25 fectively access and use Federal opportunities and 
41 

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1 assistance described in paragraph (1) to develop en2 ergy efficiency, renewable energy, and energy retro3 fitting projects; and 

4 (5) establish a process for recognition of schools 

5 that— 

6 (A) have successfully implemented energy 

7 efficiency, renewable energy, and energy retro8 fitting projects; and 

9 (B) are willing to serve as resources for 

10 other local educational agencies and schools to 

11 assist initiation of similar efforts. 

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

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

14 Congress a report describing the implementation of this 

15 section. 

16 SEC. 1004. ENERGY EFFICIENCY MATERIALS PILOT PRO17 GRAM. 

18 (a) DEFINITIONS.—In this section: 

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

20 a nonprofit organization that applies for a grant 

21 under this section. 

22 (2) ENERGY-EFFICIENCY MATERIALS.— 

23 (A) IN GENERAL.—The term ‘‘energy-effi24 ciency materials’’ means a measure (including a 

25 product, equipment, or system) that results in 
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1 a reduction in use by a nonprofit organization 

2 for energy or fuel supplied from outside the 

3 nonprofit building. 

4 (B) INCLUSIONS.—The term ‘‘energy-effi5 ciency materials’’ includes an item involving— 

6 (i) a roof or lighting system, or com7 ponent of a roof or lighting system; 

8 (ii) a window; 

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

10 or 

11 (iv) a heating, ventilation, or air con12 ditioning system or component of the sys13 tem (including insulation and wiring and 

14 plumbing materials needed to serve a more 

15 efficient system); and 

16 (v) a renewable energy generation or 

17 heating system, including a solar, photo18 voltaic, wind, geothermal, or biomass (in19 cluding wood pellet) system or component 

20 of the system. 

21 (3) NONPROFIT BUILDING.— 

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

23 building’’ means a building operated and owned 

24 by a nonprofit organization. 
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1 (B) INCLUSIONS.—The term ‘‘nonprofit 

2 building’’ includes a building described in sub3 paragraph (A) that is— 

4 (i) a hospital; 

5 (ii) a youth center; 

6 (iii) a school; 

7 (iv) a social-welfare program facility; 

8 (v) a faith-based organization; and 

9 (vi) any other nonresidential and non10 commercial structure. 

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

12 the date of enactment of this Act, the Secretary shall es13 tablish a pilot program to award grants for the purpose 

14 of providing nonprofit buildings with energy-efficiency ma15 terials. 

16 (c) GRANTS.— 

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

18 grants under the program established under sub19 section (b). 

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

21 grant under this section if an applicant submits to 

22 the Secretary an application at such time, in such 

23 form, and containing such information as the Sec24 retary may prescribe. 
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1 (3) CRITERIA FOR GRANT.—In determining 

2 whether to award a grant under this section, the 

3 Secretary shall apply performance-based criteria, 

4 which shall give priority to applications based on— 

5 (A) the energy savings achieved; 

6 (B) the cost-effectiveness of the use of en7 ergy-efficiency materials; 

8 (C) an effective plan for evaluation, meas9 urement, and verification of energy savings; and 

10 (D) the financial need of the applicant. 

11 (4) LIMITATION ON INDIVIDUAL GRANT

12 AMOUNT.—Each grant awarded under this section 

13 shall not exceed $200,000. 

14 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 

15 authorized to be appropriated to carry out this section 

16 $10,000,000 for each of fiscal years 2016 through 2020, 

17 to remain available until expended. 

18 SEC. 1005. UTILITY ENERGY SERVICE CONTRACTS. 

19 Section 546 of the National Energy Conservation 

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

21 end the following: 

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

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

24 use, to the maximum extent practicable, measures 

25 provided by law to meet energy efficiency and con-
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1 servation mandates and laws, including through util2 ity energy service contracts. 

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

4 energy service contract entered into by a Federal 

5 agency may have a contract period that extends be6 yond 10 years, but not to exceed 25 years. 

7 ‘‘(3) REQUIREMENTS.—The conditions of a util8 ity energy service contract entered into by a Federal 

9 agency shall include requirements for measurement, 

10 verification, and performance assurances or guaran11 tees of the savings.’’. 

12 SEC. 1006. USE OF ENERGY AND WATER EFFICIENCY MEAS13 URES IN FEDERAL BUILDINGS. 

14 (a) ENERGY MANAGEMENT REQUIREMENTS.—Sec15 tion 543(f)(4) of the National Energy Conservation Policy 

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

17 and inserting ‘‘shall’’. 

18 (b) REPORTS.—Section 548(b) of the National En19 ergy Conservation Policy Act (42 U.S.C. 8258(b)) is 

20 amended— 

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

22 end; 

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

24 the end and inserting ‘‘; and’’; and 

25 (3) by adding at the end the following: 
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1 ‘‘(5)(A) the status of the energy savings per2 formance contracts and utility energy service con3 tracts of each agency; 

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

5 ‘‘(C) the guaranteed energy savings for the pre6 vious year as compared to the actual energy savings 

7 for the previous year; 

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

9 the coming year; and 

10 ‘‘(E) information explaining why any previously 

11 submitted plans for the contracts were not imple12 mented.’’. 

13 (c) DEFINITION OF ENERGY CONSERVATION MEAS14 URES.—Section 551(4) of the National Energy Conserva15 tion Policy Act (42 U.S.C. 8259(4)) is amended by strik16 ing ‘‘or retrofit activities’’ and inserting ‘‘retrofit activi17 ties, or energy consuming devices and required support 

18 structures’’. 

19 (d) AUTHORITY TO ENTER INTO CONTRACTS.—Sec20 tion 801(a)(2)(F) of the National Energy Conservation 

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

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

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

24 end and inserting ‘‘; or’’; and 

25 (3) by adding at the end the following: 
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1 ‘‘(iii) limit the recognition of oper2 ation and maintenance savings associated 

3 with systems modernized or replaced with 

4 the implementation of energy conservation 

5 measures, water conservation measures, or 

6 any combination of energy conservation 

7 measures and water conservation meas8 ures.’’. 

9 (e) MISCELLANEOUS AUTHORITY.—Section 

10 801(a)(2) of the National Energy Conservation Policy Act 

11 (42 U.S.C. 8287(a)(2)) is amended by adding at the end 

12 the following: 

13 ‘‘(H) MISCELLANEOUS AUTHORITY.—Not14 withstanding any other provision of law, a Fed15 eral agency may sell or transfer energy savings 

16 and apply the proceeds of the sale or transfer 

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

18 (f) PAYMENT OF COSTS.—Section 802 of the Na19 tional Energy Conservation Policy Act (42 U.S.C. 8287a) 

20 is amended by striking ‘‘(and related operation and main21 tenance expenses)’’ and inserting ‘‘, including related op22 erations and maintenance expenses’’. 

23 (g) DEFINITION OF FEDERAL BUILDING.—Section 

24 551(6) of the National Energy Conservation Policy Act 

25 (42 U.S.C. 8259(6)) is amended by striking the semicolon 
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1 at the end and inserting ‘‘the term does not include a dam, 

2 reservoir, or hydropower facility owned or operated by a 

3 Federal agency;’’. 

4 (h) DEFINITION OF ENERGY SAVINGS.—Section 

5 804(2) of the National Energy Conservation Policy Act 

6 (42 U.S.C. 8287c(2)) is amended— 

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

8 owned building or buildings or other federally owned 

9 facilities’’ and inserting ‘‘Federal building (as de10 fined in section 551)’’ each place it appears; 

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

12 and inserting a semicolon; 

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

14 at the end and inserting a semicolon; and 

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

16 ‘‘(E) the use, sale, or transfer of energy in17 centives, rebates, or credits (including renew18 able energy credits) from Federal, State, or 

19 local governments or utilities; and 

20 ‘‘(F) any revenue generated from a reduc21 tion in energy or water use, more efficient 

22 waste recycling, or additional energy generated 

23 from more efficient equipment.’’. 
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1 SEC. 1007. BUILDING TRAINING AND ASSESSMENT CEN2 TERS. 

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

4 grants to institutions of higher education (as defined in 

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

6 U.S.C. 1001)) and Tribal Colleges or Universities (as de7 fined in section 316(b) of that Act (20 U.S.C. 1059c(b))) 

8 to establish building training and assessment centers— 

9 (1) to identify opportunities for optimizing en10 ergy efficiency and environmental performance in 

11 buildings; 

12 (2) to promote the application of emerging con13 cepts and technologies in commercial and institu14 tional buildings; 

15 (3) to train engineers, architects, building sci16 entists, building energy permitting and enforcement 

17 officials, and building technicians in energy-efficient 

18 design and operation; 

19 (4) to assist institutions of higher education 

20 and Tribal Colleges or Universities in training build21 ing technicians; 

22 (5) to promote research and development for 

23 the use of alternative energy sources and distributed 

24 generation to supply heat and power for buildings, 

25 particularly energy-intensive buildings; and 
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1 (6) to coordinate with and assist State-accred2 ited technical training centers, community colleges, 

3 Tribal Colleges or Universities, and local offices of 

4 the National Institute of Food and Agriculture and 

5 ensure appropriate services are provided under this 

6 section to each region of the United States. 

7 (b) COORDINATION AND NONDUPLICATION.— 

8 (1) IN GENERAL.—The Secretary shall coordi9 nate the program with the industrial research and 

10 assessment centers program and with other Federal 

11 programs to avoid duplication of effort. 

12 (2) COLLOCATION.—To the maximum extent 

13 practicable, building, training, and assessment cen14 ters established under this section shall be collocated 

15 with Industrial Assessment Centers. 

16 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

17 authorized to be appropriated to carry out this section 

18 $10,000,000, to remain available until expended. 

19 SEC. 1008. CAREER SKILLS TRAINING. 

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

21 eligible entities described in subsection (b) to pay the Fed22 eral share of associated career skills training programs 

23 under which students concurrently receive classroom in24 struction and on-the-job training for the purpose of ob25 taining an industry-related certification to install energy 
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1 efficient buildings technologies, including technologies de2 scribed in section 307(b)(3) of the Energy Conservation 

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

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

5 under subsection (a), an entity shall be a nonprofit part6 nership described in section 171(e)(2)(B)(ii) of the Work7 force Investment Act of 1998 (29 U.S.C. 

8 2916(e)(2)(B)(ii)). 

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

10 of carrying out a career skills training program described 

11 in subsection (a) shall be 50 percent. 

12 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 

13 authorized to be appropriated to carry out this section 

14 $10,000,000, to remain available until expended. 

15 SEC. 1009. ENERGY-EFFICIENT AND ENERGY-SAVING IN16 FORMATION TECHNOLOGIES. 

17 Section 543 of the National Energy Conservation 

18 Policy Act (42 U.S.C. 8253) is amended by adding at the 

19 end the following: 

20 ‘‘(h) FEDERAL IMPLEMENTATION STRATEGY FOR

21 ENERGY-EFFICIENT AND ENERGY-SAVING INFORMATION

22 TECHNOLOGIES.— 

23 ‘‘(1) DEFINITIONS.—In this subsection: 
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1 ‘‘(A) DIRECTOR.—The term ‘Director’ 

2 means the Director of the Office of Manage3 ment and Budget. 

4 ‘‘(B) INFORMATION TECHNOLOGY.—The 

5 term ‘information technology’ has the meaning 

6 given the term in section 11101 of title 40, 

7 United States Code. 

8 ‘‘(2) DEVELOPMENT OF IMPLEMENTATION

9 STRATEGY.—Not later than 1 year after the date of 

10 enactment of this subsection, each Federal agency 

11 shall collaborate with the Director to develop an im12 plementation strategy (including best-practices and 

13 measurement and verification techniques) for the 

14 maintenance, purchase, and use by the Federal 

15 agency of energy-efficient and energy-saving infor16 mation technologies. 

17 ‘‘(3) ADMINISTRATION.—In developing an im18 plementation strategy, each Federal agency shall 

19 consider— 

20 ‘‘(A) advanced metering infrastructure; 

21 ‘‘(B) energy efficient data center strategies 

22 and methods of increasing asset and infrastruc23 ture utilization; 

24 ‘‘(C) advanced power management tools; 
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1 ‘‘(D) building information modeling, in2 cluding building energy management; and 

3 ‘‘(E) secure telework and travel substi4 tution tools. 

5 ‘‘(4) PERFORMANCE GOALS.— 

6 ‘‘(A) IN GENERAL.—Not later than Sep7 tember 30, 2015, the Director, in consultation 

8 with the Secretary, shall establish performance 

9 goals for evaluating the efforts of Federal agen10 cies in improving the maintenance, purchase, 

11 and use of energy-efficient and energy-saving 

12 information technology systems. 

13 ‘‘(B) BEST PRACTICES.—The Chief Infor14 mation Officers Council established under sec15 tion 3603 of title 44, United States Code, shall 

16 supplement the performance goals established 

17 under this paragraph with recommendations on 

18 best practices for the attainment of the per19 formance goals, to include a requirement for 

20 agencies to consider the use of— 

21 ‘‘(i) energy savings performance con22 tracting; and 

23 ‘‘(ii) utility energy services con24 tracting. 

25 ‘‘(5) REPORTS.— 
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1 ‘‘(A) AGENCY REPORTS.—Each Federal 

2 agency subject to the requirements of this sub3 section shall include in the report of the agency 

4 under section 527 of the Energy Independence 

5 and Security Act of 2007 (42 U.S.C. 17143) a 

6 description of the efforts and results of the 

7 agency under this subsection. 

8 ‘‘(B) OMB GOVERNMENT EFFICIENCY RE9 PORTS AND SCORECARDS.—Effective beginning 

10 not later than October 1, 2015, the Director 

11 shall include in the annual report and scorecard 

12 of the Director required under section 528 of 

13 the Energy Independence and Security Act of 

14 2007 (42 U.S.C. 17144) a description of the ef15 forts and results of Federal agencies under this 

16 subsection. 

17 ‘‘(C) USE OF EXISTING REPORTING STRUC18 TURES.—The Director may require Federal 

19 agencies to submit any information required to 

20 be submitted under this subsection though re21 porting structures in use as of the date of en22 actment of the Energy Policy Modernization 

23 Act of 2016.’’. 
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1 SEC. 1010. AVAILABILITY OF FUNDS FOR DESIGN UPDATES. 

2 Section 3307 of title 40, United States Code, is 

3 amended— 

4 (1) by redesignating subsections (d) through (h) 

5 as subsections (e) through (i), respectively; and 

6 (2) by inserting after subsection (c) the fol7 lowing: 

8 ‘‘(d) AVAILABILITY OF FUNDS FOR DESIGN UP9 DATES.— 

10 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 

11 for any project for which congressional approval is 

12 received under subsection (a) and for which the de13 sign has been substantially completed but construc14 tion has not begun, the Administrator of General 

15 Services may use appropriated funds to update the 

16 project design to meet applicable Federal building 

17 energy efficiency standards established under section 

18 305 of the Energy Conservation and Production Act 

19 (42 U.S.C. 6834) and other requirements estab20 lished under section 3312. 

21 ‘‘(2) LIMITATION.—The use of funds under 

22 paragraph (1) shall not exceed 125 percent of the 

23 estimated energy or other cost savings associated 

24 with the updates as determined by a life cycle cost 

25 analysis under section 544 of the National Energy 

26 Conservation Policy Act (42 U.S.C. 8254).’’. 
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1 SEC. 1011. 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)— 

5 (A) in paragraph (2)(D)(iv), by striking 

6 ‘‘the organization’’ and inserting ‘‘an organiza7 tion’’; and 

8 (B) by striking paragraph (3); and 

9 (2) by striking subsections (c) through (g) and 

10 inserting the following: 

11 ‘‘(c) STAKEHOLDER INVOLVEMENT.— 

12 ‘‘(1) IN GENERAL.—The Secretary and the Ad13 ministrator shall carry out subsection (b) in con14 sultation with the information technology industry 

15 and other key stakeholders, with the goal of pro16 ducing results that accurately reflect the best knowl17 edge in the most pertinent domains. 

18 ‘‘(2) CONSIDERATIONS.—In carrying out con19 sultation described in paragraph (1), the Secretary 

20 and the Administrator shall pay particular attention 

21 to organizations that— 

22 ‘‘(A) have members with expertise in en23 ergy efficiency and in the development, oper24 ation, and functionality of data centers, infor25 mation technology equipment, and software, in26 cluding representatives of hardware manufac-
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1 turers, data center operators, and facility man2 agers; 

3 ‘‘(B) obtain and address input from the 

4 National Laboratories (as that term is defined 

5 in section 2 of the Energy Policy Act of 2005 

6 (42 U.S.C. 15801)) or any institution of higher 

7 education, research institution, industry asso8 ciation, company, or public interest group with 

9 applicable expertise; 

10 ‘‘(C) follow— 

11 ‘‘(i) commonly accepted procedures 

12 for the development of specifications; and 

13 ‘‘(ii) accredited standards development 

14 processes; or 

15 ‘‘(D) have a mission to promote energy ef16 ficiency for data centers and information tech17 nology. 

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

19 Secretary and the Administrator shall consider and assess 

20 the adequacy of the specifications, measurements, and 

21 benchmarks described in subsection (b) for use by the 

22 Federal Energy Management Program, the Energy Star 

23 Program, and other efficiency programs of the Depart24 ment of Energy or the Environmental Protection Agency. 
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1 ‘‘(e) STUDY.—The Secretary, in consultation with the 

2 Administrator, not later than 18 months after the date 

3 of enactment of the Energy Policy Modernization Act of 

4 2016, shall make available to the public an update to the 

5 report submitted to Congress pursuant to section 1 of the 

6 Act of December 20, 2006 (Public Law 109–431; 120 

7 Stat. 2920), entitled ‘Report to Congress on Server and 

8 Data Center Energy Efficiency’ and dated August 2, 

9 2007, that provides— 

10 ‘‘(1) a comparison and gap analysis of the esti11 mates and projections contained in the original re12 port with new data regarding the period from 2007 

13 through 2014; 

14 ‘‘(2) an analysis considering the impact of in15 formation technologies, including virtualization and 

16 cloud computing, in the public and private sectors; 

17 ‘‘(3) an evaluation of the impact of the com18 bination of cloud platforms, mobile devices, social 

19 media, and big data on data center energy usage; 

20 ‘‘(4) an evaluation of water usage in data cen21 ters and recommendations for reductions in such 

22 water usage; and 

23 ‘‘(5) updated projections and recommendations 

24 for best practices through fiscal year 2020. 
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1 ‘‘(f) DATA CENTER ENERGY PRACTITIONER PRO2 GRAM.— 

3 ‘‘(1) IN GENERAL.—The Secretary, in consulta4 tion with key stakeholders and the Director of the 

5 Office of Management and Budget, shall maintain a 

6 data center energy practitioner program that pro7 vides for the certification of energy practitioners 

8 qualified to evaluate the energy usage and efficiency 

9 opportunities in Federal data centers. 

10 ‘‘(2) EVALUATIONS.—Each Federal agency 

11 shall consider having the data centers of the agency 

12 evaluated once every 4 years by energy practitioners 

13 certified pursuant to the program, whenever prac14 ticable using certified practitioners employed by the 

15 agency. 

16 ‘‘(g) OPEN DATA INITIATIVE.— 

17 ‘‘(1) IN GENERAL.—The Secretary, in consulta18 tion with key stakeholders and the Director of the 

19 Office of Management and Budget, shall establish 

20 an open data initiative for Federal data center en21 ergy usage data, with the purpose of making the 

22 data available and accessible in a manner that en23 courages further data center innovation, optimiza24 tion, and consolidation. 
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1 ‘‘(2) CONSIDERATION.—In establishing the ini2 tiative under paragraph (1), the Secretary shall con3 sider using the online Data Center Maturity Model. 

4 ‘‘(h) INTERNATIONAL SPECIFICATIONS AND

5 METRICS.—The Secretary, in consultation with key stake6 holders, shall actively participate in efforts to harmonize 

7 global specifications and metrics for data center energy 

8 and water efficiency. 

9 ‘‘(i) DATA CENTER UTILIZATION METRIC.—The Sec10 retary, in collaboration with key stakeholders, shall facili11 tate in the development of an efficiency metric that meas12 ures the energy efficiency of a data center (including 

13 equipment and facilities). 

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

15 The Secretary and the Administrator shall not disclose 

16 any proprietary information or trade secrets provided by 

17 any individual or company for the purposes of carrying 

18 out this section or the programs and initiatives established 

19 under this section.’’. 

20 SEC. 1012. WEATHERIZATION ASSISTANCE PROGRAM. 

21 (a) REAUTHORIZATION OF WEATHERIZATION AS22 SISTANCE PROGRAM.—Section 422 of the Energy Con23 servation and Production Act (42 U.S.C. 6872) is amend24 ed by striking ‘‘appropriated—’’ and all that follows 

25 through the period at the end and inserting ‘‘appropriated 
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1 $350,000,000 for each of fiscal years 2016 through 

2 2020.’’. 

3 (b) GRANTS FOR NEW, SELF-SUSTAINING LOW-IN4 COME, SINGLE-FAMILY AND MULTIFAMILY HOUSING EN5 ERGY RETROFIT MODEL PROGRAMS TO ELIGIBLE

6 MULTISTATE HOUSING AND ENERGY NONPROFIT ORGA7 NIZATIONS.—The Energy Conservation and Production 

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

9 6864b) the following: 

10 ‘‘SEC. 414C. GRANTS FOR NEW, SELF-SUSTAINING LOW-IN11 COME, SINGLE-FAMILY AND MULTIFAMILY 

12 HOUSING ENERGY RETROFIT MODEL PRO13 GRAMS TO ELIGIBLE MULTISTATE HOUSING 

14 AND ENERGY NONPROFIT ORGANIZATIONS. 

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

16 ‘‘(1) to expand the number of low-income, sin17 gle-family and multifamily homes that receive energy 

18 efficiency retrofits; 

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

20 retrofitting low-income homes through new Federal 

21 partnerships with covered organizations that lever22 age substantial donations, donated materials, volun23 teer labor, homeowner labor equity, and other pri24 vate sector resources; 
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1 ‘‘(3) to assist the covered organizations in dem2 onstrating, evaluating, improving, and replicating 

3 widely the model low-income energy retrofit pro4 grams of the covered organizations; and 

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

6 make the energy retrofit programs of the covered or7 ganizations self-sustaining by the time grant funds 

8 have been expended. 

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

10 ‘‘(1) COVERED ORGANIZATION.—The term ‘cov11 ered organization’ means an organization that— 

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

13 the Internal Revenue Code of 1986 and exempt 

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

15 ‘‘(B) has an established record of con16 structing, renovating, repairing, or making en17 ergy efficient a total of not less than 250 

18 owner-occupied, single-family or multifamily 

19 homes per year for low-income households, ei20 ther directly or through affiliates, chapters, or 

21 other direct partners (using the most recent 

22 year for which data are available). 

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

24 means an income level that is not more than 200 

25 percent of the poverty level (as determined in ac-
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1 cordance with criteria established by the Director of 

2 the Office of Management and Budget) applicable to 

3 a family of the size involved, except that the Sec4 retary may establish a higher or lower level if the 

5 Secretary determines that a higher or lower level is 

6 necessary to carry out this section. 

7 ‘‘(3) WEATHERIZATION ASSISTANCE PROGRAM

8 FOR LOW-INCOME PERSONS.—The term ‘Weatheriza9 tion Assistance Program for Low-Income Persons’ 

10 means the program established under this part (in11 cluding part 440 of title 10, Code of Federal Regu12 lations, or successor regulations). 

13 ‘‘(c) COMPETITIVE GRANT PROGRAM.—The Sec14 retary shall make grants to covered organizations through 

15 a national competitive process for use in accordance with 

16 this section. 

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

18 section, the Secretary shall consider— 

19 ‘‘(1) the number of low-income homes the appli20 cant— 

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

22 made more energy efficient as of the date of the 

23 application; and 

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

25 renovate, repair, or make energy efficient dur-
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1 ing the 10-year period beginning on the date of 

2 the application; 

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

4 performance of the applicant, including experience 

5 successfully managing and administering Federal 

6 funds; 

7 ‘‘(3) the number and diversity of States and cli8 mates in which the applicant works as of the date 

9 of the application; 

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

11 or discounted materials, discounted or volunteer 

12 skilled labor, volunteer unskilled labor, homeowner 

13 labor equity, and other resources the applicant will 

14 provide; 

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

16 successfully replicate the energy retrofit program of 

17 the applicant and sustain the program after the 

18 grant funds have been expended; 

19 ‘‘(6) regional diversity; 

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

21 ‘‘(8) such other factors as the Secretary deter22 mines to be appropriate. 

23 ‘‘(e) APPLICATIONS.— 

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

25 after the date of enactment of this section, the Sec-
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1 retary shall request proposals from covered organiza2 tions. 

3 ‘‘(2) ADMINISTRATION.—To be eligible to re4 ceive a grant under this section, an applicant shall 

5 submit to the Secretary an application at such time, 

6 in such manner, and containing such information as 

7 the Secretary may require. 

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

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

10 Secretary shall award grants under this section. 

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

12 under this section may be used for— 

13 ‘‘(1) energy efficiency audits, cost-effective ret14 rofit, and related activities in different climatic re15 gions of the United States; 

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

17 ‘‘(3) organizational capacity— 

18 ‘‘(A) to significantly increase the number 

19 of energy retrofits; 

20 ‘‘(B) to replicate an energy retrofit pro21 gram in other States; and 

22 ‘‘(C) to ensure that the program is self23 sustaining after the Federal grant funds are ex24 pended; 
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1 ‘‘(4) energy efficiency, audit and retrofit train2 ing, and ongoing technical assistance; 

3 ‘‘(5) information to homeowners on proper 

4 maintenance and energy savings behaviors; 

5 ‘‘(6) quality control and improvement; 

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

7 verification; 

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

9 and reporting; 

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

11 maximum of 10 percent of the total grant); 

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

13 ‘‘(11) such other activities as the Secretary de14 termines to be appropriate. 

15 ‘‘(g) MAXIMUM AMOUNT.— 

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

17 provided under this section shall not exceed— 

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

19 out this section for a fiscal year is 

20 $225,000,000 or more, $5,000,000; and 

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

22 out this section for a fiscal year is less than 

23 $225,000,000, $1,500,000. 

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

25 The total amount of a grant provided under this sec-
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1 tion shall be reduced by the cost of any technical 

2 and training assistance provided by the Secretary 

3 that relates to the grant. 

4 ‘‘(h) GUIDELINES.— 

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

6 after the date of enactment of this section, the Sec7 retary shall issue guidelines to implement the grant 

8 program established under this section. 

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

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

11 Assistance Program for Low-Income Persons, 

12 in whole or major part; but 

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

14 law governing the Weatherization Assistance 

15 Program for Low-Income Persons to estab16 lish— 

17 ‘‘(i) standards for allowable expendi18 tures; 

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

20 ratio; 

21 ‘‘(iii) standards— 

22 ‘‘(I) to carry out training pro23 grams; 

24 ‘‘(II) to conduct energy audits 

25 and program activities; 
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1 ‘‘(III) to provide technical assist2 ance; 

3 ‘‘(IV) to monitor program activi4 ties; and 

5 ‘‘(V) to verify energy and cost 

6 savings; 

7 ‘‘(iv) liability insurance requirements; 

8 and 

9 ‘‘(v) recordkeeping requirements, 

10 which shall include reporting to the Office 

11 of Weatherization and Intergovernmental 

12 Programs of the Department of Energy 

13 applicable data on each home retrofitted. 

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

15 review and evaluate the performance of any covered orga16 nization that receives a grant under this section (which 

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

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

19 Nothing in this section or any program carried out using 

20 a grant provided under this section supersedes or other21 wise affects any State or local law, to the extent that the 

22 State or local law contains a requirement that is more 

23 stringent than the applicable requirement of this section. 

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

25 to Congress annual reports that provide— 
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1 ‘‘(1) findings; 

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

3 achieved and actions taken under this section; and 

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

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

6 made available to carry out the Weatherization Assistance 

7 Program for each of fiscal years 2016 through 2020 under 

8 section 422, the Secretary shall use to carry out this sec9 tion for each of fiscal years 2016 through 2020 not less 

10 than— 

11 ‘‘(1) 2 percent of the amount if the amount is 

12 less than $225,000,000; 

13 ‘‘(2) 5 percent of the amount if the amount is 

14 $225,000,000 or more but less than $260,000,000; 

15 and 

16 ‘‘(3) 10 percent of the amount if the amount is 

17 $260,000,000 or more.’’. 

18 (c) STANDARDS PROGRAM.—Section 415 of the En19 ergy Conservation and Production Act (42 U.S.C. 6865) 

20 is amended by adding at the end the following: 

21 ‘‘(f) STANDARDS PROGRAM.— 

22 ‘‘(1) CONTRACTOR QUALIFICATION.—Effective 

23 beginning January 1, 2016, to be eligible to carry 

24 out weatherization using funds made available under 
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1 this part, a contractor shall be selected through a 

2 competitive bidding process and be— 

3 ‘‘(A) accredited by the Building Perform4 ance Institute; 

5 ‘‘(B) an Energy Smart Home Performance 

6 Team accredited under the Residential Energy 

7 Services Network; or 

8 ‘‘(C) accredited by an equivalent accredita9 tion or program accreditation-based State cer10 tification program approved by the Secretary. 

11 ‘‘(2) GRANTS FOR ENERGY RETROFIT MODEL

12 PROGRAMS.— 

13 ‘‘(A) IN GENERAL.—To be eligible to re14 ceive a grant under section 414C, a covered or15 ganization (as defined in section 414C(b)) shall 

16 use a crew chief who— 

17 ‘‘(i) is certified or accredited in ac18 cordance with paragraph (1); and 

19 ‘‘(ii) supervises the work performed 

20 with grant funds. 

21 ‘‘(B) VOLUNTEER LABOR.—A volunteer 

22 who performs work for a covered organization 

23 that receives a grant under section 414C shall 

24 not be required to be certified under this sub25 section if the volunteer is not directly installing 
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1 or repairing mechanical equipment or other 

2 items that require skilled labor. 

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

4 training and technical assistance funds available 

5 to the Secretary to assist covered organizations 

6 under section 414C in providing training to ob7 tain certification required under this subsection, 

8 including provisional or temporary certification. 

9 ‘‘(3) MINIMUM EFFICIENCY STANDARDS.—Ef10 fective beginning October 1, 2016, the Secretary 

11 shall ensure that— 

12 ‘‘(A) each retrofit for which weatherization 

13 assistance is provided under this part meets 

14 minimum efficiency and quality of work stand15 ards established by the Secretary after weather16 ization of a dwelling unit; 

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

18 units are randomly inspected by a third party 

19 accredited under this subsection to ensure com20 pliance with the minimum efficiency and quality 

21 of work standards established under subpara22 graph (A); and 

23 ‘‘(C) the standards established under this 

24 subsection meet or exceed the industry stand25 ards for home performance work that are in ef-
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1 fect on the date of enactment of this subsection, 

2 as determined by the Secretary.’’. 

3 SEC. 1013. REAUTHORIZATION OF STATE ENERGY PRO4 GRAM. 

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

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

7 ‘‘$125,000,000 for each of fiscal years 2007 through 

8 2012’’ and inserting ‘‘$90,000,000 for each of fiscal years 

9 2016 through 2020, of which not greater than 5 percent 

10 may be used to provide competitively awarded financial as11 sistance’’. 

12 SEC. 1014. SMART BUILDING ACCELERATION. 

13 (a) DEFINITIONS.—In this section: 

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

15 the Federal Smart Building Program established 

16 under subsection (b)(1). 

17 (2) SMART BUILDING.—The term ‘‘smart build18 ing’’ means a building, or collection of buildings, 

19 with an energy system that— 

20 (A) is flexible and automated; 

21 (B) has extensive operational monitoring 

22 and communication connectivity, allowing re23 mote monitoring and analysis of all building 

24 functions; 
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1 (C) takes a systems-based approach in in2 tegrating the overall building operations for 

3 control of energy generation, consumption, and 

4 storage; 

5 (D) communicates with utilities and other 

6 third-party commercial entities, if appropriate; 

7 and 

8 (E) is cybersecure. 

9 (3) SMART BUILDING ACCELERATOR.—The 

10 term ‘‘smart building accelerator’’ means an initia11 tive that is designed to demonstrate specific innova12 tive policies and approaches— 

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

14 and 

15 (B) that, on successful demonstration, 

16 would accelerate investment in energy effi17 ciency. 

18 (b) FEDERAL SMART BUILDING PROGRAM.— 

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

20 after the date of enactment of this Act, the Sec21 retary shall establish a program to be known as the 

22 ‘‘Federal Smart Building Program’’— 

23 (A) to implement smart building tech24 nology; and 
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1 (B) to demonstrate the costs and benefits 

2 of smart buildings. 

3 (2) SELECTION.— 

4 (A) IN GENERAL.—The Secretary shall co5 ordinate the selection of not fewer than 1 build6 ing from among each of several key Federal 

7 agencies, as described in paragraph (4), to com8 pose an appropriately diverse set of smart 

9 buildings based on size, type, and geographic lo10 cation. 

11 (B) INCLUSION OF COMMERCIALLY OPER12 ATED BUILDINGS.—In making selections under 

13 subparagraph (A), the Secretary may include 

14 buildings that are owned by the Federal Gov15 ernment but are commercially operated. 

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

17 the date of enactment of this Act, the Secretary 

18 shall establish targets for the number of smart 

19 buildings to be commissioned and evaluated by key 

20 Federal agencies by 3 years and 6 years after the 

21 date of enactment of this Act. 

22 (4) FEDERAL AGENCY DESCRIBED.—The key 

23 Federal agencies referred to in this subsection shall 

24 include buildings operated by— 

25 (A) the Department of the Army; 
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1 (B) the Department of the Navy; 

2 (C) the Department of the Air Force; 

3 (D) the Department; 

4 (E) the Department of the Interior; 

5 (F) the Department of Veterans Affairs; 

6 and 

7 (G) the General Services Administration. 

8 (5) REQUIREMENT.—In implementing the pro9 gram, the Secretary shall leverage existing financing 

10 mechanisms including energy savings performance 

11 contracts, utility energy service contracts, and an12 nual appropriations. 

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

14 Federal Energy Management Program relating to 

15 whole-building evaluation, measurement, and 

16 verification, the Secretary shall evaluate the costs 

17 and benefits of the buildings selected under para18 graph (2), including an identification of— 

19 (A) which advanced building tech20 nologies— 

21 (i) are most cost-effective; and 

22 (ii) show the most promise for— 

23 (I) increasing building energy 

24 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 (7) AWARDS.—The Secretary may expand 

10 awards made under the Federal Energy Manage11 ment Program and the Better Building Challenge to 

12 recognize specific agency achievements in accel13 erating the adoption of smart building technologies. 

14 (c) SURVEY OF PRIVATE SECTOR SMART BUILD15 INGS.— 

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

17 survey of privately owned smart buildings through18 out the United States, including commercial build19 ings, laboratory facilities, hospitals, multifamily resi20 dential buildings, and buildings owned by nonprofit 

21 organizations and institutions of higher education. 

22 (2) SELECTION.—From among the smart build23 ings surveyed under paragraph (1), the Secretary 

24 shall select not fewer than 1 building each from an 
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1 appropriate range of building sizes, types, and geo2 graphic locations. 

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

4 Federal Energy Management Program relating to 

5 whole-building evaluation, measurement, and 

6 verification, the Secretary shall evaluate the costs 

7 and benefits of the buildings selected under para8 graph (2), including an identification of— 

9 (A) which advanced building technologies 

10 and systems— 

11 (i) are most cost-effective; and 

12 (ii) show the most promise for— 

13 (I) increasing building energy 

14 savings; 

15 (II) increasing service perform16 ance to building occupants; 

17 (III) reducing environmental im18 pacts; and 

19 (IV) establishing cybersecurity; 

20 and 

21 (B) any other information the Secretary 

22 determines to be appropriate. 

23 (d) LEVERAGING EXISTING PROGRAMS.— 

24 (1) BETTER BUILDING CHALLENGE.—As part 

25 of the Better Building Challenge of the Department, 
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1 the Secretary, in consultation with major private 

2 sector property owners, shall develop smart building 

3 accelerators to demonstrate innovative policies and 

4 approaches that will accelerate the transition to 

5 smart buildings in the public, institutional, and com6 mercial buildings sectors. 

7 (2) RESEARCH AND DEVELOPMENT.— 

8 (A) IN GENERAL.—The Secretary shall 

9 conduct research and development to address 

10 key barriers to the integration of advanced 

11 building technologies and to accelerate the tran12 sition to smart buildings. 

13 (B) INCLUSION.—The research and devel14 opment conducted under subparagraph (A) 

15 shall include research and development on— 

16 (i) achieving whole-building, systems17 level efficiency through smart system and 

18 component integration; 

19 (ii) improving physical components, 

20 such as sensors and controls, to be adapt21 ive, anticipatory, and networked; 

22 (iii) reducing the cost of key compo23 nents to accelerate the adoption of smart 

24 building technologies; 
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1 (iv) data management, including the 

2 capture and analysis of data and the inter3 operability of the energy systems; 

4 (v) protecting against cybersecurity 

5 threats and addressing security 

6 vulnerabilities of building systems or 

7 equipment; 

8 (vi) business models, including how 

9 business models may limit the adoption of 

10 smart building technologies and how to 

11 support transactive energy; 

12 (vii) integration and application of 

13 combined heat and power systems and en14 ergy storage for resiliency; 

15 (viii) characterization of buildings and 

16 components; 

17 (ix) consumer and utility protections; 

18 (x) continuous management, including 

19 the challenges of managing multiple energy 

20 systems and optimizing systems for dis21 parate stakeholders; and 

22 (xi) other areas of research and devel23 opment, as determined appropriate by the 

24 Secretary. 
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1 (e) REPORT.—Not later than 2 years after the date 

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

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

4 submit to the Committee on Energy and Natural Re5 sources of the Senate and the Committee on Energy and 

6 Commerce of the House of Representatives a report on— 

7 (1) the establishment of the Federal Smart 

8 Building Program and the evaluation of Federal 

9 smart buildings under subsection (b); 

10 (2) the survey and evaluation of private sector 

11 smart buildings under subsection (c); and 

12 (3) any recommendations of the Secretary to 

13 further accelerate the transition to smart buildings. 

14 SEC. 1015. REPEAL OF FOSSIL PHASE-OUT. 

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

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

17 striking subparagraph (D). 

18 SEC. 1016. FEDERAL BUILDING ENERGY EFFICIENCY PER19 FORMANCE STANDARDS. 

20 (a) DEFINITIONS.—Section 303 of the Energy Con21 servation and Production Act (42 U.S.C. 6832) (as 

22 amended by section 1001(a)) is amended— 

23 (1) in paragraph (6), by striking ‘‘to be con24 structed’’ and inserting ‘‘constructed or altered’’; 

25 and 
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1 (2) by adding at the end the following: 

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

3 renovation’ means a modification of building energy 

4 systems sufficiently extensive that the whole building 

5 can meet energy standards for new buildings, based 

6 on criteria to be established by the Secretary 

7 through notice and comment rulemaking.’’. 

8 (b) FEDERAL BUILDING EFFICIENCY STANDARDS.— 

9 Section 305(a)(3) of the Energy Conservation and Pro10 duction Act (42 U.S.C. 6834(a)(3)) (as amended by sec11 tion 1015) is amended— 

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

13 that follows through subparagraph (B) and inserting 

14 the following: 

15 ‘‘(3) REVISED FEDERAL BUILDING ENERGY EF16 FICIENCY PERFORMANCE STANDARDS.— 

17 ‘‘(A) REVISED FEDERAL BUILDING EN18 ERGY EFFICIENCY PERFORMANCE STAND19 ARDS.— 

20 ‘‘(i) IN GENERAL.—Not later than 1 

21 year after the date of enactment of the En22 ergy Policy Modernization Act of 2016, the 

23 Secretary shall establish, by rule, revised 

24 Federal building energy efficiency perform25 ance standards that require that— 
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1 ‘‘(I) new Federal buildings and 

2 alterations and additions to existing 

3 Federal buildings— 

4 ‘‘(aa) meet or exceed the 

5 most recent revision of the Inter6 national Energy Conservation 

7 Code (in the case of residential 

8 buildings) or ASHRAE Standard 

9 90.1 (in the case of commercial 

10 buildings) as of the date of en11 actment of the Energy Policy 

12 Modernization Act of 2016; and 

13 ‘‘(bb) meet or exceed the en14 ergy provisions of State and local 

15 building codes applicable to the 

16 building, if the codes are more 

17 stringent than the International 

18 Energy Conservation Code or 

19 ASHRAE Standard 90.1, as ap20 plicable; 

21 ‘‘(II) unless demonstrated not to 

22 be life-cycle cost effective for new 

23 Federal buildings and Federal build24 ings with major renovations— 
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1 ‘‘(aa) the buildings be de2 signed to achieve energy con3 sumption levels that are at least 

4 30 percent below the levels estab5 lished in the version of the 

6 ASHRAE Standard or the Inter7 national Energy Conservation 

8 Code, as appropriate, that is ap9 plied under subclause (I)(aa), in10 cluding updates under subpara11 graph (B); and 

12 ‘‘(bb) sustainable design 

13 principles are applied to the loca14 tion, siting, design, and construc15 tion of all new Federal buildings 

16 and replacement Federal build17 ings; 

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

19 energy efficiency, water conservation 

20 technologies shall be applied to the ex21 tent that the technologies are life22 cycle cost effective; and 

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

24 as compared to other reasonably avail25 able technologies, not less than 30 
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1 percent of the hot water demand for 

2 each new Federal building or Federal 

3 building undergoing a major renova4 tion be met through the installation 

5 and use of solar hot water heaters. 

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

7 not apply to unaltered portions of existing 

8 Federal buildings and systems that have 

9 been added to or altered. 

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

11 after the date of approval of each subsequent 

12 revision of the ASHRAE Standard or the Inter13 national Energy Conservation Code, as appro14 priate, the Secretary shall determine whether 

15 the revised standards established under sub16 paragraph (A) should be updated to reflect the 

17 revisions, based on the energy savings and life18 cycle cost-effectiveness of the revisions.’’; and 

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

20 the budget request’’ and inserting the following: 

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

22 request’’. 

23 SEC. 1017. CODIFICATION OF EXECUTIVE ORDER. 

24 Beginning in fiscal year 2016 and each fiscal year 

25 thereafter through fiscal year 2025, the head of each Fed-
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1 eral agency shall, unless otherwise specified and where 

2 life-cycle cost-effective, promote building energy conserva3 tion, efficiency, and management by reducing, in Federal 

4 buildings of the agency, building energy intensity, as 

5 measured in British thermal units per gross square foot, 

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

7 of the building energy use of the applicable Federal build8 ings in fiscal year 2015 and after taking into account the 

9 progress of the Federal agency in preceding fiscal years. 

10 SEC. 1018. CERTIFICATION FOR GREEN BUILDINGS. 

11 Section 305 of the Energy Conservation and Produc12 tion Act (42 U.S.C. 6834) (as amended by sections 1015 

13 and 1016(b)) is amended— 

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

15 the following: 

16 ‘‘(D) CERTIFICATION FOR GREEN BUILD17 INGS.— 

18 ‘‘(i) SUSTAINABLE DESIGN PRIN19 CIPLES.—Sustainable design principles 

20 shall be applied to the siting, design, and 

21 construction of buildings covered by this 

22 subparagraph. 

23 ‘‘(ii) SELECTION OF CERTIFICATION

24 SYSTEMS.—The Secretary, after reviewing 

25 the findings of the Federal Director under 
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1 section 436(h) of the Energy Independence 

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

3 17092(h)), in consultation with the Admin4 istrator of General Services, and in con5 sultation with the Secretary of Defense re6 lating to those facilities under the custody 

7 and control of the Department of Defense, 

8 shall determine those certification systems 

9 for green commercial and residential build10 ings that the Secretary determines to be 

11 the most likely to encourage a comprehen12 sive and environmentally sound approach 

13 to certification of green buildings. 

14 ‘‘(iii) BASIS FOR SELECTION.—The 

15 determination of the certification systems 

16 under clause (ii) shall be based on ongoing 

17 review of the findings of the Federal Direc18 tor under section 436(h) of the Energy 

19 Independence and Security Act of 2007 

20 (42 U.S.C. 17092(h)) and the criteria de21 scribed in clause (v). 

22 ‘‘(iv) ADMINISTRATION.—In deter23 mining certification systems under this 

24 subparagraph, the Secretary shall— 
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1 ‘‘(I) make a separate determina2 tion for all or part of each system; 

3 ‘‘(II) confirm that the criteria 

4 used to support the selection of build5 ing products, materials, brands, and 

6 technologies— 

7 ‘‘(aa) are fair and neutral 

8 (meaning that the criteria are 

9 based on an objective assessment 

10 of relevant technical data); 

11 ‘‘(bb) do not prohibit, dis12 favor, or discriminate against se13 lection based on technically inad14 equate information to inform 

15 human or environmental risk; 

16 and 

17 ‘‘(cc) are expressed to prefer 

18 performance measures whenever 

19 performance measures may rea20 sonably be used in lieu of pre21 scriptive measures; and 

22 ‘‘(III) use environmental and 

23 health criteria that are based on risk 

24 assessment methodology that is gen-
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1 erally accepted by the applicable sci2 entific disciplines. 

3 ‘‘(v) CONSIDERATIONS.—In deter4 mining the green building certification sys5 tems under this subparagraph, the Sec6 retary shall take into consideration— 

7 ‘‘(I) the ability and availability of 

8 assessors and auditors to independ9 ently verify the criteria and measure10 ment of metrics at the scale necessary 

11 to implement this subparagraph; 

12 ‘‘(II) the ability of the applicable 

13 certification organization to collect 

14 and reflect public comment; 

15 ‘‘(III) the ability of the standard 

16 to be developed and revised through a 

17 consensus-based process; 

18 ‘‘(IV) an evaluation of the 

19 robustness of the criteria for a high20 performance green building, which 

21 shall give credit for promoting— 

22 ‘‘(aa) efficient and sustain23 able use of water, energy, and 

24 other natural resources; 
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1 ‘‘(bb) the use of renewable 

2 energy sources; 

3 ‘‘(cc) improved indoor envi4 ronmental quality through en5 hanced indoor air quality, ther6 mal comfort, acoustics, day light7 ing, pollutant source control, and 

8 use of low-emission materials and 

9 building system controls; and 

10 ‘‘(dd) such other criteria as 

11 the Secretary determines to be 

12 appropriate; and 

13 ‘‘(V) national recognition within 

14 the building industry. 

15 ‘‘(vi) REVIEW.—The Secretary, in 

16 consultation with the Administrator of 

17 General Services and the Secretary of De18 fense, shall conduct an ongoing review to 

19 evaluate and compare private sector green 

20 building certification systems, taking into 

21 account— 

22 ‘‘(I) the criteria described in 

23 clause (v); and 

24 ‘‘(II) the identification made by 

25 the Federal Director under section 
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1 436(h) of the Energy Independence 

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

3 17092(h)). 

4 ‘‘(vii) EXCLUSIONS.— 

5 ‘‘(I) IN GENERAL.—Subject to 

6 subclause (II), if a certification sys7 tem fails to meet the review require8 ments of clause (v), the Secretary 

9 shall— 

10 ‘‘(aa) identify the portions 

11 of the system, whether pre12 requisites, credits, points, or oth13 erwise, that meet the review cri14 teria of clause (v); 

15 ‘‘(bb) determine the portions 

16 of the system that are suitable 

17 for use; and 

18 ‘‘(cc) exclude all other por19 tions of the system from identi20 fication and use. 

21 ‘‘(II) ENTIRE SYSTEMS.—The 

22 Secretary shall exclude an entire sys23 tem from use if an exclusion under 

24 subclause (I)— 
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1 ‘‘(aa) impedes the integrated 

2 use of the system; 

3 ‘‘(bb) creates disparate re4 view criteria or unequal point ac5 cess for competing materials; or 

6 ‘‘(cc) increases agency costs 

7 of the use. 

8 ‘‘(viii) INTERNAL CERTIFICATION

9 PROCESSES.—The Secretary may by rule 

10 allow Federal agencies to develop internal 

11 certification processes, using certified pro12 fessionals, in lieu of certification by certifi13 cation entities identified under clause (ii). 

14 ‘‘(ix) PRIVATIZED MILITARY HOUS15 ING.—With respect to privatized military 

16 housing, the Secretary of Defense, after 

17 consultation with the Secretary may, 

18 through rulemaking, develop alternative 

19 certification systems and levels than the 

20 systems and levels identified under clause 

21 (ii) that achieve an equivalent result in 

22 terms of energy savings, sustainable de23 sign, and green building performance. 

24 ‘‘(x) WATER CONSERVATION TECH25 NOLOGIES.—In addition to any use of 
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1 water conservation technologies otherwise 

2 required by this section, water conservation 

3 technologies shall be applied to the extent 

4 that the technologies are life-cycle cost-ef5 fective. 

6 ‘‘(xi) EFFECTIVE DATE.— 

7 ‘‘(I) DETERMINATIONS MADE

8 AFTER DECEMBER 31, 2015.—This 

9 subparagraph shall apply to any de10 termination made by a Federal agency 

11 after December 31, 2015. 

12 ‘‘(II) DETERMINATIONS MADE ON

13 OR BEFORE DECEMBER 31, 2015.— 

14 This subparagraph (as in effect on the 

15 day before the date of enactment of 

16 the Energy Policy Modernization Act 

17 of 2016) shall apply to any use of a 

18 certification system for green commer19 cial and residential buildings by a 

20 Federal agency on or before December 

21 31, 2015.’’; and 

22 (2) by striking subsections (c) and (d) and in23 serting the following: 

24 ‘‘(c) PERIODIC REVIEW.—The Secretary shall— 
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1 ‘‘(1) once every 5 years, review the Federal 

2 building energy standards established under this sec3 tion; and 

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

5 (1), if the Secretary determines that significant en6 ergy savings would result, upgrade the standards to 

7 include all new energy efficiency and renewable en8 ergy measures that are technologically feasible and 

9 economically justified.’’. 

10 SEC. 1019. HIGH PERFORMANCE GREEN FEDERAL BUILD11 INGS. 

12 Section 436(h) of the Energy Independence and Se13 curity Act of 2007 (42 U.S.C. 17092(h)) is amended— 

14 (1) in the subsection heading, by striking ‘‘SYS15 TEM’’ and inserting ‘‘SYSTEMS’’; 

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

17 following: 

18 ‘‘(1) IN GENERAL.—Based on an ongoing re19 view, the Federal Director shall identify and shall 

20 provide to the Secretary pursuant to section 

21 305(a)(3)(D) of the Energy Conservation and Pro22 duction Act (42 U.S.C. 6834(a)(3)(D)), a list of 

23 those certification systems that the Director identi24 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 grown, harvested, or mined materials, the 

3 system does not discriminate against the use of 

4 domestic products that have obtained certifi5 cations of responsible sourcing; and 

6 ‘‘(H) a finding that the system incor7 porates life-cycle assessment as a credit path8 way.’’. 

9 SEC. 1020. EVALUATION OF POTENTIALLY DUPLICATIVE 

10 GREEN BUILDING PROGRAMS. 

11 (a) DEFINITIONS.—In this section: 

12 (1) ADMINISTRATIVE EXPENSES.— 

13 (A) IN GENERAL.—The term ‘‘administra14 tive expenses’’ has the meaning given the term 

15 by the Director of the Office of Management 

16 and Budget under section 504(b)(2) of the En17 ergy and Water Development and Related 

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

19 1105 note; Public Law 111–85). 

20 (B) INCLUSIONS.—The term ‘‘administra21 tive expenses’’ includes, with respect to an 

22 agency— 

23 (i) costs incurred by— 

24 (I) the agency; or 
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1 (II) any grantee, subgrantee, or 

2 other recipient of funds from a grant 

3 program or other program adminis4 tered by the agency; and 

5 (ii) expenses relating to personnel sal6 aries and benefits, property management, 

7 travel, program management, promotion, 

8 reviews and audits, case management, and 

9 communication regarding, promotion of, 

10 and outreach for programs and program 

11 activities administered by the agency. 

12 (2) APPLICABLE PROGRAM.—The term ‘‘appli13 cable program’’ means any program that is— 

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

15 the report of the Government Accountability 

16 Office entitled ‘‘2012 Annual Report: Opportu17 nities to Reduce Duplication, Overlap and 

18 Fragmentation, Achieve Savings, and Enhance 

19 Revenue’’; and 

20 (B) administered by— 

21 (i) the Secretary; 

22 (ii) the Secretary of Agriculture; 

23 (iii) the Secretary of Defense; 

24 (iv) the Secretary of Education; 
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1 (v) the Secretary of Health and 

2 Human Services; 

3 (vi) the Secretary of Housing and 

4 Urban Development; 

5 (vii) the Secretary of Transportation; 

6 (viii) the Secretary of the Treasury; 

7 (ix) the Administrator of the Environ8 mental Protection Agency; 

9 (x) the Director of the National Insti10 tute of Standards and Technology; or 

11 (xi) the Administrator of the Small 

12 Business Administration. 

13 (3) SERVICE.— 

14 (A) IN GENERAL.—Subject to subpara15 graph (B), the term ‘‘service’’ has the meaning 

16 given the term by the Director of the Office of 

17 Management and Budget. 

18 (B) REQUIREMENTS.—For purposes of 

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

20 limited to activities, assistance, or other aid 

21 that provides a direct benefit to a recipient, 

22 such as— 

23 (i) the provision of technical assist24 ance; 
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1 (ii) assistance for housing or tuition; 

2 or 

3 (iii) financial support (including 

4 grants, loans, tax credits, and tax deduc5 tions). 

6 (b) REPORT.— 

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

8 2017, the Secretary, in consultation with the agency 

9 heads described in clauses (ii) through (xi) of sub10 section (a)(2)(B), shall submit to Congress and 

11 make available on the public Internet website of the 

12 Department a report that describes the applicable 

13 programs. 

14 (2) REQUIREMENTS.—In preparing the report 

15 under paragraph (1), the Secretary shall— 

16 (A) determine the approximate annual 

17 total administrative expenses of each applicable 

18 program attributable to green buildings; 

19 (B) determine the approximate annual ex20 penditures for services for each applicable pro21 gram attributable to green buildings; 

22 (C) describe the intended market for each 

23 applicable program attributable to green build24 ings, including the— 
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1 (i) estimated the number of clients 

2 served by each applicable program; and 

3 (ii) beneficiaries who received services 

4 or information under the applicable pro5 gram (if applicable and if data is readily 

6 available); 

7 (D) estimate— 

8 (i) the number of full-time employees 

9 who administer activities attributable to 

10 green buildings for each applicable pro11 gram; and 

12 (ii) the number of full-time equiva13 lents (the salary of whom is paid in part 

14 or full by the Federal Government through 

15 a grant or contract, a subaward of a grant 

16 or contract, a cooperative agreement, or 

17 another form of financial award or assist18 ance) who assist in administering activities 

19 attributable to green buildings for the ap20 plicable program; 

21 (E) briefly describe the type of services 

22 each applicable program provides attributable 

23 to green buildings, such as information, grants, 

24 technical assistance, loans, tax credits, or tax 

25 deductions; 
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1 (F) identify the type of recipient who is in2 tended to benefit from the services or informa3 tion provided under the applicable program at4 tributable to green buildings, such as individual 

5 property owners or renters, local governments, 

6 businesses, nonprofit organizations, or State 

7 governments; and 

8 (G) identify whether written program goals 

9 are available for each applicable program. 

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

11 2017, the Secretary, in consultation with the agency heads 

12 described in clauses (ii) through (xi) of subsection 

13 (a)(2)(B), shall submit to Congress a report that in14 cludes— 

15 (1) a recommendation of whether any applicable 

16 program should be eliminated or consolidated, in17 cluding any legislative changes that would be nec18 essary to eliminate or consolidate applicable pro19 grams; and 

20 (2) methods to improve the applicable programs 

21 by establishing program goals or increasing collabo22 ration to reduce any potential overlap or duplication, 

23 taking into account— 

24 (A) the 2011 report of the Government Ac25 countability Office entitled ‘‘Federal Initiatives 
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1 for the Nonfederal Sector Could Benefit from 

2 More Interagency Collaboration’’; and 

3 (B) the report of the Government Account4 ability Office entitled ‘‘2012 Annual Report: 

5 Opportunities to Reduce Duplication, Overlap 

6 and Fragmentation, Achieve Savings, and En7 hance Revenue’’. 

8 (d) ANALYSES.—Not later than January 1, 2017, the 

9 Secretary, in consultation with the agency heads described 

10 in clauses (ii) through (xi) of subsection (a)(2)(B), shall 

11 identify— 

12 (1) which applicable programs were specifically 

13 authorized by Congress; and 

14 (2) which applicable programs are carried out 

15 solely under the discretionary authority of the Sec16 retary or any agency head described in clauses (ii) 

17 through (xi) of subsection (a)(2)(B). 

18 SEC. 1021. STUDY AND REPORT ON ENERGY SAVINGS BENE19 FITS OF OPERATIONAL EFFICIENCY PRO20 GRAMS AND SERVICES. 

21 (a) DEFINITION OF OPERATIONAL EFFICIENCY PRO22 GRAMS AND SERVICES.—In this section, the term ‘‘oper23 ational efficiency programs and services’’ means programs 

24 and services that use information and communications 

25 technologies (including computer hardware, energy effi-
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1 ciency software, and power management tools) to operate 

2 buildings and equipment in the optimum manner at the 

3 optimum times. 

4 (b) STUDY AND REPORT.—Not later than 1 year 

5 after the date of enactment of this Act, the Secretary shall 

6 conduct a study and issue a report that quantifies the po7 tential energy savings of operational efficiency programs 

8 and services for commercial, institutional, industrial, and 

9 governmental entities, including Federal agencies. 

10 (c) MEASUREMENT AND VERIFICATION OF ENERGY

11 SAVINGS.—The report required under this section shall in12 clude potential methodologies or protocols for utilities, 

13 utility regulators, and Federal agencies to evaluate, meas14 ure, and verify energy savings from operational efficiency 

15 programs and services. 

16 SEC. 1022. USE OF FEDERAL DISASTER RELIEF AND EMER17 GENCY ASSISTANCE FOR ENERGY-EFFICIENT 

18 PRODUCTS AND STRUCTURES. 

19 (a) IN GENERAL.—Title III of the Robert T. Stafford 

20 Disaster Relief and Emergency Assistance Act (42 U.S.C. 

21 5141 et seq.) is amended by adding at the end the fol22 lowing: 

23 ‘‘SEC. 327. USE OF ASSISTANCE FOR ENERGY-EFFICIENT 

24 PRODUCTS AND STRUCTURES. 

25 ‘‘(a) DEFINITIONS.—In this section— 
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1 ‘‘(1) the term ‘energy-efficient product’ means a 

2 product that— 

3 ‘‘(A) meets or exceeds the requirements for 

4 designation under an Energy Star program es5 tablished under section 324A of the Energy 

6 Policy and Conservation Act (42 U.S.C. 

7 6294a); or 

8 ‘‘(B) meets or exceeds the requirements for 

9 designation as being among the highest 25 per10 cent of equivalent products for energy efficiency 

11 under the Federal Energy Management Pro12 gram; and 

13 ‘‘(2) the term ‘energy-efficient structure’ means 

14 a residential structure, a public facility, or a private 

15 nonprofit facility that meets or exceeds the require16 ments of Standard 90.1–2013 of the American Soci17 ety of Heating, Refrigerating and Air-Conditioning 

18 Engineers or the 2015 International Energy Con19 servation Code, or any successor thereto. 

20 ‘‘(b) USE OF ASSISTANCE.—A recipient of assistance 

21 relating to a major disaster or emergency may use the as22 sistance to replace or repair a damaged product or struc23 ture with an energy-efficient product or energy-efficient 

24 structure.’’. 
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1 (b) APPLICABILITY.—The amendment made by this 

2 section shall apply to assistance made available under the 

3 Robert T. Stafford Disaster Relief and Emergency Assist4 ance Act (42 U.S.C. 5121 et seq.) before, on, or after the 

5 date of enactment of this Act that is expended on or after 

6 the date of enactment of this Act. 

7 SEC. 1023. WATERSENSE. 

8 (a) IN GENERAL.—Part B of title III of the Energy 

9 Policy and Conservation Act is amended by adding after 

10 section 324A (42 U.S.C. 6294a) the following: 

11 ‘‘SEC. 324B. WATERSENSE. 

12 ‘‘(a) ESTABLISHMENT OF WATERSENSE PRO13 GRAM.— 

14 ‘‘(1) IN GENERAL.—There is established within 

15 the Environmental Protection Agency a voluntary 

16 WaterSense program to identify and promote water17 efficient products, buildings, landscapes, facilities, 

18 processes, and services that, through voluntary label19 ing of, or other forms of communications regarding, 

20 products, buildings, landscapes, facilities, processes, 

21 and services while meeting strict performance cri22 teria, sensibly— 

23 ‘‘(A) reduce water use; 
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1 ‘‘(B) reduce the strain on public and com2 munity water systems and wastewater and 

3 stormwater infrastructure; 

4 ‘‘(C) conserve energy used to pump, heat, 

5 transport, and treat water; and 

6 ‘‘(D) preserve water resources for future 

7 generations. 

8 ‘‘(2) INCLUSIONS.—The Administrator of the 

9 Environmental Protection Agency (referred to in 

10 this section as the ‘Administrator’) shall, consistent 

11 with this section, identify water-efficient products, 

12 buildings, landscapes, facilities, processes, and serv13 ices, including categories such as— 

14 ‘‘(A) irrigation technologies and services; 

15 ‘‘(B) point-of-use water treatment devices; 

16 ‘‘(C) plumbing products; 

17 ‘‘(D) reuse and recycling technologies; 

18 ‘‘(E) landscaping and gardening products, 

19 including moisture control or water enhancing 

20 technologies; 

21 ‘‘(F) xeriscaping and other landscape con22 versions that reduce water use; 

23 ‘‘(G) whole house humidifiers; and 

24 ‘‘(H) water-efficient buildings or facilities. 
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1 ‘‘(b) DUTIES.—The Administrator, coordinating as 

2 appropriate with the Secretary, shall— 

3 ‘‘(1) establish— 

4 ‘‘(A) a WaterSense label to be used for 

5 items meeting the certification criteria estab6 lished in accordance with this section; and 

7 ‘‘(B) the procedure, including the methods 

8 and means, and criteria by which an item may 

9 be certified to display the WaterSense label; 

10 ‘‘(2) enhance public awareness regarding the 

11 WaterSense label through outreach, education, and 

12 other means; 

13 ‘‘(3) preserve the integrity of the WaterSense 

14 label by— 

15 ‘‘(A) establishing and maintaining feasible 

16 performance criteria so that products, build17 ings, landscapes, facilities, processes, and serv18 ices labeled with the WaterSense label perform 

19 as well or better than less water-efficient coun20 terparts; 

21 ‘‘(B) overseeing WaterSense certifications 

22 made by third parties; 

23 ‘‘(C) as determined appropriate by the Ad24 ministrator, using testing protocols, from the 

25 appropriate, applicable, and relevant consensus 
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1 standards, for the purpose of determining 

2 standards compliance; and 

3 ‘‘(D) auditing the use of the WaterSense 

4 label in the marketplace and preventing cases of 

5 misuse; and 

6 ‘‘(4) not more often than 6 years after adoption 

7 or major revision of any WaterSense specification, 

8 review and, if appropriate, revise the specification to 

9 achieve additional water savings; 

10 ‘‘(5) in revising a WaterSense specification— 

11 ‘‘(A) provide reasonable notice to inter12 ested parties and the public of any changes, in13 cluding effective dates, and an explanation of 

14 the changes; 

15 ‘‘(B) solicit comments from interested par16 ties and the public prior to any changes; 

17 ‘‘(C) as appropriate, respond to comments 

18 submitted by interested parties and the public; 

19 and 

20 ‘‘(D) provide an appropriate transition 

21 time prior to the applicable effective date of any 

22 changes, taking into account the timing nec23 essary for the manufacture, marketing, train24 ing, and distribution of the specific water-effi-
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1 cient product, building, landscape, process, or 

2 service category being addressed; and 

3 ‘‘(6) not later than December 31, 2018, con4 sider for review and revision any WaterSense speci5 fication adopted before January 1, 2012. 

6 ‘‘(c) TRANSPARENCY.—The Administrator shall, to 

7 the maximum extent practicable and not less than annu8 ally, regularly estimate and make available to the public 

9 the production and relative market shares and savings of 

10 water, energy, and capital costs of water, wastewater, and 

11 stormwater attributable to the use of WaterSense-labeled 

12 products, buildings, landscapes, facilities, processes, and 

13 services. 

14 ‘‘(d) DISTINCTION OF AUTHORITIES.—In setting or 

15 maintaining specifications for Energy Star pursuant to 

16 section 324A, and WaterSense under this section, the Sec17 retary and Administrator shall coordinate to prevent du18 plicative or conflicting requirements among the respective 

19 programs. 

20 ‘‘(e) NO WARRANTY.—A WaterSense label shall not 

21 create an express or implied warranty.’’. 

22 (b) CONFORMING AMENDMENT.—The table of con23 tents for the Energy Policy and Conservation Act (42 

24 U.S.C. prec. 6201) is amended by inserting after the item 

25 relating to section 324A the following: 

‘‘Sec. 324B. WaterSense.’’. 
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1 Subtitle B—Appliances 

2 SEC. 1101. EXTENDED PRODUCT SYSTEM REBATE PRO3 GRAM. 

4 (a) DEFINITIONS.—In this section: 

5 (1) ELECTRIC MOTOR.—The term ‘‘electric 

6 motor’’ has the meaning given the term in section 

7 431.12 of title 10, Code of Federal Regulations (as 

8 in effect on the date of enactment of this Act). 

9 (2) ELECTRONIC CONTROL.—The term ‘‘elec10 tronic control’’ means— 

11 (A) a power converter; or 

12 (B) a combination of a power circuit and 

13 control circuit included on 1 chassis. 

14 (3) EXTENDED PRODUCT SYSTEM.—The term 

15 ‘‘extended product system’’ means an electric motor 

16 and any required associated electronic control and 

17 driven load that— 

18 (A) offers variable speed or multispeed op19 eration; 

20 (B) offers partial load control that reduces 

21 input energy requirements (as measured in kilo22 watt-hours) as compared to identified base lev23 els set by the Secretary; and 

24 (C)(i) has greater than 1 horsepower; and 
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1 (ii) uses an extended product system tech2 nology, as determined by the Secretary. 

3 (4) QUALIFIED EXTENDED PRODUCT SYS4 TEM.— 

5 (A) IN GENERAL.—The term ‘‘qualified ex6 tended product system’’ means an extended 

7 product system that— 

8 (i) includes an electric motor and an 

9 electronic control; and 

10 (ii) reduces the input energy (as 

11 measured in kilowatt-hours) required to 

12 operate the extended product system by 

13 not less than 5 percent, as compared to 

14 identified base levels set by the Secretary. 

15 (B) INCLUSIONS.—The term ‘‘qualified ex16 tended product system’’ includes commercial or 

17 industrial machinery or equipment that— 

18 (i)(I) did not previously make use of 

19 the extended product system prior to the 

20 redesign described in subclause (II); and 

21 (II) incorporates an extended product 

22 system that has greater than 1 horsepower 

23 into redesigned machinery or equipment; 

24 and 
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1 (ii) was previously used prior to, and 

2 was placed back into service during, cal3 endar year 2016 or 2017. 

4 (b) ESTABLISHMENT.—Not later than 180 days after 

5 the date of enactment of this Act, the Secretary shall es6 tablish a program to provide rebates for expenditures 

7 made by qualified entities for the purchase or installation 

8 of a qualified extended product system. 

9 (c) QUALIFIED ENTITIES.— 

10 (1) ELIGIBILITY REQUIREMENTS.—A qualified 

11 entity under this section shall be— 

12 (A) in the case of a qualified extended 

13 product system described in subsection 

14 (a)(4)(A), the purchaser of the qualified ex15 tended product that is installed; and 

16 (B) in the case of a qualified extended 

17 product system described in subsection 

18 (a)(4)(B), the manufacturer of the commercial 

19 or industrial machinery or equipment that in20 corporated the extended product system into 

21 that machinery or equipment. 

22 (2) APPLICATION.—To be eligible to receive a 

23 rebate under this section, a qualified entity shall 

24 submit to the Secretary— 
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1 (A) an application in such form, at such 

2 time, and containing such information as the 

3 Secretary may require; and 

4 (B) a certification that includes dem5 onstrated evidence— 

6 (i) that the entity is a qualified entity; 

7 and 

8 (ii)(I) in the case of a qualified entity 

9 described in paragraph (1)(A)— 

10 (aa) that the qualified entity in11 stalled the qualified extended product 

12 system during the 2 fiscal years fol13 lowing the date of enactment of this 

14 Act; 

15 (bb) that the qualified extended 

16 product system meets the require17 ments of subsection (a)(4)(A); and 

18 (cc) showing the serial number, 

19 manufacturer, and model number 

20 from the nameplate of the installed 

21 motor of the qualified entity on which 

22 the qualified extended product system 

23 was installed; or 
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1 (II) in the case of a qualified entity 

2 described in paragraph (1)(B), dem3 onstrated evidence— 

4 (aa) that the qualified extended 

5 product system meets the require6 ments of subsection (a)(4)(B); and 

7 (bb) showing the serial number, 

8 manufacturer, and model number 

9 from the nameplate of the installed 

10 motor of the qualified entity with 

11 which the extended product system is 

12 integrated. 

13 (d) AUTHORIZED AMOUNT OF REBATE.— 

14 (1) IN GENERAL.—The Secretary may provide 

15 to a qualified entity a rebate in an amount equal to 

16 the product obtained by multiplying— 

17 (A) an amount equal to the sum of the 

18 nameplate rated horsepower of— 

19 (i) the electric motor to which the 

20 qualified extended product system is at21 tached; and 

22 (ii) the electronic control; and 

23 (B) $25. 

24 (2) MAXIMUM AGGREGATE AMOUNT.—A quali25 fied entity shall not be entitled to aggregate rebates 
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1 under this section in excess of $25,000 per calendar 

2 year. 

3 (e) AUTHORIZATION OF APPROPRIATIONS.—There is 

4 authorized to be appropriated to carry out this section 

5 $5,000,000 for each of the first 2 full fiscal years following 

6 the date of enactment of this Act, to remain available until 

7 expended. 

8 SEC. 1102. ENERGY EFFICIENT TRANSFORMER REBATE 

9 PROGRAM. 

10 (a) DEFINITIONS.—In this section: 

11 (1) QUALIFIED ENERGY EFFICIENT TRANS12 FORMER.—The term ‘‘qualified energy efficient 

13 transformer’’ means a transformer that meets or ex14 ceeds the applicable energy conservation standards 

15 described in the tables in subsection (b)(2) and 

16 paragraphs (1) and (2) of subsection (c) of section 

17 431.196 of title 10, Code of Federal Regulations (as 

18 in effect on the date of enactment of this Act). 

19 (2) QUALIFIED ENERGY INEFFICIENT TRANS20 FORMER.—The term ‘‘qualified energy inefficient 

21 transformer’’ means a transformer with an equal 

22 number of phases and capacity to a transformer de23 scribed in any of the tables in subsection (b)(2) and 

24 paragraphs (1) and (2) of subsection (c) of section 

25 431.196 of title 10, Code of Federal Regulations (as 
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1 in effect on the date of enactment of this Act) 

2 that— 

3 (A) does not meet or exceed the applicable 

4 energy conservation standards described in 

5 paragraph (1); and 

6 (B)(i) was manufactured between January 

7 1, 1985, and December 31, 2006, for a trans8 former with an equal number of phases and ca9 pacity as a transformer described in the table 

10 in subsection (b)(2) of section 431.196 of title 

11 10, Code of Federal Regulations (as in effect on 

12 the date of enactment of this Act); or 

13 (ii) was manufactured between January 1, 

14 1990, and December 31, 2009, for a trans15 former with an equal number of phases and ca16 pacity as a transformer described in the table 

17 in paragraph (1) or (2) of subsection (c) of that 

18 section (as in effect on the date of enactment 

19 of this Act). 

20 (3) QUALIFIED ENTITY.—The term ‘‘qualified 

21 entity’’ means an owner of industrial or manufac22 turing facilities, commercial buildings, or multifamily 

23 residential buildings, a utility, or an energy service 

24 company that fulfills the requirements of subsection 

25 (d). 
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1 (b) ESTABLISHMENT.—Not later than 90 days after 

2 the date of enactment of this Act, the Secretary shall es3 tablish a program to provide rebates to qualified entities 

4 for expenditures made by the qualified entity for the re5 placement of a qualified energy inefficient transformer 

6 with a qualified energy efficient transformer. 

7 (c) REQUIREMENTS.—To be eligible to receive a re8 bate under this section, an entity shall submit to the Sec9 retary an application in such form, at such time, and con10 taining such information as the Secretary may require, in11 cluding demonstrated evidence— 

12 (1) that the entity purchased a qualified energy 

13 efficient transformer; 

14 (2) of the core loss value of the qualified energy 

15 efficient transformer; 

16 (3) of the age of the qualified energy inefficient 

17 transformer being replaced; 

18 (4) of the core loss value of the qualified energy 

19 inefficient transformer being replaced— 

20 (A) as measured by a qualified professional 

21 or verified by the equipment manufacturer, as 

22 applicable; or 

23 (B) for transformers described in sub24 section (a)(2)(B)(i), as selected from a table of 
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1 default values as determined by the Secretary 

2 in consultation with applicable industry; and 

3 (5) that the qualified energy inefficient trans4 former has been permanently decommissioned and 

5 scrapped. 

6 (d) AUTHORIZED AMOUNT OF REBATE.—The 

7 amount of a rebate provided under this section shall be— 

8 (1) for a 3-phase or single-phase transformer 

9 with a capacity of not less than 10 and not greater 

10 than 2,500 kilovolt-amperes, twice the amount equal 

11 to the difference in Watts between the core loss 

12 value (as measured in accordance with paragraphs 

13 (2) and (4) of subsection (c)) of— 

14 (A) the qualified energy inefficient trans15 former; and 

16 (B) the qualified energy efficient trans17 former; or 

18 (2) for a transformer described in subsection 

19 (a)(2)(B)(i), the amount determined using a table of 

20 default rebate values by rated transformer output, 

21 as measured in kilovolt-amperes, as determined by 

22 the Secretary in consultation with applicable indus23 try. 

24 (e) AUTHORIZATION OF APPROPRIATIONS.—There is 

25 authorized to be appropriated to carry out this section 
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1 $5,000,000 for each of fiscal years 2016 and 2017, to re2 main available until expended. 

3 (f) TERMINATION OF EFFECTIVENESS.—The author4 ity provided by this section terminates on December 31, 

5 2017. 

6 SEC. 1103. STANDARDS FOR CERTAIN FURNACES. 

7 Section 325(f)(4) of the Energy Policy and Conserva8 tion Act (42 U.S.C. 6295(f)(4)) is amended by adding at 

9 the end the following: 

10 ‘‘(E) RESTRICTION ON FINAL RULE FOR

11 RESIDENTIAL NON-WEATHERIZED GAS FUR12 NACES AND MOBILE HOME FURNACES.— 

13 ‘‘(i) IN GENERAL.—Notwithstanding 

14 any other provision of this Act, the Sec15 retary shall not prescribe a final rule 

16 amending the efficiency standards for resi17 dential non-weatherized gas furnaces or 

18 mobile home furnaces until each of the fol19 lowing has occurred: 

20 ‘‘(I) The Secretary convenes a 

21 representative advisory group of inter22 ested stakeholders, including the man23 ufacturers, distributors, and contrac24 tors of residential non-weatherized gas 

25 furnaces and mobile home furnaces, 
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1 home builders, building owners, en2 ergy efficiency advocates, natural gas 

3 utilities, electric utilities, and con4 sumer groups. 

5 ‘‘(II) Not later than 1 year after 

6 the date of enactment of this subpara7 graph, the advisory group described in 

8 subclause (I) completes an analysis of 

9 a nationwide requirement of a con10 densing furnace efficiency standard 

11 including— 

12 ‘‘(aa) a complete analysis of 

13 current market trends regarding 

14 the transition of sales from non15 condensing furnaces to con16 densing furnaces; 

17 ‘‘(bb) the projected net loss 

18 in the industry of the present 

19 value of original equipment man20 ufactured after adoption of the 

21 standard; 

22 ‘‘(cc) the projected consumer 

23 payback period and life cycle cost 

24 savings after adoption of the 

25 standard; 
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1 ‘‘(dd) a determination of 

2 whether the standard is economi3 cally justified, based solely on the 

4 definition of energy under section 

5 321; and 

6 ‘‘(ee) other common eco7 nomic principles. 

8 ‘‘(III) The advisory group de9 scribed in subclause (I) reviews the 

10 analysis and determines whether a na11 tionwide requirement of a condensing 

12 furnace efficiency standard is tech13 nically feasible and economically justi14 fied. 

15 ‘‘(IV) The final determination of 

16 the advisory group under subclause 

17 (III) is published in the Federal Reg18 ister. 

19 ‘‘(ii) AMENDED STANDARDS.—If the 

20 advisory group determines under clause 

21 (i)(III) that a nationwide requirement of a 

22 condensing furnace efficiency standard is 

23 not technically feasible and economically 

24 justified, the Secretary shall, not later than 

25 180 days after the date on which the final 
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1 determination of the advisory group is pub2 lished in the Federal Register under clause 

3 (i)(IV), establish amended standards 

4 through the negotiated rulemaking proce5 dure provided for under subchapter III of 

6 chapter 5 of title 5, United States Code 

7 (commonly known as the ‘Negotiated Rule8 making Act of 1990’).’’. 

9 SEC. 1104. THIRD-PARTY CERTIFICATION UNDER ENERGY 

10 STAR PROGRAM. 

11 Section 324A of the Energy Policy and Conservation 

12 Act (42 U.S.C. 6294a) is amended by adding at the end 

13 the following: 

14 ‘‘(e) THIRD-PARTY CERTIFICATION.— 

15 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 

16 not later than 180 days after the date of enactment 

17 of this subsection, the Administrator shall revise the 

18 certification requirements for the labeling of con19 sumer, home, and office electronic products for pro20 gram partners that have complied with all require21 ments of the Energy Star program for a period of 

22 at least 18 months. 

23 ‘‘(2) ADMINISTRATION.—In the case of a pro24 gram partner described in paragraph (1), the new 

25 requirements under paragraph (1)— 
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1 ‘‘(A) shall not require third-party certifi2 cation for a product to be listed; but 

3 ‘‘(B) may require that test data and other 

4 product information be submitted to facilitate 

5 product listing and performance verification for 

6 a sample of products. 

7 ‘‘(3) THIRD PARTIES.—Nothing in this sub8 section prevents the Administrator from using third 

9 parties in the course of the administration of the 

10 Energy Star program. 

11 ‘‘(4) TERMINATION.— 

12 ‘‘(A) IN GENERAL.—Subject to subpara13 graph (B), an exemption from third-party cer14 tification provided to a program partner under 

15 paragraph (1) shall terminate if the program 

16 partner is found to have violated program re17 quirements with respect to at least 2 separate 

18 models during a 2-year period. 

19 ‘‘(B) RESUMPTION.—A termination for a 

20 program partner under subparagraph (A) shall 

21 cease if the program partner complies with all 

22 Energy Star program requirements for a period 

23 of at least 3 years.’’. 
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1 SEC. 1105. ENERGY CONSERVATION STANDARDS FOR COM2 MERCIAL REFRIGERATION EQUIPMENT. 

3 (a) DEADLINE.—The requirements of the final rule 

4 entitled ‘‘Energy Conservation Program: Energy Con5 servation Standards for Commercial Refrigeration Equip6 ment’’ (79 Fed. Reg. 17725 (March 28, 2014)), shall take 

7 effect on January 1, 2020, for equipment covered by the 

8 final rule that— 

9 (1) uses natural refrigerants with a global 

10 warming potential of 10 or less that are approved 

11 for use by the Environmental Protection Agency 

12 under the Significant New Alternatives Program; 

13 (2) is within 1 of the following product cat14 egories: 

15 (A) VCT.SC.M vertical cooler with trans16 parent door self contained medium temperature; 

17 or 

18 (B) HCT.SC.M horizontal cooler with 

19 transparent door self contained medium tem20 perature; and 

21 (3) uses not more than 115 percent of the en22 ergy use allowed by applicable standards under En23 ergy Star 3.0. 

24 (b) FUTURE RULEMAKINGS.—Nothing in this section 

25 changes the criteria to be considered during future 

26 rulemakings undertaken by the Department under title III 
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1 of the Energy Policy and Conservation Act (42 U.S.C. 

2 6291 et seq.). 

3 (c) REVIEW.—Notwithstanding subsection (a), the 

4 next review required under section 342(c)(6)(B) of the 

5 Energy Policy and Conservation Act (42 U.S.C. 

6 6313(c)(6)(B)) shall be conducted based on an effective 

7 date of March 27, 2017. 

8 SEC. 1106. VOLUNTARY VERIFICATION PROGRAMS FOR AIR 

9 CONDITIONING, FURNACE, BOILER, HEAT 

10 PUMP, AND WATER HEATER PRODUCTS. 

11 Section 326(b) of the Energy Policy and Conserva12 tion Act (42 U.S.C. 6296(b)) is amended by adding at 

13 the end the following: 

14 ‘‘(6) VOLUNTARY VERIFICATION PROGRAMS FOR

15 AIR CONDITIONING, FURNACE, BOILER, HEAT PUMP, 

16 AND WATER HEATER PRODUCTS.— 

17 ‘‘(A) RELIANCE ON VOLUNTARY PRO18 GRAMS.—For the purpose of periodic testing to 

19 verify compliance with energy conservation 

20 standards and Energy Star specifications estab21 lished under sections 324A, 325, and 342 for 

22 covered products described in paragraphs (3), 

23 (4), (5), (9), and (11) of section 322(a) and 

24 covered equipment described in subparagraphs 

25 (B), (C), (D), (F), (I), (J), and (K) of section 
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1 340(1), the Secretary and the Administrator of 

2 the Environmental Protection Agency shall rely 

3 on testing conducted by voluntary verification 

4 programs that are recognized by the Secretary 

5 in accordance with subparagraph (B). 

6 ‘‘(B) RECOGNITION OF VOLUNTARY

7 VERIFICATION PROGRAMS.— 

8 ‘‘(i) IN GENERAL.—Not later than 

9 180 days after the date of enactment of 

10 this paragraph, the Secretary shall initiate 

11 a negotiated rulemaking in accordance 

12 with subchapter III of chapter 5 of title 5, 

13 United States Code (commonly known as 

14 the ‘Negotiated Rulemaking Act of 1990’) 

15 to develop criteria that have consensus 

16 support for achieving recognition by the 

17 Secretary as an approved voluntary 

18 verification program. 

19 ‘‘(ii) MINIMUM REQUIREMENTS.—The 

20 criteria developed under clause (i) shall, at 

21 a minimum, ensure that the voluntary 

22 verification program— 

23 ‘‘(I) is nationally recognized; 
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1 ‘‘(II) is operated by a third party 

2 and not directly operated by a pro3 gram participant; 

4 ‘‘(III) satisfies any applicable ele5 ments of— 

6 ‘‘(aa) International Organi7 zation for Standardization stand8 ard numbered 17025; and 

9 ‘‘(bb) any other relevant 

10 International Organization for 

11 Standardization standards identi12 fied and agreed to through the 

13 negotiated rulemaking under 

14 clause (i); 

15 ‘‘(IV) at least annually tests 

16 independently obtained products fol17 lowing the test procedures established 

18 under this title to verify the certified 

19 rating of a representative sample of 

20 products and equipment within the 

21 scope of the program; 

22 ‘‘(V) maintains a publicly avail23 able list of all ratings of products sub24 ject to verification; 
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1 ‘‘(VI) requires the changing of 

2 the performance rating or removal of 

3 the product or equipment from the 

4 program if testing determines that the 

5 performance rating does not meet the 

6 levels the manufacturer has certified 

7 to the Secretary; 

8 ‘‘(VII) requires new program 

9 participants to substantiate ratings 

10 through test data generated in accord11 ance with DOE regulations; 

12 ‘‘(VIII) allows for challenge test13 ing of products and equipment within 

14 the scope of the program; 

15 ‘‘(IX) requires program partici16 pants to disclose the performance rat17 ing of all covered products and equip18 ment within the scope of the program 

19 for the covered product or equipment; 

20 ‘‘(X) provides to the Secretary— 

21 ‘‘(aa) an annual report of all 

22 test results, the contents of which 

23 shall be determined through the 

24 negotiated rulemaking process 

25 under clause (i); and 
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1 ‘‘(bb) test reports, on the re2 quest of the Secretary or the Ad3 ministrator of the Environmental 

4 Protection Agency, that note any 

5 instructions specified by the man6 ufacturer or the representative of 

7 the manufacturer for the purpose 

8 of conducting the verification 

9 testing, to be exempted from dis10 closure to the extent provided 

11 under section 552(b)(4) of title 

12 5, United States Code (commonly 

13 known as the ‘Freedom of Infor14 mation Act’); and 

15 ‘‘(XI) satisfies any additional re16 quirements or standards that the Sec17 retary and Administrator of the Envi18 ronmental Protection Agency shall es19 tablish consistent with this subpara20 graph. 

21 ‘‘(iii) FINDING REQUIRED FOR CES22 SATION OF RECOGNITION.—The Secretary 

23 may only cease recognition of a voluntary 

24 verification program as an approved pro25 gram described in subparagraph (A) on a 
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1 finding that the program is not meeting its 

2 obligations for compliance through pro3 gram review criteria established under this 

4 subparagraph. 

5 ‘‘(iv) REVISIONS.— 

6 ‘‘(I) IN GENERAL.—Major revi7 sions to voluntary verification pro8 gram criteria established under this 

9 subparagraph shall only be made pur10 suant to a subsequent negotiated rule11 making in accordance with subchapter 

12 III of chapter 5 of title 5, United 

13 States Code (commonly known as the 

14 ‘Negotiated Rulemaking Act of 

15 1990’). 

16 ‘‘(II) NONMAJOR REVISIONS.— 

17 ‘‘(aa) IN GENERAL.—The 

18 Secretary may make all other 

19 nonmajor criteria revisions by 

20 initiating a direct final rule in ac21 cordance with section 

22 553(b)(3)(B) of title 5, United 

23 States Code, on a determination 

24 published in the Federal Register 

25 that revisions to the criteria are 
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1 necessary and that substantive 

2 opposition to the proposed revi3 sions is not expected. 

4 ‘‘(bb) CONDITIONS FOR EF5 FECTIVENESS.—If the Secretary 

6 does not receive adversarial com7 ments with respect to the deter8 mination published under item 

9 (aa) during the 30-day-period fol10 lowing publication of that deter11 mination in the Federal Register, 

12 the direct final rule shall have 

13 the force and effect of law. 

14 ‘‘(cc) WITHDRAWAL OF

15 FINAL RULE.—Receipt of any ad16 versarial comment with respect to 

17 the determination published 

18 under item (aa) shall require the 

19 Secretary to withdraw the direct 

20 final rule and publish— 

21 ‘‘(AA) a notice of pro22 posed rulemaking pursuant 

23 to section 553 of title 5, 

24 United States Code; or 
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1 ‘‘(BB) a notice of pro2 posed rulemaking pursuant 

3 to section 553 of title 5, 

4 United States Code, that in5 cludes a determination that 

6 revisions to the criteria are 

7 necessary. 

8 ‘‘(C) ADMINISTRATION.— 

9 ‘‘(i) IN GENERAL.—The Secretary and 

10 the Administrator of the Environmental 

11 Protection Agency shall not require— 

12 ‘‘(I) manufacturers to participate 

13 in a voluntary verification program 

14 described in subparagraph (A); or 

15 ‘‘(II) participating manufacturers 

16 to provide information that has al17 ready been provided to the Secretary 

18 or the Administrator. 

19 ‘‘(ii) LIST OF COVERED PRODUCTS.— 

20 The Secretary or the Administrator of the 

21 Environmental Protection Agency may 

22 maintain a publicly available list of covered 

23 products and equipment that distinguishes 

24 between products that are, and are not 

25 covered products and equipment verified 
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1 through a voluntary verification program 

2 described in subparagraph (A); 

3 ‘‘(iii) PERIODIC VERIFICATION TEST4 ING.— 

5 ‘‘(I) IN GENERAL.—The Sec6 retary— 

7 ‘‘(aa) shall not subject prod8 ucts or equipment that have been 

9 verification tested under a vol10 untary verification program de11 scribed in subparagraph (A) to 

12 periodic verification testing that 

13 verifies the accuracy of the cer14 tified performance rating of the 

15 products or equipment; but 

16 ‘‘(bb) may test products or 

17 equipment described in subclause 

18 (I) if the testing is necessary— 

19 ‘‘(AA) to assess the 

20 overall performance of a vol21 untary verification program; 

22 ‘‘(BB) to address spe23 cific performance issues; 
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1 ‘‘(CC) for use in updat2 ing test procedures and 

3 standards; or 

4 ‘‘(DD) for other pur5 poses consistent with this 

6 title. 

7 ‘‘(II) ADDITIONAL TESTING.— 

8 The Secretary may subject products 

9 or equipment described in subclause 

10 (I) to periodic verification testing out11 side the restrictions of subclause 

12 (I)(bb), if agreed to during the rule13 making described in subparagraph 

14 (B) 

15 ‘‘(D) EFFECT ON OTHER AUTHORITY.— 

16 Nothing in this paragraph limits the authority 

17 of the Secretary or the Administrator of the 

18 Environmental Protection Agency to enforce 

19 compliance with any law.’’. 

20 SEC. 1107. APPLICATION OF ENERGY CONSERVATION 

21 STANDARDS TO CERTAIN EXTERNAL POWER 

22 SUPPLIES. 

23 (a) DEFINITION OF EXTERNAL POWER SUPPLY.— 

24 Section 321(36)(A) of the Energy Policy and Conservation 

25 Act (42 U.S.C. 6291(36)(A)) is amended— 
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1 (1) by striking the subparagraph designation 

2 and all that follows through ‘‘The term’’ and insert3 ing the following: 

4 ‘‘(A) EXTERNAL POWER SUPPLY.— 

5 ‘‘(i) IN GENERAL.—The term’’; and 

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

7 ‘‘(ii) EXCLUSION.—The term ‘external 

8 power supply’ does not include a power 

9 supply circuit, driver, or device that is de10 signed exclusively to be connected to, and 

11 power— 

12 ‘‘(I) light-emitting diodes pro13 viding illumination; 

14 ‘‘(II) organic light-emitting di15 odes providing illumination; or 

16 ‘‘(III) ceiling fans using direct 

17 current motors.’’. 

18 (b) STANDARDS FOR LIGHTING POWER SUPPLY CIR19 CUITS.— 

20 (1) DEFINITION.—Section 340(2)(B) of the 

21 Energy Policy and Conservation Act (42 U.S.C. 

22 6311(2)(B)) is amended by striking clause (v) and 

23 inserting the following: 

24 ‘‘(v) electric lights and lighting power 

25 supply circuits;’’. 
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1 (2) ENERGY CONSERVATION STANDARD FOR

2 CERTAIN EQUIPMENT.—Section 342 of the Energy 

3 Policy and Conservation Act (42 U.S.C. 6313) is 

4 amended by adding at the end the following: 

5 ‘‘(g) LIGHTING POWER SUPPLY CIRCUITS.—If the 

6 Secretary, acting pursuant to section 341(b), includes as 

7 a covered equipment solid state lighting power supply cir8 cuits, drivers, or devices described in section 

9 321(36)(A)(ii), the Secretary may prescribe under this 

10 part, not earlier than 1 year after the date on which a 

11 test procedure has been prescribed, an energy conservation 

12 standard for such equipment.’’. 

13 (c) TECHNICAL CORRECTIONS.— 

14 (1) Section 321(6)(B) of the Energy Policy and 

15 Conservation Act (42 U.S.C. 6291(6)(B)) is amend16 ed by striking ‘‘(19)’’ and inserting ‘‘(20)’’. 

17 (2) Section 324 of the Energy Policy and Con18 servation Act (42 U.S.C. 6294) is amended by strik19 ing ‘‘(19)’’ each place it appears in each of sub20 sections (a)(3), (b)(1)(B), (b)(3), and (b)(5) and in21 serting ‘‘(20)’’. 

22 (3) Section 325(l) of the Energy Policy and 

23 Conservation Act (42 U.S.C. 6295(l)) is amended by 

24 striking ‘‘paragraph (19)’’ each place it appears and 

25 inserting ‘‘paragraph (20)’’. 
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1 Subtitle C—Manufacturing 

2 SEC. 1201. MANUFACTURING ENERGY EFFICIENCY. 

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

4 (1) to reform and reorient the industrial effi5 ciency programs of the Department; 

6 (2) to establish a clear and consistent authority 

7 for industrial efficiency programs of the Depart8 ment; 

9 (3) to accelerate the deployment of technologies 

10 and practices that will increase industrial energy ef11 ficiency and improve productivity; 

12 (4) to accelerate the development and dem13 onstration of technologies that will assist the deploy14 ment goals of the industrial efficiency programs of 

15 the Department and increase manufacturing effi16 ciency; 

17 (5) to stimulate domestic economic growth and 

18 improve industrial productivity and competitiveness; 

19 and 

20 (6) to strengthen partnerships between Federal 

21 and State governmental agencies and the private 

22 and academic sectors. 

23 (b) FUTURE OF INDUSTRY PROGRAM.— 

24 (1) IN GENERAL.—Section 452 of the Energy 

25 Independence and Security Act of 2007 (42 U.S.C. 
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1 17111) is amended by striking the section heading 

2 and inserting the following: ‘‘FUTURE OF INDUS3 TRY PROGRAM’’. 

4 (2) DEFINITION OF ENERGY SERVICE PRO5 VIDER.—Section 452(a) of the Energy Independence 

6 and Security Act of 2007 (42 U.S.C. 17111(a)) is 

7 amended— 

8 (A) in paragraph (2)— 

9 (i) by redesignating subparagraph (E) 

10 as subparagraph (F); and 

11 (ii) by inserting before subparagraph 

12 (F) (as so redesignated) the following: 

13 ‘‘(E) water and wastewater treatment fa14 cilities, including systems that treat municipal, 

15 industrial, and agricultural waste; and’’; 

16 (B) by redesignating paragraphs (3) 

17 through (5) as paragraphs (4) through (6), re18 spectively; and 

19 (C) by inserting after paragraph (2) the 

20 following: 

21 ‘‘(3) ENERGY SERVICE PROVIDER.—The term 

22 ‘energy service provider’ means any business pro23 viding technology or services to improve the energy 

24 efficiency, water efficiency, power factor, or load 

25 management of a manufacturing site or other indus-
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1 trial process in an energy-intensive industry, or any 

2 utility operating under a utility energy service 

3 project.’’. 

4 (3) INDUSTRIAL RESEARCH AND ASSESSMENT

5 CENTERS.—Section 452(e) of the Energy Independ6 ence and Security Act of 2007 (42 U.S.C. 17111(e)) 

7 is amended— 

8 (A) by redesignating paragraphs (1) 

9 through (5) as subparagraphs (A) through (E), 

10 respectively, and indenting appropriately; 

11 (B) by striking ‘‘The Secretary’’ and in12 serting the following: 

13 ‘‘(1) IN GENERAL.—The Secretary’’; 

14 (C) in subparagraph (A) (as redesignated 

15 by subparagraph (A)), by inserting before the 

16 semicolon at the end the following: ‘‘, including 

17 assessments of sustainable manufacturing goals 

18 and the implementation of information tech19 nology advancements for supply chain analysis, 

20 logistics, system monitoring, industrial and 

21 manufacturing processes, and other purposes’’; 

22 and 

23 (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 

25 for industries, manufacturers, and energy serv-
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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. 1202. LEVERAGING EXISTING FEDERAL AGENCY PRO2 GRAMS TO ASSIST SMALL AND MEDIUM MAN3 UFACTURERS. 

4 (a) DEFINITIONS.—In this section and section 1203: 

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. 1203. 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. 1301. SHORT TITLE. 

19 This subtitle may be cited as the ‘‘Vehicle Innovation 

20 Act of 2016’’. 

21 SEC. 1302. OBJECTIVES. 

22 The objectives of this subtitle are— 

23 (1) to establish a consistent and consolidated 

24 authority for the vehicle technology program at the 

25 Department; 
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1 (2) to develop United States technologies and 

2 practices that— 

3 (A) improve the fuel efficiency and emis4 sions of all vehicles produced in the United 

5 States; and 

6 (B) reduce vehicle reliance on petroleum7 based fuels; 

8 (3) to support domestic research, development, 

9 engineering, demonstration, and commercial applica10 tion and manufacturing of advanced vehicles, en11 gines, and components; 

12 (4) to enable vehicles to move larger volumes of 

13 goods and more passengers with less energy and 

14 emissions; 

15 (5) to develop cost-effective advanced tech16 nologies for wide-scale utilization throughout the 

17 passenger, commercial, government, and transit ve18 hicle sectors; 

19 (6) to allow for greater consumer choice of vehi20 cle technologies and fuels; 

21 (7) shorten technology development and inte22 gration cycles in the vehicle industry; 

23 (8) to ensure a proper balance and diversity of 

24 Federal investment in vehicle technologies; and 
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1 (9) to strengthen partnerships between Federal 

2 and State governmental agencies and the private 

3 and academic sectors. 

4 SEC. 1303. COORDINATION AND NONDUPLICATION. 

5 The Secretary shall ensure, to the maximum extent 

6 practicable, that the activities authorized by this subtitle 

7 do not duplicate those of other programs within the De8 partment or other relevant research agencies. 

9 SEC. 1304. AUTHORIZATION OF APPROPRIATIONS. 

10 There are authorized to be appropriated to the Sec11 retary for research, development, engineering, demonstra12 tion, and commercial application of vehicles and related 

13 technologies in the United States, including activities au14 thorized under this subtitle— 

15 (1) for fiscal year 2016, $313,567,000; 

16 (2) for fiscal year 2017, $326,109,000; 

17 (3) for fiscal year 2018, $339,154,000; 

18 (4) for fiscal year 2019, $352,720,000; and 

19 (5) for fiscal year 2020, $366,829,000. 

20 SEC. 1305. REPORTING. 

21 (a) TECHNOLOGIES DEVELOPED.—Not later than 18 

22 months after the date of enactment of this Act and annu23 ally thereafter through 2020, the Secretary shall submit 

24 to Congress a report regarding the technologies developed 

25 as a result of the activities authorized by this subtitle, with 
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1 a particular emphasis on whether the technologies were 

2 successfully adopted for commercial applications, and if 

3 so, whether products relying on those technologies are 

4 manufactured in the United States. 

5 (b) ADDITIONAL MATTERS.—At the end of each fis6 cal year through 2020, the Secretary shall submit to the 

7 relevant Congressional committees of jurisdiction an an8 nual report describing activities undertaken in the pre9 vious year under this Act, active industry participants, the 

10 status of public private partnerships, progress of the pro11 gram in meeting goals and timelines, and a strategic plan 

12 for funding of activities across agencies. 

13 PART I—VEHICLE RESEARCH AND 

14 DEVELOPMENT 

15 SEC. 1306. PROGRAM. 

16 (a) ACTIVITIES.—The Secretary shall conduct a pro17 gram of basic and applied research, development, engi18 neering, demonstration, and commercial application activi19 ties on materials, technologies, and processes with the po20 tential to substantially reduce or eliminate petroleum use 

21 and the emissions of the Nation’s passenger and commer22 cial vehicles, including activities in the areas of— 

23 (1) electrification of vehicle systems; 

24 (2) batteries, ultracapacitors, and other energy 

25 storage devices; 
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1 (3) power electronics; 

2 (4) vehicle, component, and subsystem manu3 facturing technologies and processes; 

4 (5) engine efficiency and combustion optimiza5 tion; 

6 (6) waste heat recovery; 

7 (7) transmission and drivetrains; 

8 (8) hydrogen vehicle technologies, including fuel 

9 cells and internal combustion engines, and hydrogen 

10 infrastructure, including hydrogen energy storage to 

11 enable renewables and provide hydrogen for fuel and 

12 power; 

13 (9) natural gas vehicle technologies; 

14 (10) aerodynamics, rolling resistance (including 

15 tires and wheel assemblies), and accessory power 

16 loads of vehicles and associated equipment; 

17 (11) vehicle weight reduction, including 

18 lightweighting materials and the development of 

19 manufacturing processes to fabricate, assemble, and 

20 use dissimilar materials; 

21 (12) friction and wear reduction; 

22 (13) engine and component durability; 

23 (14) innovative propulsion systems; 

24 (15) advanced boosting systems; 

25 (16) hydraulic hybrid technologies; 
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1 (17) engine compatibility with and optimization 

2 for a variety of transportation fuels including nat3 ural gas and other liquid and gaseous fuels; 

4 (18) predictive engineering, modeling, and sim5 ulation of vehicle and transportation systems; 

6 (19) refueling and charging infrastructure for 

7 alternative fueled and electric or plug-in electric hy8 brid vehicles, including the unique challenges facing 

9 rural areas; 

10 (20) gaseous fuels storage systems and system 

11 integration and optimization; 

12 (21) sensing, communications, and actuation 

13 technologies for vehicle, electrical grid, and infra14 structure; 

15 (22) efficient use, substitution, and recycling of 

16 potentially critical materials in vehicles, including 

17 rare earth elements and precious metals, at risk of 

18 supply disruption; 

19 (23) aftertreatment technologies; 

20 (24) thermal management of battery systems; 

21 (25) retrofitting advanced vehicle technologies 

22 to existing vehicles; 

23 (26) development of common standards, speci24 fications, and architectures for both transportation 

25 and stationary battery applications; 
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1 (27) advanced internal combustion engines; 

2 (28) mild hybrid; 

3 (29) engine down speeding; 

4 (30) vehicle-to-vehicle, vehicle-to-pedestrian, 

5 and vehicle-to-infrastructure technologies; and 

6 (31) other research areas as determined by the 

7 Secretary. 

8 (b) TRANSFORMATIONAL TECHNOLOGY.—The Sec9 retary shall ensure that the Department continues to sup10 port research, development, engineering, demonstration, 

11 and commercial application activities and maintains com12 petency in mid- to long-term transformational vehicle tech13 nologies with potential to achieve reductions in emissions, 

14 including activities in the areas of— 

15 (1) hydrogen vehicle technologies, including fuel 

16 cells, hydrogen storage, infrastructure, and activities 

17 in hydrogen technology validation and safety codes 

18 and standards; 

19 (2) multiple battery chemistries and novel en20 ergy storage devices, including nonchemical batteries 

21 and electromechanical storage technologies such as 

22 hydraulics, flywheels, and compressed air storage; 

23 (3) communication and connectivity among ve24 hicles, infrastructure, and the electrical grid; and 
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1 (4) other innovative technologies research and 

2 development, as determined by the Secretary. 

3 (c) INDUSTRY PARTICIPATION.—To the maximum 

4 extent practicable, activities under this Act shall be carried 

5 out in partnership or collaboration with automotive manu6 facturers, heavy commercial, vocational, and transit vehi7 cle manufacturers, qualified plug-in electric vehicle manu8 facturers, compressed natural gas vehicle manufacturers, 

9 vehicle and engine equipment and component manufactur10 ers, manufacturing equipment manufacturers, advanced 

11 vehicle service providers, fuel producers and energy sup12 pliers, electric utilities, universities, national laboratories, 

13 and independent research laboratories. In carrying out 

14 this Act the Secretary shall— 

15 (1) determine whether a wide range of compa16 nies that manufacture or assemble vehicles or com17 ponents in the United States are represented in on18 going public private partnership activities, including 

19 firms that have not traditionally participated in fed20 erally sponsored research and development activities, 

21 and where possible, partner with such firms that 

22 conduct significant and relevant research and devel23 opment activities in the United States; 

24 (2) leverage the capabilities and resources of, 

25 and formalize partnerships with, industry-led stake-
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1 holder organizations, nonprofit organizations, indus2 try consortia, and trade associations with expertise 

3 in the research and development of, and education 

4 and outreach activities in, advanced automotive and 

5 commercial vehicle technologies; 

6 (3) develop more effective processes for trans7 ferring research findings and technologies to indus8 try; 

9 (4) support public-private partnerships, dedi10 cated to overcoming barriers in commercial applica11 tion of transformational vehicle technologies, that 

12 utilize such industry-led technology development fa13 cilities of entities with demonstrated expertise in 

14 successfully designing and engineering pre-commer15 cial generations of such transformational technology; 

16 and 

17 (5) promote efforts to ensure that technology 

18 research, development, engineering, and commercial 

19 application activities funded under this Act are car20 ried out in the United States. 

21 (d) INTERAGENCY AND INTRAAGENCY COORDINA22 TION.—To the maximum extent practicable, the Secretary 

23 shall coordinate research, development, demonstration, 

24 and commercial application activities among— 
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1 (1) relevant programs within the Department, 

2 including— 

3 (A) the Office of Energy Efficiency and 

4 Renewable Energy; 

5 (B) the Office of Science; 

6 (C) the Office of Electricity Delivery and 

7 Energy Reliability; 

8 (D) the Office of Fossil Energy; 

9 (E) the Advanced Research Projects Agen10 cy—Energy; and 

11 (F) other offices as determined by the Sec12 retary; and 

13 (2) relevant technology research and develop14 ment programs within other Federal agencies, as de15 termined by the Secretary. 

16 (e) FEDERAL DEMONSTRATION OF TECH17 NOLOGIES.—The Secretary shall make information avail18 able to procurement programs of Federal agencies regard19 ing the potential to demonstrate technologies resulting 

20 from activities funded through programs under this Act. 

21 (f) INTERGOVERNMENTAL COORDINATION.—The 

22 Secretary shall seek opportunities to leverage resources 

23 and support initiatives of State and local governments in 

24 developing and promoting advanced vehicle technologies, 

25 manufacturing, and infrastructure. 
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1 (g) CRITERIA.—When awarding grants under this 

2 program, the Secretary shall give priority to those tech3 nologies (either individually or as part of a system) that— 

4 (1) provide the greatest aggregate fuel savings 

5 based on the reasonable projected sales volumes of 

6 the technology; and 

7 (2) provide the greatest increase in United 

8 States employment. 

9 (h) SECONDARY USE APPLICATIONS.— 

10 (1) IN GENERAL.—The Secretary shall carry 

11 out a research, development, and demonstration pro12 gram that— 

13 (A) builds on any work carried out under 

14 section 915 of the Energy Policy Act of 2005 

15 (42 U.S.C. 16195); 

16 (B) identifies possible uses of a vehicle bat17 tery after the useful life of the battery in a ve18 hicle has been exhausted; 

19 (C) conducts long-term testing to verify 

20 performance and degradation predictions and 

21 lifetime valuations for secondary uses; 

22 (D) evaluates innovative approaches to re23 cycling materials from plug-in electric drive ve24 hicles and the batteries used in plug-in electric 

25 drive vehicles; 
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1 (E)(i) assesses the potential for markets 

2 for uses described in subparagraph (B) to de3 velop; and 

4 (ii) identifies any barriers to the develop5 ment of those markets; and 

6 (F) identifies the potential uses of a vehi7 cle battery— 

8 (i) with the most promise for market 

9 development; and 

10 (ii) for which market development 

11 would be aided by a demonstration project. 

12 (2) REPORT.—Not later than 1 year after the 

13 date of enactment of this Act, the Secretary shall 

14 submit to the appropriate committees of Congress 

15 an initial report on the findings of the program de16 scribed in paragraph (1), including recommendations 

17 for stationary energy storage and other potential ap18 plications for batteries used in plug-in electric drive 

19 vehicles. 

20 (3) SECONDARY USE DEMONSTRATION.— 

21 (A) IN GENERAL.—Based on the results of 

22 the program described in paragraph (1), the 

23 Secretary shall develop guidelines for projects 

24 that demonstrate the secondary uses and inno25 vative recycling of vehicle batteries. 
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1 (B) PUBLICATION OF GUIDELINES.—Not 

2 later than 18 months after the date of enact3 ment of this Act, the Secretary shall— 

4 (i) publish the guidelines described in 

5 subparagraph (A); and 

6 (ii) solicit applications for funding for 

7 demonstration projects. 

8 (C) PILOT DEMONSTRATION PROGRAM.— 

9 Not later than 21 months after the date of en10 actment of this Act, the Secretary shall select 

11 proposals for grant funding under this section, 

12 based on an assessment of which proposals are 

13 mostly likely to contribute to the development 

14 of a secondary market for batteries. 

15 SEC. 1307. MANUFACTURING. 

16 The Secretary shall carry out a research, develop17 ment, engineering, demonstration, and commercial appli18 cation program of advanced vehicle manufacturing tech19 nologies and practices, including innovative processes— 

20 (1) to increase the production rate and decrease 

21 the cost of advanced battery and fuel cell manufac22 turing; 

23 (2) to vary the capability of individual manufac24 turing facilities to accommodate different battery 

25 chemistries and configurations; 
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1 (3) to reduce waste streams, emissions, and en2 ergy intensity of vehicle, engine, advanced battery 

3 and component manufacturing processes; 

4 (4) to recycle and remanufacture used batteries 

5 and other vehicle components for reuse in vehicles or 

6 stationary applications; 

7 (5) to develop manufacturing processes to effec8 tively fabricate, assemble, and produce cost-effective 

9 lightweight materials such as advanced aluminum 

10 and other metal alloys, polymeric composites, and 

11 carbon fiber for use in vehicles; 

12 (6) to produce lightweight high pressure storage 

13 systems for gaseous fuels; 

14 (7) to design and manufacture purpose-built hy15 drogen fuel cell vehicles and components; 

16 (8) to improve the calendar life and cycle life of 

17 advanced batteries; and 

18 (9) to produce permanent magnets for advanced 

19 vehicles. 

20 PART II—MEDIUM- AND HEAVY-DUTY 

21 COMMERCIAL AND TRANSIT VEHICLES 

22 SEC. 1308. PROGRAM. 

23 The Secretary, in partnership with relevant research 

24 and development programs in other Federal agencies, and 

25 a range of appropriate industry stakeholders, shall carry 
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1 out a program of cooperative research, development, dem2 onstration, and commercial application activities on ad3 vanced technologies for medium- to heavy-duty commer4 cial, vocational, recreational, and transit vehicles, includ5 ing activities in the areas of— 

6 (1) engine efficiency and combustion research; 

7 (2) onboard storage technologies for compressed 

8 and liquefied natural gas; 

9 (3) development and integration of engine tech10 nologies designed for natural gas operation of a vari11 ety of vehicle platforms; 

12 (4) waste heat recovery and conversion; 

13 (5) improved aerodynamics and tire rolling re14 sistance; 

15 (6) energy and space-efficient emissions control 

16 systems; 

17 (7) mild hybrid, heavy hybrid, hybrid hydraulic, 

18 plug-in hybrid, and electric platforms, and energy 

19 storage technologies; 

20 (8) drivetrain optimization; 

21 (9) friction and wear reduction; 

22 (10) engine idle and parasitic energy loss reduc23 tion; 

24 (11) electrification of accessory loads; 
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1 (12) onboard sensing and communications tech2 nologies; 

3 (13) advanced lightweighting materials and ve4 hicle designs; 

5 (14) increasing load capacity per vehicle; 

6 (15) thermal management of battery systems; 

7 (16) recharging infrastructure; 

8 (17) compressed natural gas infrastructure; 

9 (18) advanced internal combustion engines; 

10 (19) complete vehicle and power pack modeling, 

11 simulation, and testing; 

12 (20) hydrogen vehicle technologies, including 

13 fuel cells and internal combustion engines, and hy14 drogen infrastructure, including hydrogen energy 

15 storage to enable renewables and provide hydrogen 

16 for fuel and power; 

17 (21) retrofitting advanced technologies onto ex18 isting truck fleets; 

19 (22) advanced boosting systems; 

20 (23) engine down speeding; and 

21 (24) integration of these and other advanced 

22 systems onto a single truck and trailer platform. 
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1 SEC. 1309. CLASS 8 TRUCK AND TRAILER SYSTEMS DEM2 ONSTRATION. 

3 (a) IN GENERAL.—The Secretary shall conduct a 

4 competitive grant program to demonstrate the integration 

5 of multiple advanced technologies on Class 8 truck and 

6 trailer platforms, including a combination of technologies 

7 listed in section 1308. 

8 (b) APPLICANT TEAMS.—Applicant teams may be 

9 comprised of truck and trailer manufacturers, engine and 

10 component manufacturers, fleet customers, university re11 searchers, and other applicants as appropriate for the de12 velopment and demonstration of integrated Class 8 truck 

13 and trailer systems. 

14 SEC. 1310. TECHNOLOGY TESTING AND METRICS. 

15 The Secretary, in coordination with the partners of 

16 the interagency research program described in section 

17 1308— 

18 (1) shall develop standard testing procedures 

19 and technologies for evaluating the performance of 

20 advanced heavy vehicle technologies under a range of 

21 representative duty cycles and operating conditions, 

22 including for heavy hybrid propulsion systems; 

23 (2) shall evaluate heavy vehicle performance 

24 using work performance-based metrics other than 

25 those based on miles per gallon, including those 

26 based on units of volume and weight transported for 
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1 freight applications, and appropriate metrics based 

2 on the work performed by nonroad systems; and 

3 (3) may construct heavy duty truck and bus 

4 testing facilities. 

5 SEC. 1311. NONROAD SYSTEMS PILOT PROGRAM. 

6 The Secretary shall undertake a pilot program of re7 search, development, demonstration, and commercial ap8 plications of technologies to improve total machine or sys9 tem efficiency for nonroad mobile equipment including ag10 ricultural, construction, air, and sea port equipment, and 

11 shall seek opportunities to transfer relevant research find12 ings and technologies between the nonroad and on-high13 way equipment and vehicle sectors. 

14 PART III—ADMINISTRATION 

15 SEC. 1312. REPEAL OF EXISTING AUTHORITIES. 

16 (a) IN GENERAL.—Sections 706, 711, 712, and 933 

17 of the Energy Policy Act of 2005 (42 U.S.C. 16051, 

18 16061, 16062, 16233) are repealed. 

19 (b) ENERGY EFFICIENCY.—Section 911 of the En20 ergy Policy Act of 2005 (42 U.S.C. 16191) is amended— 

21 (1) in subsection (a)— 

22 (A) in paragraph (1)(A), by striking ‘‘vehi23 cles, buildings,’’ and inserting ‘‘buildings’’; and 

24 (B) in paragraph (2)— 

25 (i) by striking subparagraph (A); and 
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1 (ii) by redesignating subparagraphs 

2 (B) through (E) as subparagraphs (A) 

3 through (D), respectively; and 

4 (2) in subsection (c)— 

5 (A) by striking paragraph (3); 

6 (B) by redesignating paragraph (4) as 

7 paragraph (3); and 

8 (C) in paragraph (3) (as so redesignated), 

9 by striking ‘‘(a)(2)(D)’’ and inserting 

10 ‘‘(a)(2)(C)’’. 

11 SEC. 1313. REAUTHORIZATION OF DIESEL EMISSIONS RE12 DUCTION PROGRAM. 

13 Section 797(a) of the Energy Policy Act of 2005 (42 

14 U.S.C. 16137(a)) is amended by striking ‘‘2016’’ and in15 serting ‘‘2021’’. 

16 SEC. 1314. GASEOUS FUEL DUAL FUELED AUTOMOBILES. 

17 Section 32905 of title 49, United States Code, is 

18 amended by striking subsection (d) and inserting the fol19 lowing: 

20 ‘‘(d) GASEOUS FUEL DUAL FUELED AUTO21 MOBILES.— 

22 ‘‘(1) MODEL YEARS 1993 THROUGH 2016.—For 

23 any model of gaseous fuel dual fueled automobile 

24 manufactured by a manufacturer in model years 

25 1993 through 2016, the Administrator shall measure 
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1 the fuel economy for that model by dividing 1.0 by 

2 the sum of— 

3 ‘‘(A) .5 divided by the fuel economy meas4 ured under section 32904(c) of this title when 

5 operating the model on gasoline or diesel fuel; 

6 and 

7 ‘‘(B) .5 divided by the fuel economy meas8 ured under subsection (c) of this section when 

9 operating the model on gaseous fuel. 

10 ‘‘(2) SUBSEQUENT MODEL YEARS.—For any 

11 model of gaseous fuel dual fueled automobile manu12 factured by a manufacturer in model year 2017 or 

13 any subsequent model year, the Administrator shall 

14 calculate fuel economy in accordance with section 

15 600.510–12 (c)(2)(vii) of title 40, Code of Federal 

16 Regulations (as in effect on the date of enactment 

17 of this paragraph) if the vehicle qualifies under sec18 tion 32901(c).’’. 

19 Subtitle E—Short Title 

20 SEC. 1401. SHORT TITLE. 

21 This title may be cited as the ‘‘Portman-Shaheen En22 ergy Efficiency Improvement Act of 2016’’. 

23 Subtitle F—Housing 

24 SEC. 1501. DEFINITIONS. 

25 In this subtitle, the following definitions shall apply: 
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1 (1) COVERED LOAN.—The term ‘‘covered loan’’ 

2 means a loan secured by a home that is insured by 

3 the Federal Housing Administration under title II of 

4 the National Housing Act (12 U.S.C. 1707 et seq.). 

5 (2) HOMEOWNER.—The term ‘‘homeowner’’ 

6 means the mortgagor under a covered loan. 

7 (3) MORTGAGEE.—The term ‘‘mortgagee’’ 

8 means an original lender under a covered loan or the 

9 holder of a covered loan at the time at which that 

10 mortgage transaction is consummated. 

11 SEC. 1502. ENHANCED ENERGY EFFICIENCY UNDER12 WRITING CRITERIA. 

13 (a) IN GENERAL.—Not later than 1 year after the 

14 date of enactment of this Act, the Secretary of Housing 

15 and Urban Development shall, in consultation with the ad16 visory group established in section 1505(c), develop and 

17 issue guidelines for the Federal Housing Administration 

18 to implement enhanced loan eligibility requirements, for 

19 use when testing the ability of a loan applicant to repay 

20 a covered loan, that account for the expected energy cost 

21 savings for a loan applicant at a subject property, in the 

22 manner set forth in subsections (b) and (c). 

23 (b) REQUIREMENTS TO ACCOUNT FOR ENERGY COST

24 SAVINGS.— 
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1 (1) IN GENERAL.—The enhanced loan eligibility 

2 requirements under subsection (a) shall require that, 

3 for all covered loans for which an energy efficiency 

4 report is voluntarily provided to the mortgagee by 

5 the homeowner, the Federal Housing Administration 

6 and the mortgagee shall take into consideration the 

7 estimated energy cost savings expected for the owner 

8 of the subject property in determining whether the 

9 loan applicant has sufficient income to service the 

10 mortgage debt plus other regular expenses. 

11 (2) USE AS OFFSET.—To the extent that the 

12 Federal Housing Administration uses a test such as 

13 a debt-to-income test that includes certain regular 

14 expenses, such as hazard insurance and property 

15 taxes— 

16 (A) the expected energy cost savings shall 

17 be included as an offset to these expenses; and 

18 (B) the Federal Housing Administration 

19 may not use the offset described in subpara20 graph (A) to qualify a loan applicant for insur21 ance under title II of the National Housing Act 

22 (12 U.S.C. 1707 et seq.) with respect to a loan 

23 that would not otherwise meet the requirements 

24 for such insurance. 
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1 (3) TYPES OF ENERGY COSTS.—Energy costs to 

2 be assessed under this subsection shall include the 

3 cost of electricity, natural gas, oil, and any other 

4 fuel regularly used to supply energy to the subject 

5 property. 

6 (c) DETERMINATION OF ESTIMATED ENERGY COST

7 SAVINGS.— 

8 (1) IN GENERAL.—The guidelines to be issued 

9 under subsection (a) shall include instructions for 

10 the Federal Housing Administration to calculate es11 timated energy cost savings using— 

12 (A) the energy efficiency report; 

13 (B) an estimate of baseline average energy 

14 costs; and 

15 (C) additional sources of information as 

16 determined by the Secretary of Housing and 

17 Urban Development. 

18 (2) REPORT REQUIREMENTS.—For the pur19 poses of paragraph (1), an energy efficiency report 

20 shall— 

21 (A) estimate the expected energy cost sav22 ings specific to the subject property, based on 

23 specific information about the property; 
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1 (B) be prepared in accordance with the 

2 guidelines to be issued under subsection (a); 

3 and 

4 (C) be prepared— 

5 (i) in accordance with the Residential 

6 Energy Service Network’s Home Energy 

7 Rating System (commonly known as 

8 ‘‘HERS’’) by an individual certified by the 

9 Residential Energy Service Network, un10 less the Secretary of Housing and Urban 

11 Development finds that the use of HERS 

12 does not further the purposes of this sub13 title; 

14 (ii) in accordance with the Alaska 

15 Housing Finance Corporation energy rat16 ing system by an individual certified by the 

17 Alaska Housing Finance Corporation as an 

18 authorized Energy Rater; or 

19 (iii) by other methods approved by the 

20 Secretary of Housing and Urban Develop21 ment, in consultation with the Secretary 

22 and the advisory group established in sec23 tion 1505(c), for use under this subtitle, 

24 which shall include a third-party quality 

25 assurance procedure. 
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1 (3) USE BY APPRAISER.—If an energy effi2 ciency report is used under subsection (b), the en3 ergy efficiency report shall be provided to the ap4 praiser to estimate the energy efficiency of the sub5 ject property and for potential adjustments for en6 ergy efficiency. 

7 (d) PRICING OF LOANS.— 

8 (1) IN GENERAL.—The Federal Housing Ad9 ministration may price covered loans originated 

10 under the enhanced loan eligibility requirements re11 quired under this section in accordance with the esti12 mated risk of the loans. 

13 (2) IMPOSITION OF CERTAIN MATERIAL COSTS, 

14 IMPEDIMENTS, OR PENALTIES.—In the absence of a 

15 publicly disclosed analysis that demonstrates signifi16 cant additional default risk or prepayment risk asso17 ciated with the loans, the Federal Housing Adminis18 tration shall not impose material costs, impediments, 

19 or penalties on covered loans merely because the 

20 loan uses an energy efficiency report or the en21 hanced loan eligibility requirements required under 

22 this section. 

23 (e) LIMITATIONS.— 

24 (1) IN GENERAL.—The Federal Housing Ad25 ministration may price covered loans originated 
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1 under the enhanced loan eligibility requirements re2 quired under this section in accordance with the esti3 mated risk of those loans. 

4 (2) PROHIBITED ACTIONS.—The Federal Hous5 ing Administration shall not— 

6 (A) modify existing underwriting criteria 

7 or adopt new underwriting criteria that inten8 tionally negate or reduce the impact of the re9 quirements or resulting benefits that are set 

10 forth or otherwise derived from the enhanced 

11 loan eligibility requirements required under this 

12 section; or 

13 (B) impose greater buy back requirements, 

14 credit overlays, or insurance requirements, in15 cluding private mortgage insurance, on covered 

16 loans merely because the loan uses an energy 

17 efficiency report or the enhanced loan eligibility 

18 requirements required under this section. 

19 (f) APPLICABILITY AND IMPLEMENTATION DATE.— 

20 Not later than 3 years after the date of enactment of this 

21 Act, and before December 31, 2019, the enhanced loan 

22 eligibility requirements required under this section shall 

23 be implemented by the Federal Housing Administration 

24 to— 
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1 (1) apply to any covered loan for the sale, or 

2 refinancing of any loan for the sale, of any home; 

3 (2) be available on any residential real property 

4 (including individual units of condominiums and co5 operatives) that qualifies for a covered loan; and 

6 (3) provide prospective mortgagees with suffi7 cient guidance and applicable tools to implement the 

8 required underwriting methods. 

9 SEC. 1503. ENHANCED ENERGY EFFICIENCY UNDER10 WRITING VALUATION GUIDELINES. 

11 (a) IN GENERAL.—Not later than 1 year after the 

12 date of enactment of this Act, the Secretary of Housing 

13 and Urban Development shall— 

14 (1) in consultation with the Federal Financial 

15 Institutions Examination Council and the advisory 

16 group established in section 1505(c), develop and 

17 issue guidelines for the Federal Housing Administra18 tion to determine the maximum permitted loan 

19 amount based on the value of the property for all 

20 covered loans made on properties with an energy ef21 ficiency report that meets the requirements of sec22 tion 1502(c)(2); and 

23 (2) in consultation with the Secretary, issue 

24 guidelines for the Federal Housing Administration 

25 to determine the estimated energy savings under 
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1 subsection (c) for properties with an energy effi2 ciency report. 

3 (b) REQUIREMENTS.—The enhanced energy effi4 ciency underwriting valuation guidelines required under 

5 subsection (a) shall include— 

6 (1) a requirement that if an energy efficiency 

7 report that meets the requirements of section 

8 1502(c)(2) is voluntarily provided to the mortgagee, 

9 such report shall be used by the mortgagee or the 

10 Federal Housing Administration to determine the 

11 estimated energy savings of the subject property; 

12 and 

13 (2) a requirement that the estimated energy 

14 savings of the subject property be added to the ap15 praised value of the subject property by a mortgagee 

16 or the Federal Housing Administration for the pur17 pose of determining the loan-to-value ratio of the 

18 subject property, unless the appraisal includes the 

19 value of the overall energy efficiency of the subject 

20 property, using methods to be established under the 

21 guidelines issued under subsection (a). 

22 (c) DETERMINATION OF ESTIMATED ENERGY SAV23 INGS.— 

24 (1) AMOUNT OF ENERGY SAVINGS.—The 

25 amount of estimated energy savings shall be deter-
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1 mined by calculating the difference between the esti2 mated energy costs for the average comparable 

3 houses, as determined in guidelines to be issued 

4 under subsection (a), and the estimated energy costs 

5 for the subject property based upon the energy effi6 ciency report. 

7 (2) DURATION OF ENERGY SAVINGS.—The du8 ration of the estimated energy savings shall be based 

9 upon the estimated life of the applicable equipment, 

10 consistent with the rating system used to produce 

11 the energy efficiency report. 

12 (3) PRESENT VALUE OF ENERGY SAVINGS.— 

13 The present value of the future savings shall be dis14 counted using the average interest rate on conven15 tional 30-year mortgages, in the manner directed by 

16 guidelines issued under subsection (a). 

17 (d) ENSURING CONSIDERATION OF ENERGY EFFI18 CIENT FEATURES.—Section 1110 of the Financial Institu19 tions Reform, Recovery, and Enforcement Act of 1989 (12 

20 U.S.C. 3339) is amended— 

21 (1) in paragraph (2), by striking ‘‘; and’’ at the 

22 end; 

23 (2) in paragraph (3), by striking the period at 

24 the end and inserting ‘‘; and’’; and 
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1 (3) by inserting after paragraph (3) the fol2 lowing: 

3 ‘‘(4) that State certified and licensed appraisers 

4 have timely access, whenever practicable, to informa5 tion from the property owner and the lender that 

6 may be relevant in developing an opinion of value re7 garding the energy-saving improvements or features 

8 of a property, such as— 

9 ‘‘(A) labels or ratings of buildings; 

10 ‘‘(B) installed appliances, measures, sys11 tems or technologies; 

12 ‘‘(C) blueprints; 

13 ‘‘(D) construction costs; 

14 ‘‘(E) financial or other incentives regard15 ing energy-efficient components and systems in16 stalled in a property; 

17 ‘‘(F) utility bills; 

18 ‘‘(G) energy consumption and bench19 marking data; and 

20 ‘‘(H) third-party verifications or represen21 tations of energy and water efficiency perform22 ance of a property, observing all financial pri23 vacy requirements adhered to by certified and 

24 licensed appraisers, including section 501 of the 

25 Gramm-Leach-Bliley Act (15 U.S.C. 6801). 
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1 Unless a property owner consents to a lender, an ap2 praiser, in carrying out the requirements of para3 graph (4), shall not have access to the commercial 

4 or financial information of the owner that is privi5 leged or confidential.’’. 

6 (e) TRANSACTIONS REQUIRING STATE CERTIFIED

7 APPRAISERS.—Section 1113 of the Financial Institutions 

8 Reform, Recovery, and Enforcement Act of 1989 (12 

9 U.S.C. 3342) is amended— 

10 (1) in paragraph (1), by inserting before the 

11 semicolon the following: ‘‘, or any real property on 

12 which the appraiser makes adjustments using an en13 ergy efficiency report’’; and 

14 (2) in paragraph (2), by inserting after before 

15 the period at the end the following: ‘‘, or an ap16 praisal on which the appraiser makes adjustments 

17 using an energy efficiency report’’. 

18 (f) PROTECTIONS.— 

19 (1) AUTHORITY TO IMPOSE LIMITATIONS.—The 

20 guidelines to be issued under subsection (a) shall in21 clude such limitations and conditions as determined 

22 by the Secretary of Housing and Urban Develop23 ment to be necessary to protect against meaningful 

24 under or over valuation of energy cost savings or du25 plicative counting of energy efficiency features or en-
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1 ergy cost savings in the valuation of any subject 

2 property that is used to determine a loan amount. 

3 (2) ADDITIONAL AUTHORITY.—At the end of 

4 the 7-year period following the implementation of 

5 enhanced eligibility and underwriting valuation re6 quirements under this subtitle, the Secretary of 

7 Housing and Urban Development may modify or 

8 apply additional exceptions to the approach de9 scribed in subsection (b), where the Secretary of 

10 Housing and Urban Development finds that the 

11 unadjusted appraisal will reflect an accurate market 

12 value of the efficiency of the subject property or that 

13 a modified approach will better reflect an accurate 

14 market value. 

15 (g) APPLICABILITY AND IMPLEMENTATION DATE.— 

16 Not later than 3 years after the date of enactment of this 

17 Act, and before December 31, 2019, the Federal Housing 

18 Administration shall implement the guidelines required 

19 under this section, which shall— 

20 (1) apply to any covered loan for the sale, or 

21 refinancing of any loan for the sale, of any home; 

22 and 

23 (2) be available on any residential real property, 

24 including individual units of condominiums and co25 operatives, that qualifies for a covered loan. 
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1 SEC. 1504. MONITORING. 

2 Not later than 1 year after the date on which the 

3 enhanced eligibility and underwriting valuation require4 ments are implemented under this subtitle, and every year 

5 thereafter, the Federal Housing Administration shall issue 

6 and make available to the public a report that— 

7 (1) enumerates the number of covered loans of 

8 the Federal Housing Administration for which there 

9 was an energy efficiency report, and that used en10 ergy efficiency appraisal guidelines and enhanced 

11 loan eligibility requirements; 

12 (2) includes the default rates and rates of fore13 closures for each category of loans; and 

14 (3) describes the risk premium, if any, that the 

15 Federal Housing Administration has priced into cov16 ered loans for which there was an energy efficiency 

17 report. 

18 SEC. 1505. RULEMAKING. 

19 (a) IN GENERAL.—The Secretary of Housing and 

20 Urban Development shall prescribe regulations to carry 

21 out this subtitle, in consultation with the Secretary and 

22 the advisory group established in subsection (c), which 

23 may contain such classifications, differentiations, or other 

24 provisions, and may provide for such proper implementa25 tion and appropriate treatment of different types of trans26 actions, as the Secretary of Housing and Urban Develop-
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1 ment determines are necessary or proper to effectuate the 

2 purposes of this subtitle, to prevent circumvention or eva3 sion thereof, or to facilitate compliance therewith. 

4 (b) RULE OF CONSTRUCTION.—Nothing in this sub5 title shall be construed to authorize the Secretary of Hous6 ing and Urban Development to require any homeowner or 

7 other party to provide energy efficiency reports, energy ef8 ficiency labels, or other disclosures to the Federal Housing 

9 Administration or to a mortgagee. 

10 (c) ADVISORY GROUP.—To assist in carrying out this 

11 subtitle, the Secretary of Housing and Urban Develop12 ment shall establish an advisory group, consisting of indi13 viduals representing the interests of— 

14 (1) mortgage lenders; 

15 (2) appraisers; 

16 (3) energy raters and residential energy con17 sumption experts; 

18 (4) energy efficiency organizations; 

19 (5) real estate agents; 

20 (6) home builders and remodelers; 

21 (7) consumer advocates; 

22 (8) State energy officials; and 

23 (9) others as determined by the Secretary of 

24 Housing and Urban Development. 
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1 SEC. 1506. ADDITIONAL STUDY. 

2 (a) IN GENERAL.—Not later than 18 months after 

3 the date of enactment of this Act, the Secretary of Hous4 ing and Urban Development shall reconvene the advisory 

5 group established in section 1505(c), in addition to water 

6 and locational efficiency experts, to advise the Secretary 

7 of Housing and Urban Development on the implementa8 tion of the enhanced energy efficiency underwriting cri9 teria established in sections 1502 and 1503. 

10 (b) RECOMMENDATIONS.—The advisory group estab11 lished in section 1505(c) shall provide recommendations 

12 to the Secretary of Housing and Urban Development on 

13 any revisions or additions to the enhanced energy effi14 ciency underwriting criteria deemed necessary by the 

15 group, which may include alternate methods to better ac16 count for home energy costs and additional factors to ac17 count for substantial and regular costs of homeownership 

18 such as location-based transportation costs and water 

19 costs. The Secretary of Housing and Urban Development 

20 shall forward any legislative recommendations from the 

21 advisory group to Congress for its consideration. 

22 TITLE II—INFRASTRUCTURE 

23 Subtitle A—Cybersecurity 

24 SEC. 2001. CYBERSECURITY THREATS. 

25 Part II of the Federal Power Act (16 U.S.C. 824 et 

26 seq.) is amended by adding at the end the following: 
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1 ‘‘SEC. 224. CYBERSECURITY THREATS. 

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

3 ‘‘(1) BULK-POWER SYSTEM.—The term ‘bulk4 power system’ has the meaning given the term in 

5 section 215. 

6 ‘‘(2) CRITICAL ELECTRIC INFRASTRUCTURE.— 

7 The term ‘critical electric infrastructure’ means a 

8 system or asset of the bulk-power system, whether 

9 physical or virtual, the incapacity or destruction of 

10 which would negatively affect national security, eco11 nomic security, public health or safety, or any com12 bination of those matters. 

13 ‘‘(3) CRITICAL ELECTRIC INFRASTRUCTURE IN14 FORMATION.— 

15 ‘‘(A) IN GENERAL.—The term ‘critical 

16 electric infrastructure information’ means infor17 mation related to critical electric infrastructure, 

18 or proposed critical electric infrastructure, gen19 erated by or provided to the Commission or 

20 other Federal agency, other than classified na21 tional security information, that is designated 

22 as critical electric infrastructure information by 

23 the Commission under subsection (d)(2). 

24 ‘‘(B) INCLUSIONS.—The term ‘critical elec25 tric infrastructure information’ includes infor26 mation that qualifies as critical energy infra-
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1 structure information under regulations promul2 gated by the Commission. 

3 ‘‘(4) CYBERSECURITY THREAT.—The term ‘cy4 bersecurity threat’ means the imminent danger of an 

5 act that severely disrupts, attempts to severely dis6 rupt, or poses a significant risk of severely dis7 rupting the operation of programmable electronic de8 vices or communications networks (including hard9 ware, software, and data) essential to the reliable 

10 operation of the bulk-power system. 

11 ‘‘(5) ELECTRIC RELIABILITY ORGANIZATION.— 

12 The term ‘Electric Reliability Organization’ has the 

13 meaning given the term in section 215. 

14 ‘‘(6) REGIONAL ENTITY.—The term ‘regional 

15 entity’ has the meaning given the term in section 

16 215. 

17 ‘‘(7) SECRETARY.—The term ‘Secretary’ means 

18 the Secretary of Energy. 

19 ‘‘(b) EMERGENCY AUTHORITY OF SECRETARY.— 

20 ‘‘(1) IN GENERAL.—If the President notifies 

21 the Secretary that the President has made a deter22 mination that immediate action is necessary to pro23 tect the bulk-power system from a cybersecurity 

24 threat, the Secretary may require, by order and with 

25 or without notice, any entity that is registered with 
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1 the Electric Reliability Organization as an owner, 

2 operator, or user of the bulk-power system to take 

3 such actions as the Secretary determines will best 

4 avert or mitigate the cybersecurity threat. 

5 ‘‘(2) WRITTEN EXPLANATION.—As soon as 

6 practicable after notifying the Secretary under para7 graph (1), the President shall— 

8 ‘‘(A) provide to the Secretary, in writing, 

9 a record of the determination and an expla10 nation of the reasons for the determination; and 

11 ‘‘(B) promptly notify, in writing, congres12 sional committees of relevant jurisdiction, in13 cluding the Committee on Energy and Com14 merce of the House of Representatives and the 

15 Committee on Energy and Natural Resources of 

16 the Senate, of the contents of, and justification 

17 for, the directive or determination. 

18 ‘‘(3) COORDINATION WITH CANADA AND MEX19 ICO.—In exercising the authority pursuant to this 

20 subsection, the Secretary is encouraged to consult 

21 and coordinate with the appropriate officials in Can22 ada and Mexico responsible for the protection of cy23 bersecurity of the interconnected North American 

24 electricity grid. 
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1 ‘‘(4) CONSULTATION.—Before exercising au2 thority pursuant to this subsection, to the maximum 

3 extent practicable, taking into consideration the na4 ture of an identified cybersecurity threat and the ur5 gency of need for action, the Secretary shall consult 

6 regarding implementation of actions that will effec7 tively address the cybersecurity threat with— 

8 ‘‘(A) any entities potentially subject to the 

9 cybersecurity threat that own, control, or oper10 ate bulk-power system facilities; 

11 ‘‘(B) the Electric Reliability Organization; 

12 ‘‘(C) the Electricity Sub-sector Coordi13 nating Council (as established by the Electric 

14 Reliability Organization); and 

15 ‘‘(D) officials of other Federal departments 

16 and agencies, as appropriate. 

17 ‘‘(5) COST RECOVERY.— 

18 ‘‘(A) IN GENERAL.—The Commission shall 

19 adopt regulations that permit entities subject to 

20 an order under paragraph (1) to seek recovery 

21 of prudently incurred costs required to imple22 ment actions ordered by the Secretary under 

23 this subsection. 
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1 ‘‘(B) REQUIREMENTS.—Any rate or charge 

2 approved under regulations adopted pursuant to 

3 this paragraph— 

4 ‘‘(i) shall be just and reasonable; and 

5 ‘‘(ii) shall not be unduly discrimina6 tory or preferential. 

7 ‘‘(c) DURATION OF EMERGENCY ORDERS.—An order 

8 issued by the Secretary pursuant to subsection (b) shall 

9 remain in effect for not longer than the 30-day period be10 ginning on the effective date of the order, unless, during 

11 that 30 day-period, the Secretary— 

12 ‘‘(1) provides to interested persons an oppor13 tunity to submit written data, recommendations, and 

14 arguments; and 

15 ‘‘(2) affirms, amends, or repeals the order, sub16 ject to the condition that an amended order shall not 

17 exceed a total duration of 90 days. 

18 ‘‘(d) PROTECTION AND SHARING OF CRITICAL ELEC19 TRIC INFRASTRUCTURE.— 

20 ‘‘(1) PROTECTION OF CRITICAL ELECTRIC IN21 FRASTRUCTURE.—Critical electric infrastructure in22 formation— 

23 ‘‘(A) shall be exempt from disclosure under 

24 section 552(b)(3) of title 5, United States Code; 

25 and 
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1 ‘‘(B) shall not be made available by any 

2 State, political subdivision, or tribal authority 

3 pursuant to any State, political subdivision, or 

4 tribal law requiring disclosure of information or 

5 records. 

6 ‘‘(2) DESIGNATION AND SHARING OF CRITICAL

7 ELECTRIC INFRASTRUCTURE INFORMATION.—Not 

8 later than 1 year after the date of enactment of this 

9 section, the Commission, in consultation with the 

10 Secretary of Energy, shall promulgate such regula11 tions and issue such orders as necessary— 

12 ‘‘(A) to designate critical electric infra13 structure information; 

14 ‘‘(B) to prohibit the unauthorized disclo15 sure of critical electric infrastructure informa16 tion; and 

17 ‘‘(C) to ensure there are appropriate sanc18 tions in place for Commissioners, officers, em19 ployees, or agents of the Commission who 

20 knowingly and willfully disclose critical electric 

21 infrastructure information in a manner that is 

22 not authorized under this section; 

23 ‘‘(3) CONSIDERATIONS.—In promulgating regu24 lations and issuing orders under paragraph (2), the 
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1 Commission shall take into consideration the role of 

2 State commissions in— 

3 ‘‘(A) reviewing the prudence and cost of 

4 investments; 

5 ‘‘(B) determining the rates and terms of 

6 conditions for electric services; and 

7 ‘‘(C) ensuring the safety and reliability of 

8 the bulk-power system and distribution facilities 

9 within the respective jurisdictions of the State 

10 commissions. 

11 ‘‘(4) NO REQUIRED SHARING OF INFORMA12 TION.—Nothing in this section requires a person or 

13 entity in possession of critical electric infrastructure 

14 information to share the information with Federal, 

15 State, political subdivision, or tribal authorities, or 

16 any other person or entity. 

17 ‘‘(5) DISCLOSURE OF NONCRITICAL ELECTRIC

18 INFRASTRUCTURE INFORMATION.—In carrying out 

19 this section, the Commission shall segregate critical 

20 electric infrastructure information within documents 

21 and electronic communications, wherever feasible, to 

22 facilitate disclosure of information that is not des23 ignated as critical electric infrastructure informa24 tion.’’. 
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1 SEC. 2002. ENHANCED GRID SECURITY. 

2 (a) DEFINITIONS.—In this section: 

3 (1) ELECTRIC UTILITY.—The term ‘‘electric 

4 utility’’ has the meaning given the term in section 

5 3 of the Federal Power Act (16 U.S.C. 796). 

6 (2) ES–ISAC.—The term ‘‘ES–ISAC’’ means 

7 the Electricity Sector Information Sharing and 

8 Analysis Center. 

9 (3) NATIONAL LABORATORY.—The term ‘‘Na10 tional Laboratory’’ has the meaning given the term 

11 in section 2 of the Energy Policy Act of 2005 (42 

12 U.S.C. 15801). 

13 (4) SECTOR-SPECIFIC AGENCY.—The term 

14 ‘‘Sector-Specific Agency’’ has the meaning given the 

15 term in the Presidential policy directive entitled 

16 ‘‘Critical Infrastructure Security and Resilience’’, 

17 numbered 21, and dated February 12, 2013. 

18 (b) SECTOR-SPECIFIC AGENCY FOR CYBERSECURITY

19 FOR THE ENERGY SECTOR.— 

20 (1) IN GENERAL.—The Department shall be the 

21 lead Sector-Specific Agency for cybersecurity for the 

22 energy sector. 

23 (2) DUTIES.—As the designated Sector-Specific 

24 Agency for cybersecurity, the duties of the Depart25 ment shall include— 
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1 (A) coordinating with the Department of 

2 Homeland Security and other relevant Federal 

3 departments and agencies; 

4 (B) collaborating with— 

5 (i) critical infrastructure owners and 

6 operators; and 

7 (ii) as appropriate— 

8 (I) independent regulatory agen9 cies; and 

10 (II) State, local, tribal and terri11 torial entities; 

12 (C) serving as a day-to-day Federal inter13 face for the dynamic prioritization and coordi14 nation of sector-specific activities; 

15 (D) carrying out incident management re16 sponsibilities consistent with applicable law (in17 cluding regulations) and other appropriate poli18 cies or directives; 

19 (E) providing, supporting, or facilitating 

20 technical assistance and consultations for the 

21 energy sector to identify vulnerabilities and help 

22 mitigate incidents, as appropriate; and 

23 (F) supporting the reporting requirements 

24 of the Department of Homeland Security under 

25 applicable law by providing, on an annual basis, 
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1 sector-specific critical infrastructure informa2 tion. 

3 (c) CYBERSECURITY FOR THE ENERGY SECTOR RE4 SEARCH, DEVELOPMENT, AND DEMONSTRATION PRO5 GRAM.— 

6 (1) IN GENERAL.—The Secretary, in consulta7 tion with appropriate Federal agencies, the energy 

8 sector, the States, and other stakeholders, shall 

9 carry out a program— 

10 (A) to develop advanced cybersecurity ap11 plications and technologies for the energy sec12 tor— 

13 (i) to identify and mitigate 

14 vulnerabilities, including— 

15 (I) dependencies on other critical 

16 infrastructure; and 

17 (II) impacts from weather and 

18 fuel supply; and 

19 (ii) to advance the security of field de20 vices and third-party control systems, in21 cluding— 

22 (I) systems for generation, trans23 mission, distribution, end use, and 

24 market functions; 
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1 (II) specific electric grid elements 

2 including advanced metering, demand 

3 response, distributed generation, and 

4 electricity storage; 

5 (III) forensic analysis of infected 

6 systems; and 

7 (IV) secure communications; 

8 (B) to leverage electric grid architecture as 

9 a means to assess risks to the energy sector, in10 cluding by implementing an all-hazards ap11 proach to communications infrastructure, con12 trol systems architecture, and power systems 

13 architecture; 

14 (C) to perform pilot demonstration projects 

15 with the energy sector to gain experience with 

16 new technologies; and 

17 (D) to develop workforce development cur18 ricula for energy sector-related cybersecurity. 

19 (2) AUTHORIZATION OF APPROPRIATIONS.— 

20 There is authorized to be appropriated to carry out 

21 this subsection $65,000,000 for each of fiscal years 

22 2017 through 2025. 

23 (d) ENERGY SECTOR COMPONENT TESTING FOR

24 CYBERRESILIENCE PROGRAM.— 
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1 (1) IN GENERAL.—The Secretary shall carry 

2 out a program— 

3 (A) to establish a cybertesting and mitiga4 tion program to identify vulnerabilities of en5 ergy sector supply chain products to known 

6 threats; 

7 (B) to oversee third-party cybertesting; 

8 and 

9 (C) to develop procurement guidelines for 

10 energy sector supply chain components. 

11 (2) AUTHORIZATION OF APPROPRIATIONS.— 

12 There is authorized to be appropriated to carry out 

13 this subsection $15,000,000 for each of fiscal years 

14 2017 through 2025. 

15 (e) ENERGY SECTOR OPERATIONAL SUPPORT FOR

16 CYBERRESILIENCE PROGRAM.— 

17 (1) IN GENERAL.—The Secretary may carry out 

18 a program— 

19 (A) to enhance and periodically test— 

20 (i) the emergency response capabilities 

21 of the Department; and 

22 (ii) the coordination of the Depart23 ment with other agencies, the National 

24 Laboratories, and private industry; 
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1 (B) to expand cooperation of the Depart2 ment with the intelligence communities for en3 ergy sector-related threat collection and anal4 ysis; 

5 (C) to enhance the tools of the Department 

6 and ES–ISAC for monitoring the status of the 

7 energy sector; 

8 (D) to expand industry participation in 

9 ES–ISAC; and 

10 (E) to provide technical assistance to small 

11 electric utilities for purposes of assessing 

12 cybermaturity level. 

13 (2) AUTHORIZATION OF APPROPRIATIONS.— 

14 There is authorized to be appropriated to carry out 

15 this subsection $10,000,000 for each of fiscal years 

16 2017 through 2025. 

17 (f) MODELING AND ASSESSING ENERGY INFRA18 STRUCTURE RISK.— 

19 (1) IN GENERAL.—The Secretary shall develop 

20 an advanced energy security program to secure en21 ergy networks, including electric, natural gas, and 

22 oil exploration, transmission, and delivery. 

23 (2) SECURITY AND RESILIENCY OBJECTIVE.— 

24 The objective of the program developed under para25 graph (1) is to increase the functional preservation 
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1 of the electric grid operations or natural gas and oil 

2 operations in the face of natural and human-made 

3 threats and hazards, including electric magnetic 

4 pulse and geomagnetic disturbances. 

5 (3) ELIGIBLE ACTIVITIES.—In carrying out the 

6 program developed under paragraph (1), the Sec7 retary may— 

8 (A) develop capabilities to identify 

9 vulnerabilities and critical components that pose 

10 major risks to grid security if destroyed or im11 paired; 

12 (B) provide modeling at the national level 

13 to predict impacts from natural or human-made 

14 events; 

15 (C) develop a maturity model for physical 

16 security and cybersecurity; 

17 (D) conduct exercises and assessments to 

18 identify and mitigate vulnerabilities to the elec19 tric grid, including providing mitigation rec20 ommendations; 

21 (E) conduct research hardening solutions 

22 for critical components of the electric grid; 

23 (F) conduct research mitigation and recov24 ery solutions for critical components of the elec25 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 2017 through 2025. 

8 (g) 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 (h) 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 MODERNIZA11 TION. 

12 (a) REAFFIRMATION OF POLICY.—Congress reaf13 firms the continuing strategic importance and need for the 

14 Strategic Petroleum Reserve as found and declared in sec15 tion 151 of the Energy Policy and Conservation Act (42 

16 U.S.C. 6231). 

17 (b) SPR PETROLEUM ACCOUNT.—Section 167(b) of 

18 the Energy Policy and Conservation Act (42 U.S.C. 

19 6247(b)) is amended to read as follows: 

20 ‘‘(b) OBLIGATION OF FUNDS FOR THE ACQUISITION, 

21 TRANSPORTATION, AND INJECTION OF PETROLEUM

22 PRODUCTS INTO SPR AND FOR OTHER PURPOSES.— 

23 ‘‘(1) PURPOSES.—Amounts in the Account may 

24 be obligated by the Secretary of Energy for— 
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1 ‘‘(A) the acquisition, transportation, and 

2 injection of petroleum products into the Re3 serve; 

4 ‘‘(B) test sales of petroleum products from 

5 the Reserve; 

6 ‘‘(C) the drawdown, sale, and delivery of 

7 petroleum products from the Reserve; 

8 ‘‘(D) the construction, maintenance, re9 pair, and replacement of storage facilities and 

10 related facilities; and 

11 ‘‘(E) carrying out non-Reserve projects 

12 needed to enhance the energy security of the 

13 United States by increasing the resilience, reli14 ability, safety, and security of energy supply, 

15 transmission, storage, or distribution infrastruc16 ture. 

17 ‘‘(2) AMOUNTS.—Amounts in the Account may 

18 be obligated by the Secretary of Energy for purposes 

19 of paragraph (1), in the case of any fiscal year— 

20 ‘‘(A) subject to section 660 of the Depart21 ment of Energy Organization Act (42 U.S.C. 

22 7270), in such aggregate amounts as may be 

23 appropriated in advance in appropriations Acts; 

24 and 
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1 ‘‘(B) notwithstanding section 660 of the 

2 Department of Energy Organization Act (42 

3 U.S.C. 7270), in an aggregate amount equal to 

4 the aggregate amount of the receipts to the 

5 United States from the sale of petroleum prod6 ucts in any drawdown and a distribution of the 

7 Reserve under section 161, including— 

8 ‘‘(i) a drawdown and distribution car9 ried out under subsection (g) of that sec10 tion; or 

11 ‘‘(ii) from the sale of petroleum prod12 ucts under section 160(f). 

13 ‘‘(3) AVAILABILITY OF FUNDS.—Funds avail14 able to the Secretary of Energy for obligation under 

15 this subsection may remain available without fiscal 

16 year limitation.’’. 

17 (c) DEFINITION OF RELATED FACILITY.—Section 

18 152(8) of the Energy Policy and Conservation Act (42 

19 U.S.C. 6232(8)) is amended by inserting ‘‘terminals,’’ 

20 after ‘‘reservoirs,’’. 

21 SEC. 2102. STRATEGIC PETROLEUM RESERVE DRAWDOWN 

22 AND SALE. 

23 Section 403 of the Bipartisan Budget Act of 2015 

24 (Public Law 114–74; 129 Stat. 589) is amended by add25 ing at the end the following: 
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1 ‘‘(d) INCREASE; LIMITATION.— 

2 ‘‘(1) INCREASE.—The Secretary of Energy may 

3 increase the drawdown and sales under paragraphs 

4 (1) through (8) of subsection (a) as the Secretary of 

5 Energy determines to be appropriate to maximize 

6 the financial return to United States taxpayers. 

7 ‘‘(2) LIMITATION.—The Secretary of Energy 

8 shall not drawdown or conduct sales of crude oil 

9 under this section after the date on which a total of 

10 $5,050,000,000 has been deposited in the general 

11 fund of the Treasury from sales authorized under 

12 this section.’’. 

13 Subtitle C—Trade 

14 SEC. 2201. ACTION ON APPLICATIONS TO EXPORT LIQUE15 FIED NATURAL GAS. 

16 (a) DECISION DEADLINE.—For proposals that must 

17 also obtain authorization from the Federal Energy Regu18 latory Commission or the Maritime Administration to site, 

19 construct, expand, or operate liquefied natural gas export 

20 facilities, the Secretary shall issue a final decision on any 

21 application for the authorization to export natural gas 

22 under section 3(a) of the Natural Gas Act (15 U.S.C. 

23 717b(a)) not later than 45 days after the later of— 

24 (1) the conclusion of the review to site, con25 struct, expand, or operate the liquefied natural gas 
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1 export facilities required by the National Environ2 mental Policy Act of 1969 (42 U.S.C. 4321 et seq.); 

3 or 

4 (2) the date of enactment of this Act. 

5 (b) CONCLUSION OF REVIEW.—For purposes of sub6 section (a), review required by the National Environ7 mental Policy Act of 1969 (42 U.S.C. 4321 et seq.) shall 

8 be considered concluded when the lead agency— 

9 (1) for a project requiring an Environmental 

10 Impact Statement, publishes a Final Environmental 

11 Impact Statement; 

12 (2) for a project for which an Environmental 

13 Assessment has been prepared, publishes a Finding 

14 of No Significant Impact; or 

15 (3) determines that an application is eligible for 

16 a categorical exclusion pursuant to National Envi17 ronmental Policy Act of 1969 (42 U.S.C. 4321 et 

18 seq.) implementing regulations. 

19 (c) JUDICIAL REVIEW.— 

20 (1) IN GENERAL.—Except for review in the Su21 preme Court, the United States Court of Appeals for 

22 the District of Columbia Circuit or the circuit in 

23 which the liquefied natural gas export facility will be 

24 located pursuant to an application described in sub-
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1 section (a) shall have original and exclusive jurisdic2 tion over any civil action for the review of— 

3 (A) an order issued by the Secretary with 

4 respect to such application; or 

5 (B) the failure of the Secretary to issue a 

6 final decision on such application. 

7 (2) ORDER.—If the Court in a civil action de8 scribed in paragraph (1) finds that the Secretary 

9 has failed to issue a final decision on the application 

10 as required under subsection (a), the Court shall 

11 order the Secretary to issue the final decision not 

12 later than 30 days after the order of the Court. 

13 (3) EXPEDITED CONSIDERATION.—The Court 

14 shall— 

15 (A) set any civil action brought under this 

16 subsection for expedited consideration; and 

17 (B) set the matter on the docket as soon 

18 as practicable after the filing date of the initial 

19 pleading. 

20 (4) TRANSFERS.—In the case of an application 

21 described in subsection (a) for which a petition for 

22 review has been filed— 

23 (A) upon motion by an applicant, the mat24 ter shall be transferred to the United States 

25 Court of Appeals for the District of Columbia 
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1 Circuit or the circuit in which a liquefied nat2 ural gas export facility will be located pursuant 

3 to an application described in section 3(a) of 

4 the Natural Gas Act (15 U.S.C. 717b(a)); and 

5 (B) the provisions of this section shall 

6 apply. 

7 SEC. 2202. PUBLIC DISCLOSURE OF LIQUEFIED NATURAL 

8 GAS EXPORT DESTINATIONS. 

9 Section 3 of the Natural Gas Act (15 U.S.C. 717b) 

10 is amended by adding at the end the following: 

11 ‘‘(g) PUBLIC DISCLOSURE OF LNG EXPORT DES12 TINATIONS.— 

13 ‘‘(1) IN GENERAL.—In the case of any author14 ization to export liquefied natural gas, the Secretary 

15 of Energy shall require the applicant to report to the 

16 Secretary of Energy the names of the 1 or more 

17 countries of destination to which the exported lique18 fied natural gas is delivered. 

19 ‘‘(2) TIMING.—The applicant shall file the re20 port required under paragraph (1) not later than— 

21 ‘‘(A) in the case of the first export, the 

22 last day of the month following the month of 

23 the first export; and 

24 ‘‘(B) in the case of subsequent exports, the 

25 date that is 30 days after the last day of the 
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1 applicable month concerning the activity of the 

2 previous month. 

3 ‘‘(3) DISCLOSURE.—The Secretary of Energy 

4 shall publish the information reported under this 

5 subsection on the website of the Department of En6 ergy and otherwise make the information available 

7 to the public.’’. 

8 SEC. 2203. ENERGY DATA COLLABORATION. 

9 (a) IN GENERAL.—The Administrator of the Energy 

10 Information Administration (referred to in this section as 

11 the ‘‘Administrator’’) shall collaborate with the appro12 priate officials in Canada and Mexico, as determined by 

13 the Administrator, to improve— 

14 (1) the quality and transparency of energy data 

15 in North America through reconciliation of data on 

16 energy trade flows among the United States, Can17 ada, and Mexico; 

18 (2) the extension of energy mapping capabilities 

19 in the United States, Canada, and Mexico; and 

20 (3) the development of common energy data 

21 terminology among the United States, Canada, and 

22 Mexico. 

23 (b) PERIODIC UPDATES.—The Administrator shall 

24 periodically submit to the Committee on Energy and Nat25 ural Resources of the Senate and the Committee on En-
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1 ergy and Commerce of the House of Representatives an 

2 update on— 

3 (1) the extent to which energy data is being 

4 shared under subsection (a); and 

5 (2) whether forward-looking projections for re6 gional energy flows are improving in accuracy as a 

7 result of the energy data sharing under that sub8 section. 

9 Subtitle D—Electricity and Energy 

10 Storage 

11 SEC. 2301. GRID STORAGE PROGRAM. 

12 (a) IN GENERAL.—The Secretary shall conduct a 

13 program of research, development, and demonstration of 

14 electric grid energy storage that addresses the principal 

15 challenges identified in the 2013 Department of Energy 

16 Strategic Plan for Grid Energy Storage. 

17 (b) AREAS OF FOCUS.—The program under this sec18 tion shall focus on— 

19 (1) materials, electric thermal, 

20 electromechanical, and electrochemical systems re21 search; 

22 (2) power conversion technologies research; 

23 (3) developing— 

24 (A) empirical and science-based industry 

25 standards to compare the storage capacity, 
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1 cycle length and capabilities, and reliability of 

2 different types of electricity storage; and 

3 (B) validation and testing techniques; 

4 (4) other fundamental and applied research 

5 critical to widespread deployment of electricity stor6 age; 

7 (5) device development that builds on results 

8 from research described in paragraphs (1), (2), and 

9 (4), including combinations of power electronics, ad10 vanced optimizing controls, and energy storage as a 

11 general purpose element of the electric grid; 

12 (6) grid-scale testing and analysis of storage 

13 devices, including test-beds and field trials; 

14 (7) cost-benefit analyses that inform capital ex15 penditure planning for regulators and owners and 

16 operators of components of the electric grid; 

17 (8) electricity storage device safety and reli18 ability, including potential failure modes, mitigation 

19 measures, and operational guidelines; 

20 (9) standards for storage device performance, 

21 control interface, grid interconnection, and inter22 operability; and 

23 (10) maintaining a public database of energy 

24 storage projects, policies, codes, standards, and reg25 ulations. 
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1 (c) ASSISTANCE TO STATES.—The Secretary may 

2 provide technical and financial assistance to States, Indian 

3 tribes, or units of local government to participate in or 

4 use research, development, or deployment of technology 

5 developed under this section. 

6 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 

7 authorized to be appropriated to the Secretary to carry 

8 out this section $50,000,000 for each of fiscal years 2017 

9 through 2026. 

10 (e) NO EFFECT ON OTHER PROVISIONS OF LAW.— 

11 Nothing in this subtitle or an amendment made by this 

12 subtitle authorizes regulatory actions that would duplicate 

13 or conflict with regulatory requirements, mandatory 

14 standards, or related processes under section 215 of the 

15 Federal Power Act (16 U.S.C. 824o). 

16 (f) USE OF FUNDS.—To the maximum extent prac17 ticable, in carrying out this section, the Secretary shall 

18 ensure that the use of funds to carry out this section is 

19 coordinated among different offices within the Grid Mod20 ernization Initiative of the Department and other pro21 grams conducting energy storage research. 

22 SEC. 2302. ELECTRIC SYSTEM GRID ARCHITECTURE, SCE23 NARIO DEVELOPMENT, AND MODELING. 

24 (a) GRID ARCHITECTURE AND SCENARIO DEVELOP25 MENT.— 
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1 (1) IN GENERAL.—Subject to paragraph (2), 

2 the Secretary shall establish and facilitate a collabo3 rative process to develop model grid architecture and 

4 a set of future scenarios for the electric system to 

5 examine the impacts of different combinations of re6 sources (including different quantities of distributed 

7 energy resources and large-scale, central generation) 

8 on the electric grid. 

9 (2) MARKET STRUCTURE.—The grid architec10 ture and scenarios developed under paragraph (1) 

11 shall account for differences in market structure, in12 cluding an examination of the potential for stranded 

13 costs in each type of market structure. 

14 (3) FINDINGS.—Based on the findings of grid 

15 architecture developed under paragraph (1), the Sec16 retary shall— 

17 (A) determine whether any additional 

18 standards are necessary to ensure the interoper19 ability of grid systems and associated commu20 nications networks; and 

21 (B) if the Secretary makes a determination 

22 that additional standards are necessary under 

23 subparagraph (A), make recommendations for 

24 additional standards, including, as may be ap25 propriate, to the Electric Reliability Organiza-
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1 tion under section 215 of the Federal Power 

2 Act (16 U.S.C. 824o). 

3 (b) MODELING.—Subject to subsection (c), the Sec4 retary shall— 

5 (1) conduct modeling based on the scenarios de6 veloped under subsection (a); and 

7 (2) analyze and evaluate the technical and fi8 nancial impacts of the models to assist States, utili9 ties, and other stakeholders in— 

10 (A) enhancing strategic planning efforts; 

11 (B) avoiding stranded costs; and 

12 (C) maximizing the cost-effectiveness of fu13 ture grid-related investments. 

14 (c) INPUT.—The Secretary shall develop the sce15 narios and conduct the modeling and analysis under sub16 sections (a) and (b) with participation or input, as appro17 priate, from— 

18 (1) the National Laboratories; 

19 (2) States; 

20 (3) State regulatory authorities; 

21 (4) transmission organizations; 

22 (5) representatives of the electric industry; 

23 (6) academic institutions; 

24 (7) independent research institutes; and 

25 (8) other entities. 
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1 SEC. 2303. HYBRID MICRO-GRID SYSTEMS FOR ISOLATED 

2 AND RESILIENT COMMUNITIES. 

3 (a) DEFINITIONS.—In this section: 

4 (1) HYBRID MICRO-GRID SYSTEM.—The term 

5 ‘‘hybrid micro-grid system’’ means a stand-alone 

6 electrical system that— 

7 (A) is comprised of conventional generation 

8 and at least 1 alternative energy resource; and 

9 (B) may use grid-scale energy storage. 

10 (2) ISOLATED COMMUNITY.—The term ‘‘iso11 lated community’’ means a community that is pow12 ered by a stand-alone electric generation and dis13 tribution system without the economic and reliability 

14 benefits of connection to a regional electric grid. 

15 (3) MICRO-GRID SYSTEM.—The term ‘‘micro16 grid system’’ means a standalone electrical system 

17 that uses grid-scale energy storage. 

18 (4) STRATEGY.—The term ‘‘strategy’’ means 

19 the strategy developed pursuant to subsection 

20 (b)(2)(B). 

21 (b) PROGRAM.— 

22 (1) ESTABLISHMENT.—The Secretary shall es23 tablish a program to promote the development of— 

24 (A) hybrid micro-grid systems for isolated 

25 communities; and 
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1 (B) micro-grid systems to increase the re2 silience of critical infrastructure. 

3 (2) PHASES.—The program established under 

4 paragraph (1) shall be divided into the following 

5 phases: 

6 (A) Phase I, which shall consist of the de7 velopment of a feasibility assessment for— 

8 (i) hybrid micro-grid systems in iso9 lated communities; and 

10 (ii) micro-grid systems to enhance the 

11 resilience of critical infrastructure. 

12 (B) Phase II, which shall consist of the de13 velopment of an implementation strategy, in ac14 cordance with paragraph (3), to promote the 

15 development of hybrid micro-grid systems for 

16 isolated communities, particularly for those 

17 communities exposed to extreme weather condi18 tions and high energy costs, including elec19 tricity, space heating and cooling, and transpor20 tation. 

21 (C) Phase III, which shall be carried out 

22 in parallel with Phase II and consist of the de23 velopment of an implementation strategy to 

24 promote the development of micro-grid systems 
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1 that increase the resilience of critical infrastruc2 ture. 

3 (D) Phase IV, which shall consist of cost4 shared demonstration projects, based upon the 

5 strategies developed under subparagraph (B) 

6 that include the development of physical and cy7 bersecurity plans to take appropriate measures 

8 to protect and secure the electric grid. 

9 (E) Phase V, which shall establish a bene10 fits analysis plan to help inform regulators, pol11 icymakers, and industry stakeholders about the 

12 affordability, environmental and resilience bene13 fits associated with Phases II, III and IV. 

14 (3) REQUIREMENTS FOR STRATEGY.—In devel15 oping the strategy under paragraph (2)(B), the Sec16 retary shall consider— 

17 (A) establishing future targets for the eco18 nomic displacement of conventional generation 

19 using hybrid micro-grid systems, including dis20 placement of conventional generation used for 

21 electric power generation, heating and cooling, 

22 and transportation; 

23 (B) the potential for renewable resources, 

24 including wind, solar, and hydropower, to be in25 tegrated into a hybrid micro-grid system; 
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1 (C) opportunities for improving the effi2 ciency of existing hybrid micro-grid systems; 

3 (D) the capacity of the local workforce to 

4 operate, maintain, and repair a hybrid micro5 grid system; 

6 (E) opportunities to develop the capacity of 

7 the local workforce to operate, maintain, and 

8 repair a hybrid micro-grid system; 

9 (F) leveraging existing capacity within 

10 local or regional research organizations, such as 

11 organizations based at institutions of higher 

12 education, to support development of hybrid 

13 micro-grid systems, including by testing novel 

14 components and systems prior to field deploy15 ment; 

16 (G) the need for basic infrastructure to de17 velop, deploy, and sustain a hybrid micro-grid 

18 system; 

19 (H) input of traditional knowledge from 

20 local leaders of isolated communities in the de21 velopment of a hybrid micro-grid system; 

22 (I) the impact of hybrid micro-grid systems 

23 on defense, homeland security, economic devel24 opment, and environmental interests; 
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1 (J) opportunities to leverage existing inter2 agency coordination efforts and recommenda3 tions for new interagency coordination efforts to 

4 minimize unnecessary overhead, mobilization, 

5 and other project costs; and 

6 (K) any other criteria the Secretary deter7 mines appropriate. 

8 (c) COLLABORATION.—The program established 

9 under subsection (b)(1) shall be carried out in collabora10 tion with relevant stakeholders, including, as appro11 priate— 

12 (1) States; 

13 (2) Indian tribes; 

14 (3) regional entities and regulators; 

15 (4) units of local government; 

16 (5) institutions of higher education; and 

17 (6) private sector entities. 

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

19 of enactment of this Act, and annually thereafter, the Sec20 retary shall submit to the Committee on Energy and Nat21 ural Resources of the Senate and the Committee on En22 ergy and Commerce of the House of Representatives a re23 port on the efforts to implement the program established 

24 under subsection (b)(1) and the status of the strategy de25 veloped under subsection (b)(2)(B). 
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1 SEC. 2304. VOLUNTARY MODEL PATHWAYS. 

2 (a) ESTABLISHMENT OF VOLUNTARY MODEL PATH3 WAYS.— 

4 (1) ESTABLISHMENT.—Not later than 90 days 

5 after the date of enactment of this Act, the Sec6 retary shall initiate the development of voluntary 

7 model pathways for modernizing the electric grid 

8 through a collaborative, public-private effort that— 

9 (A) produces illustrative policy pathways 

10 that can be adapted for State and regional ap11 plications by regulators and policymakers; 

12 (B) facilitates the modernization of the 

13 electric grid to achieve the objectives described 

14 in paragraph (2); 

15 (C) ensures a reliable, resilient, affordable, 

16 safe, and secure electric system; and 

17 (D) acknowledges and provides for dif18 ferent priorities, electric systems, and rate 

19 structures across States and regions. 

20 (2) OBJECTIVES.—The pathways established 

21 under paragraph (1) shall facilitate achievement of 

22 the following objectives: 

23 (A) Near real-time situational awareness of 

24 the electric system. 

25 (B) Data visualization. 
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1 (C) Advanced monitoring and control of 

2 the advanced electric grid. 

3 (D) Enhanced certainty for private invest4 ment in the electric system. 

5 (E) Increased innovation. 

6 (F) Greater consumer empowerment. 

7 (G) Enhanced grid resilience, reliability, 

8 and robustness. 

9 (H) Improved— 

10 (i) integration of distributed energy 

11 resources; 

12 (ii) interoperability of the electric sys13 tem; and 

14 (iii) predictive modeling and capacity 

15 forecasting. 

16 (3) STEERING COMMITTEE.—Not later than 90 

17 days after the date of enactment of this Act, the 

18 Secretary shall establish a steering committee to fa19 cilitate the development of the pathways under para20 graph (1), to be composed of members appointed by 

21 the Secretary, consisting of persons with appropriate 

22 expertise representing a diverse range of interests in 

23 the public, private, and academic sectors, including 

24 representatives of— 

25 (A) the Smart Grid Task Force; and 
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1 (B) the Smart Grid Advisory Committee. 

2 (b) TECHNICAL ASSISTANCE.—The Secretary may 

3 provide technical assistance to States, Indian tribes, or 

4 units of local government to adopt 1 or more elements of 

5 the pathways developed under subsection (a)(1). 

6 SEC. 2305. PERFORMANCE METRICS FOR ELECTRICITY IN7 FRASTRUCTURE PROVIDERS. 

8 (a) IN GENERAL.—Not later than 2 years after the 

9 date of enactment of this Act, the Secretary shall submit 

10 to the appropriate committees of Congress a report that 

11 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 quantified costs and 

15 benefits associated with the changes evaluated under 

16 the scenarios developed under section 2302. 

17 (b) CONSIDERATIONS FOR DEVELOPMENT OF

18 METRICS.—In developing metrics for evaluating and 

19 quantifying the electric grid under subsection (a), the Sec20 retary shall consider— 

21 (1) standard methodologies for calculating im22 provements or deteriorations in the performance 

23 metrics, such as reliability, grid efficiency, power 

24 quality, consumer satisfaction, sustainability, and fi25 nancial incentives; 
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1 (2) standard methodologies for calculating value 

2 to ratepayers, including broad economic and related 

3 impacts from improvements to the performance 

4 metrics; 

5 (3) appropriate ownership and operating roles 

6 for electric utilities that would enable improved per7 formance through the adoption of emerging, com8 mercially available or advanced grid technologies or 

9 solutions, including— 

10 (A) multicustomer micro-grids; 

11 (B) distributed energy resources; 

12 (C) energy storage; 

13 (D) electric vehicles; 

14 (E) electric vehicle charging infrastructure; 

15 (F) integrated information and commu16 nications systems; 

17 (G) transactive energy systems; and 

18 (H) advanced demand management sys19 tems; and 

20 (4) with respect to States, the role of the grid 

21 operator in enabling a robust future electric system 

22 to ensure that— 

23 (A) electric utilities remain financially via24 ble; 
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1 (B) electric utilities make the needed in2 vestments that ensure a reliable, secure, and re3 silient grid; and 

4 (C) costs incurred to transform to an inte5 grated grid are allocated and recovered respon6 sibly, efficiently, and equitably. 

7 SEC. 2306. STATE AND REGIONAL ELECTRICITY DISTRIBU8 TION PLANNING. 

9 (a) IN GENERAL.—Upon the request of a State or 

10 regional organization, the Secretary shall partner with 

11 States and regional organizations to facilitate the develop12 ment of State and regional electricity distribution plans 

13 by— 

14 (1) conducting a resource assessment and anal15 ysis of future demand and distribution requirements; 

16 and 

17 (2) developing open source tools for State and 

18 regional planning and operations. 

19 (b) RISK AND SECURITY ANALYSIS.—The assessment 

20 under subsection (a)(1) shall include— 

21 (1) the evaluation of the physical and cyberse22 curity needs of an advanced distribution manage23 ment system and the integration of distributed en24 ergy resources; and 
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1 (2) advanced use of grid architecture to analyze 

2 risks in an all-hazards approach that includes com3 munications infrastructure, control systems architec4 ture, and power systems architecture. 

5 (c) TECHNICAL ASSISTANCE.—For the purpose of de6 veloping State and regional electricity distribution plans, 

7 the Secretary shall provide technical assistance to— 

8 (1) States; 

9 (2) regional reliability entities; and 

10 (3) other distribution asset owners and opera11 tors. 

12 SEC. 2307. AUTHORIZATION OF APPROPRIATIONS. 

13 There is authorized to be appropriated to the Sec14 retary to carry out sections 2302 through 2307 

15 $200,000,000 for each of fiscal years 2017 through 2026. 

16 SEC. 2308. ELECTRIC TRANSMISSION INFRASTRUCTURE 

17 PERMITTING. 

18 (a) INTERAGENCY RAPID RESPONSE TEAM FOR

19 TRANSMISSION.— 

20 (1) ESTABLISHMENT.—There is established an 

21 interagency rapid response team, to be known as the 

22 ‘‘Interagency Rapid Response Team for Trans23 mission’’ (referred to in this subsection as the 

24 ‘‘Team’’), to expedite and improve the permitting 
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1 process for electric transmission infrastructure on 

2 Federal land and non-Federal land. 

3 (2) MISSION.—The mission of the Team shall 

4 be— 

5 (A) to improve the timeliness and effi6 ciency of electric transmission infrastructure 

7 permitting; and 

8 (B) to facilitate the performance of main9 tenance and upgrades to electric transmission 

10 lines on Federal land and non-Federal land. 

11 (3) MEMBERSHIP.—The Team shall be com12 prised of representatives of— 

13 (A) the Federal Energy Regulatory Com14 mission; 

15 (B) the Department; 

16 (C) the Department of the Interior; 

17 (D) the Department of Defense; 

18 (E) the Department of Agriculture; 

19 (F) the Council on Environmental Quality; 

20 (G) the Department of Commerce; 

21 (H) the Advisory Council on Historic Pres22 ervation; and 

23 (I) the Environmental Protection Agency. 

24 (4) DUTIES.—The Team shall— 
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1 (A) facilitate coordination and unified envi2 ronmental documentation among electric trans3 mission infrastructure project applicants, Fed4 eral agencies, States, and Indian tribes involved 

5 in the siting and permitting process; 

6 (B) establish clear timelines for the review 

7 and coordination of electric transmission infra8 structure projects by the applicable agencies; 

9 (C) ensure that each electric transmission 

10 infrastructure project is posted on the Federal 

11 permitting transmission tracking system known 

12 as ‘‘e-Trans’’, including information on the sta13 tus and anticipated completion date of each 

14 project; and 

15 (D) regularly notify all participating mem16 bers of the Team involved in any specific permit 

17 of— 

18 (i) any outstanding agency action that 

19 is required with respect to the permit; and 

20 (ii) any approval or required comment 

21 that has exceeded statutory or agency 

22 timelines for completion, including an iden23 tification of any Federal agency, depart24 ment, or field office that has not met the 

25 applicable timeline. 
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1 (5) ANNUAL REPORTS.—Annually, the Team 

2 shall submit to the Committee on Energy and Nat3 ural Resources of the Senate and the Committee on 

4 Energy and Commerce of the House of Representa5 tives a report that describes the average completion 

6 time for specific categories of regionally and nation7 ally significant transmission projects, based on infor8 mation obtained from the applicable Federal agen9 cies. 

10 (6) USE OF DATA BY OMB.—Using data pro11 vided by the Team, the Director of the Office of 

12 Management and Budget shall prioritize inclusion of 

13 individual electric transmission infrastructure 

14 projects on the website operated by the Office of 

15 Management and Budget in accordance with section 

16 1122 of title 31, United States Code. 

17 (b) TRANSMISSION OMBUDSPERSON.— 

18 (1) ESTABLISHMENT.—To enhance and ensure 

19 the reliability of the electric grid, there is established 

20 within the Council on Environmental Quality the po21 sition of Transmission Ombudsperson (referred to in 

22 this subsection as the ‘‘Ombudsperson’’), to provide 

23 a unified point of contact for— 
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1 (A) resolving interagency or intra-agency 

2 issues or delays with respect to electric trans3 mission infrastructure permits; and 

4 (B) receiving and resolving complaints 

5 from parties with outstanding or in-process ap6 plications relating to electric transmission infra7 structure. 

8 (2) DUTIES.—The Ombudsperson shall— 

9 (A) establish a process for— 

10 (i) facilitating the permitting process 

11 for performance of maintenance and up12 grades to electric transmission lines on 

13 Federal land and non-Federal land, with a 

14 special emphasis on facilitating access for 

15 immediate maintenance, repair, and vege16 tation management needs; 

17 (ii) resolving complaints filed with the 

18 Ombudsperson with respect to in-process 

19 electric transmission infrastructure per20 mits; and 

21 (iii) issuing recommended resolutions 

22 to address the complaints filed with the 

23 Ombudsperson; and 

24 (B) hear, compile, and share any com25 plaints filed with Ombudsperson relating to in- 
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1 process electric transmission infrastructure per2 mits. 

3 (c) AGREEMENTS.— 

4 (1) IN GENERAL.—The Secretary of the Inte5 rior, with respect to public lands (as defined in sec6 tion 103(e) of the Federal Land Policy and Manage7 ment Act (43 U.S.C. 1702(e)), and the Secretary of 

8 Agriculture, with respect to National Forest System 

9 land, shall provide for continuity of the existing use 

10 and occupancy for the transmission of electric en11 ergy by any Federal department or agency granted 

12 across public lands or National Forest System land. 

13 (2) AGREEMENTS.—The Secretary of the Inte14 rior or the Secretary of Agriculture, as applicable, 

15 within 30 days after receiving a request from the 

16 Federal department or agency administering the 

17 electric energy transmission facilities, shall, in con18 sultation with that department or agency, initiate 

19 agreements regarding the use and occupancy or 

20 right-of-way (including vegetation management 

21 agreements, where applicable). 

22 (d) GEOMATIC DATA.—If a Federal or State depart23 ment or agency considering an aspect of an application 

24 for Federal authorization requires the applicant to submit 

25 environmental data, the department or agency shall con-
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1 sider any such data gathered by geomatic techniques, in2 cluding tools and techniques used in land surveying, re3 mote sensing, cartography, geographic information sys4 tems, global navigation satellite systems, photogrammetry, 

5 geophysics, geography, or other remote means. 

6 SEC. 2309. REPORT BY TRANSMISSION ORGANIZATIONS ON 

7 DISTRIBUTED ENERGY RESOURCES AND 

8 MICRO-GRID SYSTEMS. 

9 (a) DEFINITIONS.—In this section: 

10 (1) DISTRIBUTED ENERGY RESOURCE.—The 

11 term ‘‘distributed energy resource’’ means an elec12 tricity supply resource that, as permitted by State 

13 law— 

14 (A)(i) is interconnected to the electric sys15 tem operated by a transmission organization at 

16 or below 69kV; and 

17 (ii) is subject to dispatch by the trans18 mission organization; and 

19 (B)(i) generates electricity using any pri20 mary energy source, including solar energy and 

21 other renewable resources; or 

22 (ii) stores energy and is capable of sup23 plying electricity to the electric system operated 

24 by the transmission organization from the stor25 age reservoir. 
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1 (2) ELECTRIC GENERATING CAPACITY RE2 SOURCE.—The term ‘‘electric generating capacity re3 source’’ means an electric generating resource, as 

4 measured by the maximum load-carrying ability of 

5 the resource, exclusive of station use and planned, 

6 unplanned, or other outage or derating, that is sub7 ject to dispatch by a transmission organization to 

8 meet the resource adequacy needs of the systems op9 erated by the transmission organization. 

10 (3) MICRO-GRID SYSTEM.—The term ‘‘micro11 grid system’’ means an electrically distinct system 

12 under common control that— 

13 (A) serves an electric load at or below 

14 69kV from a distributed energy resource or 

15 electric generating capacity resource; and 

16 (B) is subject to dispatch by a trans17 mission organization. 

18 (4) TRANSMISSION ORGANIZATION.—The term 

19 ‘‘transmission organization’’ has the meaning given 

20 the term in section 3 of the Federal Power Act (16 

21 U.S.C. 796). 

22 (b) REPORT.— 

23 (1) NOTICE.—Not later than 14 days after the 

24 date of enactment of this section, the Commission 

25 shall submit to each transmission organization no-
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1 tice that the transmission organization is required to 

2 file with the Commission a report in accordance with 

3 paragraph (2). 

4 (2) REPORT.—Not later than 180 days after 

5 the date on which a transmission organization re6 ceives a notice under paragraph (1), the trans7 mission organization shall submit to the Commission 

8 a report that— 

9 (A)(i) identifies distributed energy re10 sources and micro-grid systems that are subject 

11 to dispatch by the transmission organization as 

12 of the date of the report; and 

13 (ii) describes the fuel sources and oper14 ational characteristics of such distributed en15 ergy resources and micro-grid systems, includ16 ing, to the extent practicable, a discussion of 

17 the benefits and costs associated with the dis18 tributed energy resources and micro-grid sys19 tems identified under clause (i); 

20 (B) evaluates, with due regard for oper21 ational and economic benefits and costs, the po22 tential for distributed energy resources and 

23 micro-grid systems to be deployed to the trans24 mission organization over the short- and long- 
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1 term periods in the planning cycle of the trans2 mission organization; and 

3 (C) identifies— 

4 (i) over the short- and long-term peri5 ods in the planning cycle of the trans6 mission organization, barriers to the de7 ployment to the transmission organization 

8 of distributed energy resources and micro9 grid systems; and 

10 (ii) potential changes to the oper11 ational requirements for, or charges associ12 ated with, the interconnection of distrib13 uted energy resources and micro-grid sys14 tems to the transmission organization that 

15 would reduce the barriers identified under 

16 clause (i). 

17 SEC. 2310. NET METERING STUDY GUIDANCE. 

18 Title XVIII of Energy Policy Act of 2005 (Public 

19 Law 109–58; 119 Stat. 1122) is amended by adding at 

20 the end the following: 

21 ‘‘SEC. 1841. NET ENERGY METERING STUDY. 

22 ‘‘(a) IN GENERAL.—Not later than 180 days after 

23 the date of enactment of this Act, the Secretary shall— 
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1 ‘‘(1) issue guidance on criteria required to be 

2 included in studies of net metering conducted by the 

3 Department; and 

4 ‘‘(2) undertake a study of net energy metering. 

5 ‘‘(b) REQUIREMENTS AND CONTENTS.—The model 

6 guidance issued under subsection (a) shall clarify without 

7 prejudice to other study criteria that any study of net en8 ergy metering, including the study conducted by the De9 partment under subsection (a) shall— 

10 ‘‘(1) be publicly available; and 

11 ‘‘(2) assess benefits and costs of net energy me12 tering, including— 

13 ‘‘(A) load data, including hourly profiles; 

14 ‘‘(B) distributed generation production 

15 data; 

16 ‘‘(C) best available technology, including 

17 inverter capability; and 

18 ‘‘(D) benefits and costs of distributed en19 ergy deployment, including— 

20 ‘‘(i) environmental benefits; 

21 ‘‘(ii) changes in electric system reli22 ability; 

23 ‘‘(iii) changes in peak power require24 ments; 
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1 ‘‘(iv) provision of ancillary services, 

2 including reactive power; 

3 ‘‘(v) changes in power quality; 

4 ‘‘(vi) changes in land-use effects; 

5 ‘‘(vii) changes in right-of-way acquisi6 tion costs; 

7 ‘‘(viii) changes in vulnerability to ter8 rorism; and 

9 ‘‘(ix) changes in infrastructure resil10 ience.’’. 

11 SEC. 2312. MODEL GUIDANCE FOR COMBINED HEAT AND 

12 POWER SYSTEMS AND WASTE HEAT TO 

13 POWER SYSTEMS. 

14 (a) DEFINITIONS.—In this section: 

15 (1) ADDITIONAL SERVICES.—The term ‘‘addi16 tional services’’ means the provision of supple17 mentary power, backup or standby power, mainte18 nance power, or interruptible power to an electric 

19 consumer by an electric utility. 

20 (2) WASTE HEAT TO POWER SYSTEM.— 

21 (A) IN GENERAL.—The term ‘‘waste heat 

22 to power system’’ means a system that gen23 erates electricity through the recovery of waste 

24 energy. 
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1 (B) EXCLUSION.—The term ‘‘waste heat 

2 to power system’’ does not include a system 

3 that generates electricity through the recovery 

4 of a heat resource from a process the primary 

5 purpose of which is the generation of electricity 

6 using a fossil fuel. 

7 (3) OTHER TERMS.— 

8 (A) PURPA.—The terms ‘‘electric con9 sumer’’, ‘‘electric utility’’, ‘‘interconnection 

10 service’’, ‘‘nonregulated electric utility’’, and 

11 ‘‘State regulatory authority’’ have the meanings 

12 given those terms in the Public Utility Regu13 latory Policies Act of 1978 (16 U.S.C. 2601 et 

14 seq.), within the meaning of title I of that Act 

15 (16 U.S.C. 2611 et seq.). 

16 (B) EPCA.—The terms ‘‘combined heat 

17 and power system’’ and ‘‘waste energy’’ have 

18 the meanings given those terms in section 371 

19 of the Energy Policy and Conservation Act (42 

20 U.S.C. 6341). 

21 (b) REVIEW.— 

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

23 after the date of enactment of this Act, the Sec24 retary, in consultation with the Federal Energy Reg25 ulatory Commission and other appropriate entities, 
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1 shall review existing rules and procedures relating to 

2 interconnection service and additional services 

3 throughout the United States for electric generation 

4 with nameplate capacity up to 20 megawatts to 

5 identify barriers to the deployment of combined heat 

6 and power systems and waste heat to power systems. 

7 (2) INCLUSION.—The review under this sub8 section shall include a review of existing rules and 

9 procedures relating to— 

10 (A) determining and assigning costs of 

11 interconnection service and additional services; 

12 and 

13 (B) ensuring adequate cost recovery by an 

14 electric utility for interconnection service and 

15 additional services. 

16 (c) MODEL GUIDANCE.— 

17 (1) IN GENERAL.—Not later than 18 months 

18 after the date of enactment of this Act, the Sec19 retary, in consultation with the Federal Energy Reg20 ulatory Commission and other appropriate entities, 

21 shall issue model guidance for interconnection serv22 ice and additional services for use by State regu23 latory authorities and nonregulated electric utilities 

24 to reduce the barriers identified under subsection 

25 (b)(1). 
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1 (2) CURRENT BEST PRACTICES.—The model 

2 guidance issued under this subsection shall reflect, 

3 to the maximum extent practicable, current best 

4 practices to encourage the deployment of combined 

5 heat and power systems and waste heat to power 

6 systems while ensuring the safety and reliability of 

7 the interconnected units and the distribution and 

8 transmission networks to which the units connect, 

9 including— 

10 (A) relevant current standards developed 

11 by the Institute of Electrical and Electronic En12 gineers; and 

13 (B) model codes and rules adopted by— 

14 (i) States; or 

15 (ii) associations of State regulatory 

16 agencies. 

17 (3) FACTORS FOR CONSIDERATION.—In estab18 lishing the model guidance under this subsection, the 

19 Secretary shall take into consideration— 

20 (A) the appropriateness of using standards 

21 or procedures for interconnection service that 

22 vary based on unit size, fuel type, or other rel23 evant characteristics; 
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1 (B) the appropriateness of establishing 

2 fast-track procedures for interconnection serv3 ice; 

4 (C) the value of consistency with Federal 

5 interconnection rules established by the Federal 

6 Energy Regulatory Commission as of the date 

7 of enactment of this Act; 

8 (D) the best practices used to model out9 age assumptions and contingencies to determine 

10 fees or rates for additional services; 

11 (E) the appropriate duration, magnitude, 

12 or usage of demand charge ratchets; 

13 (F) potential alternative arrangements 

14 with respect to the procurement of additional 

15 services, including— 

16 (i) contracts tailored to individual 

17 electric consumers for additional services; 

18 (ii) procurement of additional services 

19 by an electric utility from a competitive 

20 market; and 

21 (iii) waivers of fees or rates for addi22 tional services for small electric consumers; 

23 and 

24 (G) outcomes such as increased electric re25 liability, fuel diversification, enhanced power 
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1 quality, and reduced electric losses that may re2 sult from increased use of combined heat and 

3 power systems and waste heat to power sys4 tems. 

5 Subtitle E—Computing 

6 SEC. 2401. EXASCALE COMPUTER RESEARCH PROGRAM. 

7 (a) RENAMING OF ACT.— 

8 (1) IN GENERAL.—Section 1 of the Department 

9 of Energy High-End Computing Revitalization Act 

10 of 2004 (15 U.S.C. 5501 note; Public Law 108– 

11 423) is amended by striking ‘‘Department of Energy 

12 High-End Computing Revitalization Act of 2004’’ 

13 and inserting ‘‘Exascale Computing Act of 2016’’. 

14 (2) CONFORMING AMENDMENT.—Section 

15 976(a)(1) of the Energy Policy Act of 2005 (42 

16 U.S.C. 16316(1)) is amended by striking ‘‘Depart17 ment of Energy High-End Computing Revitalization 

18 Act of 2004’’ and inserting ‘‘Exascale Computing 

19 Act of 2016’’. 

20 (b) DEFINITIONS.—Section 2 of the Exascale Com21 puting Act of 2016 (15 U.S.C. 5541) is amended— 

22 (1) by redesignating paragraphs (2) through 

23 (5) as paragraphs (3) through (6), respectively; 

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

25 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 floating point operations 

7 per second.’’; and 

8 (3) in paragraph (6) (as redesignated by para9 graph (1)), by striking ‘‘, acting through the Direc10 tor of the Office of Science of the Department of 

11 Energy’’. 

12 (c) DEPARTMENT OF ENERGY HIGH-END COM13 PUTING RESEARCH AND DEVELOPMENT PROGRAM.—Sec14 tion 3 of the Exascale Computing Act of 2016 (15 U.S.C. 

15 5542) is amended— 

16 (1) in subsection (a)(1), by striking ‘‘program’’ 

17 and inserting ‘‘coordinated program across the De18 partment’’; 

19 (2) in subsection (b)(2), by striking ‘‘, which 

20 may’’ and all that follows through ‘‘architectures’’; 

21 and 

22 (3) by striking subsection (d) and inserting the 

23 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’) to develop 2 or more 

4 exascale computing machine architectures to pro5 mote the missions of the Department. 

6 ‘‘(2) IMPLEMENTATION.— 

7 ‘‘(A) IN GENERAL.—In carrying out the 

8 Program, the Secretary shall— 

9 ‘‘(i) establish 2 or more National Lab10 oratory partnerships with industry part11 ners and institutions of higher education 

12 for the research and development of 2 or 

13 more exascale computing architectures 

14 across all applicable organizations of the 

15 Department; and 

16 ‘‘(ii) provide, as appropriate, on a 

17 competitive, merit-reviewed basis, access 

18 for researchers in industries in the United 

19 States, institutions of higher education, 

20 National Laboratories, and other Federal 

21 agencies to the exascale computing systems 

22 developed pursuant to clause (i). 

23 ‘‘(B) SELECTION OF PARTNERS.—The Sec24 retary shall select members for the partnerships 

25 with the computing facilities of the Department 
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1 under subparagraph (A) through a competitive, 

2 peer-review process. 

3 ‘‘(3) CODESIGN AND APPLICATION DEVELOP4 MENT.— 

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

6 carry out the Program through an integration 

7 of applications, computer science, applied math8 ematics, and computer hardware architecture 

9 using the partnerships established pursuant to 

10 paragraph (2) to ensure that, to the maximum 

11 extent practicable, 2 or more exascale com12 puting machine architectures are capable of 

13 solving Department target applications and 

14 broader scientific problems. 

15 ‘‘(B) REPORT.—The Secretary shall sub16 mit to Congress a report on how the integration 

17 under subparagraph (A) is furthering applica18 tion science data and computational workloads 

19 across application interests, including national 

20 security, material science, physical science, cy21 bersecurity, biological science, the Materials Ge22 nome and BRAIN Initiatives of the President, 

23 advanced manufacturing, and the national elec24 tric grid. 

25 ‘‘(4) PROJECT REVIEW.— 
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1 ‘‘(A) IN GENERAL.—The exascale architec2 tures developed pursuant to partnerships estab3 lished pursuant to paragraph (2) shall be re4 viewed through a project review process. 

5 ‘‘(B) REPORT.—Not later than 90 days 

6 after the date of enactment of this subsection, 

7 the Secretary shall submit to Congress a report 

8 on— 

9 ‘‘(i) the results of the review con10 ducted under subparagraph (A); and 

11 ‘‘(ii) the coordination and manage12 ment of the Program to ensure an inte13 grated research program across the De14 partment. 

15 ‘‘(5) ANNUAL REPORTS.—At the time of the 

16 budget submission of the Department for each fiscal 

17 year, the Secretary, in consultation with the mem18 bers of the partnerships established pursuant to 

19 paragraph (2), shall submit to Congress a report 

20 that describes funding for the Program as a whole 

21 by functional element of the Department and critical 

22 milestones.’’. 

23 (d) AUTHORIZATION OF APPROPRIATIONS.—Section 

24 4 of the Exascale Computing Act of 2016 (15 U.S.C. 

25 5543) is amended— 
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1 (1) by striking ‘‘this Act’’ and inserting ‘‘sec2 tion 3(d)’’; and 

3 (2) by striking paragraphs (1) through (3) and 

4 inserting the following: 

5 ‘‘(1) $272,000,000 for fiscal year 2016; 

6 ‘‘(2) $340,000,000 for fiscal year 2017; and 

7 ‘‘(3) $360,000,000 for fiscal year 2018.’’. 

8 TITLE III—SUPPLY 

9 Subtitle A—Renewables 

10 PART I—HYDROELECTRIC 

11 SEC. 3001. HYDROPOWER REGULATORY IMPROVEMENTS. 

12 (a) SENSE OF CONGRESS ON THE USE OF HYDRO13 POWER RENEWABLE RESOURCES.—It is the sense of Con14 gress that— 

15 (1) hydropower is a renewable resource for pur16 poses of all Federal programs and is an essential 

17 source of energy in the United States; and 

18 (2) the United States should increase substan19 tially the capacity and generation of clean, renewable 

20 hydropower resources that would improve environ21 mental quality in the United States. 

22 (b) MODIFYING THE DEFINITION OF RENEWABLE

23 ENERGY TO INCLUDE HYDROPOWER.—Section 203 of the 

24 Energy Policy Act of 2005 (42 U.S.C. 15852) is amend25 ed— 
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1 (1) in subsection (a), by striking ‘‘the following 

2 amounts’’ and all that follows through paragraph (3) 

3 and inserting ‘‘not less than 15 percent in fiscal year 

4 2016 and each fiscal year thereafter shall be renew5 able energy.’’ ; and 

6 (2) in subsection (b), by striking paragraph (2) 

7 and inserting the following: 

8 ‘‘(2) RENEWABLE ENERGY.—The term ‘renew9 able energy’ means energy produced from solar, 

10 wind, biomass, landfill gas, ocean (including tidal, 

11 wave, current, and thermal), geothermal, municipal 

12 solid waste, or hydropower.’’. 

13 (c) LICENSES FOR CONSTRUCTION.—Section 4(e) of 

14 the Federal Power Act (16 U.S.C. 797(e)) is amended, 

15 in the first proviso, by striking ‘‘deem’’ and inserting ‘‘de16 termine to be’’. 

17 (d) PRELIMINARY PERMITS.—Section 5 of the Fed18 eral Power Act (16 U.S.C. 798) is amended— 

19 (1) in subsection (a), by striking ‘‘three’’ and 

20 inserting ‘‘4’’; and 

21 (2) in subsection (b)— 

22 (A) by striking ‘‘Commission may extend 

23 the period of a preliminary permit once for not 

24 more than 2 additional years beyond the 3 
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1 years’’ and inserting the following: ‘‘Commis2 sion may— 

3 ‘‘(1) extend the period of a preliminary permit 

4 once for not more than 4 additional years beyond 

5 the 4 years’’; 

6 (B) by striking the period at the end and 

7 inserting ‘‘; and’’; and 

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

9 ‘‘(2) after the end of an extension period grant10 ed under paragraph (1), issue an additional permit 

11 to the permittee if the Commission determines that 

12 there are extraordinary circumstances that warrant 

13 the issuance of the additional permit.’’. 

14 (e) TIME LIMIT FOR CONSTRUCTION OF PROJECT

15 WORKS.—Section 13 of the Federal Power Act (16 U.S.C. 

16 806) is amended in the second sentence by striking ‘‘once 

17 but not longer than two additional years’’ and inserting 

18 ‘‘for not more than 8 additional years,’’. 

19 (f) LICENSE TERM.—Section 15(e) of the Federal 

20 Power Act (16 U.S.C. 808(e)) is amended— 

21 (1) by striking ‘‘(e) Except’’ and inserting the 

22 following: 

23 ‘‘(e) LICENSE TERM ON RELICENSING.— 

24 ‘‘(1) IN GENERAL.—Except’’; and 

25 (2) by adding at the end the following: 
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1 ‘‘(2) CONSIDERATION.—In determining the 

2 term of a license under paragraph (1), the Commis3 sion shall consider project-related investments by the 

4 licensee over the term of the existing license (includ5 ing any terms under annual licenses) that resulted 

6 in new development, construction, capacity, effi7 ciency improvements, or environmental measures, 

8 but which did not result in the extension of the term 

9 of the license by the Commission.’’. 

10 (g) OPERATION OF NAVIGATION FACILITIES.—Sec11 tion 18 of the Federal Power Act (16 U.S.C. 811) is 

12 amended by striking the second, third, and fourth sen13 tences. 

14 (h) ALTERNATIVE CONDITIONS AND PRESCRIP15 TIONS.—Section 33 of the Federal Power Act (16 U.S.C. 

16 823d) is amended— 

17 (1) in subsection (a)— 

18 (A) in paragraph (1), by striking ‘‘deems’’ 

19 and inserting ‘‘determines’’; 

20 (B) in paragraph (2)(B), in the matter 

21 preceding clause (i), by inserting ‘‘determined 

22 to be necessary’’ before ‘‘by the Secretary’’; 

23 (C) by striking paragraph (4); and 

24 (D) by striking paragraph (5); 

25 (2) in subsection (b)— 
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1 (A) by striking paragraph (4); and 

2 (B) by striking paragraph (5); and 

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

4 ‘‘(c) FURTHER CONDITIONS.—This section applies to 

5 any further conditions or prescriptions proposed or im6 posed pursuant to section 4(e), 6, or 18.’’. 

7 (i) LICENSING PROCESS IMPROVEMENTS AND CO8 ORDINATION.—Part I of the Federal Power Act (16 

9 U.S.C. 792 et seq.) is amended by adding at the end the 

10 following: 

11 ‘‘SEC. 34. LICENSING PROCESS IMPROVEMENTS. 

12 ‘‘(a) LICENSE STUDIES.— 

13 ‘‘(1) IN GENERAL.—To facilitate the timely and 

14 efficient completion of the license proceedings under 

15 this part, the Commission shall— 

16 ‘‘(A) conduct an investigation of best prac17 tices in performing licensing studies, including 

18 methodologies and the design of studies to as19 sess the full range of environmental impacts of 

20 a project; 

21 ‘‘(B) compile a comprehensive collection of 

22 studies and data accessible to the public that 

23 could be used to inform license proceedings 

24 under this paragraph; and 
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1 ‘‘(C) encourage license applicants and co2 operating agencies to develop and use, for the 

3 purpose of fostering timely and efficient consid4 eration of license applications, a limited number 

5 of open-source methodologies and tools applica6 ble across a wide array of projects, including 

7 water balance models and streamflow analyses. 

8 ‘‘(2) USE OF EXISTING STUDIES.—To the max9 imum extent practicable, the Commission shall use 

10 existing studies and data in individual licensing pro11 ceedings under this part in accordance with para12 graph (1). 

13 ‘‘(3) NONDUPLICATION REQUIREMENT.—To the 

14 maximum extent practicable, the Commission shall 

15 ensure that studies and data required for any Fed16 eral authorization (as defined in section 35(a)) ap17 plicable to a particular project or facility are not du18 plicated in other licensing proceedings under this 

19 part. 

20 ‘‘(4) BIOLOGICAL OPINIONS.—To the maximum 

21 extent practicable, the Secretary of Commerce shall 

22 ensure that relevant offices within the National Ma23 rine Fisheries Service prepare any biological opinion 

24 under section 7 of the Endangered Species Act of 

25 1973 (16 U.S.C. 1536) that forms the basis for a 
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1 prescription under section 18 on a concurrent rather 

2 than sequential basis. 

3 ‘‘(5) WATER QUALITY CERTIFICATION DEAD4 LINE.— 

5 ‘‘(A) IN GENERAL.—For purposes of 

6 issuing a license under this part, the deadline 

7 for a certifying agency to act under section 

8 401(a) of the Federal Water Pollution Control 

9 Act (33 U.S.C. 1341(a)) shall take effect only 

10 on the submission of a request for certification 

11 determined to be complete by the certifying 

12 agency. 

13 ‘‘(B) NOTICE OF COMPLETE REQUEST.— 

14 The certifying agency shall inform the Commis15 sion when a request for certification is deter16 mined to be complete. 

17 ‘‘SEC. 35. LICENSING PROCESS COORDINATION. 

18 ‘‘(a) DEFINITION OF FEDERAL AUTHORIZATION.—In 

19 this section, the term ‘Federal authorization’ means any 

20 authorization required under Federal law (including any 

21 license, permit, special use authorization, certification, 

22 opinion, consultation, determination, or other approval) 

23 with respect to— 

24 ‘‘(1) a project licensed under section 4 or 15; 

25 or 
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1 ‘‘(2) a facility exempted under— 

2 ‘‘(A) section 30; or 

3 ‘‘(B) section 405(d) of the Public Utility 

4 Regulatory Policies Act of 1978 (16 U.S.C. 

5 2705(d)). 

6 ‘‘(b) DESIGNATION AS LEAD AGENCY.— 

7 ‘‘(1) IN GENERAL.—The Commission shall act 

8 as the lead agency for the purposes of coordinating 

9 all applicable Federal authorizations. 

10 ‘‘(2) OTHER AGENCIES.—Each Federal and 

11 State agency considering an aspect of an application 

12 for Federal authorization shall cooperate with the 

13 Commission. 

14 ‘‘(c) SCHEDULE.— 

15 ‘‘(1) TIMING FOR ISSUANCE.—It is the sense of 

16 Congress that all Federal authorizations required for 

17 a project or facility, including a license or exemption 

18 order of the Commission, should be issued by the 

19 date that is 3 years after the date on which an ap20 plication is considered to be complete by the Com21 mission. 

22 ‘‘(2) COMMISSION SCHEDULE.— 

23 ‘‘(A) IN GENERAL.—The Commission shall 

24 establish a schedule for the issuance of all Fed25 eral authorizations. 
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1 ‘‘(B) REQUIREMENTS.—In establishing the 

2 schedule under subparagraph (A), the Commis3 sion shall— 

4 ‘‘(i) consult and cooperate with the 

5 Federal and State agencies responsible for 

6 a Federal authorization; 

7 ‘‘(ii) ensure the expeditious comple8 tion of all proceedings relating to a Fed9 eral authorization; and 

10 ‘‘(iii) comply with applicable schedules 

11 established by Federal law with respect to 

12 a Federal authorization. 

13 ‘‘(3) RESOLUTION OF INTERAGENCY DIS14 PUTES.—If the Federal agency fails to adhere to the 

15 schedule established by the Commission under para16 graph (2), or if the final condition of the Secretary 

17 under section 4(e) or prescription under section 18 

18 has been unreasonably delayed in derogation of the 

19 schedule established under paragraph (2), or if a 

20 proposed alternative condition or prescription has 

21 been unreasonably denied, or if a final condition or 

22 prescription would be inconsistent with the purposes 

23 of this part or other applicable law, the Commission 

24 may refer the matter to the Chairman of the Council 

25 on Environmental Quality— 
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1 ‘‘(A) to ensure timely participation; 

2 ‘‘(B) to ensure a timely decision; 

3 ‘‘(C) to mediate the dispute; or 

4 ‘‘(D) to refer the matter to the President. 

5 ‘‘(d) CONSOLIDATED RECORD.— 

6 ‘‘(1) IN GENERAL.—The Commission shall 

7 maintain official consolidated records of all license 

8 proceedings under this part. 

9 ‘‘(2) SUBMISSION OF RECOMMENDATIONS.— 

10 Any Federal or State agency that is providing rec11 ommendations with respect to a license proceeding 

12 under this part shall submit to the Commission for 

13 inclusion in the consolidated record relating to the li14 cense proceeding maintained under paragraph (1)— 

15 ‘‘(A) the recommendations; 

16 ‘‘(B) the rationale for the recommenda17 tions; and 

18 ‘‘(C) any supporting materials relating to 

19 the recommendations. 

20 ‘‘(3) WRITTEN STATEMENT.—In a case in 

21 which a Federal agency is making a determination 

22 with respect to a covered measure (as defined in sec23 tion 36(a)), the head of the Federal agency shall in24 clude in the consolidated record a written statement 

25 demonstrating that the Federal agency gave equal 
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1 consideration to the effects of the covered measure 

2 on— 

3 ‘‘(A) energy supply, distribution, cost, and 

4 use; 

5 ‘‘(B) flood control; 

6 ‘‘(C) navigation; 

7 ‘‘(D) water supply; and 

8 ‘‘(E) air quality and the preservation of 

9 other aspects of environmental quality. 

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 pursuant to section 

20 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 (d), 

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. 
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1 ‘‘(e) ADMINISTRATIVE LAW JUDGE.—All disputed 

2 issues of material fact raised by a party in a request for 

3 a trial-type hearing submitted under subsection (d) shall 

4 be determined in a single trial-type hearing to be con5 ducted by an Administrative Law Judge within the Office 

6 of Administrative Law Judges and Dispute Resolution of 

7 the Commission, in accordance with the Commission rules 

8 of practice and procedure under part 385 of title 18, Code 

9 of Federal Regulations (or successor regulations), and 

10 within the timeframe established by the Commission for 

11 each license proceeding (including a proceeding for a li12 cense under section 15) under section 35(c). 

13 ‘‘(f) STAY.—The Administrative Law Judge may im14 pose a stay of a trial-type hearing under this section for 

15 a period of not more than 120 days to facilitate settlement 

16 negotiations relating to resolving the disputed issues of 

17 material fact with respect to the covered measure. 

18 ‘‘(g) DECISION OF THE ADMINISTRATIVE LAW

19 JUDGE.— 

20 ‘‘(1) CONTENTS.—The decision of the Adminis21 trative Law Judge shall contain— 

22 ‘‘(A) findings of fact on all disputed issues 

23 of material fact; 
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1 ‘‘(B) conclusions of law necessary to make 

2 the findings of fact, including rulings on mate3 riality and the admissibility of evidence; and 

4 ‘‘(C) reasons for the findings and conclu5 sions. 

6 ‘‘(2) LIMITATION.—The decision of the Admin7 istrative Law Judge shall not contain conclusions as 

8 to whether— 

9 ‘‘(A) any condition or prescription should 

10 be adopted, modified, or rejected; or 

11 ‘‘(B) any alternative condition or prescrip12 tion should be adopted, modified, or rejected. 

13 ‘‘(3) FINALITY.—A decision of an Administra14 tive Law Judge under this section with respect to a 

15 disputed issue of material fact shall not be subject 

16 to further administrative review. 

17 ‘‘(4) SERVICE.—The Administrative Law Judge 

18 shall serve the decision on each party to the hearing 

19 and forward the complete record of the hearing to 

20 the Commission and the Secretary that proposed the 

21 original condition or prescription. 

22 ‘‘(h) SECRETARIAL DETERMINATION.— 

23 ‘‘(1) IN GENERAL.—Not later than 60 days 

24 after the date on which the Administrative Law 

25 Judge issues the decision under subsection (g) and 
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1 in accordance with the schedule established by the 

2 Commission under section 35(c), the Secretary pro3 posing a condition under section 4(e) or a prescrip4 tion under section 18 shall file with the Commission 

5 a final determination to adopt, modify, or withdraw 

6 any condition or prescription that was the subject of 

7 a hearing under this section, based on the decision 

8 of the Administrative Law Judge. 

9 ‘‘(2) RECORD OF DETERMINATION.—The final 

10 determination of the Secretary filed with the Com11 mission shall identify the reasons for the decision 

12 and any considerations taken into account that were 

13 not part of, or inconsistent with, the findings of the 

14 Administrative Law Judge and shall be included in 

15 the consolidated record in section 35(d). 

16 ‘‘(i) LICENSING DECISION OF THE COMMISSION.— 

17 Notwithstanding sections 4(e) and 18, if the Commission 

18 finds that the final condition or prescription of the Sec19 retary is inconsistent with the purposes of this part or 

20 other applicable law, the Commission may refer the matter 

21 to the Chairman of the Council on Environmental Quality 

22 under section 35(c). 

23 ‘‘(j) JUDICIAL REVIEW.—The decision of the Admin24 istrative Law Judge and the record of determination of 

25 the Secretary shall be included in the record of the appli-
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1 cable licensing proceeding and subject to judicial review 

2 of the final licensing decision of the Commission under 

3 section 313(b). 

4 ‘‘SEC. 37. PUMPED STORAGE PROJECTS. 

5 ‘‘In carrying out section 6(a) of the Hydropower Reg6 ulatory Efficiency Act of 2013 (16 U.S.C. 797 note; Pub7 lic Law 113–23), the Commission shall consider a closed 

8 loop pumped storage project to include a project— 

9 ‘‘(1) in which the upper and lower reservoirs do 

10 not impound or directly withdraw water from a navi11 gable stream; or 

12 ‘‘(2) that is not continuously connected to a 

13 naturally flowing water feature. 

14 ‘‘SEC. 38. ANNUAL REPORTS. 

15 ‘‘(a) COMMISSION ANNUAL REPORT.— 

16 ‘‘(1) IN GENERAL.—The 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 an 

20 annual report that— 

21 ‘‘(A) describes and quantifies, for each li22 censed, exempted, or proposed project under 

23 this part or section 405(d) of the Public Utility 

24 Regulatory Policies Act of 1978 (16 U.S.C. 

25 2705(d)) (referred to in this subsection as the 
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1 ‘covered project’), the quantity of energy and 

2 capacity authorized for new development and 

3 reauthorized for continued operation during the 

4 reporting year, including an assessment of the 

5 economic, climactic, air quality, and other envi6 ronmental benefits achieved by the new and re7 authorized energy and capacity; 

8 ‘‘(B) describes and quantifies the loss of 

9 energy, capacity, or ancillary services as a re10 sult of any licensing action under this part or 

11 other requirement under Federal law during the 

12 reporting year; 

13 ‘‘(C) identifies any application to license, 

14 relicense, or expand a covered project pending 

15 as of the date of the annual report, including 

16 a quantification of the new energy and capacity 

17 with the potential to be gained or lost by action 

18 relating to the covered project; and 

19 ‘‘(D) lists all proposed covered projects 

20 that, as of the date of the annual report, are 

21 subject to a preliminary permit issued under 

22 section 4(f), including a description of the 

23 quantity of new energy and capacity that would 

24 be achieved through the development of each 

25 proposed covered project. 
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1 ‘‘(2) AVAILABILITY.—The Commission shall es2 tablish and maintain a publicly available website or 

3 comparable resource that tracks all information re4 quired for the annual report under paragraph (1). 

5 ‘‘(b) RESOURCE AGENCY ANNUAL REPORT.— 

6 ‘‘(1) IN GENERAL.—Any Federal or State re7 source agency that is participating in any Commis8 sion proceeding under this part or that has respon9 sibilities for any Federal authorization shall submit 

10 to the Committee on Energy and Natural Resources 

11 of the Senate and the Committee on Energy and 

12 Commerce of the House of Representatives a report 

13 that— 

14 ‘‘(A) describes each term, condition, or 

15 other requirement prepared by the resource 

16 agency during the reporting year with respect 

17 to a Commission proceeding under this part, in18 cluding— 

19 ‘‘(i) an assessment of whether imple20 mentation of the term, condition, or other 

21 requirement would result in the loss of en22 ergy, capacity, or ancillary services at the 

23 project, including a quantification of the 

24 losses; 
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1 ‘‘(ii) an analysis of economic, air qual2 ity, climactic and other environmental ef3 fects associated with implementation of the 

4 term, condition, or other requirement; 

5 ‘‘(iii) a demonstration, based on evi6 dence in the record of the Commission, 

7 that the resource agency prepared the 

8 term, condition, or other requirement in a 

9 manner that meets the policy established 

10 by this part while discharging the respon11 sibilities of the resource agency under this 

12 part or any other applicable requirement 

13 under Federal law; and 

14 ‘‘(iv) a statement of whether the head 

15 of the applicable Federal agency has ren16 dered final approval of the term, condition, 

17 or other requirement, or whether the term, 

18 condition, or other requirement remains a 

19 preliminary recommendation of staff of the 

20 resource agency; and 

21 ‘‘(B) identifies all pending, scheduled, and 

22 anticipated proceedings under this part that, as 

23 of the date of the annual report, the resource 

24 agency expects to participate in, or has any ap-
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1 proval or participatory responsibilities for under 

2 Federal law, including— 

3 ‘‘(i) an accounting of whether the re4 source agency met all deadlines or other 

5 milestones established by the resource 

6 agency or the Commission during the re7 porting year; and 

8 ‘‘(ii) the specific plans of the resource 

9 agency for allocating sufficient resources 

10 for each project during the upcoming year. 

11 ‘‘(2) AVAILABILITY.—Any resource agency pre12 paring an annual report to Congress under para13 graph (1) shall establish and maintain a publicly 

14 available website or comparable resource that tracks 

15 all information required for the annual report.’’. 

16 (j) PILOT PROGRAM.— 

17 (1) IN GENERAL.—The Commission (as the 

18 term is defined in section 3 of the Federal Power 

19 Act (16 U.S.C. 796)) shall establish a voluntary 

20 pilot program covering at least 1 region in which the 

21 Commission, in consultation with the heads of co22 operating agencies, shall direct a set of region-wide 

23 studies to inform subsequent project-level studies 

24 within each region. 
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1 (2) DESIGNATION.—Not later than 2 years 

2 after the date of enactment of this Act, if the condi3 tions under paragraph (3) are met, the Commission, 

4 in consultation with the heads of cooperating agen5 cies, shall designate 1 or more regions to be studied 

6 under this subsection. 

7 (3) VOLUNTARY BASIS.—The Commission may 

8 only designate regions under paragraph (2) in which 

9 every licensee, on a voluntary basis and in writing, 

10 agrees— 

11 (A) to be included in the pilot program; 

12 and 

13 (B) to any cost-sharing arrangement with 

14 other licensees and applicable Federal and 

15 State agencies with respect to conducting basin16 wide studies. 

17 (4) SCALE.—The regions designated under 

18 paragraph (2) shall— 

19 (A) be at an adequately large scale to 

20 cover at least 5 existing projects that— 

21 (i) are licensed under this part; and 

22 (ii) the licenses of which shall expire 

23 not later than 15 years after the date of 

24 enactment of this section; and 
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1 (B) be likely to yield region-wide studies 

2 and information that will significantly reduce 

3 the need for and scope of subsequent project4 level studies and information. 

5 (5) PROJECT LICENSE TERMS.—The Commis6 sion may extend the term of any existing license 

7 within a region designated under paragraph (2) by 

8 up to 8 years to provide sufficient time for relevant 

9 region-wide studies to inform subsequent project10 level studies. 

11 SEC. 3002. HYDROELECTRIC PRODUCTION INCENTIVES 

12 AND EFFICIENCY IMPROVEMENTS. 

13 (a) HYDROELECTRIC PRODUCTION INCENTIVES.— 

14 Section 242 of the Energy Policy Act of 2005 (42 U.S.C. 

15 15881) is amended— 

16 (1) in subsection (c), by striking ‘‘10’’ and in17 serting ‘‘20’’; 

18 (2) in subsection (f), by striking ‘‘20’’ and in19 serting ‘‘30’’; and 

20 (3) in subsection (g), by striking ‘‘each of the 

21 fiscal years 2006 through 2015’’ and inserting ‘‘each 

22 of fiscal years 2016 through 2025’’. 

23 (b) HYDROELECTRIC EFFICIENCY IMPROVEMENT.— 

24 Section 243(c) of the Energy Policy Act of 2005 (42 

25 U.S.C. 15882(c)) is amended by striking ‘‘each of the fis-
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1 cal years 2006 through 2015’’ and inserting ‘‘each of fis2 cal years 2016 through 2025’’. 

3 SEC. 3003. EXTENSION OF TIME FOR A FEDERAL ENERGY 

4 REGULATORY COMMISSION PROJECT IN5 VOLVING CLARK CANYON DAM. 

6 Notwithstanding the time period described in section 

7 13 of the Federal Power Act (16 U.S.C. 806) that would 

8 otherwise apply to the Federal Energy Regulatory Com9 mission project numbered 12429, the Federal Energy 

10 Regulatory Commission (referred to in this section as the 

11 ‘‘Commission’’) shall, at the request of the licensee for the 

12 project, and after reasonable notice and in accordance 

13 with the procedures of the Commission under that section, 

14 reinstate the license and extend the time period during 

15 which the licensee is required to commence construction 

16 of project works for the 3-year period beginning on the 

17 date of enactment of this Act. 

18 SEC. 3004. EXTENSION OF TIME FOR A FEDERAL ENERGY 

19 REGULATORY COMMISSION PROJECT IN20 VOLVING GIBSON DAM. 

21 (a) IN GENERAL.—Notwithstanding the require22 ments of section 13 of the Federal Power Act (16 U.S.C. 

23 806) that would otherwise apply to the Federal Energy 

24 Regulatory Commission project numbered 12478–003, the 

25 Federal Energy Regulatory Commission (referred to in 
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1 this section as the ‘‘Commission’’) may, at the request of 

2 the licensee for the project, and after reasonable notice 

3 and in accordance with the procedures of the Commission 

4 under that section, extend the time period during which 

5 the licensee is required to commence construction of the 

6 project for a 6-year period that begins on the date de7 scribed in subsection (b). 

8 (b) DATE DESCRIBED.—The date described in this 

9 subsection is the date of the expiration of the extension 

10 of the period required for commencement of construction 

11 for the project described in subsection (a) that was issued 

12 by the Commission prior to the date of enactment of this 

13 Act under section 13 of the Federal Power Act (16 U.S.C. 

14 806). 

15 (c) REINSTATEMENT OF EXPIRED LICENSE.—If the 

16 period required for commencement of construction of the 

17 project described in subsection (b) has expired before the 

18 date of enactment of this Act— 

19 (1) the Commission shall reinstate the license 

20 effective as of the date of the expiration of the li21 cense; and 

22 (2) the first extension authorized under sub23 section (a) shall take effect on that expiration date. 
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1 PART II—GEOTHERMAL 

2 Subpart A—Geothermal Energy 

3 SEC. 3005. NATIONAL GOALS FOR PRODUCTION AND SITE 

4 IDENTIFICATION. 

5 It is the sense of Congress that, not later than 10 

6 years 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 Director of the Geological Survey and 

13 the Secretary should identify sites capable of pro14 ducing a total of 50,000 megawatts of geothermal 

15 power, using the full range of available technologies, 

16 through a program conducted in collaboration with 

17 industry, including cost-shared exploration drilling. 

18 SEC. 3006. PRIORITY AREAS FOR DEVELOPMENT ON FED19 ERAL LAND. 

20 The Director of the Bureau of Land Management, 

21 in consultation with other appropriate Federal agencies, 

22 shall— 

23 (1) identify high priority areas for new geo24 thermal development; and 
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1 (2) take any actions the Director determines 

2 necessary to facilitate that development, consistent 

3 with applicable laws. 

4 SEC. 3007. FACILITATION OF COPRODUCTION OF GEO5 THERMAL ENERGY ON OIL AND GAS LEASES. 

6 Section 4(b) of the Geothermal Steam Act of 1970 

7 (30 U.S.C. 1003(b)) is amended by adding at the end the 

8 following: 

9 ‘‘(4) LAND SUBJECT TO OIL AND GAS LEASE.— 

10 Land under an oil and gas lease issued pursuant to 

11 the Mineral Leasing Act (30 U.S.C. 181 et seq.) or 

12 the Mineral Leasing Act for Acquired Lands (30 

13 U.S.C. 351 et seq.) that is subject to an approved 

14 application for permit to drill and from which oil 

15 and gas production is occurring may be available for 

16 noncompetitive leasing under this section to the 

17 holder of the oil and gas lease— 

18 ‘‘(A) on a determination that— 

19 ‘‘(i) geothermal energy will be pro20 duced from a well producing or capable of 

21 producing oil and gas; and 

22 ‘‘(ii) national energy security will be 

23 improved by the issuance of such a lease; 

24 and 
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1 ‘‘(B) to provide for the coproduction of 

2 geothermal energy with oil and gas.’’. 

3 SEC. 3008. NONCOMPETITIVE LEASING OF ADJOINING 

4 AREAS FOR DEVELOPMENT OF GEOTHERMAL 

5 RESOURCES. 

6 Section 4(b) of the Geothermal Steam Act of 1970 

7 (30 U.S.C. 1003(b)) (as amended by section 3007) is 

8 amended by adding at the end the following: 

9 ‘‘(5) ADJOINING LAND.— 

10 ‘‘(A) DEFINITIONS.—In this paragraph: 

11 ‘‘(i) FAIR MARKET VALUE PER

12 ACRE.—The term ‘fair market value per 

13 acre’ means a dollar amount per acre 

14 that— 

15 ‘‘(I) except as provided in this 

16 clause, shall be equal to the market 

17 value per acre (taking into account 

18 the determination under subparagraph 

19 (B)(iii) regarding a valid discovery on 

20 the adjoining land), as determined by 

21 the Secretary under regulations issued 

22 under this paragraph; 

23 ‘‘(II) shall be determined by the 

24 Secretary with respect to a lease 

25 under this paragraph, by not later 
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1 than the end of the 180-day period 

2 beginning on the date the Secretary 

3 receives an application for the lease; 

4 and 

5 ‘‘(III) shall be not less than the 

6 greater of— 

7 ‘‘(aa) 4 times the median 

8 amount paid per acre for all land 

9 leased under this Act during the 

10 preceding year; or 

11 ‘‘(bb) $50. 

12 ‘‘(ii) INDUSTRY STANDARDS.—The 

13 term ‘industry standards’ means the stand14 ards by which a qualified geothermal pro15 fessional assesses whether downhole or 

16 flowing temperature measurements with 

17 indications of permeability are sufficient to 

18 produce energy from geothermal resources, 

19 as determined through flow or injection 

20 testing or measurement of lost circulation 

21 while drilling. 

22 ‘‘(iii) QUALIFIED FEDERAL LAND.— 

23 The term ‘qualified Federal land’ means 

24 land that is otherwise available for leasing 

25 under this Act. 
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1 ‘‘(iv) QUALIFIED GEOTHERMAL PRO2 FESSIONAL.—The term ‘qualified geo3 thermal professional’ means an individual 

4 who is an engineer or geoscientist in good 

5 professional standing with at least 5 years 

6 of experience in geothermal exploration, 

7 development, or project assessment. 

8 ‘‘(v) QUALIFIED LESSEE.—The term 

9 ‘qualified lessee’ means a person that is el10 igible to hold a geothermal lease under this 

11 Act (including applicable regulations). 

12 ‘‘(vi) VALID DISCOVERY.—The term 

13 ‘valid discovery’ means a discovery of a 

14 geothermal resource by a new or existing 

15 slim hole or production well, that exhibits 

16 downhole or flowing temperature measure17 ments with indications of permeability that 

18 are sufficient to meet industry standards. 

19 ‘‘(B) AUTHORITY.—An area of qualified 

20 Federal land that adjoins other land for which 

21 a qualified lessee holds a legal right to develop 

22 geothermal resources may be available for a 

23 noncompetitive lease under this section to the 

24 qualified lessee at the fair market value per 

25 acre, if— 
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1 ‘‘(i) the area of qualified Federal 

2 land— 

3 ‘‘(I) consists of not less than 1 

4 acre and not more than 640 acres; 

5 and 

6 ‘‘(II) is not already leased under 

7 this Act or nominated to be leased 

8 under subsection (a); 

9 ‘‘(ii) the qualified lessee has not pre10 viously received a noncompetitive lease 

11 under this paragraph in connection with 

12 the valid discovery for which data has been 

13 submitted under clause (iii)(I); and 

14 ‘‘(iii) sufficient geological and other 

15 technical data prepared by a qualified geo16 thermal professional has been submitted by 

17 the qualified lessee to the applicable Fed18 eral land management agency that would 

19 lead individuals who are experienced in the 

20 subject matter to believe that— 

21 ‘‘(I) there is a valid discovery of 

22 geothermal resources on the land for 

23 which the qualified lessee holds the 

24 legal right to develop geothermal re25 sources; and 
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1 ‘‘(II) that thermal feature ex2 tends into the adjoining areas. 

3 ‘‘(C) DETERMINATION OF FAIR MARKET

4 VALUE.— 

5 ‘‘(i) IN GENERAL.—The Secretary 

6 shall— 

7 ‘‘(I) publish a notice of any re8 quest to lease land under this para9 graph; 

10 ‘‘(II) determine fair market value 

11 for purposes of this paragraph in ac12 cordance with procedures for making 

13 those determinations that are estab14 lished by regulations issued by the 

15 Secretary; 

16 ‘‘(III) provide to a qualified les17 see and publish, with an opportunity 

18 for public comment for a period of 30 

19 days, any proposed determination 

20 under this subparagraph of the fair 

21 market value of an area that the 

22 qualified lessee seeks to lease under 

23 this paragraph; and 

24 ‘‘(IV) provide to the qualified les25 see and any adversely affected party 
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1 the opportunity to appeal the final de2 termination of fair market value in an 

3 administrative proceeding before the 

4 applicable Federal land management 

5 agency, in accordance with applicable 

6 law (including regulations). 

7 ‘‘(ii) LIMITATION ON NOMINATION.— 

8 After publication of a notice of request to 

9 lease land under this paragraph, the Sec10 retary may not accept under subsection (a) 

11 any nomination of the land for leasing un12 less the request has been denied or with13 drawn. 

14 ‘‘(iii) ANNUAL RENTAL.—For pur15 poses of section 5(a)(3), a lease awarded 

16 under this paragraph shall be considered a 

17 lease awarded in a competitive lease sale. 

18 ‘‘(D) REGULATIONS.—Not later than 270 

19 days after the date of enactment of the Energy 

20 Policy Modernization Act of 2016, the Sec21 retary shall issue regulations to carry out this 

22 paragraph.’’. 

23 SEC. 3009. REPORT TO CONGRESS. 

24 Not later than 3 years after the date of enactment 

25 of this Act and not less frequently than once every 5 years 
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1 thereafter, the Secretary of the Interior and the Secretary 

2 shall submit to Congress a report describing the progress 

3 made towards achieving the goals described in section 

4 3005. 

5 SEC. 3010. AUTHORIZATION OF APPROPRIATIONS. 

6 There are authorized to be appropriated to carry out 

7 this subpart— 

8 (1) $65,000,000 for fiscal year 2017; and 

9 (2) $75,000,000 for each of fiscal years 2018 

10 through 2021. 

11 Subpart B—Development of Geothermal, Solar, and 

12 Wind Energy on Public Land 

13 SEC. 3011. DEFINITIONS. 

14 In this subpart: 

15 (1) COVERED LAND.—The term ‘‘covered land’’ 

16 means land that is— 

17 (A) public land administered by the Sec18 retary; and 

19 (B) not excluded from the development of 

20 geothermal, solar, or wind energy under— 

21 (i) a land use plan established under 

22 the Federal Land Policy and Management 

23 Act of 1976 (43 U.S.C. 1701 et seq.); or 

24 (ii) other Federal law. 
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1 (2) EXCLUSION AREA.—The term ‘‘exclusion 

2 area’’ means covered land that is identified by the 

3 Bureau of Land Management as not suitable for de4 velopment of renewable energy projects. 

5 (3) PRIORITY AREA.—The term ‘‘priority area’’ 

6 means covered land identified by the land use plan7 ning process of the Bureau of Land Management as 

8 being a preferred location for a renewable energy 

9 project. 

10 (4) PUBLIC LAND.—The term ‘‘public land’’ 

11 has the meaning given the term ‘‘public lands’’ in 

12 section 103 of the Federal Land Policy and Manage13 ment Act of 1976 (43 U.S.C. 1702). 

14 (5) RENEWABLE ENERGY PROJECT.—The term 

15 ‘‘renewable energy project’’ means a project carried 

16 out on covered land that uses wind, solar, or geo17 thermal energy to generate energy. 

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

19 the Secretary of the Interior. 

20 (7) VARIANCE AREA.—The term ‘‘variance 

21 area’’ means covered land that is— 

22 (A) not an exclusion area; and 

23 (B) not a priority area. 
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1 SEC. 3011A. LAND USE PLANNING; SUPPLEMENTS TO PRO2 GRAMMATIC ENVIRONMENTAL IMPACT 

3 STATEMENTS. 

4 (a) PRIORITY AREAS.— 

5 (1) IN GENERAL.—The Secretary, in consulta6 tion with the Secretary of Energy, shall establish 

7 priority areas on covered land for geothermal, solar, 

8 and wind energy projects. 

9 (2) DEADLINE.— 

10 (A) GEOTHERMAL ENERGY.—For geo11 thermal energy, the Secretary shall establish 

12 priority areas as soon as practicable, but not 

13 later than 5 years, after the date of enactment 

14 of this Act. 

15 (B) SOLAR ENERGY.—For solar energy, 

16 the solar energy zones established by the 2012 

17 western solar plan of the Bureau of Land Man18 agement shall be considered to be priority areas 

19 for solar energy projects. 

20 (C) WIND ENERGY.—For wind energy, the 

21 Secretary shall establish priority areas as soon 

22 as practicable, but not later than 3 years, after 

23 the date of enactment of this Act. 

24 (b) VARIANCE AREAS.—To the maximum extent 

25 practicable, variance areas shall be considered for renew26 able energy project development, consistent with the prin-
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1 ciples of multiple use as defined in the Federal Land Pol2 icy and Management Act of 1976 (43 U.S.C. 1701 et 

3 seq.). 

4 (c) REVIEW AND MODIFICATION.—Not less fre5 quently than once every 10 years, the Secretary shall— 

6 (1) review the adequacy of land allocations for 

7 geothermal, solar, and wind energy priority and vari8 ance areas for the purpose of encouraging new re9 newable energy development opportunities; and 

10 (2) based on the review carried out under para11 graph (1), add, modify, or eliminate priority, vari12 ance, and exclusion areas. 

13 (d) COMPLIANCE WITH THE NATIONAL ENVIRON14 MENTAL POLICY ACT.—For purposes of this section, com15 pliance with the National Environmental Policy Act of 

16 1969 (42 U.S.C. 4321 et seq.) shall be accomplished— 

17 (1) for geothermal energy, by supplementing 

18 the October 2008 final programmatic environmental 

19 impact statement for geothermal leasing in the west20 ern United States; 

21 (2) for solar energy, by supplementing the July 

22 2012 final programmatic environmental impact 

23 statement for solar energy projects; and 
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1 (3) for wind energy, by supplementing the July 

2 2005 final programmatic environmental impact 

3 statement for wind energy projects. 

4 (e) NO EFFECT ON PROCESSING APPLICATIONS.—A 

5 requirement to prepare a supplement to a programmatic 

6 environmental impact statement under this section shall 

7 not result in any delay in processing an application for 

8 a renewable energy project. 

9 (f) COORDINATION.—In developing a supplement re10 quired by this section, the Secretary shall coordinate, on 

11 an ongoing basis, with appropriate State, tribal, and local 

12 governments, transmission infrastructure owners and op13 erators, developers, and other appropriate entities to en14 sure that priority areas identified by the Secretary are— 

15 (1) economically viable (including having access 

16 to transmission); 

17 (2) likely to avoid or minimize conflict with 

18 habitat for animals and plants, recreation, and other 

19 uses of covered land; and 

20 (3) consistent with section 202 of the Federal 

21 Land Policy and Management Act of 1976 (43 

22 U.S.C. 1712), including subsection (c)(9) of that 

23 section. 

24 (g) REMOVAL FROM CLASSIFICATION.—In carrying 

25 out subsections (a), (c), and (d), if the Secretary deter-
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1 mines an area previously suited for development should 

2 be removed from priority or variance classification, not 

3 later than 90 days after the date of the determination, 

4 the Secretary shall submit to Congress a report on the 

5 determination. 

6 SEC. 3011B. ENVIRONMENTAL REVIEW ON COVERED LAND. 

7 (a) IN GENERAL.—If the Secretary determines that 

8 a proposed renewable energy project has been sufficiently 

9 analyzed by a programmatic environmental impact state10 ment conducted under section 3011B(d), the Secretary 

11 shall not require any additional review under the National 

12 Environmental Policy Act of 1969 (42 U.S.C. 4321 et 

13 seq.). 

14 (b) ADDITIONAL ENVIRONMENTAL REVIEW.—If the 

15 Secretary determines that additional environmental review 

16 under the National Environmental Policy Act of 1969 (42 

17 U.S.C. 4321 et seq.) is necessary for a proposed renewable 

18 energy project, the Secretary shall rely on the analysis in 

19 the programmatic environmental impact statement con20 ducted under section 3011B(d), to the maximum extent 

21 practicable when analyzing the potential impacts of the 

22 project. 

23 (c) RELATIONSHIP TO OTHER LAW.—Nothing in this 

24 section modifies or supersedes any requirement under ap-
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1 plicable law, including the National Environmental Policy 

2 Act of 1969 (42 U.S.C. 4321 et seq.). 

3 SEC. 3011C. PROGRAM TO IMPROVE RENEWABLE ENERGY 

4 PROJECT PERMIT COORDINATION. 

5 (a) ESTABLISHMENT.—The Secretary shall establish 

6 a program to improve Federal permit coordination with 

7 respect to renewable energy projects on covered land. 

8 (b) MEMORANDUM OF UNDERSTANDING.— 

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

10 after the date of enactment of this Act, the Sec11 retary shall enter into a memorandum of under12 standing for purposes of this section, including to 

13 specifically expedite the environmental analysis of 

14 applications for projects proposed in a variance area, 

15 with— 

16 (A) the Secretary of Agriculture; and 

17 (B) the Assistant Secretary of the Army 

18 for Civil Works. 

19 (2) STATE PARTICIPATION.—The Secretary 

20 may request the Governor of any interested State to 

21 be a signatory to the memorandum of understanding 

22 under paragraph (1). 

23 (c) DESIGNATION OF QUALIFIED STAFF.— 

24 (1) IN GENERAL.—Not later than 90 days after 

25 the date on which the memorandum of under-
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1 standing under subsection (b) is executed, all Fed2 eral signatories, as appropriate, shall identify for 

3 each of the Bureau of Land Management Renewable 

4 Energy Coordination Offices an employee who has 

5 expertise in the regulatory issues relating to the of6 fice in which the employee is employed, including, as 

7 applicable, particular expertise in— 

8 (A) consultation regarding, and prepara9 tion of, biological opinions under section 7 of 

10 the Endangered Species Act of 1973 (16 U.S.C. 

11 1536); 

12 (B) permits under section 404 of Federal 

13 Water Pollution Control Act (33 U.S.C. 1344); 

14 (C) regulatory matters under the Clean Air 

15 Act (42 U.S.C. 7401 et seq.); 

16 (D) planning under section 14 of the Na17 tional Forest Management Act of 1976 (16 

18 U.S.C. 472a); 

19 (E) the Federal Land Policy and Manage20 ment Act of 1976 (43 U.S.C. 1701 et seq.); 

21 (F) the Migratory Bird Treaty Act (16 

22 U.S.C. 703 et seq.); and 

23 (G) the preparation of analyses under the 

24 National Environmental Policy Act of 1969 (42 

25 U.S.C. 4321 et seq.). 
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1 (2) DUTIES.—Each employee assigned under 

2 paragraph (1) shall— 

3 (A) be responsible for addressing all issues 

4 relating to the jurisdiction of the home office or 

5 agency of the employee; and 

6 (B) participate as part of the team of per7 sonnel working on proposed energy projects, 

8 planning, monitoring, inspection, enforcement, 

9 and environmental analyses. 

10 (d) ADDITIONAL PERSONNEL.—The Secretary may 

11 assign additional personnel for the renewable energy co12 ordination offices as are necessary to ensure the effective 

13 implementation of any programs administered by those of14 fices, including inspection and enforcement relating to re15 newable energy project development on covered land, in 

16 accordance with the multiple use mandate of the Federal 

17 Land Policy and Management Act of 1976 (43 U.S.C. 

18 1701 et seq.). 

19 (e) RENEWABLE ENERGY COORDINATION OF20 FICES.—In implementing the program established under 

21 this section, the Secretary may establish additional renew22 able energy coordination offices or temporarily assign the 

23 qualified staff described in subsection (c) to a State, dis24 trict, or field office of the Bureau of Land Management 
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1 to expedite the permitting of renewable energy projects, 

2 as the Secretary determines to be necessary. 

3 (f) REPORT TO CONGRESS.— 

4 (1) IN GENERAL.—Not later than February 1 

5 of the first fiscal year beginning after the date of en6 actment of this Act, and each February 1 thereafter, 

7 the Secretary shall submit to the Committee on En8 ergy and Natural Resources of the Senate and the 

9 Committee on Natural Resources of the House of 

10 Representatives a report describing the progress 

11 made pursuant to the program under this subpart 

12 during the preceding year. 

13 (2) INCLUSIONS.—Each report under this sub14 section shall include— 

15 (A) projections for renewable energy pro16 duction and capacity installations; and 

17 (B) a description of any problems relating 

18 to leasing, permitting, siting, or production. 

19 SEC. 3011D. SAVINGS CLAUSE. 

20 Nothing in this subpart establishes— 

21 (1) a priority or preference for the development 

22 of renewable energy projects on public land over 

23 other energy-related or mineral projects or other 

24 uses of public land; or 
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1 (2) an exception to the requirement that public 

2 land be managed consistent with the principle of 

3 multiple use (as defined in section of section 103 of 

4 the Federal Land Policy and Management Act of 

5 1976 (43 U.S.C. 1702)). 

6 Subpart C—Geothermal Exploration 

7 SEC. 3012. GEOTHERMAL EXPLORATION TEST PROJECTS. 

8 The Geothermal Steam Act of 1970 (30 U.S.C. 1001 

9 et seq.) is amended by adding at the end the following: 

10 ‘‘SEC. 30. GEOTHERMAL EXPLORATION TEST PROJECTS. 

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

12 ‘‘(1) COVERED LAND.—The term ‘covered land’ 

13 means land that is— 

14 ‘‘(A) subject to geothermal leasing in ac15 cordance with section 3; and 

16 ‘‘(B) not excluded from the development of 

17 geothermal energy under— 

18 ‘‘(i) a final land use plan established 

19 under the Federal Land Policy and Man20 agement Act of 1976 (43 U.S.C. 1701 et 

21 seq.); 

22 ‘‘(ii) a final land and resource man23 agement plan established under the Na24 tional Forest Management Act of 1976 (16 

25 U.S.C. 1600 et seq.); or 
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1 ‘‘(iii) any other applicable law. 

2 ‘‘(2) SECRETARY CONCERNED.—The term ‘Sec3 retary concerned’ means— 

4 ‘‘(A) the Secretary of Agriculture (acting 

5 through the Chief of the Forest Service), with 

6 respect to National Forest System land; and 

7 ‘‘(B) the Secretary, with respect to land 

8 managed by the Bureau of Land Management 

9 (including land held for the benefit of an Indian 

10 tribe). 

11 ‘‘(b) NEPA REVIEW OF GEOTHERMAL EXPLORATION

12 TEST PROJECTS.— 

13 ‘‘(1) IN GENERAL.—An eligible activity de14 scribed in paragraph (2) carried out on covered land 

15 shall be considered an action categorically excluded 

16 from the requirements for an environmental assess17 ment or an environmental impact statement under 

18 the National Environmental Policy Act of 1969 (42 

19 U.S.C. 4321 et seq.) or section 1508.4 of title 40, 

20 Code of Federal Regulations (or a successor regula21 tion) if— 

22 ‘‘(A) the action is for the purpose of geo23 thermal resource exploration operations; and 

24 ‘‘(B) the action is conducted pursuant to 

25 this Act. 
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1 ‘‘(2) ELIGIBLE ACTIVITY.—An eligible activity 

2 referred to in paragraph (1) is— 

3 ‘‘(A) a geophysical exploration activity that 

4 does not require drilling, including a seismic 

5 survey; 

6 ‘‘(B) the drilling of a well to test or ex7 plore for geothermal resources on land leased 

8 by the Secretary concerned for the development 

9 and production of geothermal resources that— 

10 ‘‘(i) is carried out by the holder of the 

11 lease; 

12 ‘‘(ii) causes— 

13 ‘‘(I) fewer than 5 acres of soil or 

14 vegetation disruption at the location 

15 of each geothermal exploration well; 

16 and 

17 ‘‘(II) not more than an additional 

18 5 acres of soil or vegetation disruption 

19 during access or egress to the project 

20 site; 

21 ‘‘(iii) is completed in fewer than 90 

22 days, including the removal of any surface 

23 infrastructure from the project site; and 

24 ‘‘(iv) requires the restoration of the 

25 project site not later than 3 years after the 
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1 date of completion of the project to ap2 proximately the condition that existed at 

3 the time the project began, unless— 

4 ‘‘(I) the project site is subse5 quently used as part of energy devel6 opment on the lease; or 

7 ‘‘(II) the project— 

8 ‘‘(aa) yields geothermal re9 sources; and 

10 ‘‘(bb) the use of the geo11 thermal resources will be carried 

12 out under another geothermal 

13 generation project in existence at 

14 the time of the discovery of the 

15 geothermal resources; or 

16 ‘‘(C) the drilling of a well to test or explore 

17 for geothermal resources on land leased by the 

18 Secretary concerned for the development and 

19 production of geothermal resources that— 

20 ‘‘(i) causes an individual surface dis21 turbance of fewer than 5 acres if— 

22 ‘‘(I) the total surface disturbance 

23 on the leased land is not more than 

24 150 acres; and 
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1 ‘‘(II) a site-specific analysis has 

2 been prepared under the National En3 vironmental Policy Act of 1969 (42 

4 U.S.C. 4321 et seq.); 

5 ‘‘(ii) involves the drilling of a geo6 thermal well at a location or well pad site 

7 at which drilling has occurred within 5 

8 years before the date of spudding the well; 

9 or 

10 ‘‘(iii) involves the drilling of a geo11 thermal well in a developed field for 

12 which— 

13 ‘‘(I) an approved land use plan 

14 or any environmental document pre15 pared under the National Environ16 mental Policy Act of 1969 (42 U.S.C. 

17 4321 et seq.) analyzed the drilling as 

18 a reasonably foreseeable activity; and 

19 ‘‘(II) the land use plan or envi20 ronmental document was approved 

21 within 10 years before the date of 

22 spudding the well. 

23 ‘‘(3) LIMITATION BASED ON EXTRAORDINARY

24 CIRCUMSTANCES.—The categorical exclusion estab25 lished under paragraph (1) shall be subject to ex-
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1 traordinary circumstances in accordance with the 

2 Departmental Manual, 516 DM 2.3A(3) and 516 

3 DM 2, Appendix 2 (or successor provisions). 

4 ‘‘(c) NOTICE OF INTENT; REVIEW AND DETERMINA5 TION.— 

6 ‘‘(1) REQUIREMENT TO PROVIDE NOTICE.—Not 

7 later than 30 days before the date on which drilling 

8 begins, a leaseholder intending to carry out an eligi9 ble activity shall provide notice to the Secretary con10 cerned. 

11 ‘‘(2) REVIEW OF PROJECT.—Not later than 10 

12 days after receipt of a notice of intent provided 

13 under paragraph (1), the Secretary concerned 

14 shall— 

15 ‘‘(A) review the project described in the 

16 notice and determine whether the project is an 

17 eligible activity; and 

18 ‘‘(B)(i) if the project is an eligible activity, 

19 notify the leaseholder that under subsection (b), 

20 the project is considered a categorical exclusion 

21 under the National Environmental Policy Act of 

22 1969 (42 U.S.C. 4321 et seq.) and section 

23 1508.4 of title 40, Code of Federal Regulations 

24 (or a successor regulation); or 
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1 ‘‘(ii) if the project is not an eligible activ2 ity— 

3 ‘‘(I) notify the leaseholder that section 

4 102(2)(C) of the National Environmental 

5 Policy Act of 1969 (42 U.S.C. 4332(2)(C)) 

6 applies to the project; 

7 ‘‘(II) include in that notification clear 

8 and detailed findings on any deficiencies in 

9 the project that prevent the application of 

10 subsection (b) to the project; and 

11 ‘‘(III) provide an opportunity to the 

12 leaseholder to remedy the deficiencies de13 scribed in the notification before the date 

14 on which the leaseholder plans to begin the 

15 project under paragraph (1).’’. 

16 PART III—MARINE HYDROKINETIC 

17 SEC. 3013. DEFINITION OF MARINE AND HYDROKINETIC RE18 NEWABLE ENERGY. 

19 Section 632 of the Energy Independence and Security 

20 Act of 2007 (42 U.S.C. 17211) is amended in the matter 

21 preceding paragraph (1) by striking ‘‘electrical’’. 
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1 SEC. 3014. MARINE AND HYDROKINETIC RENEWABLE EN2 ERGY RESEARCH AND DEVELOPMENT. 

3 Section 633 of the Energy Independence and Security 

4 Act of 2007 (42 U.S.C. 17212) is amended to read as 

5 follows: 

6 ‘‘SEC. 633. MARINE AND HYDROKINETIC RENEWABLE EN7 ERGY RESEARCH AND DEVELOPMENT. 

8 ‘‘The Secretary, in consultation with the Secretary of 

9 the Interior, the Secretary of Commerce, and the Federal 

10 Energy Regulatory Commission, shall carry out a program 

11 of research, development, demonstration, and commercial 

12 application to accelerate the introduction of marine and 

13 hydrokinetic renewable energy production into the United 

14 States energy supply, giving priority to fostering acceler15 ated research, development, and commercialization of 

16 technology, including programs— 

17 ‘‘(1) to assist technology development to im18 prove the components, processes, and systems used 

19 for power generation from marine and hydrokinetic 

20 renewable energy resources; 

21 ‘‘(2) to establish critical testing infrastructure 

22 necessary— 

23 ‘‘(A) to cost effectively and efficiently test 

24 and prove marine and hydrokinetic renewable 

25 energy devices; and 
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1 ‘‘(B) to accelerate the technological readi2 ness and commercialization of those devices; 

3 ‘‘(3) to support efforts to increase the efficiency 

4 of energy conversion, lower the cost, increase the 

5 use, improve the reliability, and demonstrate the ap6 plicability of marine and hydrokinetic renewable en7 ergy technologies by participating in demonstration 

8 projects; 

9 ‘‘(4) to investigate variability issues and the ef10 ficient and reliable integration of marine and 

11 hydrokinetic renewable energy with the utility grid; 

12 ‘‘(5) to identify and study critical short- and 

13 long-term needs to create a sustainable marine and 

14 hydrokinetic renewable energy supply chain based in 

15 the United States; 

16 ‘‘(6) to increase the reliability and survivability 

17 of marine and hydrokinetic renewable energy tech18 nologies; 

19 ‘‘(7) to verify the performance, reliability, main20 tainability, and cost of new marine and hydrokinetic 

21 renewable energy device designs and system compo22 nents in an operating environment, and consider the 

23 protection of critical infrastructure, such as ade24 quate separation between marine and hydrokinetic 

25 devices and projects and submarine telecommuni-
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1 cations cables, including consideration of established 

2 industry standards; 

3 ‘‘(8) to coordinate and avoid duplication of ac4 tivities across programs of the Department and 

5 other applicable Federal agencies, including National 

6 Laboratories and to coordinate public-private col7 laboration in all programs under this section; 

8 ‘‘(9) to identify opportunities for joint research 

9 and development programs and development of 

10 economies of scale between— 

11 ‘‘(A) marine and hydrokinetic renewable 

12 energy technologies; and 

13 ‘‘(B) other renewable energy and fossil en14 ergy programs, offshore oil and gas production 

15 activities, and activities of the Department of 

16 Defense; and 

17 ‘‘(10) to support in-water technology develop18 ment with international partners using existing co19 operative procedures (including memoranda of un20 derstanding)— 

21 ‘‘(A) to allow cooperative funding and 

22 other support of value to be exchanged and le23 veraged; and 

24 ‘‘(B) to encourage the participation of 

25 international research centers and companies 
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1 within the United States and the participation 

2 of United States research centers and compa3 nies in international projects.’’. 

4 SEC. 3015. NATIONAL MARINE RENEWABLE ENERGY RE5 SEARCH, DEVELOPMENT, AND DEMONSTRA6 TION CENTERS. 

7 Section 634 of the Energy Independence and Security 

8 Act of 2007 (42 U.S.C. 17213) is amended by striking 

9 subsection (b) and inserting the following: 

10 ‘‘(b) PURPOSES.—A Center (in coordination with the 

11 Department and National Laboratories) shall— 

12 ‘‘(1) advance research, development, demonstra13 tion, and commercial application of marine and 

14 hydrokinetic renewable energy technologies; 

15 ‘‘(2) support in-water testing and demonstra16 tion of marine and hydrokinetic renewable energy 

17 technologies, including facilities capable of testing— 

18 ‘‘(A) marine and hydrokinetic renewable 

19 energy systems of various technology readiness 

20 levels and scales; 

21 ‘‘(B) a variety of technologies in multiple 

22 test berths at a single location; and 

23 ‘‘(C) arrays of technology devices; and 

24 ‘‘(3) serve as information clearinghouses for the 

25 marine and hydrokinetic renewable energy industry 
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1 by collecting and disseminating information on best 

2 practices in all areas relating to developing and 

3 managing marine and hydrokinetic renewable energy 

4 resources and energy systems.’’. 

5 SEC. 3016. AUTHORIZATION OF APPROPRIATIONS. 

6 Section 636 of the Energy Independence and Security 

7 Act of 2007 (42 U.S.C. 17215) is amended by striking 

8 ‘‘$50,000,000 for each of the fiscal years 2008 through 

9 2012’’ and inserting ‘‘$55,000,000 for each of fiscal years 

10 2017 and 2018 and $60,000,000 for each of fiscal years 

11 2019 through 2021’’. 

12 PART IV—BIOMASS 

13 SEC. 3017. POLICIES RELATING TO BIOMASS ENERGY. 

14 To support the key role that forests in the United 

15 States can play in addressing the energy needs of the 

16 United States, the Secretary, the Secretary of Agriculture, 

17 and the Administrator of the Environmental Protection 

18 Agency shall, consistent with their missions, jointly— 

19 (1) ensure that Federal policy relating to forest 

20 bioenergy— 

21 (A) is consistent across all Federal depart22 ments and agencies; and 

23 (B) recognizes the full benefits of the use 

24 of forest biomass for energy, conservation, and 

25 responsible forest management; and 
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1 (2) establish clear and simple policies for the 

2 use of forest biomass as an energy solution, includ3 ing policies that— 

4 (A) reflect the carbon-neutrality of forest 

5 bioenergy and recognize biomass as a renewable 

6 energy source, provided the use of forest bio7 mass for energy production does not cause con8 version of forests to non-forest use. 

9 (B) encourage private investment through10 out the forest biomass supply chain, including 

11 in— 

12 (i) working forests; 

13 (ii) harvesting operations; 

14 (iii) forest improvement operations; 

15 (iv) forest bioenergy production; 

16 (v) wood products manufacturing; or 

17 (vi) paper manufacturing; 

18 (C) encourage forest management to im19 prove forest health; and 

20 (D) recognize State initiatives to produce 

21 and use forest biomass. 
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1 Subtitle B—Oil and Gas 

2 SEC. 3101. AMENDMENTS TO THE METHANE HYDRATE RE3 SEARCH AND DEVELOPMENT ACT OF 2000. 

4 (a) METHANE HYDRATE RESEARCH AND DEVELOP5 MENT PROGRAM.— 

6 (1) IN GENERAL.—Section 4 of the Methane 

7 Hydrate Research and Development Act of 2000 (30 

8 U.S.C. 2003) is amended by striking subsection (b) 

9 and inserting the following: 

10 ‘‘(b) GRANTS, CONTRACTS, COOPERATIVE AGREE11 MENTS, INTERAGENCY FUNDS TRANSFER AGREEMENTS, 

12 AND FIELD WORK PROPOSALS.— 

13 ‘‘(1) ASSISTANCE AND COORDINATION.—In car14 rying out the program of methane hydrate research 

15 and development authorized by this section, the Sec16 retary may award grants to, or enter into contracts 

17 or cooperative agreements with, institutions— 

18 ‘‘(A) to conduct basic and applied re19 search— 

20 ‘‘(i) to identify, explore, assess, and 

21 develop methane hydrate as a commercially 

22 viable source of energy; and 

23 ‘‘(ii) to identify the environmental, 

24 health, and safety impacts of methane hy25 drate development; 
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1 ‘‘(B) to identify and characterize methane 

2 hydrate resources using remote sensing and 

3 seismic data, including the characterization of 

4 hydrate concentrations in marine reservoirs in 

5 the Gulf of Mexico by the date that is 4 years 

6 after the date of enactment of the Energy Pol7 icy Modernization Act of 2016; 

8 ‘‘(C) to develop technologies required for 

9 efficient and environmentally sound develop10 ment of methane hydrate resources; 

11 ‘‘(D) to conduct basic and applied research 

12 to assess and mitigate the environmental im13 pact of hydrate degassing (including natural 

14 degassing and degassing associated with com15 mercial development); 

16 ‘‘(E) to develop technologies to reduce the 

17 risks of drilling through methane hydrates; 

18 ‘‘(F) to conduct exploratory drilling, well 

19 testing, and production testing operations on 

20 permafrost and nonpermafrost gas hydrates in 

21 support of the activities authorized by this 

22 paragraph, including— 

23 ‘‘(i) drilling of a test well and per24 forming a long-term hydrate production 

25 test on land in the United States Arctic re-
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1 gion by the date that is 4 years after the 

2 date of enactment of the Energy Policy 

3 Modernization Act of 2016; 

4 ‘‘(ii) drilling of a test well and per5 forming a long-term hydrate production 

6 test in a marine environment by the date 

7 that is 10 years after the date of enact8 ment of the Energy Policy Modernization 

9 Act of 2016; and 

10 ‘‘(iii) drilling a full-scale production 

11 test well at a location to be determined by 

12 the Secretary; or 

13 ‘‘(G) to expand education and training pro14 grams in methane hydrate resource research 

15 and resource development through fellowships 

16 or other means for graduate education and 

17 training. 

18 ‘‘(2) ENVIRONMENTAL MONITORING AND RE19 SEARCH.—The Secretary shall conduct a long-term 

20 environmental monitoring and research program to 

21 study the effects of production from methane hy22 drate reservoirs. 

23 ‘‘(3) COMPETITIVE PEER REVIEW.—Funds 

24 made available under paragraphs (1) and (2) shall 

25 be made available based on a competitive process 
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1 using external scientific peer review of proposed re2 search.’’. 

3 (2) CONFORMING AMENDMENT.—Section 4(e) 

4 of the Methane Hydrate Research and Development 

5 Act of 2000 (30 U.S.C. 2003(e)) is amended in the 

6 matter preceding paragraph (1) by striking ‘‘sub7 section (b)(1)’’ and inserting ‘‘paragraphs (1) and 

8 (2) of subsection (b)’’. 

9 (b) AUTHORIZATION OF APPROPRIATIONS.—The 

10 Methane Hydrate Research and Development Act of 2000 

11 is amended by striking section 7 (30 U.S.C. 2006) and 

12 inserting the following: 

13 ‘‘SEC. 7. AUTHORIZATION OF APPROPRIATIONS. 

14 ‘‘There is authorized to be appropriated to carry out 

15 this Act $35,000,000 for each of fiscal years 2017 through 

16 2021.’’. 

17 SEC. 3102. LIQUEFIED NATURAL GAS STUDY. 

18 (a) STUDY.— 

19 (1) IN GENERAL.—Not later than 1 year after 

20 the date of enactment of this Act, the Secretary, in 

21 consultation with the National Association of Regu22 latory Utility Commissioners and the National Asso23 ciation of State Energy Officials, shall conduct a 

24 study of the State, regional, and national implica-
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1 tions of exporting liquefied natural gas with respect 

2 to consumers and the economy. 

3 (2) CONTENTS.—The study conducted under 

4 paragraph (1) shall include an analysis of— 

5 (A) the economic impact that exporting liq6 uefied natural gas will have in regions that cur7 rently import liquefied natural gas; 

8 (B) job creation in the manufacturing sec9 tors; and 

10 (C) such other issues as the Secretary con11 siders appropriate. 

12 (b) REPORT TO CONGRESS.—Not later than 1 year 

13 after the date of enactment of this Act, the Administrator 

14 shall submit to Congress a report on the results of the 

15 study conducted under subsection (a). 

16 SEC. 3103. FERC PROCESS COORDINATION WITH RESPECT 

17 TO REGULATORY APPROVAL OF GAS 

18 PROJECTS. 

19 (a) DEFINITIONS.—In this section: 

20 (1) COMMISSION.—The term ‘‘Commission’’ 

21 means the Federal Energy Regulatory Commission. 

22 (2) FEDERAL AUTHORIZATION.— 

23 (A) IN GENERAL.—The term ‘‘Federal au24 thorization’’ means any authorization required 

25 under Federal law with respect to an applica-
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1 tion for authorization or a certificate of public 

2 convenience and necessity relating to gas trans3 portation subject to the jurisdiction of the Com4 mission. 

5 (B) INCLUSIONS.—The term ‘‘Federal au6 thorization’’ includes any permits, special use 

7 authorizations, certifications, opinions, or other 

8 approvals as may be required under Federal law 

9 with respect to an application for authorization 

10 or a certificate of public convenience and neces11 sity relating to gas transportation subject to the 

12 jurisdiction of the Commission. 

13 (b) DESIGNATION AS LEAD AGENCY.— 

14 (1) IN GENERAL.—The Commission shall act as 

15 the lead agency for the purposes of— 

16 (A) coordinating all applicable Federal au17 thorizations; and 

18 (B) compliance with the National Environ19 mental Policy Act of 1969 (42 U.S.C. 4321 et 

20 seq.). 

21 (2) OTHER AGENCIES.—Each Federal and 

22 State agency considering an aspect of an application 

23 for Federal authorization shall cooperate with the 

24 Commission. 

25 (c) SCHEDULE.— 
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1 (1) TIMING FOR ISSUANCE.—It is the sense of 

2 Congress that all Federal authorizations required for 

3 a project or facility should be issued by not later 

4 than the date that is 90 days after the date on 

5 which an application is considered to be complete by 

6 the Commission. 

7 (2) COMMISSION SCHEDULE.— 

8 (A) IN GENERAL.—The Commission shall 

9 establish a schedule for the issuance of all Fed10 eral authorizations. 

11 (B) REQUIREMENTS.—In establishing the 

12 schedule under subparagraph (A), the Commis13 sion shall— 

14 (i) consult and cooperate with the 

15 Federal and State agencies responsible for 

16 a Federal authorization; 

17 (ii) ensure the expeditious completion 

18 of all proceedings relating to a Federal au19 thorization; and 

20 (iii) comply with applicable schedules 

21 established under Federal law with respect 

22 to a Federal authorization. 

23 (3) RESOLUTION OF INTERAGENCY DIS24 PUTES.—If the Federal agency with responsibility 

25 fails to adhere to the schedule established by the 
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1 Commission under paragraph (2), or if a Federal 

2 authorization has been unreasonably denied, or if a 

3 Federal authorization would be inconsistent with the 

4 purposes of this section or other applicable law, the 

5 Commission shall refer the matter to the Chairman 

6 of the Council on Environmental Quality— 

7 (A) to ensure timely participation; 

8 (B) to ensure a timely decision; 

9 (C) to mediate the dispute; or 

10 (D) to refer the matter to the President. 

11 (d) CONSOLIDATED RECORD.—The Commission shall 

12 maintain official consolidated records of all license pro13 ceedings under this section. 

14 (e) DEFERENCE TO COMMISSION.—In making a deci15 sion with respect to a Federal authorization, each agency 

16 shall give deference, to the maximum extent authorized 

17 by law, to the scope of environmental review that the Com18 mission determines to be appropriate. 

19 (f) CONCURRENT REVIEWS.—Pursuant to the sched20 ule established under subsection (c)(2), each agency con21 sidering an aspect of an application for Federal authoriza22 tion shall— 

23 (1) to the maximum extent authorized by law, 

24 carry out the obligations of that agency under appli25 cable law concurrently and in conjunction with the 
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1 review required by the National Environmental Pol2 icy Act of 1969 (42 U.S.C. 4321 et seq.), unless 

3 doing so would impair the ability of the agency to 

4 conduct needed analysis or otherwise carry out those 

5 obligations; 

6 (2) formulate and implement administrative, 

7 policy, and procedural mechanisms to enable the 

8 agency to complete the required Federal authoriza9 tions in accordance with the schedule described in 

10 subsection (c); and 

11 (3) transmit to the Commission a statement— 

12 (A) acknowledging notice of the schedule 

13 described in subsection (c); and 

14 (B) describing the plan formulated under 

15 paragraph (2). 

16 (g) FAILURE TO MEET DEADLINE.—If an agency 

17 does not complete a proceeding for an approval that is 

18 required for a Federal authorization in accordance with 

19 the schedule described in subsection (c), the head of the 

20 relevant Federal agency (including, in the case of a failure 

21 by the State agency or unit of local government, the Fed22 eral agency overseeing the delegated authority) shall— 

23 (1) notify Congress and the Commission of the 

24 failure; and 
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1 (2) describe in that notification an implementa2 tion plan to ensure completion. 

3 (h) 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 each 

22 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 delay. 

4 SEC. 3104. PILOT PROGRAM. 

5 (a) ESTABLISHMENT.—The Secretary of the Interior, 

6 acting through the Director of the Bureau of Land Man7 agement (referred to in this section as the ‘‘Director’’), 

8 shall establish a pilot program in 1 State with at least 

9 2,000 oil and gas drilling spacing units (as defined under 

10 State law), in which— 

11 (1) 25 percent or less of the minerals are owned 

12 or held in trust by the Federal Government; and 

13 (2) there is no surface land owned or held in 

14 trust by the Federal Government. 

15 (b) ACTIVITIES.—In carrying out the pilot program, 

16 the Director shall identify and implement ways to stream17 line the review and approval of Applications for Permits 

18 to Drill for oil and gas drilling spacing units of the State 

19 in order to achieve a processing time for those oil and gas 

20 drilling spacing units similar to that of spacing units that 

21 require an Application for Permit to Drill and are not part 

22 of the pilot program in the same State. 

23 (c) FUNDING.—Beginning in fiscal year 2016, and 

24 for a period of 3 years thereafter, to carry out the pilot 
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1 program efficiently, the Director may fund up to 10 full2 time equivalents at appropriate field offices. 

3 (d) REPORT.—Not later than 4 years after the date 

4 of enactment of this Act, the Director shall submit to Con5 gress a report on the results of the pilot program. 

6 (e) WAIVER.—The Secretary of the Interior may 

7 waive the requirement for an Application for Permit to 

8 Drill if the Director determines that the mineral interest 

9 of the United States in the spacing units in land covered 

10 by this section is adequately protected, if otherwise in ac11 cordance with applicable laws, regulations, and lease 

12 terms. 

13 SEC. 3105. GAO REVIEW AND REPORT. 

14 (a) IN GENERAL.—Not later than 1 year after the 

15 date of enactment of this Act, and annually thereafter for 

16 2 years, the Comptroller General of the United States 

17 shall conduct a review of— 

18 (1) energy production in the United States; and 

19 (2) the effects, if any, of crude oil exports from 

20 the United States on consumers, independent refin21 ers, and shipbuilding and ship repair yards. 

22 (b) CONTENTS OF REPORT.—Not later than 1 year 

23 after commencing each review under subsection (a), the 

24 Comptroller General of the United States shall submit to 

25 the Committees on Energy and Natural Resources, Bank-
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1 ing, Housing, and Urban Affairs, Commerce, Science, and 

2 Transportation, and Foreign Relations of the Senate and 

3 the Committees on Natural Resources, Energy and Com4 merce, Financial Services, and Foreign Affairs of the 

5 House of Representatives a report that includes— 

6 (1) a statement of the principal findings of the 

7 review; and 

8 (2) recommendations for Congress and the 

9 President to address any job loss in the shipbuilding 

10 and ship repair industry or adverse impacts on con11 sumers and refiners that the Comptroller General of 

12 the United States attributes to unencumbered crude 

13 oil exports in the United States. 

14 SEC. 3106. ETHANE STORAGE STUDY. 

15 (a) IN GENERAL.—The Secretary and the Secretary 

16 of Commerce, in consultation with other relevant Federal 

17 departments and agencies and stakeholders, shall conduct 

18 a study of the feasibility of establishing an ethane storage 

19 and distribution hub in the Marcellus, Utica, and 

20 Rogersville shale plays in the United States. 

21 (b) CONTENTS.—The study conducted under sub22 section (a) shall include— 

23 (1) an examination of, with respect to the pro24 posed ethane storage and distribution hub— 

25 (A) potential locations; 
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1 (B) economic feasibility; 

2 (C) economic benefits; 

3 (D) geological storage capacity capabilities; 

4 (E) above-ground storage capabilities; 

5 (F) infrastructure needs; and 

6 (G) other markets and trading hubs, par7 ticularly hubs relating to ethane; and 

8 (2) the identification of potential additional 

9 benefits of the proposed hub to energy security. 

10 (c) PUBLICATION OF RESULTS.—Not later than 2 

11 years after the date of enactment of this Act, the Sec12 retary and the Secretary of Commerce shall— 

13 (1) submit to the Committee on Energy and 

14 Commerce of the House of Representatives and the 

15 Committees on Energy and Natural Resources and 

16 Commerce, Science, and Transportation of the Sen17 ate a report describing the results of the study 

18 under subsection (a); and 

19 (2) publish those results on the Internet 

20 websites of the Departments of Energy and Com21 merce, respectively. 

22 SEC. 3107. ALISO CANYON NATURAL GAS LEAK TASK 

23 FORCE. 

24 (a) ESTABLISHMENT OF TASK FORCE.—Not later 

25 than 15 days after the date of enactment of this Act, the 
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1 Secretary shall lead and establish an Aliso Canyon Task 

2 Force (referred to in this section as the ‘‘task force’’). 

3 (b) MEMBERSHIP OF TASK FORCE.—In addition to 

4 the Secretary, the task force shall be composed of— 

5 (1) 1 representative from the Pipeline and Haz6 ardous Materials Safety Administration; 

7 (2) 1 representative from the Department of 

8 Health and Human Services; 

9 (3) 1 representative from the Environmental 

10 Protection Agency; 

11 (4) 1 representative from the Department of 

12 the Interior; 

13 (5) 1 representative from the Department of 

14 Commerce; and 

15 (6) 1 representative from the Federal Energy 

16 Regulatory Commission. 

17 (c) REPORT.— 

18 (1) FINAL REPORT.— 

19 (A) IN GENERAL.—Not later than 180 

20 days after the date of enactment of this Act, 

21 the task force shall submit a final report that 

22 contains the information described in subpara23 graph (B) to— 

24 (i) the Committee on Energy and 

25 Natural Resources of the Senate; 
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1 (ii) the Committee on Natural Re2 sources of the House of Representatives; 

3 (iii) the Committee on Environment 

4 and Public Works of the Senate; 

5 (iv) the Committee on Transportation 

6 and Infrastructure of the House of Rep7 resentatives; 

8 (v) the Committee on Commerce, 

9 Science, and Transportation of the Senate; 

10 (vi) the Committee on Energy and 

11 Commerce of the House of Representa12 tives; 

13 (vii) the Committee on Health, Edu14 cation, Labor, and Pensions of the Senate; 

15 (viii) the Committee on Education and 

16 the Workforce of the House of Representa17 tives; 

18 (ix) the President; and 

19 (x) relevant Federal and State agen20 cies. 

21 (B) INFORMATION INCLUDED.—The report 

22 submitted under subparagraph (A) shall in23 clude, at a minimum— 

24 (i) an analysis and conclusion of the 

25 cause of the Aliso Canyon natural gas leak; 
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1 (ii) an analysis of measures taken to 

2 stop the natural gas leak, with an imme3 diate focus on other, more effective meas4 ures that could be taken; 

5 (iii) an assessment of the impact of 

6 the natural gas leak on health, safety, the 

7 environment, and the economy of the resi8 dents and property surrounding Aliso Can9 yon; 

10 (iv) an analysis of how Federal and 

11 State agencies responded to the natural 

12 gas leak; 

13 (v) in order to lessen the negative im14 pacts of natural gas leaks, recommenda15 tions on how to improve— 

16 (I) the response to a future leak; 

17 and 

18 (II) coordination between all ap19 propriate Federal, State, and local 

20 agencies in the response to the Aliso 

21 Canyon natural gas leak and future 

22 natural gas leaks; 

23 (vi) an analysis of the potential for a 

24 similar natural gas leak to occur at other 
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1 underground natural gas storage facilities 

2 in the United States; 

3 (vii) recommendations on how to pre4 vent any future natural gas leaks; 

5 (viii) recommendations on whether to 

6 continue operations at Aliso Canyon and 

7 other facilities in close proximity to resi8 dential populations based on an assessment 

9 of the risk of a future natural gas leak; 

10 (ix) a recommendation on information 

11 that is not currently collected but that 

12 would be in the public interest to collect 

13 and distribute to agencies and institutions 

14 for the continued study and monitoring of 

15 natural gas infrastructure in the United 

16 States; 

17 (x) an analysis of the impact of the 

18 Aliso Canyon natural gas leak on wholesale 

19 and retail electricity prices; and 

20 (xi) an analysis of the impact of the 

21 Aliso Canyon natural gas leak on the reli22 ability of the bulk-power system. 

23 (2) PUBLICATION.—The interim reports and 

24 recommendations under paragraph (1) and the final 
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1 report under paragraph (2) shall be made available 

2 to the public in an electronically accessible format. 

3 (3) If, before the final report is submitted 

4 under paragraph (1) the task force finds methods to 

5 solve the natural gas leak at Aliso Canyon; better 

6 protect the affected communities; or finds methods 

7 to help prevent other leaks, they must immediately 

8 issue such findings to the same entities that are to 

9 receive the final report. 

10 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

11 are authorized to be appropriated to carry out this section 

12 such sums as may be necessary. 

13 SEC. 3108. REPORT ON INCORPORATING INTERNET-BASED 

14 LEASE SALES. 

15 Not later than 180 days after the date of enactment 

16 of this Act, the Secretary of the Interior shall submit to 

17 Congress a report containing recommendations for the in18 corporation of Internet-based lease sales at the Bureau of 

19 Land Management in accordance with section 17(b)(1)(C) 

20 of the Mineral Leasing Act (30 U.S.C. 226(b)(1)(C)) in 

21 the event of an emergency or other disruption causing a 

22 disruption to a sale. 
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1 SEC. 3109. DENALI NATIONAL PARK AND PRESERVE NAT2 URAL GAS PIPELINE. 

3 (a) PERMIT.—Section 3(b)(1) of the Denali National 

4 Park Improvement Act (Public Law 113–33; 127 Stat. 

5 516) is amended by striking ‘‘within, along, or near the 

6 approximately 7-mile segment of the George Parks High7 way that runs through the Park’’. 

8 (b) TERMS AND CONDITIONS.—Section 3(c)(1) of the 

9 Denali National Park Improvement Act (Public Law 113– 

10 33; 127 Stat. 516) is amended— 

11 (1) in subparagraph (A), by inserting ‘‘and’’ 

12 after the semicolon; 

13 (2) by striking subparagraph (B); and 

14 (3) by redesignating subparagraph (C) as sub15 paragraph (B). 

16 (c) APPLICABLE LAW.—Section 3 of the Denali Na17 tional Park Improvement Act (Public Law 113–33; 127 

18 Stat. 515) is amended by adding at the end the following: 

19 ‘‘(d) APPLICABLE LAW.—A high pressure gas trans20 mission pipeline (including appurtenances) in a nonwilder21 ness area within the boundary of the Park, shall not be 

22 subject to title XI of the Alaska National Interest Lands 

23 Conservation Act (16 U.S.C. 3161 et seq.).’’. 
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1 Subtitle C—Helium 

2 SEC. 3201. RIGHTS TO HELIUM. 

3 (a) DEFINITION OF HELIUM-RELATED PROJECT.— 

4 The term ‘‘helium-related project’’ means a project— 

5 (1) to explore or produce crude helium; and 

6 (2) to sell crude or refined helium. 

7 (b) EXPEDITED COMPLETION.—Notwithstanding any 

8 other provision of law, applicable environmental reviews 

9 under the National Environmental Policy Act of 1969 (42 

10 U.S.C. 4321 et seq.) for helium-related projects shall be 

11 completed on an expeditious basis and the shortest exist12 ing applicable process under that Act shall be used for 

13 such projects. 

14 (c) REPEAL OF RESERVATION OF HELIUM

15 RIGHTS.—The first section of the Mineral Leasing Act 

16 (30 U.S.C. 181) is amended by striking the flush text that 

17 follows the last undesignated subsection. 

18 (d) RIGHTS TO HELIUM UNDER LEASES UNDER

19 MINERAL LEASING ACT FOR ACQUIRED LANDS.—The 

20 Mineral Leasing Act for Acquired Lands (30 U.S.C. 351 

21 et seq.) is amended by adding at the end the following: 

22 ‘‘SEC. 12. RIGHTS TO HELIUM. 

23 ‘‘Any lease issued under this Act that authorizes ex24 ploration for, or development or production of, gas shall 

25 be considered to grant to the lessee a right of first refusal 
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1 to engage in exploration for, and development and produc2 tion of, helium on land that is subject to the lease in ac3 cordance with regulations issued by the Secretary.’’. 

4 Subtitle D—Critical Minerals 

5 SEC. 3301. DEFINITIONS. 

6 In this subtitle: 

7 (1) CRITICAL MINERAL.— 

8 (A) IN GENERAL.—The term ‘‘critical min9 eral’’ means any mineral, element, substance, or 

10 material designated as critical pursuant to sec11 tion 3303. 

12 (B) EXCLUSIONS.—The term ‘‘critical 

13 mineral’’ does not include— 

14 (i) fuel minerals, including oil, natural 

15 gas, or any other fossil fuels; or 

16 (ii) water, ice, or snow. 

17 (2) CRITICAL MINERAL MANUFACTURING.—The 

18 term ‘‘critical mineral manufacturing’’ means— 

19 (A) the production, processing, refining, 

20 alloying, separation, concentration, magnetic 

21 sintering, melting, or beneficiation of critical 

22 minerals within the United States; 

23 (B) the fabrication, assembly, or produc24 tion, within the United States, of equipment, 

25 components, or other goods with energy tech-
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1 nology-, defense-, agriculture-, consumer elec2 tronics-, or health care-related applications; or 

3 (C) any other value-added, manufacturing4 related use of critical minerals undertaken with5 in the United States. 

6 (3) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 

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

8 Indian Self-Determination and Education Assistance 

9 Act (25 U.S.C. 450b). 

10 (4) STATE.—The term ‘‘State’’ means— 

11 (A) a State; 

12 (B) the District of Columbia; 

13 (C) the Commonwealth of Puerto Rico; 

14 (D) Guam; 

15 (E) American Samoa; 

16 (F) the Commonwealth of the Northern 

17 Mariana Islands; and 

18 (G) the United States Virgin Islands. 

19 SEC. 3302. POLICY. 

20 (a) IN GENERAL.—Section 3 of the National Mate21 rials and Minerals Policy, Research and Development Act 

22 of 1980 (30 U.S.C. 1602) is amended in the second sen23 tence— 

24 (1) by striking paragraph (3) and inserting the 

25 following: 
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1 ‘‘(3) establish an analytical and forecasting ca2 pability for identifying critical mineral demand, sup3 ply, and other factors to allow informed actions to 

4 be taken to avoid supply shortages, mitigate price 

5 volatility, and prepare for demand growth and other 

6 market shifts;’’; 

7 (2) in paragraph (6), by striking ‘‘and’’ after 

8 the semicolon at the end; and 

9 (3) by striking paragraph (7) and inserting the 

10 following: 

11 ‘‘(7) encourage Federal agencies to facilitate 

12 the availability, development, and environmentally 

13 responsible production of domestic resources to meet 

14 national material or critical mineral needs; 

15 ‘‘(8) avoid duplication of effort, prevent unnec16 essary paperwork, and minimize delays in the ad17 ministration of applicable laws (including regula18 tions) and the issuance of permits and authoriza19 tions necessary to explore for, develop, and produce 

20 critical minerals and to construct critical mineral 

21 manufacturing facilities in accordance with applica22 ble environmental and land management laws; 

23 ‘‘(9) strengthen educational and research capa24 bilities and workforce training; 
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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 Policy Modernization Act of 2016. 

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 of 

25 the Interior (acting through the Director of the United 
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1 States Geological Survey) (referred to in this subtitle as 

2 the ‘‘Secretary’’), in consultation with relevant Federal 

3 agencies and entities, shall publish in the Federal Register 

4 for public comment a draft methodology for determining 

5 which minerals qualify as critical minerals based on an 

6 assessment of 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 2015’’; 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 SEC. 3306. FEDERAL REGISTER PROCESS. 

12 (a) DEPARTMENTAL REVIEW.—Absent any extraor13 dinary circumstance, and except as otherwise required by 

14 law, the Secretary and the Secretary of Agriculture shall 

15 ensure that each Federal Register notice described in sub16 section (b) shall be— 

17 (1) subject to any required reviews within the 

18 Department of the Interior or the Department of 

19 Agriculture; and 

20 (2) published in final form in the Federal Reg21 ister not later than 45 days after the date of initial 

22 preparation of the notice. 

23 (b) PREPARATION.—The preparation of Federal Reg24 ister notices required by law associated with the issuance 

25 of a critical mineral exploration or mine permit shall be 
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1 delegated to the organizational level within the agency re2 sponsible for issuing the critical mineral exploration or 

3 mine permit. 

4 (c) TRANSMISSION.—All Federal Register notices re5 garding official document availability, announcements of 

6 meetings, or notices of intent to undertake an action shall 

7 be originated in, and transmitted to the Federal Register 

8 from, the office in which, as applicable— 

9 (1) the documents or meetings are held; or 

10 (2) the activity is initiated. 

11 SEC. 3307. RECYCLING, EFFICIENCY, AND ALTERNATIVES. 

12 (a) ESTABLISHMENT.—The Secretary of Energy (re13 ferred to in this section as the ‘‘Secretary’’) shall conduct 

14 a program of research and development— 

15 (1) to promote the efficient production, use, 

16 and recycling of critical minerals throughout the 

17 supply chain; and 

18 (2) to develop alternatives to critical minerals 

19 that do not occur in significant abundance in the 

20 United States. 

21 (b) COOPERATION.—In carrying out the program, the 

22 Secretary shall cooperate with appropriate— 

23 (1) Federal agencies and National Laboratories; 

24 (2) critical mineral producers; 

25 (3) critical mineral processors; 
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1 (4) critical mineral manufacturers; 

2 (5) trade associations; 

3 (6) academic institutions; 

4 (7) small businesses; and 

5 (8) other relevant entities or individuals. 

6 (c) ACTIVITIES.—Under the program, the Secretary 

7 shall carry out activities that include the identification and 

8 development of— 

9 (1) advanced critical mineral extraction, pro10 duction, separation, alloying, or processing tech11 nologies that decrease the energy consumption, envi12 ronmental impact, and costs of those activities, in13 cluding— 

14 (A) efficient water and wastewater man15 agement strategies; 

16 (B) technologies and management strate17 gies to control the environmental impacts of 

18 radionuclides in ore tailings; and 

19 (C) technologies for separation and proc20 essing; 

21 (2) technologies or process improvements that 

22 minimize the use, or lead to more efficient use, of 

23 critical minerals across the full supply chain; 

24 (3) technologies, process improvements, or de25 sign optimizations that facilitate the recycling of 
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1 critical minerals, and options for improving the rates 

2 of collection of products and scrap containing critical 

3 minerals from post-consumer, industrial, or other 

4 waste streams; 

5 (4) commercial markets, advanced storage 

6 methods, energy applications, and other beneficial 

7 uses of critical minerals processing byproducts; 

8 (5) alternative minerals, metals, and materials, 

9 particularly those available in abundance within the 

10 United States and not subject to potential supply re11 strictions, that lessen the need for critical minerals; 

12 and 

13 (6) alternative energy technologies or alter14 native designs of existing energy technologies, par15 ticularly those that use minerals that— 

16 (A) occur in abundance in the United 

17 States; and 

18 (B) are not subject to potential supply re19 strictions. 

20 (d) REPORTS.—Not later than 2 years after the date 

21 of enactment of this Act, and annually thereafter, the Sec22 retary shall submit to Congress a report summarizing the 

23 activities, findings, and progress of the program. 
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1 SEC. 3308. ANALYSIS AND FORECASTING. 

2 (a) CAPABILITIES.—In order to evaluate existing crit3 ical mineral policies and inform future actions that may 

4 be taken to avoid supply shortages, mitigate price vola5 tility, and prepare for demand growth and other market 

6 shifts, the Secretary, in consultation with the Energy In7 formation Administration, academic institutions, and oth8 ers in order to maximize the application of existing com9 petencies related to developing and maintaining computer10 models and similar analytical tools, shall conduct and pub11 lish the results of an annual report that includes— 

12 (1) as part of the annually published Mineral 

13 Commodity Summaries from the United States Geo14 logical Survey, a comprehensive review of critical 

15 mineral production, consumption, and recycling pat16 terns, including— 

17 (A) the quantity of each critical mineral 

18 domestically produced during the preceding 

19 year; 

20 (B) the quantity of each critical mineral 

21 domestically consumed during the preceding 

22 year; 

23 (C) market price data or other price data 

24 for each critical mineral; 

25 (D) an assessment of— 
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1 (i) critical mineral requirements to 

2 meet the national security, energy, eco3 nomic, industrial, technological, and other 

4 needs of the United States during the pre5 ceding year; 

6 (ii) the reliance of the United States 

7 on foreign sources to meet those needs 

8 during the preceding year; and 

9 (iii) the implications of any supply 

10 shortages, restrictions, or disruptions dur11 ing the preceding year; 

12 (E) the quantity of each critical mineral 

13 domestically recycled during the preceding year; 

14 (F) the market penetration during the pre15 ceding year of alternatives to each critical min16 eral; 

17 (G) a discussion of international trends as18 sociated with the discovery, production, con19 sumption, use, costs of production, prices, and 

20 recycling of each critical mineral as well as the 

21 development of alternatives to critical minerals; 

22 and 

23 (H) such other data, analyses, and evalua24 tions as the Secretary finds are necessary to 

25 achieve the purposes of this section; and 
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1 (2) a comprehensive forecast, entitled the ‘‘An2 nual Critical Minerals Outlook’’, of projected critical 

3 mineral production, consumption, and recycling pat4 terns, including— 

5 (A) the quantity of each critical mineral 

6 projected to be domestically produced over the 

7 subsequent 1-year, 5-year, and 10-year periods; 

8 (B) the quantity of each critical mineral 

9 projected to be domestically consumed over the 

10 subsequent 1-year, 5-year, and 10-year periods; 

11 (C) an assessment of— 

12 (i) critical mineral requirements to 

13 meet projected national security, energy, 

14 economic, industrial, technological, and 

15 other needs of the United States; 

16 (ii) the projected reliance of the 

17 United States on foreign sources to meet 

18 those needs; and 

19 (iii) the projected implications of po20 tential supply shortages, restrictions, or 

21 disruptions; 

22 (D) the quantity of each critical mineral 

23 projected to be domestically recycled over the 

24 subsequent 1-year, 5-year, and 10-year periods; 
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1 (E) the market penetration of alternatives 

2 to each critical mineral projected to take place 

3 over the subsequent 1-year, 5-year, and 10-year 

4 periods; 

5 (F) a discussion of reasonably foreseeable 

6 international trends associated with the dis7 covery, production, consumption, use, costs of 

8 production, and recycling of each critical min9 eral as well as the development of alternatives 

10 to critical minerals; and 

11 (G) such other projections relating to each 

12 critical mineral as the Secretary determines to 

13 be necessary to achieve the purposes of this sec14 tion. 

15 (b) PROPRIETARY INFORMATION.—In preparing a re16 port described in subsection (a), the Secretary shall en17 sure, consistent with section 5(f) of the National Materials 

18 and Minerals Policy, Research and Development Act of 

19 1980 (30 U.S.C. 1604(f)), that— 

20 (1) no person uses the information and data 

21 collected for the report for a purpose other than the 

22 development of or reporting of aggregate data in a 

23 manner such that the identity of the person or firm 

24 who supplied the information is not discernible and 
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1 is not material to the intended uses of the informa2 tion; 

3 (2) no person discloses any information or data 

4 collected for the report unless the information or 

5 data has been transformed into a statistical or ag6 gregate form that does not allow the identification of 

7 the person or firm who supplied particular informa8 tion; and 

9 (3) procedures are established to require the 

10 withholding of any information or data collected for 

11 the report if the Secretary determines that with12 holding is necessary to protect proprietary informa13 tion, including any trade secrets or other confiden14 tial information. 

15 SEC. 3309. EDUCATION AND WORKFORCE. 

16 (a) WORKFORCE ASSESSMENT.—Not later than 1 

17 year and 300 days after the date of enactment of this Act, 

18 the Secretary of Labor (in consultation with the Secretary, 

19 the Director of the National Science Foundation, institu20 tions of higher education with substantial expertise in 

21 mining, institutions of higher education with significant 

22 expertise in minerals research, including fundamental re23 search into alternatives, and employers in the critical min24 erals sector) shall submit to Congress an assessment of 

25 the domestic availability of technically trained personnel 
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1 necessary for critical mineral exploration, development, as2 sessment, production, manufacturing, recycling, analysis, 

3 forecasting, education, and research, including an analysis 

4 of— 

5 (1) skills that are in the shortest supply as of 

6 the date of the assessment; 

7 (2) skills that are projected to be in short sup8 ply in the future; 

9 (3) the demographics of the critical minerals in10 dustry and how the demographics will evolve under 

11 the influence of factors such as an aging workforce; 

12 (4) the effectiveness of training and education 

13 programs in addressing skills shortages; 

14 (5) opportunities to hire locally for new and ex15 isting critical mineral activities; 

16 (6) the sufficiency of personnel within relevant 

17 areas of the Federal Government for achieving the 

18 policies described in section 3 of the National Mate19 rials and Minerals Policy, Research and Develop20 ment Act of 1980 (30 U.S.C. 1602); and 

21 (7) the potential need for new training pro22 grams to have a measurable effect on the supply of 

23 trained workers in the critical minerals industry. 

24 (b) CURRICULUM STUDY.— 
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1 (1) IN GENERAL.—The Secretary and the Sec2 retary of Labor shall jointly enter into an arrange3 ment with the National Academy of Sciences and the 

4 National Academy of Engineering under which the 

5 Academies shall coordinate with the National 

6 Science Foundation on conducting a study— 

7 (A) to design an interdisciplinary program 

8 on critical minerals that will support the critical 

9 mineral supply chain and improve the ability of 

10 the United States to increase domestic, critical 

11 mineral exploration, development, production, 

12 manufacturing, research, including fundamental 

13 research into alternatives, and recycling; 

14 (B) to address undergraduate and grad15 uate education, especially to assist in the devel16 opment of graduate level programs of research 

17 and instruction that lead to advanced degrees 

18 with an emphasis on the critical mineral supply 

19 chain or other positions that will increase do20 mestic, critical mineral exploration, develop21 ment, production, manufacturing, research, in22 cluding fundamental research into alternatives, 

23 and recycling; 

24 (C) to develop guidelines for proposals 

25 from institutions of higher education with sub-
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1 stantial capabilities in the required disciplines 

2 for activities to improve the critical mineral 

3 supply chain and advance the capacity of the 

4 United States to increase domestic, critical min5 eral exploration, research, development, produc6 tion, manufacturing, and recycling; and 

7 (D) to outline criteria for evaluating per8 formance and recommendations for the amount 

9 of funding that will be necessary to establish 

10 and carry out the program described in sub11 section (c). 

12 (2) REPORT.—Not later than 2 years after the 

13 date of enactment of this Act, the Secretary shall 

14 submit to Congress a description of the results of 

15 the study required under paragraph (1). 

16 (c) PROGRAM.— 

17 (1) ESTABLISHMENT.—The Secretary and the 

18 Secretary of Labor shall jointly conduct a competi19 tive grant program under which institutions of high20 er education may apply for and receive 4-year grants 

21 for— 

22 (A) startup costs for newly designated fac23 ulty positions in integrated critical mineral edu24 cation, research, innovation, training, and work-
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1 force development programs consistent with 

2 subsection (b); 

3 (B) internships, scholarships, and fellow4 ships for students enrolled in programs related 

5 to critical minerals; 

6 (C) equipment necessary for integrated 

7 critical mineral innovation, training, and work8 force development programs; and 

9 (D) research of critical minerals and their 

10 applications, particularly concerning the manu11 facture of critical components vital to national 

12 security. 

13 (2) RENEWAL.—A grant under this subsection 

14 shall be renewable for up to 2 additional 3-year 

15 terms based on performance criteria outlined under 

16 subsection (b)(1)(D). 

17 SEC. 3310. NATIONAL GEOLOGICAL AND GEOPHYSICAL 

18 DATA PRESERVATION PROGRAM. 

19 Section 351(k) of the Energy Policy Act of 2005 (42 

20 U.S.C. 15908(k)) is amended by striking ‘‘$30,000,000 

21 for each of fiscal years 2006 through 2010’’ and inserting 

22 ‘‘$5,000,000 for each of fiscal years 2017 through 2026, 

23 to remain available until expended’’. 
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1 SEC. 3311. ADMINISTRATION. 

2 (a) IN GENERAL.—The National Critical Materials 

3 Act of 1984 (30 U.S.C. 1801 et seq.) is repealed. 

4 (b) CONFORMING AMENDMENT.—Section 3(d) of the 

5 National Superconductivity and Competitiveness Act of 

6 1988 (15 U.S.C. 5202(d)) is amended in the first sentence 

7 by striking ‘‘, with the assistance of the National Critical 

8 Materials Council as specified in the National Critical Ma9 terials Act of 1984 (30 U.S.C. 1801 et seq.),’’. 

10 (c) SAVINGS CLAUSES.— 

11 (1) IN GENERAL.—Nothing in this subtitle or 

12 an amendment made by this subtitle modifies any 

13 requirement or authority provided by— 

14 (A) the matter under the heading ‘‘GEO15 LOGICAL SURVEY’’ of the first section of the 

16 Act of March 3, 1879 (43 U.S.C. 31(a)); or 

17 (B) the first section of Public Law 87–626 

18 (43 U.S.C. 31(b)). 

19 (2) SECRETARIAL ORDER NOT AFFECTED.— 

20 This subtitle shall not apply to any mineral de21 scribed in Secretarial Order No. 3324, issued by the 

22 Secretary of the Interior on December 3, 2012, in 

23 any area to which the order applies. 
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1 SEC. 3312. AUTHORIZATION OF APPROPRIATIONS. 

2 There is authorized to be appropriated to carry out 

3 this subtitle $50,000,000 for each of fiscal years 2017 

4 through 2026. 

5 Subtitle E—Coal 

6 SEC. 3401. SENSE OF THE SENATE ON CARBON CAPTURE, 

7 USE, AND STORAGE DEVELOPMENT AND DE8 PLOYMENT. 

9 It is the sense of the Senate that— 

10 (1) carbon capture, use, and storage deploy11 ment is— 

12 (A) an important part of the clean energy 

13 future and smart research and development in14 vestments of the United States; and 

15 (B) critical— 

16 (i) to increasing the energy security of 

17 the United States; 

18 (ii) to reducing emissions; and 

19 (iii) to maintaining a diverse and reli20 able energy resource; 

21 (2) the fossil energy programs of the Depart22 ment should continue to focus on research and devel23 opment of technologies that will improve the cap24 ture, transportation, use (including for the produc25 tion through biofixation of carbon-containing prod26 ucts), and injection processes essential for carbon 
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1 capture, use, and storage activities in the electrical 

2 and industrial sectors; 

3 (3) the Secretary should continue to partner 

4 with the private sector and explore avenues to bring 

5 down the cost of carbon capture, including through 

6 loans, grants, and sequestration credits to help make 

7 carbon capture, use, and storage technologies more 

8 competitive compared to other technologies that are 

9 a part of the clean energy future of the United 

10 States; and 

11 (4) the Secretary should continue working with 

12 international partners on pre-existing agreements, 

13 projects, and information sharing activities of the 

14 Secretary to develop the latest and most cutting15 edge carbon capture, use, and storage technologies 

16 for the electrical and industrial sectors. 

17 SEC. 3402. FOSSIL ENERGY. 

18 Section 961(a) of the Energy Policy Act of 2005 (42 

19 U.S.C. 16291(a)) is amended by adding at the end the 

20 following: 

21 ‘‘(8) Improving the conversion, use, and storage 

22 of carbon dioxide produced from fossil fuels.’’. 

23 SEC. 3403. ESTABLISHMENT OF COAL TECHNOLOGY PRO24 GRAM. 

25 (a) REPEALS.— 
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1 (1) IN GENERAL.— 

2 (A) Sections 962 and 963 of the Energy 

3 Policy Act of 2005 (42 U.S.C. 16292, 16293) 

4 are repealed. 

5 (B) Subtitle A of title IV of the Energy 

6 Policy Act of 2005 (42 U.S.C. 15961 et seq.) 

7 is repealed. 

8 (2) SAVINGS CLAUSE.—Notwithstanding the 

9 amendments made by paragraph (1), the Secretary 

10 shall continue to manage any program activities that 

11 are outstanding as of the date of enactment of this 

12 Act under the terms and conditions of sections 962 

13 and 963 of the Energy Policy Act of 2005 (42 

14 U.S.C. 16292, 16293) or subtitle A of title IV of the 

15 Energy Policy Act of 2005 (42 U.S.C. 15961 et 

16 seq.) (as in effect on the day before the date of en17 actment of this Act), as applicable. 

18 (3) CONFORMING AMENDMENTS.— 

19 (A) Section 703(a)(3) of the Energy Inde20 pendence and Security Act of 2007 (42 U.S.C. 

21 17251(a)(3)) is amended— 

22 (i) in the matter preceding subpara23 graph (A), by striking the first and second 

24 sentences; and 
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1 (ii) in subparagraph (B), by striking 

2 ‘‘including’’ in the matter preceding clause 

3 (i) and all that follows through the period 

4 at the end and inserting ‘‘, including such 

5 geologic sequestration projects as are ap6 proved by the Secretary’’. 

7 (B) Section 704 of the Energy Independ8 ence and Security Act of 2007 (42 U.S.C. 

9 17252) is amended in the first sentence by 

10 striking ‘‘under section 963(c)(3) of the Energy 

11 Policy Act of 2005 (42 U.S.C. 16293(c)(3)), as 

12 added by section 702 of this subtitle, and’’. 

13 (b) ESTABLISHMENT OF COAL TECHNOLOGY PRO14 GRAM.—The Energy Policy Act of 2005 (as amended by 

15 subsection (a)) is amended by inserting after section 961 

16 (42 U.S.C. 16291) the following: 

17 ‘‘SEC. 962. COAL TECHNOLOGY PROGRAM. 

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

19 ‘‘(1) LARGE-SCALE PILOT PROJECT.—The term 

20 ‘large-scale pilot project’ means a pilot project 

21 that— 

22 ‘‘(A) represents the scale of technology de23 velopment beyond laboratory development and 

24 bench scale testing, but not yet advanced to the 
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1 point of being tested under real operational con2 ditions at commercial scale; 

3 ‘‘(B) represents the scale of technology 

4 necessary to gain the operational data needed 

5 to understand the technical and performance 

6 risks of the technology before the application of 

7 that technology at commercial scale or in com8 mercial-scale demonstration; and 

9 ‘‘(C) is large enough— 

10 ‘‘(i) to validate scaling factors; and 

11 ‘‘(ii) to demonstrate the interaction 

12 between major components so that control 

13 philosophies for a new process can be de14 veloped and enable the technology to ad15 vance from large-scale pilot plant applica16 tion to commercial-scale demonstration or 

17 application. 

18 ‘‘(2) NET-NEGATIVE CARBON DIOXIDE EMIS19 SIONS PROJECT.—The term ‘net-negative carbon di20 oxide emissions project’ means a project— 

21 ‘‘(A) that employs a technology for 

22 thermochemical coconversion of coal and bio23 mass fuels that— 

24 ‘‘(i) uses a carbon capture system; 

25 and 
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1 ‘‘(ii) with carbon dioxide removal, can 

2 provide electricity, fuels, or chemicals with 

3 net-negative carbon dioxide emissions from 

4 production and consumption of the end 

5 products, while removing atmospheric car6 bon dioxide; 

7 ‘‘(B) that will proceed initially through a 

8 large-scale pilot project for which front-end en9 gineering will be performed for bituminous, sub10 bituminous, and lignite coals; and 

11 ‘‘(C) through which each use of coal will be 

12 combined with the use of a regionally indige13 nous form of biomass energy, provided on a re14 newable basis, that is sufficient in quantity to 

15 allow for net-negative emissions of carbon diox16 ide (in combination with a carbon capture sys17 tem), while avoiding impacts on food production 

18 activities. 

19 ‘‘(3) PROGRAM.—The term ‘program’ means 

20 the program established under subsection (b)(1). 

21 ‘‘(4) TRANSFORMATIONAL TECHNOLOGY.— 

22 ‘‘(A) IN GENERAL.—The term ‘trans23 formational technology’ means a power genera24 tion technology that represents an entirely new 

25 way to convert energy that will enable a step 
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1 change in performance, efficiency, and cost of 

2 electricity as compared to the technology in ex3 istence on the date of enactment of this section. 

4 ‘‘(B) INCLUSIONS.—The term ‘trans5 formational technology’ includes a broad range 

6 of technology improvements, including— 

7 ‘‘(i) thermodynamic improvements in 

8 energy conversion and heat transfer, in9 cluding— 

10 ‘‘(I) oxygen combustion; 

11 ‘‘(II) chemical looping; and 

12 ‘‘(III) the replacement of steam 

13 cycles with supercritical carbon diox14 ide cycles; 

15 ‘‘(ii) improvements in turbine tech16 nology; 

17 ‘‘(iii) improvements in carbon capture 

18 systems technology; and 

19 ‘‘(iv) any other technology the Sec20 retary recognizes as transformational tech21 nology. 

22 ‘‘(b) COAL TECHNOLOGY PROGRAM.— 

23 ‘‘(1) IN GENERAL.—The Secretary shall estab24 lish a coal technology program to ensure the contin25 ued use of the abundant, domestic coal resources of 
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1 the United States through the development of tech2 nologies that will significantly improve the efficiency, 

3 effectiveness, costs, and environmental performance 

4 of coal use. 

5 ‘‘(2) REQUIREMENTS.—The program shall in6 clude— 

7 ‘‘(A) a research and development program; 

8 ‘‘(B) large-scale pilot projects; 

9 ‘‘(C) demonstration projects; and 

10 ‘‘(D) net-negative carbon dioxide emissions 

11 projects. 

12 ‘‘(3) PROGRAM GOALS AND OBJECTIVES.—In 

13 consultation with the interested entities described in 

14 paragraph (4)(C), the Secretary shall develop goals 

15 and objectives for the program to be applied to the 

16 technologies developed within the program, taking 

17 into consideration the following objectives: 

18 ‘‘(A) Ensure reliable, low-cost power from 

19 new and existing coal plants. 

20 ‘‘(B) Achieve high conversion efficiencies. 

21 ‘‘(C) Address emissions of carbon dioxide 

22 through high-efficiency platforms and carbon 

23 capture from new and existing coal plants. 

24 ‘‘(D) Support small-scale and modular 

25 technologies to enable incremental capacity ad-
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1 ditions and load growth and large-scale genera2 tion technologies. 

3 ‘‘(E) Support flexible baseload operations 

4 for new and existing applications of coal gen5 eration. 

6 ‘‘(F) Further reduce emissions of criteria 

7 pollutants and reduce the use and manage the 

8 discharge of water in power plant operations. 

9 ‘‘(G) Accelerate the development of tech10 nologies that have transformational energy con11 version characteristics. 

12 ‘‘(H) Validate geological storage of large 

13 volumes of anthropogenic sources of carbon di14 oxide and support the development of the infra15 structure needed to support a carbon dioxide 

16 use and storage industry. 

17 ‘‘(I) Examine methods of converting coal 

18 to other valuable products and commodities in 

19 addition to electricity. 

20 ‘‘(4) CONSULTATIONS REQUIRED.—In carrying 

21 out the program, the Secretary shall— 

22 ‘‘(A) undertake international collabora23 tions, as recommended by the National Coal 

24 Council; 
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1 ‘‘(B) use existing authorities to encourage 

2 international cooperation; and 

3 ‘‘(C) consult with interested entities, in4 cluding— 

5 ‘‘(i) coal producers; 

6 ‘‘(ii) industries that use coal; 

7 ‘‘(iii) organizations that promote coal 

8 and advanced coal technologies; 

9 ‘‘(iv) environmental organizations; 

10 ‘‘(v) organizations representing work11 ers; and 

12 ‘‘(vi) organizations representing con13 sumers. 

14 ‘‘(c) REPORT.— 

15 ‘‘(1) IN GENERAL.—Not later than 18 months 

16 after the date of enactment of this section, the Sec17 retary shall submit to Congress a report describing 

18 the performance standards adopted under subsection 

19 (b)(3). 

20 ‘‘(2) UPDATE.—Not less frequently than once 

21 every 2 years after the initial report is submitted 

22 under paragraph (1), the Secretary shall submit to 

23 Congress a report describing the progress made to24 wards achieving the objectives and performance 

25 standards adopted under subsection (b)(3). 
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1 ‘‘(d) FUNDING.— 

2 ‘‘(1) AUTHORIZATION OF APPROPRIATIONS.— 

3 There are authorized to be appropriated to the Sec4 retary to carry out this section, to remain available 

5 until expended— 

6 ‘‘(A) for activities under the research and 

7 development program component described in 

8 subsection (b)(2)(A)— 

9 ‘‘(i) $275,000,000 for each of fiscal 

10 years 2017 through 2020; and 

11 ‘‘(ii) $200,000,000 for fiscal year 

12 2021; 

13 ‘‘(B) for activities under the demonstration 

14 projects program component described in sub15 section (b)(2)(C)— 

16 ‘‘(i) $50,000,000 for each of fiscal 

17 years 2017 through 2020; and 

18 ‘‘(ii) $75,000,000 for fiscal year 2021; 

19 ‘‘(C) subject to paragraph (2), for activi20 ties under the large-scale pilot projects program 

21 component described in subsection (b)(2)(B), 

22 $285,000,000 for each of fiscal years 2017 

23 through 2021; and 

24 ‘‘(D) for activities under the net-negative 

25 carbon dioxide emissions projects program com-
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1 ponent described in subsection (b)(2)(D), 

2 $22,000,000 for each of fiscal years 2017 

3 through 2021. 

4 ‘‘(2) COST SHARING FOR LARGE-SCALE PILOT

5 PROJECTS.—Activities under subsection (b)(2)(B) 

6 shall be subject to the cost-sharing requirements of 

7 section 988(b).’’. 

8 SEC. 3404. REPORT ON PRICE STABILIZATION SUPPORT. 

9 (a) DEFINITION OF ELECTRIC GENERATION UNIT.— 

10 In this section, the term ‘‘electric generation unit’’ means 

11 an electric generation unit that— 

12 (1) uses coal-based generation technology; and 

13 (2) is capable of capturing carbon dioxide emis14 sions from the unit. 

15 (b) REPORT.—Not later than 180 days after the date 

16 of enactment of this Act, the Secretary shall prepare and 

17 submit to the appropriate committees of Congress a re18 port— 

19 (1) on the benefits and costs of entering into 

20 long-term binding contracts on behalf of the Federal 

21 Government with qualified parties to provide price 

22 stabilization support for certain industrial sources 

23 for capturing carbon dioxide from electricity gen24 erated at an electric generation unit or carbon diox-
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1 ide captured from an electric generation unit and 

2 sold to a purchaser for— 

3 (A) the recovery of crude oil; or 

4 (B) other purposes for which a commercial 

5 market exists; and 

6 (2) that— 

7 (A) contains an analysis of how the De8 partment would establish, implement, and 

9 maintain a contracting program described in 

10 paragraph (1); and 

11 (B) outlines options for how price stabiliza12 tion contracts may be structured and regula13 tions that would be necessary to implement a 

14 contracting program described in paragraph 

15 (1). 

16 Subtitle F—Nuclear 

17 SEC. 3501. NUCLEAR ENERGY INNOVATION CAPABILITIES. 

18 (a) DEFINITIONS.—In this section: 

19 (1) ADVANCED FISSION REACTOR.—The term 

20 ‘‘advanced fission reactor’’ means a nuclear fission 

21 reactor with significant improvements over the most 

22 recent generation of nuclear reactors, including im23 provements such as— 

24 (A) inherent safety features; 

25 (B) lower waste yields; 
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1 (C) greater fuel utilization; 

2 (D) superior reliability; 

3 (E) resistance to proliferation; 

4 (F) increased thermal efficiency; and 

5 (G) ability to integrate into electric and 

6 nonelectric applications. 

7 (2) FAST NEUTRON.—The term ‘‘fast neutron’’ 

8 means a neutron with kinetic energy above 100 

9 kiloelectron volts. 

10 (3) NATIONAL LABORATORY.— 

11 (A) IN GENERAL.—Except as provided in 

12 subparagraph (B), the term ‘‘National Labora13 tory’’ has the meaning given the term in section 

14 2 of the Energy Policy Act of 2005 (42 U.S.C. 

15 15801). 

16 (B) LIMITATION.—With respect to the 

17 Lawrence Livermore National Laboratory, the 

18 Los Alamos National Laboratory, and the 

19 Sandia National Laboratories, the term ‘‘Na20 tional Laboratory’’ means only the civilian ac21 tivities of the laboratory. 

22 (4) NEUTRON FLUX.—The term ‘‘neutron flux’’ 

23 means the intensity of neutron radiation measured 

24 as a rate of flow of neutrons applied over an area. 
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1 (5) NEUTRON SOURCE.—The term ‘‘neutron 

2 source’’ means a research machine that provides 

3 neutron irradiation services for— 

4 (A) research on materials sciences and nu5 clear physics; and 

6 (B) testing of advanced materials, nuclear 

7 fuels, and other related components for reactor 

8 systems. 

9 (b) MISSION.—Section 951 of the Energy Policy Act 

10 of 2005 (42 U.S.C. 16271) is amended by striking sub11 section (a) and inserting the following: 

12 ‘‘(a) IN GENERAL.—The Secretary shall conduct pro13 grams of civilian nuclear research, development, dem14 onstration, and commercial application, including activi15 ties described in this subtitle, that take into consideration 

16 the following objectives: 

17 ‘‘(1) Providing research infrastructure— 

18 ‘‘(A) to promote scientific progress; and 

19 ‘‘(B) to enable users from academia, the 

20 National Laboratories, and the private sector to 

21 make scientific discoveries relevant for nuclear, 

22 chemical, and materials science engineering. 

23 ‘‘(2) Maintaining nuclear energy research and 

24 development programs at the National Laboratories 

25 and institutions of higher education, including pro-
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1 grams of infrastructure of National Laboratories 

2 and institutions of higher education. 

3 ‘‘(3) Providing the technical means to reduce 

4 the likelihood of nuclear weapons proliferation. 

5 ‘‘(4) Ensuring public safety. 

6 ‘‘(5) Reducing the environmental impact of nu7 clear energy-related activities. 

8 ‘‘(6) Supporting technology transfer from the 

9 National Laboratories to the private sector. 

10 ‘‘(7) Enabling the private sector to partner with 

11 the National Laboratories to demonstrate novel reac12 tor concepts for the purpose of resolving technical 

13 uncertainty associated with the objectives described 

14 in this subsection.’’. 

15 (c) SENSE OF CONGRESS.—It is the sense of Con16 gress that— 

17 (1) nuclear energy, through fission or fusion, 

18 represents the highest energy density of any known 

19 attainable source and yields low air emissions; and 

20 (2) considering the inherent complexity and 

21 regulatory burden associated with nuclear energy, 

22 the Department should focus civilian nuclear re23 search and development activities of the Department 

24 on programs that enable the private sector, National 

25 Laboratories, and institutions of higher education to 
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1 carry out experiments to promote scientific progress 

2 and enhance practical knowledge of nuclear engi3 neering. 

4 (d) HIGH-PERFORMANCE COMPUTATION AND SUP5 PORTIVE RESEARCH.— 

6 (1) MODELING AND SIMULATION PROGRAM.— 

7 (A) IN GENERAL.—The Secretary shall 

8 carry out a program to enhance the capabilities 

9 of the United States to develop new reactor 

10 technologies and related systems technologies 

11 through high-performance computation mod12 eling and simulation techniques (referred to in 

13 this paragraph as the ‘‘program’’). 

14 (B) COORDINATION REQUIRED.—In car15 rying out the program, the Secretary shall co16 ordinate with relevant Federal agencies through 

17 the National Strategic Computing Initiative es18 tablished by Executive Order 13702 (80 Fed. 

19 Reg. 46177) (July 29, 2015). 

20 (C) OBJECTIVES.—In carrying out the pro21 gram, the Secretary shall take into consider22 ation the following objectives: 

23 (i) Using expertise from the private 

24 sector, institutions of higher education, 

25 and National Laboratories to develop com-
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1 putational software and capabilities that 

2 prospective users may access to accelerate 

3 research and development of advanced fis4 sion reactor systems, nuclear fusion sys5 tems, and reactor systems for space explo6 ration. 

7 (ii) Developing computational tools to 

8 simulate and predict nuclear phenomena 

9 that may be validated through physical ex10 perimentation. 

11 (iii) Increasing the utility of the re12 search infrastructure of the Department by 

13 coordinating with the Advanced Scientific 

14 Computing Research program of the Office 

15 of Science. 

16 (iv) Leveraging experience from the 

17 Energy Innovation Hub for Modeling and 

18 Simulation. 

19 (v) Ensuring that new experimental 

20 and computational tools are accessible to 

21 relevant research communities, including 

22 private companies engaged in nuclear en23 ergy technology development. 

24 (2) SUPPORTIVE RESEARCH ACTIVITIES.—The 

25 Secretary shall consider support for additional re-
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1 search activities to maximize the utility of the re2 search facilities of the Department, including re3 search— 

4 (A) on physical processes to simulate deg5 radation of materials and behavior of fuel 

6 forms; and 

7 (B) for validation of computational tools. 

8 (e) VERSATILE NEUTRON SOURCE.— 

9 (1) DETERMINATION OF MISSION NEED.— 

10 (A) IN GENERAL.—Not later than Decem11 ber 31, 2016, the Secretary shall determine the 

12 mission need for a versatile reactor-based fast 

13 neutron source, which shall operate as a na14 tional user facility (referred to in this sub15 section as the ‘‘user facility’’). 

16 (B) CONSULTATION REQUIRED.—In car17 rying out subparagraph (A), the Secretary shall 

18 consult with the private sector, institutions of 

19 higher education, the National Laboratories, 

20 and relevant Federal agencies to ensure that 

21 the user facility will meet the research needs of 

22 the largest possible majority of prospective 

23 users. 

24 (2) PLAN FOR ESTABLISHMENT.—On the deter25 mination of the mission need under paragraph (1), 
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1 the Secretary, as expeditiously as practicable, shall 

2 submit to the Committee on Energy and Natural 

3 Resources of the Senate and the Committee on 

4 Science, Space, and Technology of the House of 

5 Representatives a detailed plan for the establishment 

6 of the user facility (referred to in this section as the 

7 ‘‘plan’’). 

8 (3) DEADLINE FOR ESTABLISHMENT.—The 

9 Secretary shall make every effort to complete con10 struction of, and approve the start of operations for, 

11 the user facility by December 31, 2025. 

12 (4) FACILITY REQUIREMENTS.— 

13 (A) CAPABILITIES.—The Secretary shall 

14 ensure that the user facility shall provide, at a 

15 minimum— 

16 (i) fast neutron spectrum irradiation 

17 capability; and 

18 (ii) capacity for upgrades to accommo19 date new or expanded research needs. 

20 (B) CONSIDERATIONS.—In carrying out 

21 the plan, the Secretary shall consider— 

22 (i) capabilities that support experi23 mental high-temperature testing; 

24 (ii) providing a source of fast neu25 trons— 
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1 (I) at a neutron flux that is high2 er than the neutron flux at which re3 search facilities operate before estab4 lishment of the user facility; and 

5 (II) sufficient to enable research 

6 for an optimal base of prospective 

7 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 mate14 rials testing in different coolants; and 

15 (vi) additional pre-irradiation and 

16 post-irradiation examination capabilities. 

17 (5) COORDINATION.—In carrying out this sub18 section, the Secretary shall leverage the best prac19 tices of the Office of Science for the management, 

20 construction, and operation of national user facili21 ties. 

22 (6) REPORT.—The Secretary shall include in 

23 the annual budget request of the Department an ex24 planation for any delay in carrying out this sub25 section. 
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1 (f) ENABLING NUCLEAR ENERGY INNOVATION.— 

2 (1) ESTABLISHMENT OF NATIONAL NUCLEAR

3 INNOVATION CENTER.—The Secretary may enter 

4 into a memorandum of understanding with the 

5 Chairman of the Nuclear Regulatory Commission to 

6 establish a center to be known as the ‘‘National Nu7 clear Innovation Center’’ (referred to in this sub8 section as the ‘‘Center’’)— 

9 (A) to enable the testing and demonstra10 tion of reactor concepts to be proposed and 

11 funded, in whole or in part, by the private sec12 tor; 

13 (B) to establish and operate a database to 

14 store and share data and knowledge on nuclear 

15 science between Federal agencies and private 

16 industry; and 

17 (C) to establish capabilities to develop and 

18 test reactor electric and nonelectric integration 

19 and energy conversion systems. 

20 (2) ROLE OF NRC.—In operating the Center, 

21 the Secretary shall— 

22 (A) consult with the Nuclear Regulatory 

23 Commission on safety issues; and 
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1 (B) permit staff of the Nuclear Regulatory 

2 Commission to actively observe and learn about 

3 the technology being developed at the Center. 

4 (3) OBJECTIVES.—A reactor developed under 

5 paragraph (1)(A) shall have the following objectives: 

6 (A) Enabling physical validation of fusion 

7 and advanced fission experimental reactors at 

8 the National Laboratories or other facilities of 

9 the Department. 

10 (B) Resolving technical uncertainty and in11 crease practical knowledge relevant to safety, 

12 resilience, security, and functionality of novel 

13 reactor concepts. 

14 (C) Conducting general research and devel15 opment to improve novel reactor technologies. 

16 (4) USE OF TECHNICAL EXPERTISE.—In oper17 ating the Center, the Secretary shall leverage the 

18 technical expertise of relevant Federal agencies and 

19 National Laboratories— 

20 (A) to minimize the time required to carry 

21 out paragraph (3); and 

22 (B) to ensure reasonable safety for individ23 uals working at the National Laboratories or 

24 other facilities of the Department to carry out 

25 that paragraph. 
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1 (5) REPORTING REQUIREMENT.— 

2 (A) IN GENERAL.—Not later than 180 

3 days after the date of enactment of this Act, 

4 the Secretary, in consultation with the National 

5 Laboratories, relevant Federal agencies, and 

6 other stakeholders, shall submit to the Com7 mittee on Energy and Natural Resources and 

8 the Committee on Environment and Public 

9 Works of the Senate and the Committee on 

10 Science, Space, and Technology and the Com11 mittee on Energy and Commerce of the House 

12 of Representatives a report assessing the capa13 bilities of the Department to authorize, host, 

14 and oversee privately proposed and funded reac15 tors (as described in paragraph (1)(A)). 

16 (B) CONTENTS.—The report shall ad17 dress— 

18 (i) the safety review and oversight ca19 pabilities of the Department, including op20 tions to leverage expertise from the Nu21 clear Regulatory Commission and the Na22 tional Laboratories; 

23 (ii) potential sites capable of hosting 

24 the activities described in paragraph (1); 
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1 (iii) the efficacy of the available con2 tractual mechanisms of the Department to 

3 partner with the private sector and other 

4 Federal agencies, including cooperative re5 search and development agreements, stra6 tegic partnership projects, and agreements 

7 for commercializing technology; 

8 (iv) how the Federal Government and 

9 the private sector will address potential in10 tellectual property concerns; 

11 (v) potential cost structures relating 

12 to physical security, decommissioning, li13 ability, and other long term project costs; 

14 and 

15 (vi) other challenges or considerations 

16 identified by the Secretary. 

17 (g) BUDGET PLAN.— 

18 (1) IN GENERAL.—Not later than 1 year after 

19 the date of enactment of this Act, the Secretary 

20 shall submit to the Committee on Energy and Nat21 ural Resources of the Senate and the Committee on 

22 Science, Space, and Technology of the House of 

23 Representatives 3 alternative 10-year budget plans 

24 for civilian nuclear energy research and development 
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1 by the Department in accordance with paragraph 

2 (2). 

3 (2) DESCRIPTION OF PLANS.— 

4 (A) IN GENERAL.—The 3 alternative 10- 

5 year budget plans submitted under paragraph 

6 (1) shall be the following: 

7 (i) A plan that assumes constant an8 nual funding at the level of appropriations 

9 for fiscal year 2016 for the civilian nuclear 

10 energy research and development of the 

11 Department, particularly for programs 

12 critical to advanced nuclear projects and 

13 development. 

14 (ii) A plan that assumes 2 percent an15 nual increases to the level of appropria16 tions described in clause (i). 

17 (iii) A plan that uses an uncon18 strained budget. 

19 (B) INCLUSIONS.—Each plan shall in20 clude— 

21 (i) a prioritized list of the programs, 

22 projects, and activities of the Department 

23 that best support the development, licens24 ing, and deployment of advanced nuclear 

25 energy technologies; 
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1 (ii) realistic budget requirements for 

2 the Department to carry out subsections 

3 (d), (e), and (f); and 

4 (iii) the justification of the Depart5 ment for continuing or terminating exist6 ing civilian nuclear energy research and 

7 development programs. 

8 (h) NUCLEAR REGULATORY COMMISSION REPORT.— 

9 Not later than December 31, 2016, the Chairman of the 

10 Nuclear Regulatory Commission shall submit to the Com11 mittee on Energy and Natural Resources and the Com12 mittee on Environment and Public Works of the Senate 

13 and the Committee on Science, Space, and Technology 

14 and the Committee on Energy and Commerce of the 

15 House of Representatives a report describing— 

16 (1) the extent to which the Nuclear Regulatory 

17 Commission is capable of licensing advanced reactor 

18 designs that are developed pursuant to this section 

19 by the end of the 4-year period beginning on the 

20 date on which an application is received under part 

21 50 or 52 of title 10, Code of Federal Regulations (or 

22 successor regulations); and 

23 (2) any organizational or institutional barriers 

24 the Nuclear Regulatory Commission will need to 

25 overcome to be able to license the advanced reactor 
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1 designs that are developed pursuant to this section 

2 by the end of the 4-year period described in para3 graph (1). 

4 SEC. 3502. NEXT GENERATION NUCLEAR PLANT PROJECT. 

5 Section 642(b) of the Energy Policy Act of 2005 (42 

6 U.S.C. 16022(b)) is amended— 

7 (1) by striking paragraph (3); and 

8 (2) by redesignating paragraphs (4) and (5) as 

9 paragraphs (3) and (4), respectively. 

10 Subtitle G—Workforce 

11 Development 

12 SEC. 3601. 21ST CENTURY ENERGY WORKFORCE ADVISORY 

13 BOARD. 

14 (a) ESTABLISHMENT.—The Secretary shall establish 

15 the 21st Century Energy Workforce Advisory Board (re16 ferred to in this section as the ‘‘Board’’), to develop a 

17 strategy for the support and development of a skilled en18 ergy workforce that— 

19 (1) meets the current and future industry and 

20 labor needs of the energy sector; 

21 (2) provides opportunities for students to be22 come qualified for placement in traditional energy 

23 sector and clean energy sector jobs; 
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1 (3) aligns apprenticeship programs and work2 force development programs to provide industry rec3 ognized certifications and credentials; 

4 (4) encourages leaders in the education system 

5 of the United States to equip students with the 

6 skills, mentorships, training, and technical expertise 

7 necessary to fill the employment opportunities vital 

8 to managing and operating the energy- and manu9 facturing-related industries of the United States; 

10 (5) appropriately supports other Federal agen11 cies; 

12 (6) strengthens and more fully engages work13 force training programs of the Department and the 

14 National Laboratories in carrying out the Minorities 

15 in Energy Initiative of the Department and other 

16 Department workforce priorities; 

17 (7) supports the design and replication of exist18 ing model energy curricula, particularly in new and 

19 emerging technologies, that leads to industry-wide 

20 credentials; 

21 (8) develops plans to support and retrain dis22 placed and unemployed energy sector workers; and 

23 (9) makes a Department priority to provide 

24 education and job training to underrepresented 

25 groups, including ethnic minorities, Indian tribes (as 
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1 defined in section 4 of the Indian Self-Determination 

2 and Education Assistance Act (25 U.S.C. 450b)), 

3 women, veterans, and socioeconomically disadvan4 taged individuals. 

5 (b) MEMBERSHIP.— 

6 (1) IN GENERAL.—The Board shall be com7 posed of 9 members, with the initial members of the 

8 Board to be appointed by the Secretary not later 

9 than 1 year after the date of enactment of this Act. 

10 (2) NOMINATIONS.—Not later than 1 year after 

11 the date of enactment of this Act, the President’s 

12 Council of Advisors on Science and Technology shall 

13 nominate for appointment to the Board under para14 graph (1) not less than 18 individuals who meet the 

15 qualifications described in paragraph (3). 

16 (3) QUALIFICATIONS.—Each individual nomi17 nated for appointment to the Board under para18 graph (1) shall— 

19 (A) be eminent in the field of economics or 

20 workforce development; 

21 (B) have expertise in relevant traditional 

22 energy industries and clean energy industries; 

23 (C) have expertise in secondary and post24 secondary education; 
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1 (D) have expertise in energy workforce de2 velopment or apprentice programs of States and 

3 units of local government; 

4 (E) have expertise in relevant organized 

5 labor organizations; or 

6 (F) have expertise in bringing underrep7 resented groups, including ethnic minorities, 

8 women, veterans, and socioeconomically dis9 advantaged individuals, into the workforce. 

10 (4) REPRESENTATION.—The membership of the 

11 Board shall be representative of the broad range of 

12 the energy industry, labor organizations, workforce 

13 development, education, minority participation, cy14 bersecurity, and economics disciplines related to ac15 tivities carried out under this section. 

16 (5) LIMITATION.—No individual shall be nomi17 nated for appointment to the Board who is an em18 ployee of an entity applying for a grant under sec19 tion 3602. 

20 (c) ADVISORY BOARD REVIEW AND RECOMMENDA21 TIONS.— 

22 (1) DETERMINATION BY BOARD.—In developing 

23 the strategy required under subsection (a), the 

24 Board shall— 
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1 (A) determine whether there are opportuni2 ties to more effectively and efficiently use the 

3 capabilities of the Department in the develop4 ment of a skilled energy workforce; 

5 (B) identify ways in which the Department 

6 could work with other relevant Federal agen7 cies, States, units of local government, edu8 cational institutions, labor, and industry in the 

9 development of a skilled energy workforce; 

10 (C) identify ways in which the Department 

11 and National Laboratories can— 

12 (i) increase outreach to minority-serv13 ing institutions; and 

14 (ii) make resources available to in15 crease the number of skilled minorities and 

16 women trained to go into the energy- and 

17 manufacturing-related sectors; 

18 (D) identify ways in which the Department 

19 and National Laboratories can— 

20 (i) increase outreach to displaced and 

21 unemployed energy sector workers; and 

22 (ii) make resources available to pro23 vide training to displaced and unemployed 

24 energy sector workers to reenter the en25 ergy workforce; and 
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1 (E) identify the energy sectors in greatest 

2 need of workforce training and develop guide3 lines for the skills necessary to develop a work4 force trained to work in those energy sectors. 

5 (2) REQUIRED ANALYSIS.—In developing the 

6 strategy required under subsection (a), the Board 

7 shall analyze the effectiveness of— 

8 (A) existing Department directed support; 

9 and 

10 (B) developing energy workforce training 

11 programs. 

12 (3) REPORT.—Not later than 1 year after the 

13 date on which the Board is established under this 

14 section, and each year thereafter, the Board shall 

15 submit to the Secretary and Congress, and make 

16 public, a report containing the findings of the Board 

17 and model energy curricula with respect to the strat18 egy required to be developed under subsection (a). 

19 (d) REPORT BY SECRETARY.—Not later than 18 

20 months after the date on which the Board is established 

21 under this section, the Secretary shall submit to the Com22 mittees on Appropriations of Senate and the House of 

23 Representatives, the Committee on Energy and Natural 

24 Resources of the Senate, and the Committee on Energy 
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1 and Commerce of the House of Representatives a report 

2 that— 

3 (1) describes whether the Secretary approves or 

4 disapproves the recommendations of the Board 

5 under subsection (c)(3); and 

6 (2) provides an implementation plan for rec7 ommendations approved by the Board under para8 graph (1). 

9 (e) CLEARINGHOUSE.—Based on the recommenda10 tions of the Board, the Secretary shall establish a clearing11 house— 

12 (1) to maintain and update information and re13 sources on training and workforce development pro14 grams for energy- and manufacturing-related jobs; 

15 and 

16 (2) to act as a resource, and provide guidance, 

17 for secondary schools, institutions of higher edu18 cation (including community colleges and minority19 serving institutions), workforce development organi20 zations, labor management organizations, and indus21 try organizations that would like to develop and im22 plement energy- and manufacturing-related training 

23 programs. 
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1 (f) OUTREACH TO MINORITY-SERVING INSTITU2 TIONS.—In developing the strategy under subsection (a), 

3 the Board shall— 

4 (1) give special consideration to increasing out5 reach to minority-serving institutions (including his6 torically black colleges and universities, predomi7 nantly black institutions, Hispanic serving institu8 tions, and tribal institutions); 

9 (2) make resources available to minority-serving 

10 institutions with the objective of increasing the num11 ber of skilled minorities and women trained to go 

12 into the energy and manufacturing sectors; and 

13 (3) encourage industry to improve the opportu14 nities for students of minority-serving institutions to 

15 participate in industry internships and cooperative 

16 work-study programs. 

17 (g) SUNSET.—The Board established under this sec18 tion shall remain in effect until September 30, 2020. 

19 SEC. 3602. ENERGY WORKFORCE PILOT GRANT PROGRAM. 

20 (a) IN GENERAL.—Not later than 1 year after the 

21 date of enactment of this Act, the Secretary, in consulta22 tion with the Secretary of Labor and the Secretary of 

23 Education, shall establish a pilot program to award grants 

24 on a competitive basis to eligible entities for job training 

25 programs that lead to an industry-recognized credential. 
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1 (b) ELIGIBILITY.—To be eligible to receive a grant 

2 under this section, an entity shall be a public or nonprofit 

3 organization or a consortium of public or nonprofit organi4 zations that— 

5 (1) includes an advisory board of proportional 

6 participation, as determined by the Secretary, of rel7 evant organizations, including— 

8 (A) relevant energy industry organizations, 

9 including public and private employers; 

10 (B) labor organizations; 

11 (C) postsecondary education organizations; 

12 and 

13 (D) workforce development boards; 

14 (2) demonstrates experience in implementing 

15 and operating job training and education programs; 

16 (3) demonstrates the ability to recruit and sup17 port individuals who plan to work in the energy in18 dustry in the successful completion of relevant job 

19 training and education programs; and 

20 (4) provides students who complete the job 

21 training and education program with an industry22 recognized credential. 

23 (c) APPLICATIONS.—Eligible entities desiring a grant 

24 under this section shall submit to the Secretary an appli-
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1 cation at such time, in such manner, and containing such 

2 information as the Secretary may require. 

3 (d) PRIORITY.—In selecting eligible entities to receive 

4 grants under this section, the Secretary shall prioritize ap5 plicants that— 

6 (1) house the job training and education pro7 grams in— 

8 (A) a community college or institution of 

9 higher education that includes basic science and 

10 math education in the curriculum of the com11 munity college, institution of higher education; 

12 or 

13 (B) an apprenticeship program registered 

14 with the Department of Labor or a State (as 

15 defined in 202 of the Energy Conservation and 

16 Production Act (42 U.S.C. 6802)) (referred to 

17 in this section as the ‘‘State’’); 

18 (2) work with the Secretary of Defense and the 

19 Secretary of Veterans Affairs or veteran service or20 ganizations recognized by the Secretary of Veterans 

21 Affairs under section 5902 of title 38, United States 

22 Code, to transition members of the Armed Forces 

23 and veterans to careers in the energy sector; 

24 (3) work with Indian tribes (as defined in sec25 tion 4 of the Indian Self-Determination and Edu-
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1 cation Assistance Act (25 U.S.C. 450b)), tribal orga2 nizations (as defined in section 3765 of title 38, 

3 United States Code), and Native American veterans 

4 (as defined in section 3765 of title 38, United States 

5 Code), including veterans who are a descendant of 

6 an Alaska Native (as defined in section 3(r) of the 

7 Alaska Native Claims Settlement Act (43 U.S.C. 

8 1602(r)); 

9 (4) apply as a State or regional consortia to le10 verage best practices already available in the State 

11 or region in which the community college or institu12 tion of higher education is located; 

13 (5) have a State-supported entity included in 

14 the consortium applying for the grant; 

15 (6) include an apprenticeship program reg16 istered with the Department of Labor or a State as 

17 part of the job training and education program; 

18 (7) provide support services and career coach19 ing; 

20 (8) provide introductory energy workforce devel21 opment training; 

22 (9) work with minority-serving institutions to 

23 provide job training to increase the number of 

24 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 

25 provide technical assistance and capacity building to na-
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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 2017 through 2020. 

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 and highest use for recycled 

22 carbon fiber; 

23 (F) the potential reduction in carbon diox24 ide emissions from producing recycled carbon 
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1 fiber, as compared to producing new carbon 

2 fiber; 

3 (G) any economic benefits gained from 

4 using recycled carbon fiber or production waste 

5 carbon fiber; 

6 (H) workforce training and skills needed to 

7 address labor demands in the development of 

8 recycled carbon fiber or production waste car9 bon fiber; and 

10 (I) how the Department can leverage exist11 ing efforts in the industry on the use of produc12 tion waste carbon fiber. 

13 (3) REPORT.—Not later than 1 year after the 

14 date of enactment of this Act, the Secretary shall 

15 submit to Congress a report describing the results of 

16 the study conducted under paragraph (1). 

17 (b) RECYCLED CARBON FIBER DEMONSTRATION

18 PROJECT.—On completion of the study required under 

19 subsection (a)(1), the Secretary shall consult with the 

20 aviation and automotive industries and existing programs 

21 of the Advanced Manufacturing Office of the Department 

22 to develop a carbon fiber recycling demonstration project. 

23 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

24 authorized to be appropriated to the Secretary to carry 
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1 out this section $10,000,000, to remain available until ex2 pended. 

3 SEC. 3702. ENERGY GENERATION AND REGULATORY RE4 LIEF STUDY REGARDING RECOVERY AND 

5 CONVERSION OF NONRECYCLED MIXED 

6 PLASTICS. 

7 (a) DEFINITIONS.—In this section: 

8 (1) ENGINEERED FUEL.—The term ‘‘engi9 neered fuel’’ means a solid fuel that is manufactured 

10 from nonrecycled constituents of municipal solid 

11 waste or other secondary materials. 

12 (2) GASIFICATION.—The term ‘‘gasification’’ 

13 means a process through which nonrecycled waste is 

14 heated and converted to synthesis gas in an oxygen15 deficient atmosphere, which can be converted into 

16 fuels such as ethanol or other chemical feedstocks. 

17 (3) PYROLYSIS.—The term ‘‘pyrolysis’’ means a 

18 process through which nonrecycled plastics are heat19 ed in the absence of oxygen until melted and ther20 mally decomposed, and are then cooled, condensed, 

21 and converted into synthetic crude oil or refined into 

22 synthetic fuels and feedstocks such as diesel or 

23 naphtha. 

24 (b) STUDY.—With respect to nonrecycled mixed plas25 tics that are part of municipal solid waste or other sec-
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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 SEC. 3704. PROMOTING USE OF RECLAIMED REFRIG2 ERANTS IN FEDERAL FACILITIES. 

3 (a) IN GENERAL.—Not later than 180 days after the 

4 date of enactment of this Act, the Administrator of Gen5 eral Services shall issue guidance relating to the procure6 ment of reclaimed refrigerants to service existing equip7 ment of Federal facilities. 

8 (b) PREFERENCE.—The guidance issued under sub9 section (a) shall give preference to the use of reclaimed 

10 refrigerants, on the conditions that— 

11 (1) the refrigerant has been reclaimed by a per12 son or entity that is certified under the laboratory 

13 certification program of the Air Conditioning, Heat14 ing, and Refrigeration Institute; and 

15 (2) the price of the reclaimed refrigerant does 

16 not exceed the price of a newly manufactured (vir17 gin) refrigerant. 

18 Subtitle I—Thermal Energy 

19 SEC. 3801. MODIFYING THE DEFINITION OF RENEWABLE 

20 ENERGY TO INCLUDE THERMAL ENERGY. 

21 (a) IN GENERAL.—Section 203 of the Energy Policy 

22 Act of 2005 (42 U.S.C. 15852) (as amended by section 

23 3001(b)) is amended— 

24 (1) in subsection (a), by inserting ‘‘a number 

25 equivalent to’’ before ‘‘the total amount of electric 

26 energy’’; 
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1 (2) in subsection (b)— 

2 (A) by redesignating paragraph (2) as 

3 paragraph (3); 

4 (B) by inserting after paragraph (1) the 

5 following: 

6 ‘‘(2) QUALIFIED WASTE HEAT RESOURCE.—The 

7 term ‘qualified waste heat resource’ means— 

8 ‘‘(A) exhaust heat or flared gas from any 

9 industrial process; 

10 ‘‘(B) waste gas or industrial tail gas that 

11 would otherwise be flared, incinerated, or vent12 ed; 

13 ‘‘(C) a pressure drop in any gas for an in14 dustrial or commercial process; or 

15 ‘‘(D) such other forms of waste heat as the 

16 Secretary determines appropriate.’’; and 

17 (C) in paragraph (3) (as redesignated by 

18 subparagraph (A))— 

19 (i) by striking ‘‘produced from’’ and 

20 inserting ‘‘produced or, if resulting from a 

21 thermal energy project placed in service 

22 after December 31, 2014, thermal energy 

23 generated from, or avoided by,’’; and 
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1 (ii) by inserting ‘‘qualified waste heat 

2 resource,’’ after ‘‘municipal solid waste,’’; 

3 and 

4 (3) in subsection (c)— 

5 (A) by redesignating paragraphs (1) 

6 through (3) as subparagraphs (A) through (C), 

7 respectively, and indenting appropriately; 

8 (B) in the matter preceding subparagraph 

9 (A) (as so redesignated), by striking ‘‘For pur10 poses’’ and inserting the following: 

11 ‘‘(1) IN GENERAL.—For purposes’’; and 

12 (C) by adding at the end the following: 

13 ‘‘(2) SEPARATE CALCULATION.— 

14 ‘‘(A) IN GENERAL.—For purposes of deter15 mining compliance with the requirements of 

16 this section, any energy consumption that is 

17 avoided through the use of renewable energy 

18 shall be considered to be renewable energy pro19 duced. 

20 ‘‘(B) DENIAL OF DOUBLE BENEFIT.— 

21 Avoided energy consumption that is considered 

22 to be renewable energy produced under sub23 paragraph (A) shall not also be counted for 

24 purposes of achieving compliance with another 

25 Federal energy efficiency goal.’’. 
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1 (b) CONFORMING AMENDMENT.—Section 2410q(a) 

2 of title 10, United States Code, is amended by striking 

3 ‘‘section 203(b)(2) of the Energy Policy Act of 2005 (42 

4 U.S.C. 15852(b)(2))’’ and inserting ‘‘section 203(b) of the 

5 Energy Policy Act of 2005 (42 U.S.C. 15852(b))’’. 

6 TITLE IV—ACCOUNTABILITY 

7 Subtitle A—Loan Programs 

8 SEC. 4001. TERMS AND CONDITIONS FOR INCENTIVES FOR 

9 INNOVATIVE TECHNOLOGIES. 

10 (a) BORROWER PAYMENT OF SUBSIDY COST.— 

11 (1) IN GENERAL.—Section 1702 of the Energy 

12 Policy Act of 2005 (42 U.S.C. 16512) is amended 

13 by adding at the end the following: 

14 ‘‘(l) BORROWER PAYMENT OF SUBSIDY COST.— 

15 ‘‘(1) IN GENERAL.—In addition to the require16 ment in subsection (b)(1), no guarantee shall be 

17 made unless the Secretary has received from the 

18 borrower not less than 25 percent of the cost of the 

19 guarantee. 

20 ‘‘(2) ESTIMATE.—The Secretary shall provide 

21 to the borrower, as soon as practicable, an estimate 

22 or range of the cost of the guarantee under para23 graph (1).’’. 
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1 (2) CONFORMING AMENDMENT.—Section 

2 1702(b) of the Energy Policy Act of 2005 (42 

3 U.S.C. 16512(b)) is amended— 

4 (A) by striking ‘‘(1) IN GENERAL.—No 

5 guarantee’’ and inserting the following: ‘‘Sub6 ject to subsection (l), no guarantee’’; 

7 (B) by redesignating subparagraphs (A), 

8 (B), and (C) as paragraphs (1), (2), and (3), 

9 respectively, and indenting appropriately; and 

10 (C) in paragraph (3) (as so redesig11 nated)— 

12 (i) by striking ‘‘subparagraph (A)’’ 

13 and inserting ‘‘paragraph (1)’’; and 

14 (ii) by striking ‘‘subparagraph (B)’’ 

15 and inserting ‘‘paragraph (2)’’. 

16 (3) EFFECTIVE DATE.—The amendments made 

17 by paragraphs (1) and (2) shall take effect on Octo18 ber 1, 2019. 

19 (b) PROHIBITION ON SUBORDINATION OF DEBT.— 

20 Section 1702(d)(3) of the Energy Policy Act of 2005 (42 

21 U.S.C. 16512(d)(3)) is amended by striking ‘‘is not subor22 dinate’’ and inserting ‘‘(including any reorganization, re23 structuring, or termination of the obligation) shall not at 

24 any time be subordinate’’. 
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1 (c) LOAN PROGRAM TRANSPARENCY.—Section 1703 

2 of the Energy Policy Act of 2005 (42 U.S.C. 16513) is 

3 amended by adding at the end the following: 

4 ‘‘(f) LOAN STATUS.— 

5 ‘‘(1) REQUEST.—If the Secretary does not 

6 make a final decision on an application for a loan 

7 guarantee under this section by the date that is 270 

8 days after receipt of the application by the Sec9 retary, on that date and every 90 days thereafter 

10 until the final decision is made, the applicant may 

11 request that the Secretary provide to the applicant 

12 a description of the status of the application. 

13 ‘‘(2) RESPONSE.—Not later than 10 days after 

14 receiving a request from an applicant under para15 graph (1), the Secretary shall provide to the appli16 cant a response that includes— 

17 ‘‘(A) a summary of any factors that are 

18 delaying a final decision on the application; and 

19 ‘‘(B) an estimate of when review of the ap20 plication will be completed.’’. 

21 (d) TEMPORARY PROGRAM FOR RAPID DEPLOYMENT

22 OF RENEWABLE ENERGY AND ELECTRIC POWER TRANS23 MISSION PROJECTS.— 

24 (1) REPEAL.—Section 1705 of the Energy Pol25 icy Act of 2005 (42 U.S.C. 16516) is repealed. 
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1 (2) RESCISSION.—There is rescinded the unob2 ligated balance of amounts made available to carry 

3 out the loan guarantee program established under 

4 section 1705 of the Energy Policy Act of 2005 (42 

5 U.S.C. 16516) (before the amendment made by 

6 paragraph (1)). 

7 (3) MANAGEMENT.—The Secretary shall ensure 

8 rigorous continued management and oversight of all 

9 outstanding loans guaranteed under the program de10 scribed in subsection (b) until those loans have been 

11 repaid in full. 

12 SEC. 4002. STATE LOAN ELIGIBILITY. 

13 (a) DEFINITIONS.—Section 1701 of the Energy Pol14 icy Act of 2005 (42 U.S.C. 16511) is amended by adding 

15 at the end the following: 

16 ‘‘(6) STATE.—The term ‘State’ has the mean17 ing given the term in section 202 of the Energy 

18 Conservation and Production Act (42 U.S.C. 6802). 

19 ‘‘(7) STATE ENERGY FINANCING INSTITU20 TION.— 

21 ‘‘(A) IN GENERAL.—The term ‘State en22 ergy financing institution’ means a quasi-inde23 pendent entity or an entity within a State agen24 cy or financing authority established by a 

25 State— 
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1 ‘‘(i) to provide financing support or 

2 credit enhancements, including loan guar3 antees and loan loss reserves, for eligible 

4 projects; and 

5 ‘‘(ii) to create liquid markets for eligi6 ble projects, including warehousing and 

7 securitization, or take other steps to reduce 

8 financial barriers to the deployment of ex9 isting and new eligible projects. 

10 ‘‘(B) INCLUSION.—The term ‘State energy 

11 financing institution’ includes an entity or orga12 nization established to achieve the purposes de13 scribed in clauses (i) and (ii) of subparagraph 

14 (A) by an Indian tribal entity or an Alaska Na15 tive Corporation.’’. 

16 (b) TERMS AND CONDITIONS.—Section 1702 of the 

17 Energy Policy Act of 2005 (42 U.S.C. 16512) (as amend18 ed by section 4001(a)(1)) is amended— 

19 (1) in subsection (a), by inserting ‘‘or to a 

20 State energy financing institution’’ after ‘‘for 

21 projects’’; and 

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

23 ‘‘(m) STATE ENERGY FINANCING INSTITUTIONS.— 
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1 ‘‘(1) ELIGIBILITY.—To be eligible for a guar2 antee under this title, a State energy financing insti3 tution— 

4 ‘‘(A) shall meet the requirements of section 

5 1703(a)(1); and 

6 ‘‘(B) shall not be required to meet the re7 quirements of section 1703(a)(2). 

8 ‘‘(2) PARTNERSHIPS AUTHORIZED.—In car9 rying out a project receiving a loan guarantee under 

10 this title, State energy financing institutions may 

11 enter into partnerships with private entities, tribal 

12 entities, and Alaska Native corporations. 

13 ‘‘(3) PROHIBITION ON USE OF APPROPRIATED

14 FUNDS.—Amounts appropriated to the Department 

15 of Energy before the date of enactment of this sub16 section shall not be available to be used for the cost 

17 of loan guarantees made to State energy financing 

18 institutions under this subsection.’’. 

19 SEC. 4003. GAO STUDY ON FOSSIL LOAN GUARANTEE IN20 CENTIVE PROGRAM. 

21 (a) IN GENERAL.—Not later than 180 days after the 

22 date of enactment of this Act, the Comptroller General 

23 of the United States shall carry out, and submit to Con24 gress a report describing the results of, a study on the 

25 effectiveness of the advanced fossil loan guarantee incen-
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1 tive program and other incentive programs for advanced 

2 fossil energy of the Department. 

3 (b) CONTENTS.—In carrying out the study under 

4 subsection (a), the Comptroller General of the United 

5 States shall— 

6 (1) solicit industry and stakeholder input; 

7 (2) evaluate the effectiveness of the advanced 

8 fossil loan guarantee incentive program, alone or in 

9 combination with other incentives, in advancing car10 bon capture and storage technology; 

11 (3) review each Federal incentive provided by 

12 the Department and other Federal agencies for car13 bon capture and storage demonstration projects to 

14 determine the adequacy and effectiveness of the 

15 combined Federal incentives in advancing carbon 

16 capture and storage and advanced fossil energy tech17 nologies; 

18 (4) assess whether combinations of the incentive 

19 programs in existence as of the date of enactment of 

20 this Act could be effective to advance carbon capture 

21 and storage and advanced fossil energy technologies; 

22 and 

23 (5) evaluate the impact and costs of imple24 menting the recommendations described in the Jan25 uary 2015 National Coal Council report entitled 
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1 ‘‘Fossil Forward: Revitalizing CCS, Bringing Scale 

2 and Speed to CCS Deployment’’ on the effectiveness 

3 of the advanced fossil loan guarantee program. 

4 SEC. 4004. PROGRAM ELIGIBILITY FOR VESSELS. 

5 Subtitle B of title I of the Energy Independence and 

6 Security Act of 2007 (42 U.S.C. 17011 et seq.) is amend7 ed by adding at the end the following: 

8 ‘‘SEC. 137. ADVANCED TECHNOLOGY VEHICLES MANUFAC9 TURING INCENTIVE PROGRAM ELIGIBILITY 

10 FOR VESSELS. 

11 ‘‘(a) DEFINITION OF VESSEL.—In this section, the 

12 term ‘vessel’ means a vessel (as defined in section 3 of 

13 title 1, United States Code), whether in existence or under 

14 construction, that has been issued a certificate of docu15 mentation as a United States flagged vessel under chapter 

16 121 of title 46, United States Code and that meets the 

17 standards established under section 4005(a) of the Energy 

18 Policy Modernization Act of 2016. 

19 ‘‘(b) ELIGIBILITY.—Subject to the terms and condi20 tions of subsections (d) and (f) of section 136, projects 

21 for the reequipping, expanding, or establishing of a manu22 facturing facility in the United States to produce vessels 

23 shall be considered eligible for direct loans under section 

24 136(d). 

25 ‘‘(c) FUNDING.— 
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1 ‘‘(1) PROHIBITION ON USE OF EXISTING CRED2 IT SUBSIDY.—None of the projects made eligible 

3 under this section shall be eligible to receive any 

4 credit subsidy provided under section 136 before the 

5 date of enactment of this section. 

6 ‘‘(2) SPECIFIC APPROPRIATION OR CONTRIBU7 TION.—The authority under this section to incur in8 debtedness, or enter into contracts, obligating 

9 amounts to be expended by the Federal Government 

10 shall be effective for any fiscal year only— 

11 ‘‘(A)(i) to such extent or in such amounts 

12 as are provided in advance by appropriation 

13 Acts; and 

14 ‘‘(ii) if the borrower has agreed to pay a 

15 reasonable percentage of the cost of the obliga16 tion; or 

17 ‘‘(B) if the Secretary has received from the 

18 borrower a payment in full for the cost of the 

19 obligation and deposited the payment into the 

20 Treasury.’’. 

21 SEC. 4005. ADDITIONAL REFORMS. 

22 (a) ISSUANCE OF RULE.—Not later than 180 days 

23 after the date of enactment of this Act and after consulta24 tion with, and taking into account comments from, the 

25 vessel industry, the Secretary shall issue a rule that speci-
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1 fies which energy efficiency improvement standards shall 

2 apply to applicants for loans under section 137 of the En3 ergy Independence and Security Act of 2007 (as added 

4 by section 4004) for the manufacturing, retrofitting, or 

5 repowering vessels that have been issued certificates of 

6 documentation as United States flagged vessels under 

7 chapter 121 of title 46, United States Code. 

8 (b) FEES.—Section 136 of the Energy Independence 

9 and Security Act of 2007 (42 U.S.C. 17013) is amended 

10 by striking subsection (f) and inserting the following: 

11 ‘‘(f) FEES.— 

12 ‘‘(1) IN GENERAL.—The Secretary shall charge 

13 and collect fees for loans provided under this section 

14 in amounts that the Secretary determines are suffi15 cient to cover applicable administrative expenses as16 sociated with the loans, including reasonable closing 

17 fees on the loans. 

18 ‘‘(2) AVAILABILITY.—Fees collected under 

19 paragraph (1) shall— 

20 ‘‘(A) be deposited by the Secretary into the 

21 Treasury; and 

22 ‘‘(B) remain available until expended, sub23 ject to such other conditions as are contained in 

24 annual appropriations Acts.’’. 
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1 SEC. 4006. DEPARTMENT OF ENERGY INDIAN ENERGY EDU2 CATION PLANNING AND MANAGEMENT AS3 SISTANCE PROGRAM. 

4 Section 2602(b)(6) of the Energy Policy Act of 1992 

5 (25 U.S.C. 3502(b)(6)) is amended by striking ‘‘2016’’ 

6 and inserting ‘‘2026’’. 

7 Subtitle B—Energy-Water Nexus 

8 SEC. 4101. NEXUS OF ENERGY AND WATER FOR SUSTAIN9 ABILITY. 

10 (a) DEFINITIONS.—In this section: 

11 (1) ENERGY-WATER NEXUS.—The term ‘‘en12 ergy-water nexus’’ means the links between— 

13 (A) the water needed to produce fuels, 

14 electricity, and other forms of energy; and 

15 (B) the energy needed to transport, re16 claim, and treat water and wastewater. 

17 (2) INTERAGENCY COORDINATION COM18 MITTEE.—The term ‘‘Interagency Coordination 

19 Committee’’ means the Committee on the Nexus of 

20 Energy and Water for Sustainability (or the 

21 ‘‘NEWS Committee’’) established under subsection 

22 (b)(1). 

23 (3) NEXUS OF ENERGY AND WATER SUSTAIN24 ABILITY OFFICE; NEWS OFFICE.—The term ‘‘Nexus 

25 of Energy and Water Sustainability Office’’ or the 

26 ‘‘NEWS Office’’ means an office located at the De-
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1 partment and managed in cooperation with the De2 partment of the Interior pursuant to an agreement 

3 between the 2 agencies to carry out leadership and 

4 administrative functions for the Interagency Coordi5 nation Committee. 

6 (4) RD&D ACTIVITIES.—The term ‘‘RD&D ac7 tivities’’ means research, development, and dem8 onstration activities. 

9 (b) INTERAGENCY COORDINATION COMMITTEE.— 

10 (1) ESTABLISHMENT.—Not later than 180 days 

11 after the date of enactment of this Act, the Sec12 retary and the Secretary of the Interior shall estab13 lish the joint NEWS Office and Interagency Coordi14 nation Committee on the Nexus of Energy and 

15 Water for Sustainability (or the ‘‘NEWS Com16 mittee’’) to carry out the duties described in para17 graph (3). 

18 (2) ADMINISTRATION.— 

19 (A) CHAIRS.—The Secretary and the Sec20 retary of the Interior shall jointly manage the 

21 NEWS Office and serve as co-chairs of the 

22 Interagency Coordination Committee. 

23 (B) MEMBERSHIP; STAFFING.—Member24 ship and staffing shall be determined by the co25 chairs. 
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1 (3) DUTIES.—The Interagency Coordination 

2 Committee shall— 

3 (A) serve as a forum for developing com4 mon Federal goals and plans on energy-water 

5 nexus RD&D activities in coordination with the 

6 National Science and Technology Council; 

7 (B) not later than 1 year after the date of 

8 enactment of this Act, and biannually there9 after, issue a strategic plan on energy-water 

10 nexus RD&D activities priorities and objectives; 

11 (C) convene and promote coordination of 

12 the activities of Federal departments and agen13 cies on energy-water nexus RD&D activities, in14 cluding the activities of— 

15 (i) the Department; 

16 (ii) the Department of the Interior; 

17 (iii) the Corps of Engineers; 

18 (iv) the Department of Agriculture; 

19 (v) the Department of Defense; 

20 (vi) the Department of State; 

21 (vii) the Environmental Protection 

22 Agency; 

23 (viii) the Council on Environmental 

24 Quality; 
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1 (ix) the National Institute of Stand2 ards and Technology; 

3 (x) the National Oceanic and Atmos4 pheric Administration; 

5 (xi) the National Science Foundation; 

6 (xii) the Office of Management and 

7 Budget; 

8 (xiii) the Office of Science and Tech9 nology Policy; 

10 (xiv) the National Aeronautics and 

11 Space Administration; and 

12 (xv) such other Federal departments 

13 and agencies as the Interagency Coordina14 tion Committee considers appropriate; 

15 (D)(i) coordinate and develop capabilities 

16 and methodologies for data collection, manage17 ment, and dissemination of information related 

18 to energy-water nexus RD&D activities from 

19 and to other Federal departments and agencies; 

20 and 

21 (ii) promote information exchange between 

22 Federal departments and agencies— 

23 (I) to identify and document Federal 

24 and non-Federal programs and funding op25 portunities that support basic and applied 
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1 research, development, and demonstration 

2 proposals to advance energy-water nexus 

3 related science and technologies; 

4 (II) to leverage existing programs by 

5 encouraging joint solicitations, block 

6 grants, and matching programs with non7 Federal entities; and 

8 (III) to identify opportunities for do9 mestic and international public-private 

10 partnerships, innovative financing mecha11 nisms, information and data exchange; 

12 (E) promote the integration of energy13 water nexus considerations into existing Federal 

14 water, energy, and other natural resource, in15 frastructure, and science programs at the na16 tional and regional levels and with programs 

17 administered in partnership with non-Federal 

18 entities; and 

19 (F) not later than 1 year after the date of 

20 enactment of this Act, issue a report on the po21 tential benefits and feasibility of establishing an 

22 energy-water center of excellence within the Na23 tional Laboratories (as that term is defined in 

24 section 2 of the Energy Policy Act of 2005 (42 

25 U.S.C. 15801)). 
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1 (4) NO REGULATION.—Nothing in this sub2 section grants to the Interagency Coordination Com3 mittee the authority to promulgate regulations or set 

4 standards. 

5 (5) REVIEW; REPORT.—At the end of the 5- 

6 year period beginning on the date on which the 

7 Interagency Coordination Committee and NEWS Of8 fice are established, the NEWS Office shall— 

9 (A) review the activities, relevance, and ef10 fectiveness of the Interagency Coordination 

11 Committee; and 

12 (B) submit to the Committee on Energy 

13 and Natural Resources of the Senate and the 

14 Committees on Science, Space, and Technology, 

15 Energy and Commerce, and Natural Resources 

16 of the House of Representatives a report that— 

17 (i) describes the results of the review 

18 conducted under subparagraph (A); and 

19 (ii) includes a recommendation on 

20 whether the Interagency Coordination 

21 Committee should continue. 

22 (c) CROSSCUT BUDGET.—Not later than 30 days 

23 after the President submits the budget of the United 

24 States Government under section 1105 of title 31, United 

25 States Code, the co-chairs of the Interagency Coordination 
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1 Committee (acting through the NEWS Office) shall sub2 mit to the Committee on Energy and Natural Resources 

3 of the Senate and the Committees on Science, Space, and 

4 Technology, Energy and Commerce, and Natural Re5 sources of the House of Representatives, an interagency 

6 budget crosscut report that displays at the program-, 

7 project-, and activity-level for each of the Federal agencies 

8 that carry out or support (including through grants, con9 tracts, interagency and intraagency transfers, and 

10 multiyear and no-year funds) basic and applied RD&D ac11 tivities to advance the energy-water nexus related science 

12 and technologies— 

13 (1) the budget proposed in the budget request 

14 of the President for the upcoming fiscal year; 

15 (2) expenditures and obligations for the prior 

16 fiscal year; and 

17 (3) estimated expenditures and obligations for 

18 the current fiscal year. 

19 SEC. 4102. SMART ENERGY AND WATER EFFICIENCY PILOT 

20 PROGRAM. 

21 Subtitle A of title IX of the Energy Policy Act of 

22 2005 (42 U.S.C. 16191 et seq.) is amended by adding at 

23 the end the following: 
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1 ‘‘SEC. 918. SMART ENERGY AND WATER EFFICIENCY PILOT 

2 PROGRAM. 

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

4 ‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible en5 tity’ means— 

6 ‘‘(A) a utility; 

7 ‘‘(B) a municipality; 

8 ‘‘(C) a water district; 

9 ‘‘(D) an Indian tribe or Alaska Native vil10 lage; and 

11 ‘‘(E) any other authority that provides 

12 water, wastewater, or water reuse services. 

13 ‘‘(2) SMART ENERGY AND WATER EFFICIENCY

14 PILOT PROGRAM.—The term ‘smart energy and 

15 water efficiency pilot program’ or ‘pilot program’ 

16 means the pilot program established under sub17 section (b). 

18 ‘‘(b) SMART ENERGY AND WATER EFFICIENCY

19 PILOT PROGRAM.— 

20 ‘‘(1) IN GENERAL.—The Secretary shall estab21 lish and carry out a smart energy and water effi22 ciency pilot program in accordance with this section. 

23 ‘‘(2) PURPOSE.—The purpose of the smart en24 ergy and water efficiency pilot program is to award 

25 grants to eligible entities to demonstrate unique, ad-
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1 vanced, or innovative technology-based solutions that 

2 will— 

3 ‘‘(A) increase the energy efficiency of 

4 water, wastewater, and water reuse systems; 

5 ‘‘(B) improve energy efficiency of water, 

6 wastewater, and water reuse systems to help 

7 communities across the United States make 

8 measurable progress in conserving water, saving 

9 energy, and reducing costs; 

10 ‘‘(C) support the implementation of inno11 vative and unique processes and the installation 

12 of established advanced automated systems that 

13 provide real-time data on energy and water; and 

14 ‘‘(D) improve energy-water conservation 

15 and quality and predictive maintenance through 

16 technologies that utilize internet connected 

17 technologies, including sensors, intelligent gate18 ways, and security embedded in hardware. 

19 ‘‘(3) PROJECT SELECTION.— 

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

21 make competitive, merit-reviewed grants under 

22 the pilot program to not less than 3, but not 

23 more than 5, eligible entities. 
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1 ‘‘(B) SELECTION CRITERIA.—In selecting 

2 an eligible entity to receive a grant under the 

3 pilot program, the Secretary shall consider— 

4 ‘‘(i) energy and cost savings; 

5 ‘‘(ii) the uniqueness, commercial via6 bility, and reliability of the technology to 

7 be used; 

8 ‘‘(iii) the degree to which the project 

9 integrates next-generation sensors soft10 ware, analytics, and management tools; 

11 ‘‘(iv) the anticipated cost-effectiveness 

12 of the pilot project through measurable en13 ergy efficiency savings, water savings or 

14 reuse, and infrastructure costs averted; 

15 ‘‘(v) whether the technology can be 

16 deployed in a variety of geographic regions 

17 and the degree to which the technology can 

18 be implemented in a wide range of applica19 tions ranging in scale from small towns to 

20 large cities, including tribal communities; 

21 ‘‘(vi) whether the technology has been 

22 successfully deployed elsewhere; 

23 ‘‘(vii) whether the technology was 

24 sourced from a manufacturer based in the 

25 United States; and 
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1 ‘‘(viii) whether the project will be 

2 completed in 5 years or less. 

3 ‘‘(C) APPLICATIONS.— 

4 ‘‘(i) IN GENERAL.—Subject to clause 

5 (ii), an eligible entity seeking a grant 

6 under the pilot program shall submit to 

7 the Secretary an application at such time, 

8 in such manner, and containing such infor9 mation as the Secretary determines to be 

10 necessary. 

11 ‘‘(ii) CONTENTS.—An application 

12 under clause (i) shall, at a minimum, in13 clude— 

14 ‘‘(I) a description of the project; 

15 ‘‘(II) a description of the tech16 nology to be used in the project; 

17 ‘‘(III) the anticipated results, in18 cluding energy and water savings, of 

19 the project; 

20 ‘‘(IV) a comprehensive budget for 

21 the project; 

22 ‘‘(V) the names of the project 

23 lead organization and any partners; 

24 ‘‘(VI) the number of users to be 

25 served by the project; 
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1 ‘‘(VII) a description of the ways 

2 in which the proposal would meet per3 formance measures established by the 

4 Secretary; and 

5 ‘‘(VIII) any other information 

6 that the Secretary determines to be 

7 necessary to complete the review and 

8 selection of a grant recipient. 

9 ‘‘(4) ADMINISTRATION.— 

10 ‘‘(A) IN GENERAL.—Not later than 300 

11 days after the date of enactment of this section, 

12 the Secretary shall select grant recipients under 

13 this section. 

14 ‘‘(B) EVALUATIONS.— 

15 ‘‘(i) ANNUAL EVALUATIONS.—The 

16 Secretary shall annually carry out an eval17 uation of each project for which a grant is 

18 provided under this section that meets per19 formance measures and benchmarks devel20 oped by the Secretary, consistent with the 

21 purposes of this section. 

22 ‘‘(ii) REQUIREMENTS.—Consistent 

23 with the performance measures and bench24 marks developed under clause (i), in car-
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1 rying out an evaluation under that clause, 

2 the Secretary shall— 

3 ‘‘(I) evaluate the progress and 

4 impact of the project; and 

5 ‘‘(II) assesses the degree to 

6 which the project is meeting the goals 

7 of the pilot program. 

8 ‘‘(C) TECHNICAL AND POLICY ASSIST9 ANCE.—On the request of a grant recipient, the 

10 Secretary shall provide technical and policy as11 sistance. 

12 ‘‘(D) BEST PRACTICES.—The Secretary 

13 shall make available to the public through the 

14 Internet and other means the Secretary con15 siders to be appropriate— 

16 ‘‘(i) a copy of each evaluation carried 

17 out under subparagraph (B); and 

18 ‘‘(ii) a description of any best prac19 tices identified by the Secretary as a result 

20 of those evaluations. 

21 ‘‘(E) REPORT TO CONGRESS.—The Sec22 retary shall submit to Congress a report con23 taining the results of each evaluation carried 

24 out under subparagraph (B). 
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1 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There 

2 is authorized to be appropriated to carry out this section 

3 $15,000,000, to remain available until expended.’’. 

4 Subtitle C—Innovation 

5 SEC. 4201. AMERICA COMPETES PROGRAMS. 

6 (a) BASIC RESEARCH.—Section 971(b) of the Energy 

7 Policy Act of 2005 (42 U.S.C. 16311(b)) is amended— 

8 (1) in paragraph (6), by striking ‘‘and’’ at the 

9 end; 

10 (2) in paragraph (7), by striking the period at 

11 the end and inserting a semicolon; and 

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

13 ‘‘(8) $5,423,000,000 for fiscal year 2016; 

14 ‘‘(9) $5,808,000,000 for fiscal year 2017; 

15 ‘‘(10) $6,220,000,000 for fiscal year 2018; 

16 ‘‘(11) $6,661,000,000 for fiscal year 2019; and 

17 ‘‘(12) $7,134,000,000 for fiscal year 2020.’’. 

18 (b) ADVANCED RESEARCH PROJECTS AGENCY-EN19 ERGY.—Section 5012 of the America COMPETES Act 

20 (42 U.S.C. 16538) is amended— 

21 (1) in subsection (a)(3), by striking ‘‘subsection 

22 (n)(1)’’ and inserting ‘‘subsection (o)(1)’’; 

23 (2) in subsection (i), by striking paragraph (1) 

24 and inserting the following: 
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1 ‘‘(1) IN GENERAL.—To the maximum extent 

2 practicable, the Director shall ensure that— 

3 ‘‘(A) the activities of ARPA–E are coordi4 nated with, and do not duplicate the efforts of, 

5 programs and laboratories within the Depart6 ment and other relevant research agencies; and 

7 ‘‘(B) ARPA–E does not provide funding 

8 for a project unless the prospective grantee 

9 demonstrates sufficient attempts to secure pri10 vate financing or indicates that the project is 

11 not independently commercially viable.’’; 

12 (3) by redesignating subsection (n) as sub13 section (o); 

14 (4) by inserting after subsection (m) the fol15 lowing: 

16 ‘‘(n) PROTECTION OF INFORMATION.—The following 

17 types of information collected by the ARPA–E from recipi18 ents of financial assistance awards shall be considered 

19 commercial and financial information obtained from a per20 son and privileged or confidential and not subject to dis21 closure under section 552(b)(4) of title 5, United States 

22 Code: 

23 ‘‘(1) Plans for commercialization of technologies 

24 developed under the award, including business plans, 
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1 technology-to-market plans, market studies, and cost 

2 and performance models. 

3 ‘‘(2) Investments provided to an awardee from 

4 third parties (such as venture capital firms, hedge 

5 funds, and private equity firms), including amounts 

6 and the percentage of ownership of the awardee pro7 vided in return for the investments. 

8 ‘‘(3) Additional financial support that the 

9 awardee— 

10 ‘‘(A) plans to or has invested into the tech11 nology developed under the award; or 

12 ‘‘(B) is seeking from third parties. 

13 ‘‘(4) Revenue from the licensing or sale of new 

14 products or services resulting from research con15 ducted under the award.’’; and 

16 (5) in subsection (o) (as redesignated by para17 graph (3))— 

18 (A) in paragraph (2)— 

19 (i) in the matter preceding subpara20 graph (A), by striking ‘‘paragraphs (4) 

21 and (5)’’ and inserting ‘‘paragraph (4)’’; 

22 (ii) in subparagraph (D), by striking 

23 ‘‘and’’ at the end; 
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1 (iii) in subparagraph (E), by striking 

2 the period at the end and inserting a semi3 colon; and 

4 (iv) by adding at the end the fol5 lowing: 

6 ‘‘(F) $325,000,000 for each of fiscal years 

7 2016 through 2018; and 

8 ‘‘(G) $375,000,000 for each of fiscal years 

9 2019 and 2020.’’; and 

10 (B) in paragraph (4)(B), by striking 

11 ‘‘(c)(2)(D)’’ and inserting ‘‘(c)(2)(C)’’. 

12 SEC. 4202. INCLUSION OF EARLY STAGE TECHNOLOGY 

13 DEMONSTRATION IN AUTHORIZED TECH14 NOLOGY TRANSFER ACTIVITIES. 

15 Section 1001 of the Energy Policy Act of 2005 (42 

16 U.S.C. 16391) is amended— 

17 (1) by redesignating subsection (g) as sub18 section (h); and 

19 (2) by inserting after subsection (f) the fol20 lowing: 

21 ‘‘(g) EARLY STAGE TECHNOLOGY DEMONSTRA22 TION.—The Secretary shall permit the directors of the Na23 tional Laboratories to use funds authorized to support 

24 technology transfer within the Department to carry out 

25 early stage and precommercial technology demonstration 
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1 activities to remove technology barriers that limit private 

2 sector interest and demonstrate potential commercial ap3 plications of any research and technologies arising from 

4 National Laboratory activities.’’. 

5 SEC. 4203. SUPPORTING ACCESS OF SMALL BUSINESS CON6 CERNS TO NATIONAL LABORATORIES. 

7 (a) DEFINITIONS.—In this section: 

8 (1) NATIONAL LABORATORY.—The term ‘‘Na9 tional Laboratory’’ has the meaning given the term 

10 in section 2 of the Energy Policy Act of 2005 (42 

11 U.S.C. 15801). 

12 (2) SMALL BUSINESS CONCERN.—The term 

13 ‘‘small business concern’’ has the same meaning as 

14 in section 3 of the Small Business Act (15 U.S.C. 

15 632). 

16 (b) ACTIONS FOR INCREASED ACCESS AT NATIONAL

17 LABORATORIES FOR SMALL BUSINESS CONCERNS.—To 

18 promote the technology transfer of innovative energy tech19 nologies and enhance the competitiveness of the United 

20 States, the Secretary shall take such actions as are appro21 priate to facilitate access to the National Laboratories for 

22 small business concerns. 

23 (c) INFORMATION ON THE DOE WEBSITE RELATING

24 TO NATIONAL LABORATORY PROGRAMS AVAILABLE TO

25 SMALL BUSINESS CONCERNS.— 
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1 (1) IN GENERAL.—Not later than 180 days 

2 after the date of enactment of this Act, the Sec3 retary, in coordination with the Directors of the Na4 tional Laboratories, shall— 

5 (A) publish in a consolidated manner on 

6 the website of the Department information re7 lating to National Laboratory programs that 

8 are available to small business concerns; 

9 (B) provide for the information published 

10 under subparagraph (A) to be kept up-to-date; 

11 and 

12 (C) include in the information published 

13 under subparagraph (A), information on each 

14 available program under which small business 

15 concerns are eligible to enter into agreements to 

16 work with the National Laboratories. 

17 (2) COMPONENTS.—The information published 

18 on the Department website under paragraph (1) 

19 shall include— 

20 (A) a brief description of each agreement 

21 available to small business concerns to work 

22 with National Laboratories; 

23 (B) a step-by-step guide for completing 

24 agreements to work with National Laboratories; 
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1 (C) best practices for working with Na2 tional Laboratories; 

3 (D) individual National Laboratory 

4 websites that provide information specific to 

5 technology transfer and working with small 

6 business concerns; 

7 (E) links to funding opportunity announce8 ments, nonfinancial resources, and other pro9 grams available to small business concerns; and 

10 (F) any other information that the Sec11 retary determines to be appropriate. 

12 (3) ACCESSIBILITY.—The information published 

13 on the Department website under paragraph (1) 

14 shall be— 

15 (A) readily accessible and easily found on 

16 the Internet by the public and members and 

17 committees of Congress; and 

18 (B) presented in a searchable, machine19 readable format. 

20 (4) GUIDANCE.—The Secretary shall issue De21 partmental guidance to ensure that the information 

22 published on the Department website under para23 graph (1) is provided in a manner that presents a 

24 coherent picture of all National Laboratory pro25 grams that are relevant to small business concerns. 
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1 SEC. 4204. MICROLAB TECHNOLOGY COMMERCIALIZATION. 

2 (a) DEFINITIONS.—In this section: 

3 (1) MICROLAB.—The term ‘‘microlab’’ means a 

4 small laboratory established by the Secretary under 

5 subsection (b). 

6 (2) NATIONAL LABORATORY.—The term ‘‘na7 tional laboratory’’ means— 

8 (A) a National Laboratory, as defined in 

9 section 2 of the Energy Policy Act of 2005 (42 

10 U.S.C. 15801); and 

11 (B) a national security laboratory, as de12 fined in section 3281 of the National Nuclear 

13 Security Administration Act (50 U.S.C. 2471). 

14 (b) ESTABLISHMENT OF MICROLAB PROGRAM.— 

15 (1) IN GENERAL.—The Secretary, in collabora16 tion with the directors of national laboratories, may 

17 establish a microlab program under which the Sec18 retary establishes microlabs that are located in close 

19 proximity to national laboratories and that are ac20 cessible to the public for the purposes of— 

21 (A) enhancing collaboration with regional 

22 research groups, such as institutions of higher 

23 education and industry groups; 

24 (B) accelerating technology transfer from 

25 national laboratories to the marketplace; and 
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1 (C) promoting regional workforce develop2 ment through science, technology, engineering, 

3 and mathematics (‘‘STEM’’) instruction and 

4 training. 

5 (2) CRITERIA.—In determining the placement 

6 of microlabs under paragraph (1), the Secretary 

7 shall consider— 

8 (A) the commitment of a national labora9 tory to establishing a microlab; 

10 (B) the existence of a joint research insti11 tute or a new facility that— 

12 (i) is not on the main site of a na13 tional laboratory; 

14 (ii) is in close proximity to a national 

15 laboratory; and 

16 (iii) has the capability to house a 

17 microlab; 

18 (C) whether employees of a national lab19 oratory and persons from academia, industry, 

20 and government are available to be assigned to 

21 the microlab; and 

22 (D) cost-sharing or in-kind contributions 

23 from State and local governments and private 

24 industry. 
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1 (3) TIMING.—If the Secretary, in collaboration 

2 with the directors of national laboratories, elects to 

3 establish a microlab program under this subsection, 

4 the Secretary, in collaboration with the directors of 

5 national laboratories, shall— 

6 (A) not later than 60 days after the date 

7 of enactment of this Act, begin the process of 

8 determining the placement of microlabs under 

9 paragraph (1); and 

10 (B) not later than 180 days after the date 

11 of enactment of this Act, implement the 

12 microlab program under this subsection. 

13 (c) REPORTS.— 

14 (1) INITIAL REPORT.—Not later than 60 days 

15 after the date of implementation of the microlab pro16 gram under subsection (b), the Secretary shall sub17 mit to the Committee on Armed Services of the Sen18 ate, the Committee on Armed Services of the House 

19 of Representatives, the Committee on Energy and 

20 Natural Resources of the Senate, and the Committee 

21 on Science, Space, and Technology of the House of 

22 Representatives a report that provides an update on 

23 the implementation of the microlab program under 

24 subsection (b). 
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1 (2) PROGRESS REPORT.—Not later than 1 year 

2 after the date of implementation of the microlab pro3 gram under subsection (b), the Secretary shall sub4 mit to the Committee on Armed Services of the Sen5 ate, the Committee on Armed Services of the House 

6 of Representatives, the Committee on Energy and 

7 Natural Resources of the Senate, and the Committee 

8 on Science, Space, and Technology of the House of 

9 Representatives a report on the microlab program 

10 under subsection (b), including findings and rec11 ommendations of the Secretary. 

12 (d) AUTHORIZATION OF APPROPRIATIONS.— 

13 There is authorized to be appropriated to carry out 

14 this Act $50,000,000 for fiscal year 2016. 

15 SEC. 4205. SENSE OF THE SENATE ON ACCELERATING EN16 ERGY INNOVATION. 

17 It is the sense of the Senate that— 

18 (1) although important progress has been made 

19 in cost reduction and deployment of clean energy 

20 technologies, accelerating clean energy innovation 

21 will help meet critical competitiveness, energy secu22 rity, and environmental goals; 

23 (2) accelerating the pace of clean energy inno24 vation in the United States calls for— 
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1 (A) supporting existing research and devel2 opment programs at the Department and the 

3 world-class National Laboratories (as defined in 

4 section 2 of the Energy Policy Act of 2005 (42 

5 U.S.C. 15801)); 

6 (B) exploring and developing new path7 ways for innovators, investors, and decision8 makers to leverage the resources of the Depart9 ment for addressing the challenges and com10 parative strengths of geographic regions; and 

11 (C) recognizing the financial constraints of 

12 the Department, regularly reviewing clean en13 ergy programs to ensure that taxpayer invest14 ments are maximized; 

15 (3) the energy supply, demand, policies, mar16 kets, and resource options of the United States vary 

17 by geographic region; 

18 (4) a regional approach to innovation can 

19 bridge the gaps between local talent, institutions, 

20 and industries to identify opportunities and convert 

21 United States investment into domestic companies; 

22 and 

23 (5) Congress, the Secretary, and energy indus24 try participants should advance efforts that promote 

25 international, domestic, and regional cooperation on 
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1 the research and development of energy innovations 

2 that— 

3 (A) provide clean, affordable, and reliable 

4 energy for everyone; 

5 (B) promote economic growth; 

6 (C) are critical for energy security; and 

7 (D) are sustainable without government 

8 support. 

9 SEC. 4206. RESTORATION OF LABORATORY DIRECTED RE10 SEARCH AND DEVELOPMENT PROGRAM. 

11 The Secretary shall ensure that laboratory operating 

12 contractors do not allocate costs of general and adminis13 trative overhead to laboratory directed research and devel14 opment. 

15 SEC. 4207. NATIONAL SCIENCE AND TECHNOLOGY COUNCIL 

16 COORDINATING SUBCOMMITTEE FOR HIGH17 ENERGY PHYSICS. 

18 (a) ESTABLISHMENT.—Not later than 1 year after 

19 the date of enactment of this Act, the National Science 

20 and Technology Council shall establish a subcommittee to 

21 coordinate Federal efforts relating to high-energy physics 

22 research (referred to in this section as the ‘‘sub23 committee’’). 

24 (b) PURPOSES.—The purposes of the subcommittee 

25 are— 
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1 (1) to maximize the efficiency and effectiveness 

2 of United States investment in high-energy physics; 

3 and 

4 (2) to support a robust, internationally competi5 tive United States high-energy physics program that 

6 includes— 

7 (A) underground science and engineering 

8 research; and 

9 (B) physical infrastructure. 

10 (c) CO-CHAIRS.—The Director of the National 

11 Science Foundation and the Secretary shall serve as co12 chairs of the subcommittee. 

13 (d) RESPONSIBILITIES.—The responsibilities of the 

14 subcommittee shall be— 

15 (1) to provide recommendations on planning for 

16 construction and stewardship of large facilities par17 ticipating in high-energy physics; 

18 (2) to provide recommendations on research co19 ordination and collaboration among the programs 

20 and activities of Federal agencies; 

21 (3) to establish goals and priorities for high-en22 ergy physics, underground science, and research and 

23 development that will strengthen United States com24 petitiveness in high-energy physics; 
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1 (4) to propose methods for engagement with 

2 international, Federal, and State agencies and Fed3 eral laboratories not represented on the sub4 committee to identify and reduce regulatory, 

5 logistical, and fiscal barriers that inhibit United 

6 States leadership in high-energy physics and related 

7 underground science; and 

8 (5) to develop, and update once every 5 years, 

9 a strategic plan to guide Federal programs and ac10 tivities in support of high-energy physics research. 

11 (e) ANNUAL REPORT.—Annually, the subcommittee 

12 shall update Congress regarding— 

13 (1) efforts taken in support of the strategic 

14 plan described in subsection (d)(5); 

15 (2) an evaluation of the needs for maintaining 

16 United States leadership in high-energy physics; and 

17 (3) identification of priorities in the area of 

18 high-energy physics. 

19 (f) SUNSET.—The subcommittee shall terminate on 

20 the date that is 10 years after the date of enactment of 

21 this Act. 
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1 Subtitle D—Grid Reliability 

2 SEC. 4301. BULK-POWER SYSTEM RELIABILITY IMPACT 

3 STATEMENT. 

4 Section 215 of the Federal Power Act (16 U.S.C. 

5 824o) is amended by adding at the end the following: 

6 ‘‘(l) RELIABILITY IMPACT STATEMENT.— 

7 ‘‘(1) SOLICITATION BY COMMISSION.—Not later 

8 than 15 days after the date on which the head of a 

9 Federal agency proposes a major rule (as defined in 

10 section 804 of title 5, United States Code) that may 

11 significantly affect the reliable operation of the bulk12 power system, the Commission shall solicit from the 

13 ERO, who shall coordinate with regional entities af14 fected by the proposed rule, a reliability impact 

15 statement with respect to the proposed rule. 

16 ‘‘(2) REQUIREMENTS.—A reliability impact 

17 statement under paragraph (1) shall include a de18 tailed statement on— 

19 ‘‘(A) the impact of the proposed rule on 

20 the reliable operation of the bulk-power system; 

21 ‘‘(B) any adverse effects on the reliable op22 eration of the bulk-power system if the pro23 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. 4302. 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— 

23 (A)(i) identifies electric generating capac24 ity resources that are available to the trans-
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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 

25 organization reasonable assurances of es-
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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 Subtitle E—Management 

17 SEC. 4401. FEDERAL LAND MANAGEMENT. 

18 (a) DEFINITIONS.—In this section: 

19 (1) CADASTRE.—The term ‘‘cadastre’’ means 

20 an inventory of buildings and other real property 

21 (including associated infrastructure such as roads 

22 and utility transmission lines and pipelines) located 

23 on land administered by the Secretary, which is de24 veloped through collecting, storing, retrieving, or dis25 seminating graphical or digital data and any infor-
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1 mation related to the data, including surveys, maps, 

2 charts, images, and services. 

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

4 the Secretary of the Interior. 

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 of the Interior; 

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 to make the cadastre available 

18 for use by the agency to support agency man19 agement activities. 

20 (2) COST-SHARING AGREEMENTS.— 

21 (A) IN GENERAL.—The Secretary may 

22 enter into cost-sharing agreements with other 

23 Federal agencies, and with States, Indian 

24 tribes, and local governments, to include any 

25 non-Federal land in a State in the cadastre. 
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1 (B) COST SHARE.—The Federal share of 

2 any cost agreement described in subparagraph 

3 (A) shall not exceed 50 percent of the total cost 

4 to a State, Indian tribe, or local government for 

5 the development of the cadastre of non-Federal 

6 land. 

7 (3) CONSOLIDATION AND REPORT.—Not later 

8 than 180 days after the date of enactment of this 

9 Act, the Secretary shall submit to the Committee on 

10 Energy and Natural Resources of the Senate and 

11 the Committee on Natural Resources of the House 

12 of Representatives a report on the real property in13 ventories or any components of any cadastre or re14 lated inventories that— 

15 (A) exist as of the date of enactment of 

16 this Act; 

17 (B) are authorized by law or conducted by 

18 the Secretary; and 

19 (C) are of sufficient accuracy to be in20 cluded in the cadastre authorized under para21 graph (1). 

22 (4) COORDINATION.—In carrying out this sub23 section, the Secretary shall— 

24 (A) participate (in accordance with section 

25 216 of the E–Government Act of 2002 (44 
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1 U.S.C. 3501 note; Public Law 107–347)) in the 

2 establishment of such standards and common 

3 protocols as are necessary to ensure the inter4 operability of geospatial information pertaining 

5 to the cadastre for all users of the information; 

6 (B) coordinate with, seek assistance and 

7 cooperation of, and provide liaison to the Fed8 eral Geographic Data Committee pursuant to 

9 Office of Management and Budget Circular A– 

10 16 and Executive Order 12906 (43 U.S.C. 

11 1457 note; relating to coordinating geographic 

12 data acquisition and access: the National Spa13 tial Data Infrastructure) for the implementa14 tion of and compliance with such standards as 

15 may be applicable to the cadastre; 

16 (C) make the cadastre interoperable with 

17 the Federal Real Property Profile established 

18 pursuant to Executive Order 13327 (40 U.S.C. 

19 121 note; relating to Federal real property 

20 asset management); 

21 (D) integrate with and leverage, to the 

22 maximum extent practicable, cadastre activities 

23 of units of State and local government; and 

24 (E) use contracts with the private sector, 

25 if practicable, to provide such products and 
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1 services as are necessary to develop the cadas2 tre. 

3 (c) TRANSPARENCY AND PUBLIC ACCESS.—The Sec4 retary shall— 

5 (1) make the cadastre required under this sec6 tion publically available on the Internet in a graphi7 cally geoenabled and searchable format; and 

8 (2) in consultation with the Secretary of De9 fense and the Secretary of Homeland Security, pre10 vent the disclosure of the identity of any buildings 

11 or facilities, or information related to the buildings 

12 or facilities, if the disclosure would impair or jeop13 ardize the national security or homeland defense of 

14 the United States. 

15 (d) EFFECT.—Nothing in this section— 

16 (1) creates any substantive or procedural right 

17 or benefit; 

18 (2) authorizes any new surveying or mapping of 

19 Federal real property, except that a Federal agency 

20 may conduct a new survey to update the accuracy of 

21 the inventory data of the agency before storage on 

22 a cadaster; or 

23 (3) authorizes— 

24 (A) the evaluation of any real property 

25 owned by the United States for disposal; or 
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1 (B) new appraisals or assessments of the 

2 value of— 

3 (i) real property; or 

4 (ii) cultural or archaeological re5 sources on any parcel of Federal land or 

6 other real property. 

7 SEC. 4402. 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 of Energy; 

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; 

23 ‘‘(iv) State, local, and tribal govern24 ments; 
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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 of En19 ergy shall provide such support for the Quadrennial En20 ergy Review with the necessary analytical, financial, and 

21 administrative support for the conduct of each Quadren22 nial Energy Review required under this section as may 

23 be requested by the cochairpersons designated under sub24 section (a)(2). 
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1 ‘‘(e) COOPERATION.—The heads of applicable Fed2 eral agencies shall cooperate with the Secretary and pro3 vide such assistance, information, and resources as the 

4 Secretary may require to assist in carrying out this sec5 tion.’’. 

6 (b) TABLE OF CONTENTS AMENDMENT.—The item 

7 relating to section 801 in the table of contents of such 

8 Act is amended to read as follows: 

‘‘Sec. 801. Quadrennial Energy Review.’’. 

9 (c) ADMINISTRATION.—Nothing in this section or an 

10 amendment made by this section supersedes, modifies, 

11 amends, or repeals any provision of Federal law not ex12 pressly superseded, modified, amended, or repealed by this 

13 section. 

14 SEC. 4403. STATE OVERSIGHT OF OIL AND GAS PROGRAMS. 

15 On request of the Governor of a State, the Secretary 

16 of the Interior shall establish a program under which the 

17 Director of the Bureau of Land Management shall enter 

18 into a memorandum of understanding with the State to 

19 consider the costs and benefits of consistent rules and 

20 processes for the measurement of oil and gas production 

21 activities, inspection of meters or other measurement 

22 methodologies, and other operational activities, as deter23 mined by the Secretary of the Interior. 
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1 SEC. 4404. UNDER SECRETARY FOR SCIENCE AND ENERGY. 

2 (a) IN GENERAL.—Section 202(b) of the Department 

3 of Energy Organization Act (42 U.S.C. 7132(b)) is 

4 amended— 

5 (1) in paragraph (1), by striking ‘‘for Science’’ 

6 and inserting ‘‘for Science and Energy (referred to 

7 in this subsection as the ‘Under Secretary’)’’; 

8 (2) in paragraph (3), in the matter preceding 

9 subparagraph (A), by striking ‘‘for Science’’; and 

10 (3) in paragraph (4)— 

11 (A) in the matter preceding subparagraph 

12 (A), by striking ‘‘for Science’’; 

13 (B) in subparagraph (F), by striking 

14 ‘‘and’’ at the end; 

15 (C) in subparagraph (G), by striking the 

16 period at the end and inserting a semicolon; 

17 and 

18 (D) by inserting after subparagraph (G) 

19 the following: 

20 ‘‘(H) establish appropriate linkages be21 tween offices under the jurisdiction of the 

22 Under Secretary; and 

23 ‘‘(I) perform such functions and duties as 

24 the Secretary shall prescribe, consistent with 

25 this section.’’. 
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1 (b) CONFORMING AMENDMENT.—Section 641(h)(2) 

2 of the United States Energy Storage Competitiveness Act 

3 of 2007 (42 U.S.C. 17231(h)(2)) is amended by striking 

4 ‘‘Under Secretary for Science’’ and inserting ‘‘Under Sec5 retary for Science and Energy’’. 

6 SEC. 4405. WESTERN AREA POWER ADMINISTRATION PILOT 

7 PROJECT. 

8 (a) IN GENERAL.—The Administrator of the Western 

9 Area Power Administration (referred to in this section as 

10 the ‘‘Administrator’’) shall establish a pilot project, as 

11 part of the continuous process improvement program and 

12 to provide increased transparency for customers, to pub13 lish on a publicly available website of the Western Area 

14 Power Administration, a searchable database of the fol15 lowing information, beginning with fiscal year 2008, relat16 ing to the Western Area Power Administration: 

17 (1) By power system, rates charged to cus18 tomers for power and transmission service. 

19 (2) By power system, the amount of capacity or 

20 energy sold. 

21 (3) By region, a detailed accounting of the allo22 cation of budget authority, including— 

23 (A) overhead costs; 

24 (B) the number of contractors; and 

25 (C) the number of full-time equivalents. 
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1 (4) For the corporate services office, a detailed 

2 accounting of the allocation of budget authority, in3 cluding— 

4 (A) overhead costs; 

5 (B) the number of contractors; 

6 (C) the number of full-time equivalents; 

7 and 

8 (D) expenses charged to other Federal 

9 agencies or programs for the administration of 

10 programs not related to the marketing, trans11 mission, or wheeling of Federal hydropower re12 sources, including— 

13 (i) overhead costs; 

14 (ii) the number of contractors; and 

15 (iii) the number of full-time equiva16 lents. 

17 (5) Capital expenditures, including— 

18 (A) capital investments delineated by the 

19 year in which each investment is placed into 

20 service; and 

21 (B) the sources of capital for each invest22 ment. 

23 (b) REPORT.—Not less than once each year for the 

24 duration of the pilot project under this section, the Admin25 istrator shall submit to the Committee on Appropriations 
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1 of the Senate and the Committee on Appropriations of the 

2 House of Representatives a report that— 

3 (1) describes the annual estimated avoided costs 

4 and the savings as a result of the pilot project under 

5 this section; and 

6 (2) includes a certification from the Adminis7 trator that— 

8 (A) the rates for each power system do not 

9 recover costs and expenses recovered by other 

10 power systems; and 

11 (B) each expense allocated by the cor12 porate services office to an individual power 

13 system is only recovered once. 

14 (c) TERMINATION.—The pilot project under this sec15 tion shall terminate on the date that is 10 years after the 

16 date of enactment of this Act. 

17 SEC. 4406. RESEARCH GRANTS DATABASE. 

18 (a) IN GENERAL.—The Secretary shall establish and 

19 maintain a public database, accessible on the website of 

20 the Department, that contains a searchable listing of every 

21 unclassified research and development project contract, 

22 grant, cooperative agreement, task order for federally 

23 funded research and development centers, or other trans24 action administered by the Department. 
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1 (b) CLASSIFIED PROJECTS.—Each year, the Sec2 retary shall submit to the relevant committees of Congress 

3 a report that lists every classified project of the Depart4 ment, including all relevant details of the projects. 

5 (c) REQUIREMENTS.—Each listing described in sub6 sections (a) and (b) shall include, at a minimum, for each 

7 listed project, the component carrying out the project, the 

8 project name, an abstract or summary of the project, 

9 funding levels, project duration, contractor or grantee 

10 name, and expected objectives and milestones. 

11 (d) RELEVANT LITERATURE AND PATENTS.—To the 

12 maximum extent practicable, the Secretary shall provide 

13 information through the public database established under 

14 subsection (a) on relevant literature and patents that are 

15 associated with each research and development project 

16 contract, grant, or cooperative agreement, or other trans17 action, of the Department. 

18 SEC. 4407. REVIEW OF ECONOMIC IMPACT OF BSEE RULE 

19 ON SMALL ENTITIES. 

20 (a) DEFINITIONS.—In this section— 

21 (1) the term ‘‘BSEE’’ means the Bureau of 

22 Safety and Environmental Enforcement; 

23 (2) the term ‘‘Chief Counsel’’ means the Chief 

24 Counsel for Advocacy of the Small Business Admin25 istration; 
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1 (3) the term ‘‘covered proposed rule’’ means the 

2 proposed rule of the BSEE entitled ‘‘Oil and Gas 

3 and Sulphur Operations in the Outer Continental 

4 Shelf—Blowout Preventer Systems and Well Con5 trol’’ (80 Fed. Reg. 21504 (April 17, 2015)); and 

6 (4) the term ‘‘small entity’’ has the meaning 

7 given the term in section 601 of title 5, United 

8 States Code. 

9 (b) REQUIREMENT TO CONDUCT REVIEW.— 

10 (1) IN GENERAL.—If the BSEE issues a final 

11 rule for the covered proposed rule, then not later 

12 than 1 year after the effective date of the final rule 

13 the BSEE, in consultation with the Chief Counsel, 

14 shall complete a review of the final rule under sec15 tion 610 of title 5, United States Code. 

16 (2) ASSESSMENT OF ECONOMIC IMPACT.—In 

17 conducting the review required under paragraph (1), 

18 the BSEE, in consultation with the Chief Counsel, 

19 shall assess the economic impact of the final rule on 

20 small entities in the oil and gas supply chain. 

21 (3) REPORT.—Not later than 180 days after 

22 the date on which the review is completed under this 

23 subsection, the BSEE, in consultation with the Chief 

24 Counsel, shall submit to Congress a report on the 

25 findings of the review. 
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1 SEC. 4408. ENERGY EMERGENCY RESPONSE EFFORTS OF 

2 THE DEPARTMENT. 

3 (a) CONGRESSIONAL DECLARATION OF PURPOSE.— 

4 Section 102 of the Department of Energy Organization 

5 Act (42 U.S.C. 7112) is amended by adding at the end 

6 the following: 

7 ‘‘(20) To facilitate the development and imple8 mentation of a strategy for responding to energy in9 frastructure and supply emergencies through— 

10 ‘‘(A) continuously monitoring and pub11 lishing information on the energy delivery and 

12 supply infrastructure of the United States, in13 cluding electricity, liquid fuels, natural gas, and 

14 coal; 

15 ‘‘(B) managing Federal strategic energy 

16 reserves; 

17 ‘‘(C) advising national leadership during 

18 emergencies on ways to respond to and mini19 mize energy disruptions; and 

20 ‘‘(D) working with Federal agencies and 

21 State and local governments— 

22 ‘‘(i) to enhance energy emergency pre23 paredness; and 

24 ‘‘(ii) to respond to and mitigate en25 ergy emergencies.’’. 
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1 (b) UNDER SECRETARY FOR SCIENCE AND EN2 ERGY.—Section 202(b)(4) of the Department of Energy 

3 Organization Act (42 U.S.C. 7132(b)(4)) (as amended by 

4 section 4404(a)(3)) is amended, in subparagraph (B), by 

5 inserting ‘‘and applied energy’’ before ‘‘programs of the’’. 

6 (c) RESPONSIBILITIES OF ASSISTANT SECRE7 TARIES.—Section 203(a) of the Department of Energy 

8 Organization Act (42 U.S.C. 7133(a)) is amended by add9 ing at the end the following: 

10 ‘‘(12) Emergency response functions, including 

11 assistance in the prevention of, or in the response to, 

12 an emergency disruption of energy supply, trans13 mission, and distribution.’’. 

14 SEC. 4409. GAO REPORT ON BUREAU OF SAFETY AND ENVI15 RONMENTAL ENFORCEMENT STATUTORY 

16 AND REGULATORY AUTHORITY FOR THE 

17 PROCUREMENT OF HELICOPTER FUEL. 

18 Not later than 1 year after the date of enactment 

19 of this Act, the Comptroller General of the United States 

20 shall submit to the Committee on Energy and Natural Re21 sources of the Senate and the Committee on Natural Re22 sources of the House of Representatives a report that de23 fines the statutory and regulatory authority of the Bureau 

24 of Safety and Environmental Enforcement with respect to 

25 legally procuring privately owned helicopter fuel, without 
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1 agreement, from lessees, permit holders, operators of fed2 erally leased offshore facilities, or independent third par3 ties not under contract with the Bureau of Safety and En4 vironmental Enforcement or an agent of the Bureau of 

5 Safety and Environmental Enforcement. 

6 SEC. 4410. CONVEYANCE OF FEDERAL LAND WITHIN THE 

7 SWAN LAKE HYDROELECTRIC PROJECT 

8 BOUNDARY. 

9 Not later than 18 months after the date of enactment 

10 of this Act, the Secretary of the Interior, after consulta11 tion with the Secretary of Agriculture, shall— 

12 (1) survey the exterior boundaries of the tract 

13 of Federal land within the project boundary of the 

14 Swan Lake Hydroelectric Project (FERC No. 2911) 

15 as generally depicted and labeled ‘‘Lost Creek’’ on 

16 the map entitled ‘‘Swan Lake Project Boundary— 

17 Lot 2’’ and dated February 1, 2016; and 

18 (2) issue a patent to the State of Alaska for the 

19 tract described in paragraph (1) in accordance 

20 with— 

21 (A) the survey authorized under paragraph 

22 (1); 

23 (B) section 6(a) of the Act of July 7, 1958 

24 (commonly known as the ‘‘Alaska Statehood 
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1 Act’’) (48 U.S.C. note prec. 21; Public Law 85– 

2 508); and 

3 (C) section 24 of the Federal Power Act 

4 (16 U.S.C. 818). 

5 SEC. 4411. STUDY OF WAIVERS OF CERTAIN COST-SHARING 

6 REQUIREMENTS. 

7 Not later than 180 days after the date of enactment 

8 of this Act, the Secretary shall— 

9 (1) complete a study on the ability of, and any 

10 actions before the date of enactment of this Act by, 

11 the Secretary to waive the cost-sharing requirement 

12 under section 988 of the Energy Policy Act of 2005 

13 (42 U.S.C. 16352); and 

14 (2) based on the results of the study under 

15 paragraph (1), make recommendations to Congress 

16 for the issuance of, and factors that should be con17 sidered with respect to, waivers of the cost-sharing 

18 requirement by the Secretary. 

19 SEC. 4412. NATIONAL PARK CENTENNIAL. 

20 (a) NATIONAL PARK CENTENNIAL CHALLENGE

21 FUND.— 

22 (1) IN GENERAL.—Chapter 1049 of title 54, 

23 United States Code (as amended by section 

24 5001(a)), is amended by adding at the end the fol25 lowing: 
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1 ‘‘§ 104909. National Park Centennial Challenge Fund 

2 ‘‘(a) PURPOSE.—The purpose of this section is to es3 tablish a fund in the Treasury— 

4 ‘‘(1) to finance signature projects and programs 

5 to enhance the National Park System as the centen6 nial of the National Park System approaches in 

7 2016; and 

8 ‘‘(2) to prepare the System for another century 

9 of conservation, preservation, and enjoyment. 

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

11 ‘‘(1) CHALLENGE FUND.—The term ‘Challenge 

12 Fund’ means the National Park Centennial Chal13 lenge Fund established by subsection (c)(1). 

14 ‘‘(2) QUALIFIED DONATION.—The term ‘quali15 fied donation’ means a cash donation or the pledge 

16 of a cash donation guaranteed by an irrevocable let17 ter of credit to the Service that the Secretary cer18 tifies is to be used for a signature project or pro19 gram. 

20 ‘‘(3) SIGNATURE PROJECT OR PROGRAM.—The 

21 term ‘signature project or program’ means any 

22 project or program identified by the Secretary as a 

23 project or program that would further the purposes 

24 of the System or any System unit. 

25 ‘‘(c) NATIONAL PARK CENTENNIAL CHALLENGE

26 FUND.— 
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1 ‘‘(1) ESTABLISHMENT.—There is established in 

2 the Treasury of the United States a fund, to be 

3 known as the ‘National Park Centennial Challenge 

4 Fund’. 

5 ‘‘(2) DEPOSITS.—The Challenge Fund shall 

6 consist of— 

7 ‘‘(A) qualified donations that are trans8 ferred from the Service donation account, in ac9 cordance with subsection (e)(1); and 

10 ‘‘(B) not more than $17,500,000, to be ap11 propriated from the general fund of the Treas12 ury, in accordance with subsection (e)(2). 

13 ‘‘(3) AVAILABILITY.—Amounts in the Challenge 

14 Fund shall— 

15 ‘‘(A) be available to the Secretary for sig16 nature projects and programs under this title, 

17 without further appropriation; and 

18 ‘‘(B) remain available until expended. 

19 ‘‘(d) SIGNATURE PROJECTS AND PROGRAMS.— 

20 ‘‘(1) DEVELOPMENT OF LIST.—Not later than 

21 180 days after the date of enactment of this section, 

22 the Secretary shall develop a list of signature 

23 projects and programs eligible for funding from the 

24 Challenge Fund. 
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1 ‘‘(2) SUBMISSION TO CONGRESS.—The Sec2 retary shall submit to the Committees on Appropria3 tions and Energy and Natural Resources of the Sen4 ate and the Committees on Appropriations and Nat5 ural Resources of the House of Representatives the 

6 list developed under paragraph (1). 

7 ‘‘(3) UPDATES.—Subject to the notice require8 ments under paragraph (2), the Secretary may add 

9 any signature project or program to the list devel10 oped under paragraph (1). 

11 ‘‘(e) DONATIONS AND MATCHING FEDERAL

12 FUNDS.— 

13 ‘‘(1) QUALIFIED DONATIONS.—The Secretary 

14 may transfer any qualified donations to the Chal15 lenge Fund. 

16 ‘‘(2) MATCHING AMOUNT.—There is authorized 

17 to be appropriated to the Challenge Fund for each 

18 fiscal year through fiscal year 2020 an amount equal 

19 to the amount of qualified donations received for the 

20 fiscal year. 

21 ‘‘(3) SOLICITATION.—Nothing in this section 

22 expands any authority of the Secretary, the Service, 

23 or any employee of the Service to receive or solicit 

24 donations. 
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1 ‘‘(f) REPORT TO CONGRESS.—The Secretary shall 

2 provide with the submission of the budget of the President 

3 to Congress for each fiscal year a report on the status 

4 and funding of the signature projects and programs.’’. 

5 (2) CLERICAL AMENDMENT.—The table of sec6 tions affected for title 54, United States Code (as 

7 amended by section 5001(b)), is amended by insert8 ing after the item relating to section 104908 the fol9 lowing: 

‘‘§104909. National Park Centennial Challenge Fund.’’. 

10 (b) SECOND CENTURY ENDOWMENT FOR THE NA11 TIONAL PARK SYSTEM.— 

12 (1) IN GENERAL.—Subchapter II of chapter 

13 1011 of title 54, United States Code, is amended by 

14 adding at the end the following: 

15 ‘‘§ 101121. Second Century Endowment for the Na16 tional Park System 

17 ‘‘(a) IN GENERAL.—The National Park Foundation 

18 shall establish an endowment, to be known as the ‘Second 

19 Century Endowment for the National Park System’ (re20 ferred to in this section as the ‘Endowment’). 

21 ‘‘(b) CAMPAIGN.—To further the mission of the Serv22 ice, the National Park Foundation may undertake a cam23 paign to fund the Endowment through gifts, devises, or 

24 bequests, in accordance with section 101113. 

25 ‘‘(c) USE OF PROCEEDS.— 
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1 ‘‘(1) IN GENERAL.—On request of the Sec2 retary, the National Park Foundation shall expend 

3 proceeds from the Endowment in accordance with 

4 projects and programs in furtherance of the mission 

5 of the Service, as identified by the Secretary. 

6 ‘‘(2) MANAGEMENT.—The National Park Foun7 dation shall manage the Endowment in a manner 

8 that ensures that annual expenditures as a percent9 age of the principal are consistent with Internal Rev10 enue Service guidelines for endowments maintained 

11 for charitable purposes. 

12 ‘‘(d) INVESTMENTS.—The National Park Foundation 

13 shall— 

14 ‘‘(1) maintain the Endowment in an interest15 bearing account; and 

16 ‘‘(2) invest Endowment proceeds with the pur17 pose of supporting and enriching the System in per18 petuity. 

19 ‘‘(e) REPORT.—Each year, the National Park Foun20 dation shall make publicly available information on the 

21 amounts deposited into, and expended from, the Endow22 ment.’’. 

23 (2) CLERICAL AMENDMENT.—The table of sec24 tions affected for title 54, United States Code, is 
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1 amended by inserting after the item relating to sec2 tion 101120 the following: 

‘‘§101121. Second Century Endowment for the National Park System.’’. 

3 (c) NATIONAL PARK SERVICE INTELLECTUAL PROP4 ERTY PROTECTION.— 

5 (1) IN GENERAL.—Chapter 1049 of title 54, 

6 United States Code (as amended by subsection 

7 (a)(1)), is amended by adding at the end the fol8 lowing: 

9 ‘‘§ 104910. Intellectual property 

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

11 ‘‘(1) SERVICE EMBLEM.— 

12 ‘‘(A) IN GENERAL.—The term ‘Service em13 blem’ means any word, phrase, insignia, logo, 

14 logotype, trademark, service mark, symbol, de15 sign, graphic, image, color, badge, uniform, or 

16 any combination of emblems used to identify 

17 the Service or a component of the System. 

18 ‘‘(B) INCLUSIONS.—The term ‘Service em19 blem’ includes— 

20 ‘‘(i) the Service name; 

21 ‘‘(ii) an official System unit name; 

22 ‘‘(iii) any other name used to identify 

23 a Service component or program; and 

24 ‘‘(iv) the Arrowhead symbol. 
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1 ‘‘(2) SERVICE UNIFORM.—The term ‘Service 

2 uniform’ means any combination of apparel, acces3 sories, or emblems, any distinctive clothing or other 

4 items of dress, or a representation of dress— 

5 ‘‘(A) that is worn during the performance 

6 of official duties; and 

7 ‘‘(B) that identifies the wearer as a Service 

8 employee. 

9 ‘‘(b) PROHIBITED ACTS.—No person shall, without 

10 the written permission of the Secretary— 

11 ‘‘(1) use any Service emblem or uniform, or any 

12 word, term, name, symbol or device or any combina13 tion of emblems to suggest any colorable likeness of 

14 the Service emblem or Service uniform in connection 

15 with goods or services in commerce if the use is like16 ly to cause confusion, or to deceive the public into 

17 believing that the emblem or uniform is from or con18 nected with the Service; 

19 ‘‘(2) use any Service emblem or Service uniform 

20 or any word, term, name, symbol, device, or any 

21 combination of emblems or uniforms to suggest any 

22 likeness of the Service emblem or Service uniform in 

23 connection with goods or services in commerce in a 

24 manner reasonably calculated to convey the impres-
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1 sion to the public that the goods or services are ap2 proved, endorsed, or authorized by the Service; 

3 ‘‘(3) use in commerce any word, term, name, 

4 symbol, device or any combination of words, terms, 

5 names, symbols, or devices to suggest any likeness of 

6 the Service emblem or Service uniform in a manner 

7 that is reasonably calculated to convey the impres8 sion that the wearer of the item of apparel is acting 

9 pursuant to the legal authority of the Service; or 

10 ‘‘(4) knowingly make any false statement for 

11 the purpose of obtaining permission to use any Serv12 ice emblem or Service uniform.’’. 

13 (2) CLERICAL AMENDMENT.—The table of sec14 tions affected for title 54, United States Code, is 

15 amended by inserting after the item relating to sec16 tion 104908 (as added by subsection (a)(2)) the fol17 lowing: 

‘‘§104910. Intellectual property.’’. 

18 (d) NATIONAL PARK SERVICE EDUCATION AND IN19 TERPRETATION.— 

20 (1) IN GENERAL.—Division A of subtitle I of 

21 title 54, United States Code, is amended by insert22 ing after chapter 1007 the following: 

23 ‘‘CHAPTER 1008—EDUCATION AND 

24 INTERPRETATION 

‘‘CHAPTER 1008—EDUCATION AND INTERPRETATION
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‘‘Sec. 

‘‘100801. Definitions. 

‘‘100802. Interpretation and education authority. 

‘‘100803. Interpretation and education evaluation and quality improvement. 

‘‘100804. Improved utilization of partners and volunteers in interpretation and 

education. 

1 ‘‘§ 100801. Definitions 

2 ‘‘In this chapter: 

3 ‘‘(1) EDUCATION.—The term ‘education’ means 

4 enhancing public awareness, understanding, and ap5 preciation of the resources of the System through 

6 learner-centered, place-based materials, programs, 

7 and activities that achieve specific learning objectives 

8 as identified in a curriculum. 

9 ‘‘(2) INTERPRETATION.—The term ‘interpreta10 tion’ means— 

11 ‘‘(A) providing opportunities for people to 

12 form intellectual and emotional connections to 

13 gain awareness, appreciation, and under14 standing of the resources of the System; and 

15 ‘‘(B) the professional career field of Serv16 ice employees, volunteers, and partners who in17 terpret the resources of the System. 

18 ‘‘(3) RELATED AREA.—The term ‘related area’ 

19 means— 

20 ‘‘(A) a component of the National Trails 

21 System; 

22 ‘‘(B) a National Heritage Area; and 
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1 ‘‘(C) an affiliated area administered in 

2 connection with the System. 

3 ‘‘§ 100802. Interpretation and education authority 

4 ‘‘The Secretary shall ensure that management of Sys5 tem units and related areas is enhanced by the availability 

6 and utilization of a broad program of the highest quality 

7 interpretation and education. 

8 ‘‘§ 100803. Interpretation and education evaluation 

9 and quality improvement 

10 ‘‘The Secretary may undertake a program of regular 

11 evaluation of interpretation and education programs to en12 sure that the programs— 

13 ‘‘(1) adjust to the ways in which people learn 

14 and engage with the natural world and shared herit15 age as embodied in the System; 

16 ‘‘(2) reflect different cultural backgrounds, 

17 ages, education, gender, abilities, ethnicity, and 

18 needs; 

19 ‘‘(3) demonstrate innovative approaches to 

20 management and appropriately incorporate emerging 

21 learning and communications technology; and 

22 ‘‘(4) reflect current scientific and academic re23 search, content, methods, and audience analysis. 
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1 ‘‘§ 100804. Improved utilization of partners and vol2 unteers in interpretation and education 

3 ‘‘The Secretary may— 

4 ‘‘(1) coordinate with System unit partners and 

5 volunteers in the delivery of quality programs and 

6 services to supplement the programs and services 

7 provided by the Service as part of a Long-Range In8 terpretive Plan for a System unit; 

9 ‘‘(2) support interpretive partners by providing 

10 opportunities to participate in interpretive training; 

11 and 

12 ‘‘(3) collaborate with other Federal and non13 Federal public or private agencies, organizations, or 

14 institutions for the purposes of developing, pro15 moting, and making available educational opportuni16 ties related to resources of the System and pro17 grams.’’. 

18 (2) CLERICAL AMENDMENT.—The table of 

19 chapters for division A of subtitle I of title 54, 

20 United States Code, is amended by inserting after 

21 the item relating to chapter 1007 the following: 

‘‘1008. Education and Interpretation .....................................................100801’’. 

22 (e) PUBLIC LAND CORPS AMENDMENTS.— 

23 (1) DEFINITIONS.—Section 203(10)(A) of the 

24 Public Lands Corps Act of 1993 (16 U.S.C. 
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1 1722(10)(A)) is amended by striking ‘‘25’’ and in2 serting ‘‘30’’. 

3 (2) PARTICIPANTS.—Section 204(b) of the Pub4 lic Lands Corps Act of 1993 (16 U.S.C. 1723(b)) is 

5 amended in the first sentence by striking ‘‘25’’ and 

6 inserting ‘‘30’’. 

7 (3) HIRING.—Section 207(c)(2) of the Public 

8 Lands Corps Act of 1993 (16 U.S.C., 1726(c)(2)) is 

9 amended by striking ‘‘120 days’’ and inserting ‘‘2 

10 years’’. 

11 (f) NATIONAL PARK FOUNDATION.—Subchapter II 

12 of chapter 1011 of title 54, United States Code, is amend13 ed— 

14 (1) in section 101112— 

15 (A) by striking subsection (a) and insert16 ing the following: 

17 ‘‘(a) MEMBERSHIP.—The National Park Foundation 

18 shall consist of a Board having as members at least 6 pri19 vate citizens of the United States appointed by the Sec20 retary, with the Secretary and the Director serving as ex 

21 officio members of the Board.’’; and 

22 (B) by striking subsection (c) and insert23 ing the following: 

24 ‘‘(c) CHAIRMAN.— 
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1 ‘‘(1) SELECTION.—The Board shall select a 

2 Chairman of the Board from among the members of 

3 the Board. 

4 ‘‘(2) TERM.—The Chairman of the Board shall 

5 serve for a 2-year term.’’; and 

6 (2) in section 101113(a)— 

7 SEC. 4413. PROGRAM TO REDUCE THE POTENTIAL IMPACTS 

8 OF SOLAR ENERGY FACILITIES ON CERTAIN 

9 SPECIES. 

10 In carrying out a program of the Department relating 

11 to solar energy or the conduct of solar energy projects 

12 using funds provided by the Department, the Secretary 

13 shall establish a program to undertake research that— 

14 (1) identifies baseline avian populations and 

15 mortality; and 

16 (2) quantifies the impacts of solar energy 

17 projects on birds, as compared to other threats to 

18 birds. 

19 SEC. 4414. WILD HORSES IN AND AROUND THE CURRITUCK 

20 NATIONAL WILDLIFE REFUGE. 

21 (a) GENETIC DIVERSITY.—The Secretary of the Inte22 rior (referred to in this section as the ‘‘Secretary’’), in con23 sultation with the North Carolina Department of Environ24 ment and Natural Resources, Currituck County, North 

25 Carolina, and the Corolla Wild Horse Fund, shall allow 
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1 for the introduction of a small number of free-roaming 

2 wild horses from the Cape Lookout National Seashore as 

3 necessary to ensure the genetic diversity and viability of 

4 the wild horse population currently found in and around 

5 the Currituck National Wildlife Refuge, consistent with— 

6 (1) the laws (including regulations) applicable 

7 to the Currituck National Wildlife Refuge and the 

8 Cape Lookout National Seashore; and 

9 (2) the December 2014 Wild Horse Manage10 ment Agreement approved by the United States Fish 

11 and Wildlife Service, the North Carolina Depart12 ment of Environment and Natural Resources, 

13 Currituck County, North Carolina, and the Corolla 

14 Wild Horse Fund. 

15 (b) AGREEMENT.— 

16 (1) IN GENERAL.—The Secretary may enter 

17 into an agreement with the Corolla Wild Horse 

18 Fund to provide for the cost-effective management 

19 of the horses in and around the Currituck National 

20 Wildlife Refuge while ensuring that natural re21 sources within the Currituck National Wildlife Ref22 uge are not adversely impacted. 

23 (2) REQUIREMENTS.—The agreement entered 

24 into under paragraph (1) shall specify that the Co-
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1 rolla Wild Horse Fund shall pay the costs associated 

2 with— 

3 (A) coordinating and conducting a periodic 

4 census, and inspecting the health, of the horses; 

5 (B) maintaining records of the horses liv6 ing in the wild and in confinement; 

7 (C) coordinating and conducting the re8 moval and placement of horses and monitoring 

9 of any horses removed from the Currituck 

10 County Outer Banks; and 

11 (D) administering a viable population con12 trol plan for the horses, including auctions, 

13 adoptions, contraceptive fertility methods, and 

14 other viable options. 

15 Subtitle F—Markets 

16 SEC. 4501. ENHANCED INFORMATION ON CRITICAL ENERGY 

17 SUPPLIES. 

18 (a) IN GENERAL.—Section 205 of the Department of 

19 Energy Organization Act (42 U.S.C. 7135) is amended 

20 by adding at the end the following: 

21 ‘‘(n) COLLECTION OF INFORMATION ON CRITICAL

22 ENERGY SUPPLIES.— 

23 ‘‘(1) IN GENERAL.—To ensure transparency of 

24 information relating to energy infrastructure and 

25 product ownership in the United States and improve 
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1 the ability to evaluate the energy security of the 

2 United States, the Administrator, in consultation 

3 with other Federal agencies (as necessary), shall— 

4 ‘‘(A) not later than 120 days after the date 

5 of enactment of this subsection, develop and 

6 provide notice of a plan to collect, in coopera7 tion with the Commodity Futures Trade Com8 mission, information identifying all oil inven9 tories, and other physical oil assets (including 

10 all petroleum-based products and the storage of 

11 such products in off-shore tankers), that are 

12 owned by the 50 largest traders of oil contracts 

13 (including derivative contracts), as determined 

14 by the Commodity Futures Trade Commission; 

15 and 

16 ‘‘(B) not later than 90 days after the date 

17 on which notice is provided under subparagraph 

18 (A), implement the plan described in that sub19 paragraph. 

20 ‘‘(2) INFORMATION.—The plan required under 

21 paragraph (1) shall include a description of the plan 

22 of the Administrator for collecting company-specific 

23 data, including— 

24 ‘‘(A) volumes of product under ownership; 

25 and 
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1 ‘‘(B) storage and transportation capacity 

2 (including owned and leased capacity). 

3 ‘‘(3) PROTECTION OF PROPRIETARY INFORMA4 TION.—Section 12(f) of the Federal Energy Admin5 istration Act of 1974 (15 U.S.C. 771(f)) shall apply 

6 to information collected under this subsection. 

7 ‘‘(o) COLLECTION OF INFORMATION ON STORAGE

8 CAPACITY FOR OIL AND NATURAL GAS.— 

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

10 after the date of enactment of this subsection, the 

11 Administrator of the Energy Information Adminis12 tration shall collect information quantifying the com13 mercial storage capacity for oil and natural gas in 

14 the United States. 

15 ‘‘(2) UPDATES.—The Administrator shall up16 date annually the information required under para17 graph (1). 

18 ‘‘(3) PROTECTION OF PROPRIETARY INFORMA19 TION.—Section 12(f) of the Federal Energy Admin20 istration Act of 1974 (15 U.S.C. 771(f)) shall apply 

21 to information collected under this subsection. 

22 ‘‘(p) FINANCIAL MARKET ANALYSIS OFFICE.— 

23 ‘‘(1) ESTABLISHMENT.—There shall be within 

24 the Energy Information Administration a Financial 

25 Market Analysis Office. 
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1 ‘‘(2) DUTIES.—The Office shall— 

2 ‘‘(A) be responsible for analysis of the fi3 nancial aspects of energy markets; 

4 ‘‘(B) review the reports required by section 

5 4503(c) of the Energy Policy Modernization Act 

6 of 2016 in advance of the submission of the re7 ports to Congress; and 

8 ‘‘(C) not later than 1 year after the date 

9 of enactment of this subsection— 

10 ‘‘(i) make recommendations to the 

11 Administrator of the Energy Information 

12 Administration that identify and quantify 

13 any additional resources that are required 

14 to improve the ability of the Energy Infor15 mation Administration to more fully inte16 grate financial market information into the 

17 analyses and forecasts of the Energy Infor18 mation Administration, including the role 

19 of energy futures contracts, energy com20 modity swaps, and derivatives in price for21 mation for oil; 

22 ‘‘(ii) conduct a review of implications 

23 of policy changes (including changes in ex24 port or import policies) and changes in 

25 how crude oil and refined petroleum prod-
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1 ucts are transported with respect to price 

2 formation of crude oil and refined petro3 leum products; and 

4 ‘‘(iii) notify the Committee on Energy 

5 and Natural Resources, and the Committee 

6 on Appropriations, of the Senate and the 

7 Committee on Energy and Commerce, and 

8 the Committee on Appropriations, of the 

9 House of Representatives of the rec10 ommendations described in clause (i). 

11 ‘‘(3) ANALYSES.—The Administrator of the En12 ergy Information Administration shall take analyses 

13 by the Office into account in conducting analyses 

14 and forecasting of energy prices.’’. 

15 (b) CONFORMING AMENDMENT.—Section 645 of the 

16 Department of Energy Organization Act (42 U.S.C. 7255) 

17 is amended by inserting ‘‘(15 U.S.C. 3301 et seq.) and 

18 the Natural Gas Act (15 U.S.C. 717 et seq.)’’ after ‘‘Nat19 ural Gas Policy Act of 1978’’. 

20 SEC. 4502. WORKING GROUP ON ENERGY MARKETS. 

21 (a) ESTABLISHMENT.—There is established a Work22 ing Group on Energy Markets (referred to in this section 

23 as the ‘‘Working Group’’). 

24 (b) COMPOSITION.—The Working Group shall be 

25 composed of— 
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1 (1) the Secretary; 

2 (2) the Secretary of the Treasury; 

3 (3) the Chairman of the Federal Energy Regu4 latory Commission; 

5 (4) the Chairman of Federal Trade Commis6 sion; 

7 (5) the Chairman of the Securities and Ex8 change Commission; 

9 (6) the Chairman of the Commodity Futures 

10 Trading Commission; and 

11 (7) the Administrator of the Energy Informa12 tion Administration. 

13 (c) CHAIRPERSON.—The Secretary shall serve as the 

14 Chairperson of the Working Group. 

15 (d) COMPENSATION.—A member of the Working 

16 Group shall serve without additional compensation for the 

17 work of the member of the Working Group. 

18 (e) PURPOSE AND FUNCTION.—The Working Group 

19 shall— 

20 (1) investigate the effect of increased financial 

21 investment in energy commodities on energy prices 

22 and the energy security of the United States; 

23 (2) recommend to the President and Congress 

24 laws (including regulations) that may be needed to 

25 prevent excessive speculation in energy commodity 
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1 markets in order to prevent or minimize the adverse 

2 impact of excessive speculation on energy prices on 

3 consumers and the economy of the United States; 

4 and 

5 (3) review energy security implications of devel6 opments in international energy markets. 

7 (f) ADMINISTRATION.—The Secretary shall provide 

8 the Working Group with such administrative and support 

9 services as may be necessary for the performance of the 

10 functions of the Working Group. 

11 (g) COOPERATION OF OTHER AGENCIES.—The heads 

12 of Executive departments, agencies, and independent in13 strumentalities shall, to the extent permitted by law, pro14 vide the Working Group with such information as the 

15 Working Group requires to carry out this section. 

16 (h) CONSULTATION.—The Working Group shall con17 sult, as appropriate, with representatives of the various 

18 exchanges, clearinghouses, self-regulatory bodies, other 

19 major market participants, consumers, and the general 

20 public. 

21 SEC. 4503. STUDY OF REGULATORY FRAMEWORK FOR EN22 ERGY MARKETS. 

23 (a) STUDY.—The Working Group shall conduct a 

24 study— 
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1 (1) to identify the factors that affect the pricing 

2 of crude oil and refined petroleum products, includ3 ing an examination of the effects of market specula4 tion on prices; and 

5 (2) to review and assess— 

6 (A) existing statutory authorities relating 

7 to the oversight and regulation of markets crit8 ical to the energy security of the United States; 

9 and 

10 (B) the need for additional statutory au11 thority for the Federal Government to effec12 tively oversee and regulate markets critical to 

13 the energy security of the United States. 

14 (b) ELEMENTS OF STUDY.—The study shall in15 clude— 

16 (1) an examination of price formation of crude 

17 oil and refined petroleum products; 

18 (2) an examination of relevant international 

19 regulatory regimes; and 

20 (3) an examination of the degree to which 

21 changes in energy market transparency, liquidity, 

22 and structure have influenced or driven abuse, ma23 nipulation, excessive speculation, or inefficient price 

24 formation. 
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1 (c) REPORT AND RECOMMENDATIONS.—The Sec2 retary shall submit to the Committee on Energy and Nat3 ural Resources of the Senate and the Committee on En4 ergy and Commerce of the House of Representatives quar5 terly progress reports during the conduct of the study 

6 under this section, and a final report not later than 1 year 

7 after the date of enactment of this Act, that— 

8 (1) describes the results of the study; and 

9 (2) provides options and the recommendations 

10 of the Working Group for appropriate Federal co11 ordination of oversight and regulatory actions to en12 sure transparency of crude oil and refined petroleum 

13 product pricing and the elimination of excessive 

14 speculation, including recommendations on data col15 lection and analysis to be carried out by the Finan16 cial Market Analysis Office established by section 

17 205(p) of the Department of Energy Organization 

18 Act (42 U.S.C. 7135(p)). 

19 Subtitle G—Affordability 

20 SEC. 4601. E-PRIZE COMPETITION PILOT PROGRAM. 

21 Section 1008 of the Energy Policy Act of 2005 (42 

22 U.S.C. 16396) is amended by adding at the end the fol23 lowing: 

24 ‘‘(g) E-PRIZE COMPETITION PILOT PROGRAM.— 

25 ‘‘(1) DEFINITIONS.—In this section: 
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1 ‘‘(A) ELIGIBLE ENTITY.—The term ‘eligi2 ble entity’ means— 

3 ‘‘(i) a private sector for-profit or non4 profit entity; 

5 ‘‘(ii) a public-private partnership; or 

6 ‘‘(iii) a local, municipal, or tribal gov7 ernmental entity. 

8 ‘‘(B) HIGH-COST REGION.—The term 

9 ‘high-cost region’ means a region in which the 

10 average annual unsubsidized costs of electrical 

11 power retail rates or household space heating 

12 costs per square foot exceed 150 percent of the 

13 national average, as determined by the Sec14 retary. 

15 ‘‘(2) E-PRIZE COMPETITION PILOT PROGRAM.— 

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

17 establish an e-prize competition or challenge 

18 pilot program to broadly implement sustainable 

19 community and regional energy solutions that 

20 seek to reduce energy costs through increased 

21 efficiency, conservation, and technology innova22 tion in high-cost regions. 

23 ‘‘(B) SELECTION.—In carrying out the 

24 pilot program under subparagraph (A), the Sec25 retary shall award a prize purse, in amounts to 
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1 be determined by the Secretary, to each eligible 

2 entity selected through 1 or more of the fol3 lowing competitions or challenges: 

4 ‘‘(i) A point solution competition that 

5 rewards and spurs the development of solu6 tions for a particular, well-defined problem. 

7 ‘‘(ii) An exposition competition that 

8 helps identify and promote a broad range 

9 of ideas and practices that may not other10 wise attract attention, facilitating further 

11 development of the idea or practice by 

12 third parties. 

13 ‘‘(iii) A participation competition that 

14 creates value during and after the competi15 tion by encouraging contestants to change 

16 their behavior or develop new skills that 

17 may have beneficial effects during and 

18 after the competition. 

19 ‘‘(iv) Such other types of prizes or 

20 challenges as the Secretary, in consultation 

21 with relevant heads of Federal agencies, 

22 considers appropriate to stimulate innova23 tion that has the potential to advance the 

24 mission of the applicable Federal agency. 
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1 ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.— 

2 There is authorized to be appropriated to carry out 

3 this subsection $10,000,000, to remain available 

4 until expended.’’. 

5 SEC. 4602. CARBON DIOXIDE CAPTURE TECHNOLOGY 

6 PRIZE. 

7 Section 1008 of the Energy Policy Act of 2005 (42 

8 U.S.C. 16396) (as amended by section 4601) is amended 

9 by adding at the end the following: 

10 ‘‘(h) CARBON DIOXIDE CAPTURE TECHNOLOGY

11 PRIZE.— 

12 ‘‘(1) DEFINITIONS.—In this subsection: 

13 ‘‘(A) BOARD.—The term ‘Board’ means 

14 the Carbon Dioxide Capture Technology Advi15 sory Board established by paragraph (6). 

16 ‘‘(B) DILUTE.—The term ‘dilute’ means a 

17 concentration of less than 1 percent by volume. 

18 ‘‘(C) INTELLECTUAL PROPERTY.—The 

19 term ‘intellectual property’ means— 

20 ‘‘(i) an invention that is patentable 

21 under title 35, United States Code; and 

22 ‘‘(ii) any patent on an invention de23 scribed in clause (i). 
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1 ‘‘(D) SECRETARY.—The term ‘Secretary’ 

2 means the Secretary of Energy or designee, in 

3 consultation with the Board. 

4 ‘‘(2) AUTHORITY.—Not later than 1 year after 

5 the date of enactment of this subsection, as part of 

6 the program carried out under this section, the Sec7 retary shall establish and award competitive tech8 nology financial awards for carbon dioxide capture 

9 from media in which the concentration of carbon di10 oxide is dilute. 

11 ‘‘(3) DUTIES.—In carrying out this subsection, 

12 the Secretary shall— 

13 ‘‘(A) subject to paragraph (4), develop spe14 cific requirements for— 

15 ‘‘(i) the competition process; 

16 ‘‘(ii) minimum performance standards 

17 for qualifying projects; and 

18 ‘‘(iii) monitoring and verification pro19 cedures for approved projects; 

20 ‘‘(B) establish minimum levels for the cap21 ture of carbon dioxide from a dilute medium 

22 that are required to be achieved to qualify for 

23 a financial award described in subparagraph 

24 (C); 

25 ‘‘(C) offer financial awards for— 
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1 ‘‘(i) a design for a promising capture 

2 technology; 

3 ‘‘(ii) a successful bench-scale dem4 onstration of a capture technology; 

5 ‘‘(iii) a design for a technology de6 scribed in clause (i) that will— 

7 ‘‘(I) be operated on a demonstra8 tion scale; and 

9 ‘‘(II) achieve significant reduc10 tion in the level of carbon dioxide; and 

11 ‘‘(iv) an operational capture tech12 nology on a commercial scale that meets 

13 the minimum levels described in subpara14 graph (B); and 

15 ‘‘(D) submit to Congress— 

16 ‘‘(i) an annual report that describes 

17 the progress made by the Board and re18 cipients of financial awards under this sub19 section in achieving the demonstration 

20 goals established under subparagraph (C); 

21 and 

22 ‘‘(ii) not later than 1 year after the 

23 date of enactment of this subsection, a re24 port on the adequacy of authorized funding 

25 levels in this subsection. 
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1 ‘‘(4) PUBLIC PARTICIPATION.—In carrying out 

2 paragraph (3)(A), the Board shall— 

3 ‘‘(A) provide notice of and, for a period of 

4 at least 60 days, an opportunity for public com5 ment on, any draft or proposed version of the 

6 requirements described in paragraph (3)(A); 

7 and 

8 ‘‘(B) take into account public comments 

9 received in developing the final version of those 

10 requirements. 

11 ‘‘(5) PEER REVIEW.—No financial awards may 

12 be provided under this subsection until the proposal 

13 for which the award is sought has been peer re14 viewed in accordance with such standards for peer 

15 review as are established by the Secretary. 

16 ‘‘(6) CARBON DIOXIDE CAPTURE TECHNOLOGY

17 ADVISORY BOARD.— 

18 ‘‘(A) ESTABLISHMENT.—There is estab19 lished an advisory board to be known as the 

20 ‘Carbon Dioxide Capture Technology Advisory 

21 Board’. 

22 ‘‘(B) COMPOSITION.—The Board shall be 

23 composed of 9 members appointed by the Presi24 dent, who shall provide expertise in— 

25 ‘‘(i) climate science; 
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1 ‘‘(ii) physics; 

2 ‘‘(iii) chemistry; 

3 ‘‘(iv) biology; 

4 ‘‘(v) engineering; 

5 ‘‘(vi) economics; 

6 ‘‘(vii) business management; and 

7 ‘‘(viii) such other disciplines as the 

8 Secretary determines to be necessary to 

9 achieve the purposes of this subsection. 

10 ‘‘(C) TERM; VACANCIES.— 

11 ‘‘(i) TERM.—A member of the Board 

12 shall serve for a term of 6 years. 

13 ‘‘(ii) VACANCIES.—A vacancy on the 

14 Board— 

15 ‘‘(I) shall not affect the powers of 

16 the Board; and 

17 ‘‘(II) shall be filled in the same 

18 manner as the original appointment 

19 was made. 

20 ‘‘(D) INITIAL MEETING.—Not later than 

21 30 days after the date on which all members of 

22 the Board have been appointed, the Board shall 

23 hold the initial meeting of the Board. 

24 ‘‘(E) MEETINGS.—The Board shall meet 

25 at the call of the Chairperson. 
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1 ‘‘(F) QUORUM.—A majority of the mem2 bers of the Board shall constitute a quorum, 

3 but a lesser number of members may hold hear4 ings. 

5 ‘‘(G) CHAIRPERSON AND VICE CHAIR6 PERSON.—The Board shall select a Chairperson 

7 and Vice Chairperson from among the members 

8 of the Board. 

9 ‘‘(H) COMPENSATION.—Each member of 

10 the Board may be compensated at not to exceed 

11 the daily equivalent of the annual rate of basic 

12 pay in effect for a position at level V of the Ex13 ecutive Schedule for each day during which the 

14 member is engaged in the actual performance of 

15 the duties of the Board. 

16 ‘‘(I) DUTIES.—The Board shall advise the 

17 Secretary on carrying out the duties of the Sec18 retary under this subsection. 

19 ‘‘(7) INTELLECTUAL PROPERTY.— 

20 ‘‘(A) IN GENERAL.—As a condition of re21 ceiving a financial award under this subsection, 

22 an applicant shall agree to vest the intellectual 

23 property of the applicant derived from the tech24 nology in 1 or more entities that are incor25 porated in the United States. 
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1 ‘‘(B) RESERVATION OF LICENSE.—The 

2 United States— 

3 ‘‘(i) may reserve a nonexclusive, non4 transferable, irrevocable, paid-up license, 

5 to have practiced for or on behalf of the 

6 United States, in connection with any in7 tellectual property described in subpara8 graph (A); but 

9 ‘‘(ii) shall not, in the exercise of a li10 cense reserved under clause (i), publicly 

11 disclose proprietary information relating to 

12 the license. 

13 ‘‘(C) TRANSFER OF TITLE.—Title to any 

14 intellectual property described in subparagraph 

15 (A) shall not be transferred or passed, except to 

16 an entity that is incorporated in the United 

17 States, until the expiration of the first patent 

18 obtained in connection with the intellectual 

19 property. 

20 ‘‘(8) AUTHORIZATION OF APPROPRIATIONS.— 

21 There are authorized to be appropriated to carry out 

22 this subsection $50,000,000, to remain available 

23 until expended. 
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1 ‘‘(9) TERMINATION OF AUTHORITY.—The 

2 Board and all authority provided under this sub3 section shall terminate on December 31, 2026.’’. 

4 Subtitle H—Code Maintenance 

5 SEC. 4701. REPEAL OF OFF-HIGHWAY MOTOR VEHICLES 

6 STUDY. 

7 (a) REPEAL.—Part I of title III of the Energy Policy 

8 and Conservation Act (42 U.S.C. 6373) is repealed. 

9 (b) CONFORMING AMENDMENT.—The table of con10 tents for the Energy Policy and Conservation Act (Public 

11 Law 94–163; 89 Stat. 871) is amended— 

12 (1) by striking the item relating to part I of 

13 title III; and 

14 (2) by striking the item relating to section 385. 

15 SEC. 4702. REPEAL OF METHANOL STUDY. 

16 Section 400EE of the Energy Policy and Conserva17 tion Act (42 U.S.C. 6374d) is amended— 

18 (1) by striking subsection (a); and 

19 (2) by redesignating subsections (b) and (c) as 

20 subsections (a) and (b), respectively. 

21 SEC. 4703. REPEAL OF AUTHORIZATION OF APPROPRIA22 TIONS PROVISION. 

23 (a) REPEAL.—Section 208 of the Energy Conserva24 tion and Production Act (42 U.S.C. 6808) is repealed. 
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1 (b) CONFORMING AMENDMENT.—The table of con2 tents for the Energy Conservation and Production Act 

3 (Public Law 94–385; 90 Stat. 1126) is amended by strik4 ing the item relating to section 208. 

5 SEC. 4704. REPEAL OF RESIDENTIAL ENERGY EFFICIENCY 

6 STANDARDS STUDY. 

7 (a) REPEAL.—Section 253 of the National Energy 

8 Conservation Policy Act (42 U.S.C. 8232) is repealed. 

9 (b) CONFORMING AMENDMENT.—The table of con10 tents for the National Energy Conservation Policy Act 

11 (Public Law 95–619; 92 Stat. 3206) is amended by strik12 ing the item relating to section 253. 

13 SEC. 4705. REPEAL OF WEATHERIZATION STUDY. 

14 (a) REPEAL.—Section 254 of the National Energy 

15 Conservation Policy Act (42 U.S.C. 8233) is repealed. 

16 (b) CONFORMING AMENDMENT.—The table of con17 tents for the National Energy Conservation Policy Act 

18 (Public Law 95–619; 92 Stat. 3206) is amended by strik19 ing the item relating to section 254. 

20 SEC. 4706. REPEAL OF REPORT TO CONGRESS. 

21 (a) REPEAL.—Section 273 of the National Energy 

22 Conservation Policy Act (42 U.S.C. 8236b) is repealed. 

23 (b) CONFORMING AMENDMENT.—The table of con24 tents for the National Energy Conservation Policy Act 
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1 (Public Law 95–619; 92 Stat. 3206) is amended by strik2 ing the item relating to section 273. 

3 SEC. 4707. REPEAL OF REPORT BY GENERAL SERVICES AD4 MINISTRATION. 

5 (a) REPEAL.—Section 154 of the Energy Policy Act 

6 of 1992 (42 U.S.C. 8262a) 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 

11 154. 

12 (2) Section 159 of the Energy Policy Act of 

13 1992 (42 U.S.C. 8262e) is amended by striking sub14 section (c). 

15 SEC. 4708. REPEAL OF INTERGOVERNMENTAL ENERGY 

16 MANAGEMENT PLANNING AND COORDINA17 TION WORKSHOPS. 

18 (a) REPEAL.—Section 156 of the Energy Policy Act 

19 of 1992 (42 U.S.C. 8262b) is repealed. 

20 (b) CONFORMING AMENDMENT.—The table of con21 tents for the Energy Policy Act of 1992 (Public Law 102– 

22 486; 106 Stat. 2776) is amended by striking the item re23 lating to section 156. 
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1 SEC. 4709. 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. 4710. 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. 4711. 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. 4712. 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. 4713. 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. 4714. 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. 4715. 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. 4716. 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. 4717. 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. 4718. 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. 4719. 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. 4720. 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. 4721. 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 2016 through 

11 2020, 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. 4722. 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. 4723. 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. 4724. 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. 4725. 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. 4726. 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. 4727. 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. 4728. 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. 4729. 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. 4730. 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. 4731. 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. 4732. 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. 4733. 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. 4734. 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. 4735. 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. 4736. 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. 4737. 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 

25 the Advisory Board established under sec-
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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. 4738. 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. 4739. 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. 4740. MODERNIZATION OF TERMS RELATING TO MI17 NORITIES. 

18 (a) OFFICE OF MINORITY ECONOMIC IMPACT.—Sec19 tion 211(f)(1) of the Department of Energy Organization 

20 Act (42 U.S.C. 7141(f)(1)) is amended by striking ‘‘a 

21 Negro, Puerto Rican, American Indian, Eskimo, Oriental, 

22 or Aleut or is a Spanish speaking individual of Spanish 

23 descent’’ and inserting ‘‘Asian American, Native Hawai24 ian, a Pacific Islander, African-American, Hispanic, Puer25 to Rican, Native American, or an Alaska Native’’. 
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1 (b) MINORITY BUSINESS ENTERPRISES.—Section 

2 106(f)(2) of the Local Public Works Capital Development 

3 and Investment Act of 1976 (42 U.S.C. 6705(f)(2)) is 

4 amended in the third sentence by striking ‘‘Negroes, 

5 Spanish-speaking, Orientals, Indians, Eskimos, and 

6 Aleuts’’ and inserting ‘‘Asian American, Native Hawaiian, 

7 Pacific Islanders, African-American, Hispanic, Native 

8 American, or Alaska Natives’’. 

9 TITLE V—CONSERVATION 

10 REAUTHORIZATION 

11 SEC. 5001. 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 

25 fiscal year, there shall be deposited in the Fund, from rev-
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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. 5002. 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 ‘‘(a) In 

17 General.—There’’; and 

18 (2) by striking the second sentence and insert19 ing the following: 

20 ‘‘(b) ALLOCATION.—Of the appropriations from the 

21 Fund— 

22 ‘‘(1) not less than 40 percent shall be used col23 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 acqui-
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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. 5003. HISTORIC PRESERVATION FUND. 

20 Section 303102 of title 54, United States Code, is 

21 amended by striking ‘‘of fiscal years 2012 to 2015’’ and 

22 inserting ‘‘fiscal year’’. 
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1 SEC. 5004. 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 of the Interior 

5 shall establish a conservation incentives landowner edu6 cation program (referred to in this section as the ‘‘pro7 gram’’). 

8 (b) PURPOSE OF PROGRAM.—The program shall pro9 vide information on Federal conservation programs avail10 able to landowners interested in undertaking conservation 

11 actions on the land of the landowners, including options 

12 under each conservation program available to achieve the 

13 conservation goals of the program, such as— 

14 (1) fee title land acquisition; 

15 (2) donation; and 

16 (3) perpetual and term conservation easements 

17 or agreements. 

18 (c) AVAILABILITY.—The Secretary of the Interior 

19 shall ensure that the information provided under the pro20 gram is made available to— 

21 (1) interested landowners; and 

22 (2) the public. 

23 (d) NOTIFICATION.—In any case in which the Sec24 retary of the Interior contacts a landowner directly about 

25 participation in a Federal conservation program, the Sec26 retary shall, in writing— 
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1 (1) notify the landowner of the program; and 

2 (2) make available information on the conserva3 tion program options that may be available to the 

4 landowner. 

5 TITLE VI—INDIAN TRIBAL EN6 ERGY DEVELOPMENT AND 

7 SELF-DETERMINATION 

8 SECTION 6001. SHORT TITLE. 

9 This title may be cited as the ‘‘Indian Tribal Energy 

10 Development and Self-Determination Act Amendments of 

11 2016’’. 

12 Subtitle A—Indian Tribal Energy 

13 Development and Self-deter14 mination Act Amendments 

15 SEC. 6011. INDIAN TRIBAL ENERGY RESOURCE DEVELOP16 MENT. 

17 (a) IN GENERAL.—Section 2602(a) of the Energy 

18 Policy Act of 1992 (25 U.S.C. 3502(a)) is amended— 

19 (1) in paragraph (2)— 

20 (A) in subparagraph (C), by striking 

21 ‘‘and’’ after the semicolon; 

22 (B) in subparagraph (D), by striking the 

23 period at the end and inserting ‘‘; and’’; and 

24 (C) by adding at the end the following: 
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1 ‘‘(E) consult with each applicable Indian 

2 tribe before adopting or approving a well spac3 ing program or plan applicable to the energy re4 sources of that Indian tribe or the members of 

5 that Indian tribe.’’; and 

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

7 ‘‘(4) PLANNING.— 

8 ‘‘(A) IN GENERAL.—In carrying out the 

9 program established by paragraph (1), the Sec10 retary shall provide technical assistance to in11 terested Indian tribes to develop energy plans, 

12 including— 

13 ‘‘(i) plans for electrification; 

14 ‘‘(ii) plans for oil and gas permitting, 

15 renewable energy permitting, energy effi16 ciency, electricity generation, transmission 

17 planning, water planning, and other plan18 ning relating to energy issues; 

19 ‘‘(iii) plans for the development of en20 ergy resources and to ensure the protection 

21 of natural, historic, and cultural resources; 

22 and 

23 ‘‘(iv) any other plans that would as24 sist an Indian tribe in the development or 

25 use of energy resources. 
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1 ‘‘(B) COOPERATION.—In establishing the 

2 program under paragraph (1), the Secretary 

3 shall work in cooperation with the Office of In4 dian Energy Policy and Programs of the De5 partment of Energy.’’. 

6 (b) DEPARTMENT OF ENERGY INDIAN ENERGY EDU7 CATION PLANNING AND MANAGEMENT ASSISTANCE PRO8 GRAM.—Section 2602(b)(2) of the Energy Policy Act of 

9 1992 (25 U.S.C. 3502(b)(2)) is amended— 

10 (1) in the matter preceding subparagraph (A), 

11 by inserting ‘‘, intertribal organization,’’ after ‘‘In12 dian tribe’’; 

13 (2) by redesignating subparagraphs (C) and 

14 (D) as subparagraphs (D) and (E), respectively; and 

15 (3) by inserting after subparagraph (B) the fol16 lowing: 

17 ‘‘(C) activities to increase the capacity of 

18 Indian tribes to manage energy development 

19 and energy efficiency programs;’’. 

20 (c) DEPARTMENT OF ENERGY LOAN GUARANTEE

21 PROGRAM.—Section 2602(c) of the Energy Policy Act of 

22 1992 (25 U.S.C. 3502(c)) is amended— 

23 (1) in paragraph (1), by inserting ‘‘or a tribal 

24 energy development organization’’ after ‘‘Indian 

25 tribe’’; 
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1 (2) in paragraph (3)— 

2 (A) in the matter preceding subparagraph 

3 (A), by striking ‘‘guarantee’’ and inserting 

4 ‘‘guaranteed’’; 

5 (B) in subparagraph (A), by striking ‘‘or’’; 

6 (C) in subparagraph (B), by striking the 

7 period at the end and inserting ‘‘; or’’; and 

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

9 ‘‘(C) a tribal energy development organiza10 tion, from funds of the tribal energy develop11 ment organization.’’; and 

12 (3) in paragraph (5), by striking ‘‘The Sec13 retary of Energy may’’ and inserting ‘‘Not later 

14 than 1 year after the date of enactment of the In15 dian Tribal Energy Development and Self-Deter16 mination Act Amendments of 2016, the Secretary of 

17 Energy shall’’. 

18 SEC. 6012. INDIAN TRIBAL ENERGY RESOURCE REGULA19 TION. 

20 Section 2603(c) of the Energy Policy Act of 1992 (25 

21 U.S.C. 3503(c)) is amended— 

22 (1) in paragraph (1), by striking ‘‘on the re23 quest of an Indian tribe, the Indian tribe’’ and in24 serting ‘‘on the request of an Indian tribe or a tribal 
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1 energy development organization, the Indian tribe or 

2 tribal energy development organization’’; and 

3 (2) in paragraph (2)(B), by inserting ‘‘or tribal 

4 energy development organization’’ after ‘‘Indian 

5 tribe’’. 

6 SEC. 6013. TRIBAL ENERGY RESOURCE AGREEMENTS. 

7 (a) AMENDMENT.—Section 2604 of the Energy Pol8 icy Act of 1992 (25 U.S.C. 3504) is amended— 

9 (1) in subsection (a)— 

10 (A) in paragraph (1)— 

11 (i) in subparagraph (A), by striking 

12 ‘‘or’’ after the semicolon at the end; 

13 (ii) in subparagraph (B)— 

14 (I) by striking clause (i) and in15 serting the following: 

16 ‘‘(i) an electric production, generation, 

17 transmission, or distribution facility (in18 cluding a facility that produces electricity 

19 from renewable energy resources) located 

20 on tribal land; or’’; and 

21 (II) in clause (ii)— 

22 (aa) by inserting ‘‘, at least 

23 a portion of which have been’’ 

24 after ‘‘energy resources’’; 
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1 (bb) by inserting ‘‘or pro2 duced from’’ after ‘‘developed 

3 on’’; and 

4 (cc) by striking ‘‘and’’ after 

5 the semicolon at the end and in6 serting ‘‘or’’; and 

7 (iii) by adding at the end the fol8 lowing: 

9 ‘‘(C) pooling, unitization, or 

10 communitization of the energy mineral re11 sources of the Indian tribe located on tribal 

12 land with any other energy mineral resource 

13 (including energy mineral resources owned by 

14 the Indian tribe or an individual Indian in fee, 

15 trust, or restricted status or by any other per16 sons or entities) if the owner, or, if appropriate, 

17 lessee, of the resources has consented or con18 sents to the pooling, unitization, or 

19 communitization of the other resources under 

20 any lease or agreement; and’’; and 

21 (B) by striking paragraph (2) and insert22 ing the following: 

23 ‘‘(2) a lease or business agreement described in 

24 paragraph (1) shall not require review by, or the ap25 proval of, the Secretary under section 2103 of the 
533 

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1 Revised Statutes (25 U.S.C. 81), or any other provi2 sion of law (including regulations), if the lease or 

3 business agreement— 

4 ‘‘(A) was executed— 

5 ‘‘(i) in accordance with the require6 ments of a tribal energy resource agree7 ment in effect under subsection (e) (includ8 ing the periodic review and evaluation of 

9 the activities of the Indian tribe under the 

10 agreement, to be conducted pursuant to 

11 subparagraphs (D) and (E) of subsection 

12 (e)(2)); or 

13 ‘‘(ii) by the Indian tribe and a tribal 

14 energy development organization for which 

15 the Indian tribe has obtained a certifi16 cation pursuant to subsection (h); and 

17 ‘‘(B) has a term that does not exceed— 

18 ‘‘(i) 30 years; or 

19 ‘‘(ii) in the case of a lease for the pro20 duction of oil resources, gas resources, or 

21 both, 10 years and as long thereafter as oil 

22 or gas is produced in paying quantities.’’; 

23 (2) by striking subsection (b) and inserting the 

24 following: 
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1 ‘‘(b) RIGHTS-OF-WAY.—An Indian tribe may grant a 

2 right-of-way over tribal land without review or approval 

3 by the Secretary if the right-of-way— 

4 ‘‘(1) serves— 

5 ‘‘(A) an electric production, generation, 

6 transmission, or distribution facility (including 

7 a facility that produces electricity from renew8 able energy resources) located on tribal land; 

9 ‘‘(B) a facility located on tribal land that 

10 extracts, produces, processes, or refines energy 

11 resources; or 

12 ‘‘(C) the purposes, or facilitates in car13 rying out the purposes, of any lease or agree14 ment entered into for energy resource develop15 ment on tribal land; 

16 ‘‘(2) was executed— 

17 ‘‘(A) in accordance with the requirements 

18 of a tribal energy resource agreement in effect 

19 under subsection (e) (including the periodic re20 view and evaluation of the activities of the In21 dian tribe under the agreement, to be conducted 

22 pursuant to subparagraphs (D) and (E) of sub23 section (e)(2)); or 

24 ‘‘(B) by the Indian tribe and a tribal en25 ergy development organization for which the In-
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1 dian tribe has obtained a certification pursuant 

2 to subsection (h); and 

3 ‘‘(3) has a term that does not exceed 30 

4 years.’’; 

5 (3) by striking subsection (d) and inserting the 

6 following: 

7 ‘‘(d) VALIDITY.—No lease or business agreement en8 tered into, or right-of-way granted, pursuant to this sec9 tion shall be valid unless the lease, business agreement, 

10 or right-of-way is authorized by subsection (a) or (b).’’; 

11 (4) in subsection (e)— 

12 (A) by striking paragraph (1) and insert13 ing the following: 

14 ‘‘(1) IN GENERAL.— 

15 ‘‘(A) AUTHORIZATION.—On or after the 

16 date of enactment of the Indian Tribal Energy 

17 Development and Self-Determination Act 

18 Amendments of 2016, a qualified Indian tribe 

19 may submit to the Secretary a tribal energy re20 source agreement governing leases, business 

21 agreements, and rights-of-way under this sec22 tion. 

23 ‘‘(B) NOTICE OF COMPLETE PROPOSED

24 AGREEMENT.—Not later than 60 days after the 

25 date on which the tribal energy resource agree-
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1 ment is submitted under subparagraph (A), the 

2 Secretary shall— 

3 ‘‘(i) notify the Indian tribe as to 

4 whether the agreement is complete or in5 complete; 

6 ‘‘(ii) if the agreement is incomplete, 

7 notify the Indian tribe of what information 

8 or documentation is needed to complete the 

9 submission; and 

10 ‘‘(iii) identify and notify the Indian 

11 tribe of the financial assistance, if any, to 

12 be provided by the Secretary to the Indian 

13 tribe to assist in the implementation of the 

14 tribal energy resource agreement, including 

15 the environmental review of individual 

16 projects. 

17 ‘‘(C) EFFECT.—Nothing in this paragraph 

18 precludes the Secretary from providing any fi19 nancial assistance at any time to the Indian 

20 tribe to assist in the implementation of the trib21 al energy resource agreement.’’; 

22 (B) in paragraph (2)— 

23 (i) by striking ‘‘(2)(A)’’ and all that 

24 follows through the end of subparagraph 

25 (A) and inserting the following: 
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1 ‘‘(2) PROCEDURE.— 

2 ‘‘(A) EFFECTIVE DATE.— 

3 ‘‘(i) IN GENERAL.—On the date that 

4 is 271 days after the date on which the 

5 Secretary receives a tribal energy resource 

6 agreement from a qualified Indian tribe 

7 under paragraph (1), the tribal energy re8 source agreement shall take effect, unless 

9 the Secretary disapproves the tribal energy 

10 resource agreement under subparagraph 

11 (B). 

12 ‘‘(ii) REVISED TRIBAL ENERGY RE13 SOURCE AGREEMENT.—On the date that is 

14 91 days after the date on which the Sec15 retary receives a revised tribal energy re16 source agreement from a qualified Indian 

17 tribe under paragraph (4)(B), the revised 

18 tribal energy resource agreement shall take 

19 effect, unless the Secretary disapproves the 

20 revised tribal energy resource agreement 

21 under subparagraph (B).’’; 

22 (ii) in subparagraph (B)— 

23 (I) by striking ‘‘(B)’’ and all that 

24 follows through clause (ii) and insert25 ing the following: 
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1 ‘‘(B) DISAPPROVAL.—The Secretary shall 

2 disapprove a tribal energy resource agreement 

3 submitted pursuant to paragraph (1) or (4)(B) 

4 only if— 

5 ‘‘(i) a provision of the tribal energy 

6 resource agreement violates applicable 

7 Federal law (including regulations) or a 

8 treaty applicable to the Indian tribe; 

9 ‘‘(ii) the tribal energy resource agree10 ment does not include 1 or more provisions 

11 required under subparagraph (D); or’’; and 

12 (II) in clause (iii)— 

13 (aa) in the matter preceding 

14 subclause (I), by striking ‘‘in15 cludes’’ and all that follows 

16 through ‘‘section—’’ and insert17 ing ‘‘does not include provisions 

18 that, with respect to any lease, 

19 business agreement, or right-of20 way to which the tribal energy 

21 resource agreement applies—’’; 

22 (bb) by striking subclauses 

23 (I), (II), (V), (VIII), and (XV); 

24 (cc) by redesignating clauses 

25 (III), (IV), (VI), (VII), (IX) 
539 

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1 through (XIV), and (XVI) as 

2 clauses (I), (II), (III), (IV), (V) 

3 through (X), and (XI), respec4 tively; 

5 (dd) in item (bb) of sub6 clause (XI) (as redesignated by 

7 item (cc))— 

8 (AA) by striking ‘‘or 

9 tribal’’; and 

10 (BB) by striking the 

11 period at the end and insert12 ing a semicolon; and 

13 (ee) by adding at the end 

14 the following: 

15 ‘‘(XII) include a certification by 

16 the Indian tribe that the Indian tribe 

17 has— 

18 ‘‘(aa) carried out a contract 

19 or compact under title I or IV of 

20 the Indian Self-Determination 

21 and Education Assistance Act 

22 (25 U.S.C. 450 et seq.) for a pe23 riod of not less than 3 consecu24 tive years ending on the date on 

25 which the Indian tribe submits 
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1 the application without material 

2 audit exception (or without any 

3 material audit exceptions that 

4 were not corrected within the 3- 

5 year period) relating to the man6 agement of tribal land or natural 

7 resources; or 

8 ‘‘(bb) substantial experience 

9 in the administration, review, or 

10 evaluation of energy resource 

11 leases or agreements or has oth12 erwise substantially participated 

13 in the administration, manage14 ment, or development of energy 

15 resources located on the tribal 

16 land of the Indian tribe; and 

17 ‘‘(XIII) at the option of the In18 dian tribe, identify which functions, if 

19 any, authorizing any operational or 

20 development activities pursuant to a 

21 lease, right-of-way, or business agree22 ment approved by the Indian tribe, 

23 that the Indian tribe intends to con24 duct.’’; 

25 (iii) in subparagraph (C)— 
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1 (I) by striking clauses (i) and 

2 (ii); 

3 (II) by redesignating clauses (iii) 

4 through (v) as clauses (ii) through 

5 (iv), respectively; and 

6 (III) by inserting before clause 

7 (ii) (as redesignated by subclause (II)) 

8 the following: 

9 ‘‘(i) a process for ensuring that— 

10 ‘‘(I) the public is informed of, 

11 and has reasonable opportunity to 

12 comment on, any significant environ13 mental impacts of the proposed ac14 tion; and 

15 ‘‘(II) the Indian tribe provides 

16 responses to relevant and substantive 

17 public comments on any impacts de18 scribed in subclause (I) before the In19 dian tribe approves the lease, business 

20 agreement, or right-of-way.’’; 

21 (iv) in subparagraph (D)(ii), by strik22 ing ‘‘subparagraph (B)(iii)(XVI)’’ and in23 serting ‘‘subparagraph (B)(iv)(XI)’’; and 

24 (v) by adding at the end the following: 
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1 ‘‘(F) EFFECTIVE PERIOD.—A tribal energy 

2 resource agreement that takes effect pursuant 

3 to this subsection shall remain in effect to the 

4 extent any provision of the tribal energy re5 source agreement is consistent with applicable 

6 Federal law (including regulations), unless the 

7 tribal energy resource agreement is— 

8 ‘‘(i) rescinded by the Secretary pursu9 ant to paragraph (7)(D)(iii)(II); or 

10 ‘‘(ii) voluntarily rescinded by the In11 dian tribe pursuant to the regulations pro12 mulgated under paragraph (8)(B) (or suc13 cessor regulations).’’; 

14 (C) in paragraph (4), by striking ‘‘date of 

15 disapproval’’ and all that follows through the 

16 end of subparagraph (C) and inserting the fol17 lowing: ‘‘date of disapproval, provide the Indian 

18 tribe with— 

19 ‘‘(A) a detailed, written explanation of— 

20 ‘‘(i) each reason for the disapproval; 

21 and 

22 ‘‘(ii) the revisions or changes to the 

23 tribal energy resource agreement necessary 

24 to address each reason; and 
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1 ‘‘(B) an opportunity to revise and resubmit 

2 the tribal energy resource agreement.’’; 

3 (D) in paragraph (6)— 

4 (i) in subparagraph (B)— 

5 (I) by striking ‘‘(B) Subject to’’ 

6 and inserting the following: 

7 ‘‘(B) Subject only to’’; and 

8 (II) by striking ‘‘subparagraph 

9 (D)’’ and inserting ‘‘subparagraphs 

10 (C) and (D)’’; 

11 (ii) in subparagraph (C), in the mat12 ter preceding clause (i), by inserting ‘‘to 

13 perform the obligations of the Secretary 

14 under this section and’’ before ‘‘to ensure’’; 

15 and 

16 (iii) in subparagraph (D), by adding 

17 at the end the following: 

18 ‘‘(iii) Nothing in this section absolves, 

19 limits, or otherwise affects the liability, if 

20 any, of the United States for any— 

21 ‘‘(I) term of any lease, business 

22 agreement, or right-of-way under this 

23 section that is not a negotiated term; 

24 or 
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1 ‘‘(II) losses that are not the re2 sult of a negotiated term, including 

3 losses resulting from the failure of the 

4 Secretary to perform an obligation of 

5 the Secretary under this section.’’; 

6 (E) in paragraph (7)— 

7 (i) in subparagraph (A), by striking 

8 ‘‘has demonstrated’’ and inserting ‘‘the 

9 Secretary determines has demonstrated 

10 with substantial evidence’’; 

11 (ii) in subparagraph (B), by striking 

12 ‘‘any tribal remedy’’ and inserting ‘‘all 

13 remedies (if any) provided under the laws 

14 of the Indian tribe’’; 

15 (iii) in subparagraph (D)— 

16 (I) in clause (i), by striking ‘‘de17 termine’’ and all that follows through 

18 the end of the clause and inserting the 

19 following: ‘‘determine— 

20 ‘‘(I) whether the petitioner 

21 is an interested party; and 

22 ‘‘(II) if the petitioner is an 

23 interested party, whether the In24 dian tribe is not in compliance 

25 with the tribal energy resource 
545 

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1 agreement as alleged in the peti2 tion.’’; 

3 (II) in clause (ii), by striking 

4 ‘‘determination’’ and inserting ‘‘deter5 minations’’; and 

6 (III) in clause (iii), in the matter 

7 preceding subclause (I) by striking 

8 ‘‘agreement’’ the first place it appears 

9 and all that follows through ‘‘, includ10 ing’’ and inserting ‘‘agreement pursu11 ant to clause (i), the Secretary shall 

12 only take such action as the Secretary 

13 determines necessary to address the 

14 claims of noncompliance made in the 

15 petition, including’’; 

16 (iv) in subparagraph (E)(i), by strik17 ing ‘‘the manner in which’’ and inserting 

18 ‘‘, with respect to each claim made in the 

19 petition, how’’; and 

20 (v) by adding at the end the following: 

21 ‘‘(G) Notwithstanding any other provision 

22 of this paragraph, the Secretary shall dismiss 

23 any petition from an interested party that has 

24 agreed with the Indian tribe to a resolution of 
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1 the claims presented in the petition of that 

2 party.’’; 

3 (F) in paragraph (8)— 

4 (i) by striking subparagraph (A); 

5 (ii) by redesignating subparagraphs 

6 (B) through (D) as subparagraphs (A) 

7 through (C), respectively; and 

8 (iii) in subparagraph (A) (as redesig9 nated by clause (ii))— 

10 (I) in clause (i), by striking 

11 ‘‘and’’ at the end; 

12 (II) in clause (ii), by adding 

13 ‘‘and’’ after the semicolon; and 

14 (III) by adding at the end the 

15 following: 

16 ‘‘(iii) amend an approved tribal energy 

17 resource agreement to assume authority 

18 for approving leases, business agreements, 

19 or rights-of-way for development of an20 other energy resource that is not included 

21 in an approved tribal energy resource 

22 agreement without being required to apply 

23 for a new tribal energy resource agree24 ment;’’ and 

25 (G) by adding at the end the following: 
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1 ‘‘(9) EFFECT.—Nothing in this section author2 izes the Secretary to deny a tribal energy resource 

3 agreement or any amendment to a tribal energy re4 source agreement, or to limit the effect or implemen5 tation of this section, due to lack of promulgated 

6 regulations.’’; 

7 (5) by redesignating subsection (g) as sub8 section (j); and 

9 (6) by inserting after subsection (f) the fol10 lowing: 

11 ‘‘(g) FINANCIAL ASSISTANCE IN LIEU OF ACTIVITIES

12 BY THE SECRETARY.— 

13 ‘‘(1) IN GENERAL.—Any amounts that the Sec14 retary would otherwise expend to operate or carry 

15 out any program, function, service, or activity (or 

16 any portion of a program, function, service, or activ17 ity) of the Department that, as a result of an Indian 

18 tribe carrying out activities under a tribal energy re19 source agreement, the Secretary does not expend, 

20 the Secretary shall, at the request of the Indian 

21 tribe, make available to the Indian tribe in accord22 ance with this subsection. 

23 ‘‘(2) ANNUAL FUNDING AGREEMENTS.—The 

24 Secretary shall make the amounts described in para25 graph (1) available to an Indian tribe through an 
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1 annual written funding agreement that is negotiated 

2 and entered into with the Indian tribe that is sepa3 rate from the tribal energy resource agreement. 

4 ‘‘(3) EFFECT OF APPROPRIATIONS.—Notwith5 standing paragraph (1)— 

6 ‘‘(A) the provision of amounts to an Indian 

7 tribe under this subsection is subject to the 

8 availability of appropriations; and 

9 ‘‘(B) the Secretary shall not be required to 

10 reduce amounts for programs, functions, serv11 ices, or activities that serve any other Indian 

12 tribe to make amounts available to an Indian 

13 tribe under this subsection. 

14 ‘‘(4) DETERMINATION.— 

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

16 calculate the amounts under paragraph (1) in 

17 accordance with the regulations adopted under 

18 section 6013(b) of the Indian Tribal Energy 

19 Development and Self-Determination Act 

20 Amendments of 2016. 

21 ‘‘(B) APPLICABILITY.—The effective date 

22 or implementation of a tribal energy resource 

23 agreement under this section shall not be de24 layed or otherwise affected by— 
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1 ‘‘(i) a delay in the promulgation of 

2 regulations under section 6013(b) of the 

3 Indian Tribal Energy Development and 

4 Self-Determination Act Amendments of 

5 2016; 

6 ‘‘(ii) the period of time needed by the 

7 Secretary to make the calculation required 

8 under paragraph (1); or 

9 ‘‘(iii) the adoption of a funding agree10 ment under paragraph (2). 

11 ‘‘(h) CERTIFICATION OF TRIBAL ENERGY DEVELOP12 MENT ORGANIZATION.— 

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

14 after the date on which an Indian tribe submits an 

15 application for certification of a tribal energy devel16 opment organization in accordance with regulations 

17 promulgated under section 6013(b) of the Indian 

18 Tribal Energy Development and Self-Determination 

19 Act Amendments of 2016, the Secretary shall ap20 prove or disapprove the application. 

21 ‘‘(2) REQUIREMENTS.—The Secretary shall ap22 prove an application for certification if— 

23 ‘‘(A)(i) the Indian tribe has carried out a 

24 contract or compact under title I or IV of the 
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1 Indian Self-Determination and Education As2 sistance Act (25 U.S.C. 450 et seq.); and 

3 ‘‘(ii) for a period of not less than 3 con4 secutive years ending on the date on which the 

5 Indian tribe submits the application, the con6 tract or compact— 

7 ‘‘(I) has been carried out by the In8 dian tribe without material audit excep9 tions (or without any material audit excep10 tions that were not corrected within the 3- 

11 year period); and 

12 ‘‘(II) has included programs or activi13 ties relating to the management of tribal 

14 land; and 

15 ‘‘(B)(i) the tribal energy development orga16 nization is organized under the laws of the In17 dian tribe; 

18 ‘‘(ii)(I) the majority of the interest in the 

19 tribal energy development organization is owned 

20 and controlled by the Indian tribe (or the In21 dian tribe and 1 or more other Indian tribes) 

22 the tribal land of which is being developed; and 

23 ‘‘(II) the organizing document of the tribal 

24 energy development organization requires that 

25 the Indian tribe with jurisdiction over the land 
551 

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1 maintain at all times the controlling interest in 

2 the tribal energy development organization; 

3 ‘‘(iii) the organizing document of the tribal 

4 energy development organization requires that 

5 the Indian tribe (or the Indian tribe and 1 or 

6 more other Indian tribes) the tribal land of 

7 which is being developed own and control at all 

8 times a majority of the interest in the tribal en9 ergy development organization; and 

10 ‘‘(iv) the organizing document of the tribal 

11 energy development organization includes a 

12 statement that the organization shall be subject 

13 to the jurisdiction, laws, and authority of the 

14 Indian tribe. 

15 ‘‘(3) ACTION BY SECRETARY.—If the Secretary 

16 approves an application for certification pursuant to 

17 paragraph (2), the Secretary shall, not more than 10 

18 days after making the determination— 

19 ‘‘(A) issue a certification stating that— 

20 ‘‘(i) the tribal energy development or21 ganization is organized under the laws of 

22 the Indian tribe and subject to the juris23 diction, laws, and authority of the Indian 

24 tribe; 
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1 ‘‘(ii) the majority of the interest in 

2 the tribal energy development organization 

3 is owned and controlled by the Indian tribe 

4 (or the Indian tribe and 1 or more other 

5 Indian tribes) the tribal land of which is 

6 being developed; 

7 ‘‘(iii) the organizing document of the 

8 tribal energy development organization re9 quires that the Indian tribe with jurisdic10 tion over the land maintain at all times the 

11 controlling interest in the tribal energy de12 velopment organization; 

13 ‘‘(iv) the organizing document of the 

14 tribal energy development organization re15 quires that the Indian tribe (or the Indian 

16 tribe and 1 or more other Indian tribes the 

17 tribal land of which is being developed) 

18 own and control at all times a majority of 

19 the interest in the tribal energy develop20 ment organization; and 

21 ‘‘(v) the certification is issued pursu22 ant this subsection; 

23 ‘‘(B) deliver a copy of the certification to 

24 the Indian tribe; and 
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1 ‘‘(C) publish the certification in the Fed2 eral Register. 

3 ‘‘(i) SOVEREIGN IMMUNITY.—Nothing in this section 

4 waives the sovereign immunity of an Indian tribe.’’. 

5 (b) REGULATIONS.—Not later than 1 year after the 

6 date of enactment of the Indian Tribal Energy Develop7 ment and Self-Determination Act Amendments of 2016, 

8 the Secretary shall promulgate or update any regulations 

9 that are necessary to implement this section, including 

10 provisions to implement— 

11 (1) section 2604(e)(8) of the Energy Policy Act 

12 of 1992 (25 U.S.C. 3504(e)(8)), including the proc13 ess to be followed by an Indian tribe amending an 

14 existing tribal energy resource agreement to assume 

15 authority for approving leases, business agreements, 

16 or rights-of-way for development of an energy re17 source that is not included in the tribal energy re18 source agreement; 

19 (2) section 2604(g) of the Energy Policy Act of 

20 1992 (25 U.S.C. 3504(g)) including the manner in 

21 which the Secretary, at the request of an Indian 

22 tribe, shall— 

23 (A) identify the programs, functions, serv24 ices, and activities (or any portions of pro25 grams, functions, services, or activities) that the 
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1 Secretary will not have to operate or carry out 

2 as a result of the Indian tribe carrying out ac3 tivities under a tribal energy resource agree4 ment; 

5 (B) identify the amounts that the Sec6 retary would have otherwise expended to oper7 ate or carry out each program, function, serv8 ice, and activity (or any portion of a program, 

9 function, service, or activity) identified pursu10 ant to subparagraph (A); and 

11 (C) provide to the Indian tribe a list of the 

12 programs, functions, services, and activities (or 

13 any portions of programs, functions, services, or 

14 activities) identified pursuant subparagraph (A) 

15 and the amounts associated with each program, 

16 function, service, and activity (or any portion of 

17 a program, function, service, or activity) identi18 fied pursuant to subparagraph (B); and 

19 (3) section 2604(h) of the Energy Policy Act of 

20 1992 (25 U.S.C. 3504(h)), including the process to 

21 be followed by, and any applicable criteria and docu22 mentation required for, an Indian tribe to request 

23 and obtain the certification described in that section. 
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1 SEC. 6014. TECHNICAL ASSISTANCE FOR INDIAN TRIBAL 

2 GOVERNMENTS. 

3 Section 2602(b) of the Energy Policy Act of 1992 

4 (25 U.S.C. 3502(b)) is amended— 

5 (1) by redesignating paragraphs (3) through 

6 (6) as paragraphs (4) through (7), respectively; and 

7 (2) by inserting after paragraph (2) the fol8 lowing: 

9 ‘‘(3) TECHNICAL AND SCIENTIFIC RE10 SOURCES.—In addition to providing grants to Indian 

11 tribes under this subsection, the Secretary shall col12 laborate with the Directors of the National Labora13 tories in making the full array of technical and sci14 entific resources of the Department of Energy avail15 able for tribal energy activities and projects.’’. 

16 SEC. 6015. CONFORMING AMENDMENTS. 

17 (a) DEFINITION OF TRIBAL ENERGY DEVELOPMENT

18 ORGANIZATION.—Section 2601 of the Energy Policy Act 

19 of 1992 (25 U.S.C. 3501) is amended— 

20 (1) by redesignating paragraphs (9) through 

21 (12) as paragraphs (10) through (13), respectively; 

22 (2) by inserting after paragraph (8) the fol23 lowing: 

24 ‘‘(9) The term ‘qualified Indian tribe’ means an 

25 Indian tribe that has— 
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1 ‘‘(A) carried out a contract or compact 

2 under title I or IV of the Indian Self Deter3 mination and Education Assistance Act (25 

4 U.S.C. 450 et seq.) for a period of not less than 

5 3 consecutive years ending on the date on which 

6 the Indian tribe submits the application without 

7 material audit exception (or without any mate8 rial audit exceptions that were not corrected 

9 within the 3-year period) relating to the man10 agement of tribal land or natural resources; or 

11 ‘‘(B) substantial experience in the adminis12 tration, review, or evaluation of energy resource 

13 leases or agreements or has otherwise substan14 tially participated in the administration, man15 agement, or development of energy resources lo16 cated on the tribal land of the Indian tribe.’’; 

17 and 

18 (3) by striking paragraph (12) (as redesignated 

19 by paragraph (1)) and inserting the following: 

20 ‘‘(12) The term ‘tribal energy development or21 ganization’ means— 

22 ‘‘(A) any enterprise, partnership, consor23 tium, corporation, or other type of business or24 ganization that is engaged in the development 

25 of energy resources and is wholly owned by an 
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1 Indian tribe (including an organization incor2 porated pursuant to section 17 of the Indian 

3 Reorganization Act of 1934 (25 U.S.C. 477) or 

4 section 3 of the Act of June 26, 1936 (25 

5 U.S.C. 503) (commonly known as the ‘Okla6 homa Indian Welfare Act’)); and 

7 ‘‘(B) any organization of 2 or more enti8 ties, at least 1 of which is an Indian tribe, that 

9 has the written consent of the governing bodies 

10 of all Indian tribes participating in the organi11 zation to apply for a grant, loan, or other as12 sistance under section 2602 or to enter into a 

13 lease or business agreement with, or acquire a 

14 right-of-way from, an Indian tribe pursuant to 

15 subsection (a)(2)(A)(ii) or (b)(2)(B) of section 

16 2604.’’. 

17 (b) INDIAN TRIBAL ENERGY RESOURCE DEVELOP18 MENT.—Section 2602 of the Energy Policy Act of 1992 

19 (25 U.S.C. 3502) is amended— 

20 (1) in subsection (a)— 

21 (A) in paragraph (1), by striking ‘‘tribal 

22 energy resource development organizations’’ 

23 and inserting ‘‘tribal energy development orga24 nizations’’; and 
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1 (B) in paragraph (2), by striking ‘‘tribal 

2 energy resource development organizations’’ 

3 each place it appears and inserting ‘‘tribal en4 ergy development organizations’’; and 

5 (2) in subsection (b)(2), by striking ‘‘tribal en6 ergy resource development organization’’ and insert7 ing ‘‘tribal energy development organization’’. 

8 (c) WIND AND HYDROPOWER FEASIBILITY STUDY.— 

9 Section 2606(c)(3) of the Energy Policy Act of 1992 (25 

10 U.S.C. 3506(c)(3)) is amended by striking ‘‘energy re11 source development’’ and inserting ‘‘energy development’’. 

12 (d) CONFORMING AMENDMENTS.—Section 2604(e) 

13 of the Energy Policy Act of 1992 (25 U.S.C. 3504(e)) is 

14 amended— 

15 (1) in paragraph (3)— 

16 (A) by striking ‘‘(3) The Secretary’’ and 

17 inserting the following: 

18 ‘‘(3) NOTICE AND COMMENT; SECRETARIAL RE19 VIEW.—The Secretary’’; and 

20 (B) by striking ‘‘for approval’’; 

21 (2) in paragraph (4), by striking ‘‘(4) If the 

22 Secretary’’ and inserting the following: 

23 ‘‘(4) ACTION IN CASE OF DISAPPROVAL.—If the 

24 Secretary’’; 

25 (3) in paragraph (5)— 
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1 (A) by striking ‘‘(5) If an Indian tribe’’ 

2 and inserting the following: 

3 ‘‘(5) PROVISION OF DOCUMENTS TO SEC4 RETARY.—If an Indian tribe’’; and 

5 (B) in the matter preceding subparagraph 

6 (A), by striking ‘‘approved’’ and inserting ‘‘in 

7 effect’’; 

8 (4) in paragraph (6)— 

9 (A) by striking ‘‘(6)(A) In carrying out’’ 

10 and inserting the following: 

11 ‘‘(6) SECRETARIAL OBLIGATIONS AND EFFECT

12 OF SECTION.— 

13 ‘‘(A) In carrying out’’; 

14 (B) in subparagraph (A), by indenting 

15 clauses (i) and (ii) appropriately; 

16 (C) in subparagraph (B), by striking ‘‘ap17 proved’’ and inserting ‘‘in effect’’; and 

18 (D) in subparagraph (D)— 

19 (i) in clause (i), by striking ‘‘an ap20 proved tribal energy resource agreement’’ 

21 and inserting ‘‘a tribal energy resource 

22 agreement in effect under this section’’; 

23 and 
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1 (ii) in clause (ii), by striking ‘‘ap2 proved by the Secretary’’ and inserting ‘‘in 

3 effect’’; and 

4 (5) in paragraph (7)— 

5 (A) by striking ‘‘(7)(A) In this paragraph’’ 

6 and inserting the following: 

7 ‘‘(7) PETITIONS BY INTERESTED PARTIES.— 

8 ‘‘(A) In this paragraph’’; 

9 (B) in subparagraph (A), by striking ‘‘ap10 proved by the Secretary’’ and inserting ‘‘in ef11 fect’’; 

12 (C) in subparagraph (B), by striking ‘‘ap13 proved by the Secretary’’ and inserting ‘‘in ef14 fect’’; and 

15 (D) in subparagraph (D)(iii)— 

16 (i) in subclause (I), by striking ‘‘ap17 proved’’; and 

18 (ii) in subclause (II)— 

19 (I) by striking ‘‘approval of’’ in 

20 the first place it appears; and 

21 (II) by striking ‘‘subsection (a) 

22 or (b)’’ and inserting ‘‘subsection 

23 (a)(2)(A)(i) or (b)(2)(A)’’. 
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1 SEC. 6016. REPORT. 

2 (a) IN GENERAL.—Not later than 18 months after 

3 the date of enactment of this Act, the Secretary of the 

4 Interior shall submit to the Committee on Indian Affairs 

5 of the Senate and the Committee on Natural Resources 

6 of the House of Representatives a report that details with 

7 respect to activities for energy development on Indian 

8 land, how the Department of the Interior— 

9 (1) processes and completes the reviews of en10 ergy-related documents in a timely and transparent 

11 manner; 

12 (2) monitors the timeliness of agency review for 

13 all energy-related documents; 

14 (3) maintains databases to track and monitor 

15 the review and approval process for energy-related 

16 documents associated with conventional and renew17 able Indian energy resources that require Secretarial 

18 approval prior to development, including— 

19 (A) any seismic exploration permits; 

20 (B) permission to survey; 

21 (C) archeological and cultural surveys; 

22 (D) access permits; 

23 (E) environmental assessments; 

24 (F) oil and gas leases; 

25 (G) surface leases; 

26 (H) rights-of-way agreements; and 
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1 (I) communitization agreements; 

2 (4) identifies in the databases— 

3 (A) the date lease applications and permits 

4 are received by the agency; 

5 (B) the status of the review; 

6 (C) the date the application or permit is 

7 considered complete and ready for review; 

8 (D) the date of approval; and 

9 (E) the start and end dates for any signifi10 cant delays in the review process; 

11 (5) tracks in the databases, for all energy-re12 lated leases, agreements, applications, and permits 

13 that involve multiple agency review— 

14 (A) the dates documents are transferred 

15 between agencies; 

16 (B) the status of the review; 

17 (C) the date the required reviews are com18 pleted; and 

19 (D) the date interim or final decisions are 

20 issued. 

21 (b) INCLUSIONS.—The report under subsection (a) 

22 shall include— 

23 (1) a description of any intermediate and final 

24 deadlines for agency action on any Secretarial review 

25 and approval required for Indian conventional and 
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1 renewable energy exploration and development ac2 tivities; 

3 (2) a description of the existing geographic 

4 database established by the Bureau of Indian Af5 fairs, explaining— 

6 (A) how the database identifies— 

7 (i) the location and ownership of all 

8 Indian oil and gas resources held in trust; 

9 (ii) resources available for lease; and 

10 (iii) the location of— 

11 (I) any lease of land held in trust 

12 or restricted fee on behalf of any In13 dian tribe or individual Indian; and 

14 (II) any rights-of-way on that 

15 land in effect; 

16 (B) how the information from the database 

17 is made available to— 

18 (i) the officials of the Bureau of In19 dian Affairs with responsibility over the 

20 management and development of Indian 

21 resources; and 

22 (ii) resource owners; and 

23 (C) any barriers to identifying the informa24 tion described in subparagraphs (A) and (B) or 

25 any deficiencies in that information; and 
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1 (3) an evaluation of— 

2 (A) the ability of each applicable agency to 

3 track and monitor the review and approval 

4 process of the agency for Indian energy develop5 ment; and 

6 (B) the extent to which each applicable 

7 agency complies with any intermediate and final 

8 deadlines. 

9 Subtitle B—Miscellaneous 

10 Amendments 

11 SEC. 6201. ISSUANCE OF PRELIMINARY PERMITS OR LI12 CENSES. 

13 (a) IN GENERAL.—Section 7(a) of the Federal Power 

14 Act (16 U.S.C. 800(a)) is amended by striking ‘‘States 

15 and municipalities’’ and inserting ‘‘States, Indian tribes, 

16 and municipalities’’. 

17 (b) APPLICABILITY.—The amendment made by sub18 section (a) shall not affect— 

19 (1) any preliminary permit or original license 

20 issued before the date of enactment of the Indian 

21 Tribal Energy Development and Self-Determination 

22 Act Amendments of 2016; or 

23 (2) an application for an original license, if the 

24 Commission has issued a notice accepting that appli25 cation for filing pursuant to section 4.32(d) of title 
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1 18, Code of Federal Regulations (or successor regu2 lations), before the date of enactment of the Indian 

3 Tribal Energy Development and Self-Determination 

4 Act Amendments of 2016. 

5 (c) DEFINITION OF INDIAN TRIBE.—For purposes of 

6 section 7(a) of the Federal Power Act (16 U.S.C. 800(a)) 

7 (as amended by subsection (a)), the term ‘‘Indian tribe’’ 

8 has the meaning given the term in section 4 of the Indian 

9 Self-Determination and Education Assistance Act (25 

10 U.S.C. 450b). 

11 SEC. 6202. TRIBAL BIOMASS DEMONSTRATION PROJECT. 

12 (a) PURPOSE.—The purpose of this section is to es13 tablish a biomass demonstration project for federally rec14 ognized Indian tribes and Alaska Native corporations to 

15 promote biomass energy production. 

16 (b) TRIBAL BIOMASS DEMONSTRATION PROJECT.— 

17 The Tribal Forest Protection Act of 2004 (Public Law 

18 108–278; 118 Stat. 868) is amended— 

19 (1) in section 2(a), by striking ‘‘In this section’’ 

20 and inserting ‘‘In this Act’’; and 

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

22 ‘‘SEC. 3. TRIBAL BIOMASS DEMONSTRATION PROJECT. 

23 ‘‘(a) STEWARDSHIP CONTRACTS OR SIMILAR AGREE24 MENTS.—For each of fiscal years 2017 through 2021, the 

25 Secretary shall enter into stewardship contracts or similar 
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1 agreements (excluding direct service contracts) with In2 dian tribes to carry out demonstration projects to promote 

3 biomass energy production (including biofuel, heat, and 

4 electricity generation) on Indian forest land and in nearby 

5 communities by providing reliable supplies of woody bio6 mass from Federal land. 

7 ‘‘(b) DEMONSTRATION PROJECTS.—In each fiscal 

8 year for which projects are authorized, at least 4 new dem9 onstration projects that meet the eligibility criteria de10 scribed in subsection (c) shall be carried out under con11 tracts or agreements described in subsection (a). 

12 ‘‘(c) ELIGIBILITY CRITERIA.—To be eligible to enter 

13 into a contract or agreement under this section, an Indian 

14 tribe shall submit to the Secretary an application— 

15 ‘‘(1) containing such information as the Sec16 retary may require; and 

17 ‘‘(2) that includes a description of— 

18 ‘‘(A) the Indian forest land or rangeland 

19 under the jurisdiction of the Indian tribe; and 

20 ‘‘(B) the demonstration project proposed 

21 to be carried out by the Indian tribe. 

22 ‘‘(d) SELECTION.—In evaluating the applications 

23 submitted under subsection (c), the Secretary shall— 

24 ‘‘(1) take into consideration— 
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1 ‘‘(A) the factors set forth in paragraphs 

2 (1) and (2) of section 2(e); and 

3 ‘‘(B) whether a proposed project would— 

4 ‘‘(i) increase the availability or reli5 ability of local or regional energy; 

6 ‘‘(ii) enhance the economic develop7 ment of the Indian tribe; 

8 ‘‘(iii) result in or improve the connec9 tion of electric power transmission facilities 

10 serving the Indian tribe with other electric 

11 transmission facilities; 

12 ‘‘(iv) improve the forest health or wa13 tersheds of Federal land or Indian forest 

14 land or rangeland; 

15 ‘‘(v) demonstrate new investments in 

16 infrastructure; or 

17 ‘‘(vi) otherwise promote the use of 

18 woody biomass; and 

19 ‘‘(2) exclude from consideration any merchant20 able logs that have been identified by the Secretary 

21 for commercial sale. 

22 ‘‘(e) IMPLEMENTATION.—The Secretary shall— 

23 ‘‘(1) ensure that the criteria described in sub24 section (c) are publicly available by not later than 
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1 120 days after the date of enactment of this section; 

2 and 

3 ‘‘(2) to the maximum extent practicable, consult 

4 with Indian tribes and appropriate intertribal orga5 nizations likely to be affected in developing the ap6 plication and otherwise carrying out this section. 

7 ‘‘(f) REPORT.—Not later than September 20, 2019, 

8 the Secretary shall submit to Congress a report that de9 scribes, with respect to the reporting period— 

10 ‘‘(1) each individual tribal application received 

11 under this section; and 

12 ‘‘(2) each contract and agreement entered into 

13 pursuant to this section. 

14 ‘‘(g) INCORPORATION OF MANAGEMENT PLANS.—In 

15 carrying out a contract or agreement under this section, 

16 on receipt of a request from an Indian tribe, the Secretary 

17 shall incorporate into the contract or agreement, to the 

18 maximum extent practicable, management plans (includ19 ing forest management and integrated resource manage20 ment plans) in effect on the Indian forest land or range21 land of the respective Indian tribe. 

22 ‘‘(h) TERM.—A contract or agreement entered into 

23 under this section— 

24 ‘‘(1) shall be for a term of not more than 20 

25 years; and 
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1 ‘‘(2) may be renewed in accordance with this 

2 section for not more than an additional 10 years.’’. 

3 (c) ALASKA NATIVE BIOMASS DEMONSTRATION

4 PROJECT.— 

5 (1) DEFINITIONS.—In this subsection: 

6 (A) FEDERAL LAND.—The term ‘‘Federal 

7 land’’ means— 

8 (i) land of the National Forest System 

9 (as defined in section 11(a) of the Forest 

10 and Rangeland Renewable Resources Plan11 ning Act of 1974 (16 U.S.C. 1609(a)) ad12 ministered by the Secretary of Agriculture, 

13 acting through the Chief of the Forest 

14 Service; and 

15 (ii) public lands (as defined in section 

16 103 of the Federal Land Policy Manage17 ment Act of 1976 (43 U.S.C. 1702)), the 

18 surface of which is administered by the 

19 Secretary of the Interior, acting through 

20 the Director of the Bureau of Land Man21 agement. 

22 (B) INDIAN TRIBE.—The term ‘‘Indian 

23 tribe’’ has the meaning given the term in sec24 tion 4 of the Indian Self-Determination and 

25 Education Assistance Act (25 U.S.C. 450b). 
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1 (C) SECRETARY.—The term ‘‘Secretary’’ 

2 means— 

3 (i) the Secretary of Agriculture, with 

4 respect to land under the jurisdiction of 

5 the Forest Service; and 

6 (ii) the Secretary of the Interior, with 

7 respect to land under the jurisdiction of 

8 the Bureau of Land Management. 

9 (D) TRIBAL ORGANIZATION.—The term 

10 ‘‘tribal organization’’ has the meaning given the 

11 term in section 4 of the Indian Self-Determina12 tion and Education Assistance Act (25 U.S.C. 

13 450b). 

14 (2) AGREEMENTS.—For each of fiscal years 

15 2017 through 2021, the Secretary shall enter into 

16 an agreement or contract with an Indian tribe or a 

17 tribal organization to carry out a demonstration 

18 project to promote biomass energy production (in19 cluding biofuel, heat, and electricity generation) by 

20 providing reliable supplies of woody biomass from 

21 Federal land. 

22 (3) DEMONSTRATION PROJECTS.—In each fiscal 

23 year for which projects are authorized, at least 1 

24 new demonstration project that meets the eligibility 

25 criteria described in paragraph (4) shall be carried 
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1 out under contracts or agreements described in 

2 paragraph (2). 

3 (4) ELIGIBILITY CRITERIA.—To be eligible to 

4 enter into a contract or agreement under this sub5 section, an Indian tribe or tribal organization shall 

6 submit to the Secretary an application— 

7 (A) containing such information as the 

8 Secretary may require; and 

9 (B) that includes a description of the dem10 onstration project proposed to be carried out by 

11 the Indian tribe or tribal organization. 

12 (5) SELECTION.—In evaluating the applications 

13 submitted under paragraph (4), the Secretary 

14 shall— 

15 (A) take into consideration whether a pro16 posed project would— 

17 (i) increase the availability or reli18 ability of local or regional energy; 

19 (ii) enhance the economic development 

20 of the Indian tribe; 

21 (iii) result in or improve the connec22 tion of electric power transmission facilities 

23 serving the Indian tribe with other electric 

24 transmission facilities; 
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1 (iv) improve the forest health or wa2 tersheds of Federal land or non-Federal 

3 land; 

4 (v) demonstrate new investments in 

5 infrastructure; or 

6 (vi) otherwise promote the use of 

7 woody biomass; and 

8 (B) exclude from consideration any mer9 chantable logs that have been identified by the 

10 Secretary for commercial sale. 

11 (6) IMPLEMENTATION.—The Secretary shall— 

12 (A) ensure that the criteria described in 

13 paragraph (4) are publicly available by not later 

14 than 120 days after the date of enactment of 

15 this subsection; and 

16 (B) to the maximum extent practicable, 

17 consult with Indian tribes and appropriate trib18 al organizations likely to be affected in devel19 oping the application and otherwise carrying 

20 out this subsection. 

21 (7) REPORT.—Not later than September 20, 

22 2019, the Secretary shall submit to Congress a re23 port that describes, with respect to the reporting pe24 riod— 
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1 (A) each individual application received 

2 under this subsection; and 

3 (B) each contract and agreement entered 

4 into pursuant to this subsection. 

5 (8) TERM.—A contract or agreement entered 

6 into under this subsection— 

7 (A) shall be for a term of not more than 

8 20 years; and 

9 (B) may be renewed in accordance with 

10 this subsection for not more than an additional 

11 10 years. 

12 SEC. 6203. WEATHERIZATION PROGRAM. 

13 Section 413(d) of the Energy Conservation and Pro14 duction Act (42 U.S.C. 6863(d)) is amended— 

15 (1) by striking paragraph (1) and inserting the 

16 following: 

17 ‘‘(1) RESERVATION OF AMOUNTS.— 

18 ‘‘(A) IN GENERAL.—Subject to subpara19 graph (B) and notwithstanding any other provi20 sion of this part, the Secretary shall reserve 

21 from amounts that would otherwise be allocated 

22 to a State under this part not less than 100 

23 percent, but not more than 150 percent, of an 

24 amount which bears the same proportion to the 

25 allocation of that State for the applicable fiscal 
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1 year as the population of all low-income mem2 bers of an Indian tribe in that State bears to 

3 the population of all low-income individuals in 

4 that State. 

5 ‘‘(B) RESTRICTIONS.—Subparagraph (A) 

6 shall apply only if— 

7 ‘‘(i) the tribal organization serving the 

8 low-income members of the applicable In9 dian tribe requests that the Secretary 

10 make a grant directly; and 

11 ‘‘(ii) the Secretary determines that 

12 the low-income members of the applicable 

13 Indian tribe would be equally or better 

14 served by making a grant directly than a 

15 grant made to the State in which the low16 income members reside. 

17 ‘‘(C) PRESUMPTION.—If the tribal organi18 zation requesting the grant is a tribally des19 ignated housing entity (as defined in section 4 

20 of the Native American Housing Assistance and 

21 Self-Determination Act of 1996 (25 U.S.C. 

22 4103)) that has operated without material audit 

23 exceptions (or without any material audit excep24 tions that were not corrected within a 3-year 

25 period), the Secretary shall presume that the 
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1 low-income members of the applicable Indian 

2 tribe would be equally or better served by mak3 ing a grant directly to the tribal organization 

4 than by a grant made to the State in which the 

5 low-income members reside.’’; 

6 (2) in paragraph (2)— 

7 (A) by striking ‘‘The sums’’ and inserting 

8 ‘‘ADMINISTRATION.—The amounts’’; 

9 (B) by striking ‘‘on the basis of his deter10 mination’’; 

11 (C) by striking ‘‘individuals for whom such 

12 a determination has been made’’ and inserting 

13 ‘‘low-income members of the Indian tribe’’; and 

14 (D) by striking ‘‘he’’ and inserting ‘‘the 

15 Secretary’’; and 

16 (3) in paragraph (3), by striking ‘‘In order’’ 

17 and inserting ‘‘APPLICATION.—In order’’. 

18 SEC. 6204. APPRAISALS. 

19 (a) IN GENERAL.—Title XXVI of the Energy Policy 

20 Act of 1992 (25 U.S.C. 3501 et seq.) is amended by add21 ing at the end the following: 

22 ‘‘SEC. 2607. APPRAISALS. 

23 ‘‘(a) IN GENERAL.—For any transaction that re24 quires approval of the Secretary and involves mineral or 

25 energy resources held in trust by the United States for 
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1 the benefit of an Indian tribe or by an Indian tribe subject 

2 to Federal restrictions against alienation, any appraisal 

3 relating to fair market value of those resources required 

4 to be prepared under applicable law may be prepared by— 

5 ‘‘(1) the Secretary; 

6 ‘‘(2) the affected Indian tribe; or 

7 ‘‘(3) a certified, third-party appraiser pursuant 

8 to a contract with the Indian tribe. 

9 ‘‘(b) SECRETARIAL REVIEW AND APPROVAL.—Not 

10 later than 45 days after the date on which the Secretary 

11 receives an appraisal prepared by or for an Indian tribe 

12 under paragraph (2) or (3) of subsection (a), the Sec13 retary shall— 

14 ‘‘(1) review the appraisal; and 

15 ‘‘(2) approve the appraisal unless the Secretary 

16 determines that the appraisal fails to meet the 

17 standards set forth in regulations promulgated 

18 under subsection (d). 

19 ‘‘(c) NOTICE OF DISAPPROVAL.—If the Secretary de20 termines that an appraisal submitted for approval under 

21 subsection (b) should be disapproved, the Secretary shall 

22 give written notice of the disapproval to the Indian tribe 

23 and a description of— 

24 ‘‘(1) each reason for the disapproval; and 
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1 ‘‘(2) how the appraisal should be corrected or 

2 otherwise cured to meet the applicable standards set 

3 forth in the regulations promulgated under sub4 section (d). 

5 ‘‘(d) REGULATIONS.—The Secretary shall promul6 gate regulations to carry out this section, including stand7 ards the Secretary shall use for approving or disapproving 

8 the appraisal described in subsection (a).’’. 

9 SEC. 6205. LEASES OF RESTRICTED LANDS FOR NAVAJO NA10 TION. 

11 (a) IN GENERAL.—Subsection (e)(1) of the first sec12 tion of the Act of August 9, 1955 (commonly known as 

13 the ‘‘Long-Term Leasing Act’’) (25 U.S.C. 415(e)(1)), is 

14 amended— 

15 (1) by striking ‘‘, except a lease for’’ and insert16 ing ‘‘, including a lease for’’; 

17 (2) by striking subparagraph (A) and inserting 

18 the following: 

19 ‘‘(A) in the case of a business or agricul20 tural lease, 99 years;’’; 

21 (3) in subparagraph (B), by striking the period 

22 at the end and inserting ‘‘; and’’; and 

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

24 ‘‘(C) in the case of a lease for the explo25 ration, development, or extraction of any min-
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1 eral resource (including geothermal resources), 

2 25 years, except that— 

3 ‘‘(i) any such lease may include an op4 tion to renew for 1 additional term of not 

5 to exceed 25 years; and 

6 ‘‘(ii) any such lease for the explo7 ration, development, or extraction of an oil 

8 or gas resource shall be for a term of not 

9 to exceed 10 years, plus such additional 

10 period as the Navajo Nation determines to 

11 be appropriate in any case in which an oil 

12 or gas resource is produced in a paying 

13 quantity.’’. 

14 (b) GAO REPORT.—Not later than 5 years after the 

15 date of enactment of this Act, the Comptroller General 

16 of the United States shall prepare and submit to Congress 

17 a report describing the progress made in carrying out the 

18 amendment made by subsection (a). 

19 SEC. 6206. EXTENSION OF TRIBAL LEASE PERIOD FOR THE 

20 CROW TRIBE OF MONTANA. 

21 Subsection (a) of the first section of the Act of Au22 gust 9, 1955 (25 U.S.C. 415(a)), is amended in the second 

23 sentence by inserting ‘‘, land held in trust for the Crow 

24 Tribe of Montana’’ after ‘‘Devils Lake Sioux Reserva25 tion’’. 
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1 SEC. 6207. TRUST STATUS OF LEASE PAYMENTS. 

2 (a) DEFINITION OF SECRETARY.—In this section, the 

3 term ‘‘Secretary’’ means the Secretary of the Interior. 

4 (b) TREATMENT OF LEASE PAYMENTS.— 

5 (1) IN GENERAL.—Except as provided in para6 graph (2) and at the request of the Indian tribe or 

7 individual Indian, any advance payments, bid depos8 its, or other earnest money received by the Secretary 

9 in connection with the review and Secretarial ap10 proval under any other Federal law (including regu11 lations) of a sale, lease, permit, or any other convey12 ance of any interest in any trust or restricted land 

13 of any Indian tribe or individual Indian shall, upon 

14 receipt and prior to Secretarial approval of the con15 tract or conveyance instrument, be held in the trust 

16 fund system for the benefit of the Indian tribe and 

17 individual Indian from whose land the funds were 

18 generated. 

19 (2) RESTRICTION.—If the advance payment, 

20 bid deposit, or other earnest money received by the 

21 Secretary results from competitive bidding, upon se22 lection of the successful bidder, only the funds paid 

23 by the successful bidder shall be held in the trust 

24 fund system. 

25 (c) USE OF FUNDS.— 
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1 (1) IN GENERAL.—On the approval of the Sec2 retary of a contract or other instrument for a sale, 

3 lease, permit, or any other conveyance described in 

4 subsection (b)(1), the funds held in the trust fund 

5 system and described in subsection (b), along with 

6 all income generated from the investment of those 

7 funds, shall be disbursed to the Indian tribe or indi8 vidual Indian landowners. 

9 (2) ADMINISTRATION.—If a contract or other 

10 instrument for a sale, lease, permit, or any other 

11 conveyance described in subsection (b)(1) is not ap12 proved by the Secretary, the funds held in the trust 

13 fund system and described in subsection (b), along 

14 with all income generated from the investment of 

15 those funds, shall be paid to the party identified in, 

16 and in such amount and on such terms as set out 

17 in, the applicable regulations, advertisement, or 

18 other notice governing the proposed conveyance of 

19 the interest in the land at issue. 

20 (d) APPLICABILITY.—This section shall apply to any 

21 advance payment, bid deposit, or other earnest money re22 ceived by the Secretary in connection with the review and 

23 Secretarial approval under any other Federal law (includ24 ing regulations) of a sale, lease, permit, or any other con25 veyance of any interest in any trust or restricted land of 
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1 any Indian tribe or individual Indian on or after the date 

2 of enactment of this Act. 

3 TITLE VII—BROWNFIELDS 

4 REAUTHORIZATION 

5 SEC. 7001. SHORT TITLE. 

6 This title may be cited as the ‘‘Brownfields Utiliza7 tion, Investment, and Local Development Act of 2016’’ or 

8 the ‘‘BUILD Act’’. 

9 SEC. 7002. EXPANDED ELIGIBILITY FOR NONPROFIT ORGA10 NIZATIONS. 

11 Section 104(k)(1) of the Comprehensive Environ12 mental Response, Compensation, and Liability Act of 

13 1980 (42 U.S.C. 9604(k)(1)) is amended— 

14 (1) in subparagraph (G), by striking ‘‘or’’ after 

15 the semicolon; 

16 (2) in subparagraph (H), by striking the period 

17 at the end and inserting a semicolon; and 

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

19 ‘‘(I) an organization described in section 

20 501(c)(3) of the Internal Revenue Code of 1986 

21 and exempt from taxation under section 501(a) 

22 of that Code; 

23 ‘‘(J) a limited liability corporation in which 

24 all managing members are organizations de25 scribed in subparagraph (I) or limited liability 
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1 corporations whose sole members are organiza2 tions described in subparagraph (I); 

3 ‘‘(K) a limited partnership in which all 

4 general partners are organizations described in 

5 subparagraph (I) or limited liability corpora6 tions whose sole members are organizations de7 scribed in subparagraph (I); or 

8 ‘‘(L) a qualified community development 

9 entity (as defined in section 45D(c)(1) of the 

10 Internal Revenue Code of 1986).’’. 

11 SEC. 7003. MULTIPURPOSE BROWNFIELDS GRANTS. 

12 Section 104(k) of the Comprehensive Environmental 

13 Response, Compensation, and Liability Act of 1980 (42 

14 U.S.C. 9604(k)) is amended— 

15 (1) by redesignating paragraphs (4) through 

16 (9) and (10) through (12) as paragraphs (5) 

17 through (10) and (13) through (15), respectively; 

18 (2) in paragraph (3)(A), by striking ‘‘subject to 

19 paragraphs (4) and (5)’’ and inserting ‘‘subject to 

20 paragraphs (5) and (6)’’; and 

21 (3) by inserting after paragraph (3) the fol22 lowing: 

23 ‘‘(4) MULTIPURPOSE BROWNFIELDS GRANTS.— 

24 ‘‘(A) IN GENERAL.—Subject to subpara25 graph (D) and paragraphs (5) and (6), the Ad-
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1 ministrator shall establish a program to provide 

2 multipurpose grants to an eligible entity based 

3 on the considerations under paragraph (3)(C), 

4 to carry out inventory, characterization, assess5 ment, planning, or remediation activities at 1 or 

6 more brownfield sites in a proposed area. 

7 ‘‘(B) GRANT AMOUNTS.— 

8 ‘‘(i) INDIVIDUAL GRANT AMOUNTS.— 

9 Each grant awarded under this paragraph 

10 shall not exceed $950,000. 

11 ‘‘(ii) CUMULATIVE GRANT

12 AMOUNTS.—The total amount of grants 

13 awarded for each fiscal year under this 

14 paragraph shall not exceed 15 percent of 

15 the funds made available for the fiscal year 

16 to carry out this subsection. 

17 ‘‘(C) CRITERIA.—In awarding a grant 

18 under this paragraph, the Administrator shall 

19 consider the extent to which an eligible entity is 

20 able— 

21 ‘‘(i) to provide an overall plan for re22 vitalization of the 1 or more brownfield 

23 sites in the proposed area in which the 

24 multipurpose grant will be used; 
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1 ‘‘(ii) to demonstrate a capacity to con2 duct the range of eligible activities that 

3 will be funded by the multipurpose grant; 

4 and 

5 ‘‘(iii) to demonstrate that a multipur6 pose grant will meet the needs of the 1 or 

7 more brownfield sites in the proposed area. 

8 ‘‘(D) CONDITION.—As a condition of re9 ceiving a grant under this paragraph, each eli10 gible entity shall expend the full amount of the 

11 grant not later than the date that is 3 years 

12 after the date on which the grant is awarded to 

13 the eligible entity unless the Administrator, in 

14 the discretion of the Administrator, provides an 

15 extension.’’. 

16 SEC. 7004. TREATMENT OF CERTAIN PUBLICLY OWNED 

17 BROWNFIELD SITES. 

18 Section 104(k)(2) of the Comprehensive Environ19 mental Response, Compensation, and Liability Act of 

20 1980 (42 U.S.C. 9604(k)(2)) is amended by adding at the 

21 end the following: 

22 ‘‘(C) EXEMPTION FOR CERTAIN PUBLICLY

23 OWNED BROWNFIELD SITES.—Notwithstanding 

24 any other provision of law, an eligible entity 

25 that is a governmental entity may receive a 
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1 grant under this paragraph for property ac2 quired by that governmental entity prior to 

3 January 11, 2002, even if the governmental en4 tity does not qualify as a bona fide prospective 

5 purchaser (as that term is defined in section 

6 101(40)), so long as the eligible entity has not 

7 caused or contributed to a release or threatened 

8 release of a hazardous substance at the prop9 erty.’’. 

10 SEC. 7005. INCREASED FUNDING FOR REMEDIATION 

11 GRANTS. 

12 Section 104(k)(3)(A)(ii) of the Comprehensive Envi13 ronmental Response, Compensation, and Liability Act of 

14 1980 (42 U.S.C. 9604(k)(3)(A)(ii)) is amended by strik15 ing ‘‘$200,000 for each site to be remediated’’ and insert16 ing ‘‘$500,000 for each site to be remediated, which limit 

17 may be waived by the Administrator, but not to exceed 

18 a total of $650,000 for each site, based on the anticipated 

19 level of contamination, size, or ownership status of the 

20 site’’. 

21 SEC. 7006. ALLOWING ADMINISTRATIVE COSTS FOR GRANT 

22 RECIPIENTS. 

23 Paragraph (5) of section 104(k) of the Comprehen24 sive Environmental Response, Compensation, and Liabil-
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1 ity Act of 1980 (42 U.S.C. 9604(k)) (as redesignated by 

2 section 3(1)) is amended— 

3 (1) in subparagraph (B)— 

4 (A) in clause (i)— 

5 (i) by striking subclause (III); and 

6 (ii) by redesignating subclauses (IV) 

7 and (V) as subclauses (III) and (IV), re8 spectively; 

9 (B) by striking clause (ii); 

10 (C) by redesignating clause (iii) as clause 

11 (ii); and 

12 (D) in clause (ii) (as redesignated by sub13 paragraph (C)), by striking ‘‘Notwithstanding 

14 clause (i)(IV)’’ and inserting ‘‘Notwithstanding 

15 clause (i)(III)’’; and 

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

17 ‘‘(E) ADMINISTRATIVE COSTS.— 

18 ‘‘(i) IN GENERAL.—An eligible entity 

19 may use up to 8 percent of the amounts 

20 made available under a grant or loan 

21 under this subsection for administrative 

22 costs. 

23 ‘‘(ii) RESTRICTION.—For purposes of 

24 clause (i), the term ‘administrative costs’ 

25 does not include— 
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1 ‘‘(I) investigation and identifica2 tion of the extent of contamination; 

3 ‘‘(II) design and performance of 

4 a response action; or 

5 ‘‘(III) monitoring of a natural re6 source.’’. 

7 SEC. 7007. SMALL COMMUNITY TECHNICAL ASSISTANCE 

8 GRANTS. 

9 Paragraph (7)(A) of section 104(k) of the Com10 prehensive Environmental Response, Compensation, and 

11 Liability Act of 1980 (42 U.S.C. 9604(k)) (as redesig12 nated by section 7003(1)) is amended— 

13 (1) by striking ‘‘The Administrator may pro14 vide,’’ and inserting the following: 

15 ‘‘(i) DEFINITIONS.—In this subpara16 graph: 

17 ‘‘(I) DISADVANTAGED AREA.— 

18 The term ‘disadvantaged area’ means 

19 an area with an annual median house20 hold income that is less than 80 per21 cent of the State-wide annual median 

22 household income, as determined by 

23 the latest available decennial census. 

24 ‘‘(II) SMALL COMMUNITY.—The 

25 term ‘small community’ means a com-
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1 munity with a population of not more 

2 than 15,000 individuals, as deter3 mined by the latest available decennial 

4 census. 

5 ‘‘(ii) ESTABLISHMENT OF PRO6 GRAM.—The Administrator shall establish 

7 a program to provide grants that pro8 vide,’’; and 

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

10 ‘‘(iii) SMALL OR DISADVANTAGED

11 COMMUNITY RECIPIENTS.— 

12 ‘‘(I) IN GENERAL.—Subject to 

13 subclause (II), in carrying out the 

14 program under clause (ii), the Admin15 istrator shall use not more than 

16 $600,000 of the amounts made avail17 able to carry out this paragraph to 

18 provide grants to States that receive 

19 amounts under section 128(a) to as20 sist small communities, Indian tribes, 

21 rural areas, or disadvantaged areas in 

22 achieving the purposes described in 

23 clause (ii). 
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1 ‘‘(II) LIMITATION.—Each grant 

2 awarded under subclause (I) shall be 

3 not more than $7,500.’’. 

4 SEC. 7008. WATERFRONT BROWNFIELDS GRANTS. 

5 Section 104(k) of the Comprehensive Environmental 

6 Response, Compensation, and Liability Act of 1980 (42 

7 U.S.C. 9604(k)) is amended by inserting after paragraph 

8 (10) (as redesignated by section 7003(1)) the following: 

9 ‘‘(11) WATERFRONT BROWNFIELD SITES.— 

10 ‘‘(A) DEFINITION OF WATERFRONT

11 BROWNFIELD SITE.—In this paragraph, the 

12 term ‘waterfront brownfield site’ means a 

13 brownfield site that is adjacent to a body of 

14 water or a federally designated floodplain. 

15 ‘‘(B) REQUIREMENTS.—In providing 

16 grants under this subsection, the Administrator 

17 shall— 

18 ‘‘(i) take into consideration whether 

19 the brownfield site to be served by the 

20 grant is a waterfront brownfield site; and 

21 ‘‘(ii) give consideration to waterfront 

22 brownfield sites.’’. 

23 SEC. 7009. CLEAN ENERGY BROWNFIELDS GRANTS. 

24 Section 104(k) of the Comprehensive Environmental 

25 Response, Compensation, and Liability Act of 1980 (42 
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1 U.S.C. 9604(k)) (as amended by section 7008) is amended 

2 by inserting after paragraph (11) the following: 

3 ‘‘(12) CLEAN ENERGY PROJECTS AT

4 BROWNFIELD SITES.— 

5 ‘‘(A) DEFINITION OF CLEAN ENERGY

6 PROJECT.—In this paragraph, the term ‘clean 

7 energy project’ means— 

8 ‘‘(i) a facility that generates renew9 able electricity from wind, solar, or geo10 thermal energy; and 

11 ‘‘(ii) any energy efficiency improve12 ment project at a facility, including com13 bined heat and power and district energy. 

14 ‘‘(B) ESTABLISHMENT.—The Adminis15 trator shall establish a program to provide 

16 grants— 

17 ‘‘(i) to eligible entities to carry out in18 ventory, characterization, assessment, 

19 planning, feasibility analysis, design, or re20 mediation activities to locate a clean en21 ergy project at 1 or more brownfield sites; 

22 and 

23 ‘‘(ii) to capitalize a revolving loan 

24 fund for the purposes described in clause 

25 (i). 
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1 ‘‘(C) MAXIMUM AMOUNT.—A grant under 

2 this paragraph shall not exceed $500,000.’’. 

3 SEC. 7010. TARGETED FUNDING FOR STATES. 

4 Paragraph (15) of section 104(k) of the Comprehen5 sive Environmental Response, Compensation, and Liabil6 ity Act of 1980 (42 U.S.C. 9604(k)) (as redesignated by 

7 section 7003(1)) is amended by adding at the end the fol8 lowing: 

9 ‘‘(C) TARGETED FUNDING.—Of the 

10 amounts made available under subparagraph 

11 (A) for a fiscal year, the Administrator may use 

12 not more than $2,000,000 to provide grants to 

13 States for purposes authorized under section 

14 128(a), subject to the condition that each State 

15 that receives a grant under this subparagraph 

16 shall have used at least 50 percent of the 

17 amounts made available to that State in the 

18 previous fiscal year to carry out assessment and 

19 remediation activities under section 128(a).’’. 

20 SEC. 7011. AUTHORIZATION OF APPROPRIATIONS. 

21 (a) BROWNFIELDS REVITALIZATION FUNDING.— 

22 Paragraph (15)(A) of section 104(k) of the Comprehen23 sive Environmental Response, Compensation, and Liabil24 ity Act of 1980 (42 U.S.C. 9604(k)) (as redesignated by 
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1 section 7003(1)) is amended by striking ‘‘2006’’ and in2 serting ‘‘2018’’. 

3 (b) STATE RESPONSE PROGRAMS.—Section 

4 128(a)(3) of the Comprehensive Environmental Response, 

5 Compensation, and Liability Act of 1980 (42 U.S.C. 

6 9628(a)(3)) is amended by striking ‘‘2006’’ and inserting 

7 ‘‘2018’’. 

8 TITLE VIII—MISCELLANEOUS 

9 SEC. 8001. REMOVAL OF USE RESTRICTION. 

10 Public Law 101–479 (104 Stat. 1158) is amended— 

11 (1) by striking section 2(d); and 

12 (2) by adding the following new section at the 

13 end: 

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).’’. 
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1 TITLE IX—MISCELLANEOUS 

2 SEC. 9001. INTERAGENCY TRANSFER OF LAND ALONG 

3 GEORGE WASHINGTON MEMORIAL PARKWAY. 

4 (a) DEFINITIONS.—In this section: 

5 (1) MAP.—The term ‘‘Map’’ means the map en6 titled ‘‘George Washington Memorial Parkway— 

7 Claude Moore Farm Proposed Boundary Adjust8 ment’’, numbered 850l130815, and dated Feb9 ruary 2016. 

10 (2) RESEARCH CENTER.—The term ‘‘Research 

11 Center’’ means the Turner-Fairbank Highway Re12 search Center of the Federal Highway Administra13 tion. 

14 (3) SECRETARY.—The term ‘‘Secretary’’ means 

15 the Secretary of the Interior. 

16 (b) ADMINISTRATIVE JURISDICTION TRANSFER.— 

17 (1) TRANSFER OF JURISDICTION.— 

18 (A) GEORGE WASHINGTON MEMORIAL

19 PARKWAY LAND.—Administrative jurisdiction 

20 over the approximately 0.342 acres of Federal 

21 land under the jurisdiction of the Secretary 

22 within the boundary of the George Washington 

23 Memorial Parkway, as generally depicted as 

24 ‘‘B’’ on the Map, is transferred from the Sec25 retary to the Secretary of Transportation. 
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1 (B) RESEARCH CENTER LAND.—Adminis2 tration jurisdiction over the approximately 

3 0.479 acres of Federal land within the bound4 ary of the Research Center land under the ju5 risdiction of the Secretary of Transportation 

6 adjacent to the boundary of the George Wash7 ington Memorial Parkway, as generally depicted 

8 as ‘‘A’’ on the Map, is transferred from the 

9 Secretary of Transportation to the Secretary. 

10 (2) USE RESTRICTION.—The Secretary shall re11 strict the use of 0.139 acres of Federal land within 

12 the boundary of the George Washington Memorial 

13 Parkway immediately adjacent to part of the perim14 eter fence of the Research Center, generally depicted 

15 as ‘‘C’’ on the Map, by prohibiting the storage, con16 struction, or installation of any item that may inter17 fere with the access of the Research Center to the 

18 restricted land for security and maintenance pur19 poses. 

20 (3) REIMBURSEMENT OR CONSIDERATION.— 

21 The transfers of administrative jurisdiction under 

22 this subsection shall not be subject to reimburse23 ment or consideration. 

24 (4) COMPLIANCE WITH AGREEMENT.— 
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1 (A) AGREEMENT.—The National Park 

2 Service and the Federal Highway Administra3 tion shall comply with all terms and conditions 

4 of the agreement entered into by the parties on 

5 September 11, 2002, regarding the transfer of 

6 administrative jurisdiction, management, and 

7 maintenance of the land described in the agree8 ment. 

9 (B) ACCESS TO RESTRICTED LAND.— 

10 (i) IN GENERAL.—Subject to the 

11 terms of the agreement described in sub12 paragraph (A), the Secretary shall allow 

13 the Research Center— 

14 (I) to access the Federal land de15 scribed in paragraph (1)(B) for pur16 poses of transportation to and from 

17 the Research Center; and 

18 (II) to access the Federal land 

19 described in paragraphs (1)(B) and 

20 (2) for purposes of maintenance in ac21 cordance with National Park Service 

22 standards, including grass mowing, 

23 weed control, tree maintenance, fence 

24 maintenance, and maintenance of the 

25 visual appearance of the Federal land. 
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1 (c) MANAGEMENT OF TRANSFERRED LAND.— 

2 (1) INTERIOR LAND.—The Federal land trans3 ferred to the Secretary under subsection (b)(1)(B) 

4 shall be— 

5 (A) included in the boundary of the George 

6 Washington Memorial Parkway; and 

7 (B) administered by the Secretary as part 

8 of the George Washington Memorial Parkway, 

9 subject to applicable laws (including regula10 tions). 

11 (2) TRANSPORTATION LAND.—The Federal 

12 land transferred to the Secretary of Transportation 

13 under subsection (b)(1)(A) shall be— 

14 (A) included in the boundary of the Re15 search Center land; and 

16 (B) removed from the boundary of the 

17 George Washington Memorial Parkway. 

18 (3) RESTRICTED-USE LAND.—The Federal land 

19 that the Secretary has designated for restricted use 

20 under subsection (b)(2) shall be maintained by the 

21 Research Center. 

22 (d) MAP ON FILE.—The Map shall be available for 

23 public inspection in the appropriate offices of the National 

24 Park Service. 
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1 TITLE X—NATURAL RESOURCES 

2 Subtitle A—Land Conveyances and 

3 Related Matters 

4 SEC. 10001. ARAPAHO NATIONAL FOREST BOUNDARY AD5 JUSTMENT. 

6 (a) IN GENERAL.—The boundary of the Arapaho Na7 tional Forest in the State of Colorado is adjusted to incor8 porate the approximately 92.95 acres of land generally de9 picted as ‘‘The Wedge’’ on the map entitled ‘‘Arapaho Na10 tional Forest Boundary Adjustment’’ and dated November 

11 6, 2013, and described as lots three, four, eight, and nine 

12 of section 13, Township 4 North, Range 76 West, Sixth 

13 Principal Meridian, Colorado. A lot described in this sub14 section may be included in the boundary adjustment only 

15 after the Secretary of Agriculture obtains written permis16 sion for such action from the lot owner or owners. 

17 (b) BOWEN GULCH PROTECTION AREA.—The Sec18 retary of Agriculture shall include all Federal land within 

19 the boundary described in subsection (a) in the Bowen 

20 Gulch Protection Area established under section 6 of the 

21 Colorado Wilderness Act of 1993 (16 U.S.C. 539j). 

22 (c) LAND AND WATER CONSERVATION FUND.—For 

23 purposes of section 200306(a)(2)(B)(i) of title 54, United 

24 States Code, the boundaries of the Arapaho National For25 est, as modified under subsection (a), shall be considered 
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1 to be the boundaries of the Arapaho National Forest as 

2 in existence on January 1, 1965. 

3 (d) PUBLIC MOTORIZED USE.—Nothing in this sec4 tion opens privately owned lands within the boundary de5 scribed in subsection (a) to public motorized use. 

6 (e) ACCESS TO NON-FEDERAL LANDS.—Notwith7 standing the provisions of section 6(f) of the Colorado Wil8 derness Act of 1993 (16 U.S.C. 539j(f)) regarding motor9 ized travel, the owners of any non-Federal lands within 

10 the boundary described in subsection (a) who historically 

11 have accessed their lands through lands now or hereafter 

12 owned by the United States within the boundary described 

13 in subsection (a) shall have the continued right of motor14 ized access to their lands across the existing roadway. 

15 SEC. 10002. LAND CONVEYANCE, ELKHORN RANCH AND 

16 WHITE RIVER NATIONAL FOREST, COLO17 RADO. 

18 (a) LAND CONVEYANCE REQUIRED.—Consistent with 

19 the purpose of the Act of March 3, 1909 (43 U.S.C. 772), 

20 all right, title, and interest of the United States (subject 

21 to subsection (b)) in and to a parcel of land consisting 

22 of approximately 148 acres as generally depicted on the 

23 map entitled ‘‘Elkhorn Ranch Land Parcel–White River 

24 National Forest’’ and dated March 2015 shall be conveyed 

25 by patent to the Gordman-Leverich Partnership, a Colo-
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1 rado Limited Liability Partnership (in this section re2 ferred to as ‘‘GLP’’). 

3 (b) EXISTING RIGHTS.—The conveyance under sub4 section (a)— 

5 (1) is subject to the valid existing rights of the 

6 lessee of Federal oil and gas lease COC–75070 and 

7 any other valid existing rights; and 

8 (2) shall reserve to the United States the right 

9 to collect rent and royalty payments on the lease re10 ferred to in paragraph (1) for the duration of the 

11 lease. 

12 (c) EXISTING BOUNDARIES.—The conveyance under 

13 subsection (a) does not modify the exterior boundary of 

14 the White River National Forest or the boundaries of Sec15 tions 18 and 19 of Township 7 South, Range 93 West, 

16 Sixth Principal Meridian, Colorado, as such boundaries 

17 are in effect on the date of the enactment of this Act. 

18 (d) TIME FOR CONVEYANCE; PAYMENT OF COSTS.— 

19 The conveyance directed under subsection (a) shall be 

20 completed not later than 180 days after the date of the 

21 enactment of this Act. The conveyance shall be without 

22 consideration, except that all costs incurred by the Sec23 retary of the Interior relating to any survey, platting, legal 

24 description, or other activities carried out to prepare and 
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1 issue the patent shall be paid by GLP to the Secretary 

2 prior to the land conveyance. 

3 SEC. 10003. LAND EXCHANGE IN CRAGS, COLORADO. 

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

5 (1) to authorize, direct, expedite, and facilitate 

6 the land exchange set forth herein; and 

7 (2) to promote enhanced public outdoor rec8 reational and natural resource conservation opportu9 nities in the Pike National Forest near Pikes Peak, 

10 Colorado, via acquisition of the non-Federal land 

11 and trail easement. 

12 (b) DEFINITIONS.—In this section: 

13 (1) BHI.—The term ‘‘BHI’’ means Broadmoor 

14 Hotel, Inc., a Colorado corporation. 

15 (2) FEDERAL LAND.—The term ‘‘Federal land’’ 

16 means all right, title, and interest of the United 

17 States in and to approximately 83 acres of land 

18 within the Pike National Forest, El Paso County, 

19 Colorado, together with a non-exclusive perpetual ac20 cess easement to BHI to and from such land on 

21 Forest Service Road 371, as generally depicted on 

22 the map entitled ‘‘Proposed Crags Land Exchange– 

23 Federal Parcel–Emerald Valley Ranch’’, dated 

24 March 2015. 
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1 (3) NON-FEDERAL LAND.—The term ‘‘non-Fed2 eral land’’ means the land and trail easement to be 

3 conveyed to the Secretary by BHI in the exchange 

4 and is— 

5 (A) approximately 320 acres of land within 

6 the Pike National Forest, Teller County, Colo7 rado, as generally depicted on the map entitled 

8 ‘‘Proposed Crags Land Exchange–Non-Federal 

9 Parcel–Crags Property’’, dated March 2015; 

10 and 

11 (B) a permanent trail easement for the 

12 Barr Trail in El Paso County, Colorado, as 

13 generally depicted on the map entitled ‘‘Pro14 posed Crags Land Exchange–Barr Trail Ease15 ment to United States’’, dated March 2015, 

16 and which shall be considered as a voluntary 

17 donation to the United States by BHI for all 

18 purposes of law. 

19 (4) SECRETARY.—The term ‘‘Secretary’’ means 

20 the Secretary of Agriculture, unless otherwise speci21 fied. 

22 (c) LAND EXCHANGE.— 

23 (1) IN GENERAL.—If BHI offers to convey to 

24 the Secretary all right, title, and interest of BHI in 

25 and to the non-Federal land, the Secretary shall ac-
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1 cept the offer and simultaneously convey to BHI the 

2 Federal land. 

3 (2) LAND TITLE.—Title to the non-Federal 

4 land conveyed and donated to the Secretary under 

5 this section shall be acceptable to the Secretary and 

6 shall conform to the title approval standards of the 

7 Attorney General of the United States applicable to 

8 land acquisitions by the Federal Government. 

9 (3) PERPETUAL ACCESS EASEMENT TO BHI.— 

10 The nonexclusive perpetual access easement to be 

11 granted to BHI as shown on the map referred to in 

12 subsection (b)(2) shall allow— 

13 (A) BHI to fully maintain, at BHI’s ex14 pense, and use Forest Service Road 371 from 

15 its junction with Forest Service Road 368 in 

16 accordance with historic use and maintenance 

17 patterns by BHI; and 

18 (B) full and continued public and adminis19 trative access and use of FSR 371 in accord20 ance with the existing Forest Service travel 

21 management plan, or as such plan may be re22 vised by the Secretary. 

23 (4) ROUTE AND CONDITION OF ROAD.—BHI 

24 and the Secretary may mutually agree to improve, 

25 relocate, reconstruct, or otherwise alter the route 
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1 and condition of all or portions of such road as the 

2 Secretary, in close consultation with BHI, may de3 termine advisable. 

4 (5) EXCHANGE COSTS.—BHI shall pay for all 

5 land survey, appraisal, and other costs to the Sec6 retary as may be necessary to process and consum7 mate the exchange directed by this section, including 

8 reimbursement to the Secretary, if the Secretary so 

9 requests, for staff time spent in such processing and 

10 consummation. 

11 (d) EQUAL VALUE EXCHANGE AND APPRAISALS.— 

12 (1) APPRAISALS.—The values of the lands to be 

13 exchanged under this section shall be determined by 

14 the Secretary through appraisals performed in ac15 cordance with— 

16 (A) the Uniform Appraisal Standards for 

17 Federal Land Acquisitions; 

18 (B) the Uniform Standards of Professional 

19 Appraisal Practice; 

20 (C) appraisal instructions issued by the 

21 Secretary; and 

22 (D) shall be performed by an appraiser 

23 mutually agreed to by the Secretary and BHI. 

24 (2) EQUAL VALUE EXCHANGE.—The values of 

25 the Federal and non-Federal land parcels exchanged 
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1 shall be equal, or if they are not equal, shall be 

2 equalized as follows: 

3 (A) SURPLUS OF FEDERAL LAND

4 VALUE.—If the final appraised value of the 

5 Federal land exceeds the final appraised value 

6 of the non-Federal land parcel identified in sub7 section (b)(3)(A), BHI shall make a cash 

8 equalization payment to the United States as 

9 necessary to achieve equal value, including, if 

10 necessary, an amount in excess of that author11 ized pursuant to section 206(b) of the Federal 

12 Land Policy and Management Act of l976 (43 

13 U.S.C. 1716(b)). 

14 (B) USE OF FUNDS.—Any cash equali15 zation moneys received by the Secretary under 

16 subparagraph (A) shall be— 

17 (i) deposited in the fund established 

18 under Public Law 90–171 (commonly 

19 known as the ‘‘Sisk Act’’; 16 U.S.C. 484a); 

20 and 

21 (ii) made available to the Secretary 

22 for the acquisition of land or interests in 

23 land in Region 2 of the Forest Service. 

24 (C) SURPLUS OF NON-FEDERAL LAND

25 VALUE.—If the final appraised value of the 
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1 non-Federal land parcel identified in subsection 

2 (b)(3)(A) exceeds the final appraised value of 

3 the Federal land, the United States shall not 

4 make a cash equalization payment to BHI, and 

5 surplus value of the non-Federal land shall be 

6 considered a donation by BHI to the United 

7 States for all purposes of law. 

8 (3) APPRAISAL EXCLUSIONS.— 

9 (A) SPECIAL USE PERMIT.—The appraised 

10 value of the Federal land parcel shall not reflect 

11 any increase or diminution in value due to the 

12 special use permit existing on the date of the 

13 enactment of this Act to BHI on the parcel and 

14 improvements thereunder. 

15 (B) BARR TRAIL EASEMENT.—The Barr 

16 Trail easement donation identified in subsection 

17 (b)(3)(B) shall not be appraised for purposes of 

18 this section. 

19 (e) MISCELLANEOUS PROVISIONS.— 

20 (1) WITHDRAWAL PROVISIONS.— 

21 (A) WITHDRAWAL.—Lands acquired by 

22 the Secretary under this section shall, without 

23 further action by the Secretary, be permanently 

24 withdrawn from all forms of appropriation and 

25 disposal under the public land laws (including 
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1 the mining and mineral leasing laws) and the 

2 Geothermal Steam Act of 1930 (30 U.S.C. 

3 1001 et seq.). 

4 (B) WITHDRAWAL REVOCATION.—Any 

5 public land order that withdraws the Federal 

6 land from appropriation or disposal under a 

7 public land law shall be revoked to the extent 

8 necessary to permit disposal of the Federal land 

9 parcel to BHI. 

10 (C) WITHDRAWAL OF FEDERAL LAND.— 

11 All Federal land authorized to be exchanged 

12 under this section, if not already withdrawn or 

13 segregated from appropriation or disposal under 

14 the public lands laws upon enactment of this 

15 Act, is hereby so withdrawn, subject to valid ex16 isting rights, until the date of conveyance of the 

17 Federal land to BHI. 

18 (2) POSTEXCHANGE LAND MANAGEMENT.— 

19 Land acquired by the Secretary under this section 

20 shall become part of the Pike-San Isabel National 

21 Forest and be managed in accordance with the laws, 

22 rules, and regulations applicable to the National 

23 Forest System. 

24 (3) EXCHANGE TIMETABLE.—It is the intent of 

25 Congress that the land exchange directed by this 
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1 section be consummated no later than 1 year after 

2 the date of the enactment of this Act. 

3 (4) MAPS, ESTIMATES, AND DESCRIPTIONS.— 

4 (A) MINOR ERRORS.—The Secretary and 

5 BHI may by mutual agreement make minor 

6 boundary adjustments to the Federal and non7 Federal lands involved in the exchange, and 

8 may correct any minor errors in any map, acre9 age estimate, or description of any land to be 

10 exchanged. 

11 (B) CONFLICT.—If there is a conflict be12 tween a map, an acreage estimate, or a descrip13 tion of land under this section, the map shall 

14 control unless the Secretary and BHI mutually 

15 agree otherwise. 

16 (C) AVAILABILITY.—Upon enactment of 

17 this Act, the Secretary shall file and make 

18 available for public inspection in the head19 quarters of the Pike-San Isabel National Forest 

20 a copy of all maps referred to in this section. 

SEC. 10004. CERRO DEL YUTA AND RI 21  ́O SAN ANTONIO WIL22 DERNESS AREAS. 

23 (a) DEFINITIONS.—In this section: 

24 (1) MAP.—The term ‘‘map’’ means the map en25 titled ‘‘Rı ́o Grande del Norte National Monument 
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1 Proposed Wilderness Areas’’ and dated July 28, 

2 2015. 

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

4 the Secretary of the Interior. 

5 (3) WILDERNESS AREA.—The term ‘‘wilderness 

6 area’’ means a wilderness area designated by sub7 section (b)(1). 

8 (b) DESIGNATION OF CERRO DEL YUTA AND R ́IO

9 SAN ANTONIO WILDERNESS AREAS.— 

10 (1) IN GENERAL.—In accordance with the Wil11 derness Act (16 U.S.C. 1131 et seq.), the following 

12 areas in the Rı ́o Grande del Norte National Monu13 ment are designated as wilderness and as compo14 nents of the National Wilderness Preservation Sys15 tem: 

16 (A) CERRO DEL YUTA WILDERNESS.—Cer17 tain land administered by the Bureau of Land 

18 Management in Taos County, New Mexico, 

19 comprising approximately 13,420 acres as gen20 erally depicted on the map, which shall be 

21 known as the ‘‘Cerro del Yuta Wilderness’’. 

22 (B) R ́IO SAN ANTONIO WILDERNESS.—Cer23 tain land administered by the Bureau of Land 

24 Management in Rı ́o Arriba County, New Mex25 ico, comprising approximately 8,120 acres, as 
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1 generally depicted on the map, which shall be 

2 known as the ‘‘Rı ́o San Antonio Wilderness’’. 

3 (2) MANAGEMENT OF WILDERNESS AREAS.— 

4 Subject to valid existing rights, the wilderness areas 

5 shall be administered in accordance with the Wilder6 ness Act (16 U.S.C. 1131 et seq.) and this section, 

7 except that with respect to the wilderness areas des8 ignated by this subsection— 

9 (A) any reference to the effective date of 

10 the Wilderness Act shall be considered to be a 

11 reference to the date of enactment of this Act; 

12 and 

13 (B) any reference in the Wilderness Act to 

14 the Secretary of Agriculture shall be considered 

15 to be a reference to the Secretary. 

16 (3) INCORPORATION OF ACQUIRED LAND AND

17 INTERESTS IN LAND.—Any land or interest in land 

18 within the boundary of the wilderness areas that is 

19 acquired by the United States shall— 

20 (A) become part of the wilderness area in 

21 which the land is located; and 

22 (B) be managed in accordance with— 

23 (i) the Wilderness Act (16 U.S.C. 

24 1131 et seq.); 

25 (ii) this section; and 
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1 (iii) any other applicable laws. 

2 (4) GRAZING.—Grazing of livestock in the wil3 derness areas, where established before the date of 

4 enactment of this Act, shall be administered in ac5 cordance with— 

6 (A) section 4(d)(4) of the Wilderness Act 

7 (16 U.S.C. 1133(d)(4)); and 

8 (B) the guidelines set forth in appendix A 

9 of the Report of the Committee on Interior and 

10 Insular Affairs to accompany H.R. 2570 of the 

11 101st Congress (H. Rept. 101–405). 

12 (5) BUFFER ZONES.— 

13 (A) IN GENERAL.—Nothing in this section 

14 creates a protective perimeter or buffer zone 

15 around the wilderness areas. 

16 (B) ACTIVITIES OUTSIDE WILDERNESS

17 AREAS.—The fact that an activity or use on 

18 land outside a wilderness area can be seen or 

19 heard within the wilderness area shall not pre20 clude the activity or use outside the boundary 

21 of the wilderness area. 

22 (6) RELEASE OF WILDERNESS STUDY AREAS.— 

23 Congress finds that, for purposes of section 603(c) 

24 of the Federal Land Policy and Management Act of 

25 1976 (43 U.S.C. 1782(c)), the public land within the 
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1 San Antonio Wilderness Study Area not designated 

2 as wilderness by this subsection— 

3 (A) has been adequately studied for wilder4 ness designation; 

5 (B) is no longer subject to section 603(c) 

6 of the Federal Land Policy and Management 

7 Act of 1976 (43 U.S.C. 1782(c)); and 

8 (C) shall be managed in accordance with 

9 this section. 

10 (7) MAPS AND LEGAL DESCRIPTIONS.— 

11 (A) IN GENERAL.—As soon as practicable 

12 after the date of enactment of this Act, the Sec13 retary shall file the map and legal descriptions 

14 of the wilderness areas with— 

15 (i) the Committee on Energy and 

16 Natural Resources of the Senate; and 

17 (ii) the Committee on Natural Re18 sources of the House of Representatives. 

19 (B) FORCE OF LAW.—The map and legal 

20 descriptions filed under subparagraph (A) shall 

21 have the same force and effect as if included in 

22 this section, except that the Secretary may cor23 rect errors in the legal description and map. 

24 (C) PUBLIC AVAILABILITY.—The map and 

25 legal descriptions filed under subparagraph (A) 
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1 shall be on file and available for public inspec2 tion in the appropriate offices of the Bureau of 

3 Land Management. 

4 (8) NATIONAL LANDSCAPE CONSERVATION SYS5 TEM.—The wilderness areas shall be administered as 

6 components of the National Landscape Conservation 

7 System. 

8 (9) FISH AND WILDLIFE.—Nothing in this sec9 tion affects the jurisdiction of the State of New 

10 Mexico with respect to fish and wildlife located on 

11 public land in the State. 

12 (10) WITHDRAWALS.—Subject to valid existing 

13 rights, any Federal land within the wilderness areas 

14 designated by paragraph (1), including any land or 

15 interest in land that is acquired by the United 

16 States after the date of enactment of this Act, is 

17 withdrawn from— 

18 (A) entry, appropriation, or disposal under 

19 the public land laws; 

20 (B) location, entry, and patent under the 

21 mining laws; and 

22 (C) operation of the mineral leasing, min23 eral materials, and geothermal leasing laws. 
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1 (11) TREATY RIGHTS.—Nothing in this section 

2 enlarges, diminishes, or otherwise modifies any trea3 ty rights. 

4 SEC. 10005. CLARIFICATION RELATING TO A CERTAIN LAND 

5 DESCRIPTION UNDER THE NORTHERN ARI6 ZONA LAND EXCHANGE AND VERDE RIVER 

7 BASIN PARTNERSHIP ACT OF 2005. 

8 Section 104(a)(5) of the Northern Arizona Land Ex9 change and Verde River Basin Partnership Act of 2005 

10 (Public Law 109–110; 119 Stat. 2356) is amended by in11 serting before the period at the end ‘‘, which, notwithstanding section 102(a)(4)(B), includes the N1⁄2, NE1 12 ⁄4, 

SW1⁄4, SW1⁄4, the N1⁄2, N1⁄2, SE1⁄4, SW1⁄4, and the N1 13 ⁄2, 

N1⁄2, SW1⁄4, SE1 14 ⁄4, sec. 34, T. 22 N., R. 2 E., Gila and 

15 Salt River Meridian, Coconino County, comprising ap16 proximately 25 acres’’. 

17 SEC. 10006. COOPER SPUR LAND EXCHANGE CLARIFICA18 TION AMENDMENTS. 

19 Section 1206(a) of the Omnibus Public Land Man20 agement Act of 2009 (Public Law 111–11; 123 Stat. 

21 1018) is amended— 

22 (1) in paragraph (1)— 

23 (A) in subparagraph (C), by striking ‘‘120 

24 acres’’ and inserting ‘‘107 acres’’; and 
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1 (B) in subparagraph (E)(ii), by inserting 

2 ‘‘improvements,’’ after ‘‘buildings,’’; and 

3 (2) in paragraph (2)— 

4 (A) in subparagraph (D)— 

5 (i) in clause (i), by striking ‘‘As soon 

6 as practicable after the date of enactment 

7 of this Act, the Secretary and Mt. Hood 

8 Meadows shall select’’ and inserting ‘‘Not 

9 later than 120 days after the date of the 

10 enactment of the Energy Policy Mod11 ernization Act of 2016, the Secretary and 

12 Mt. Hood Meadows shall jointly select’’; 

13 (ii) in clause (ii), in the matter pre14 ceding subclause (I), by striking ‘‘An ap15 praisal under clause (i) shall’’ and insert16 ing ‘‘Except as provided under clause (iii), 

17 an appraisal under clause (i) shall assign a 

18 separate value to each tax lot to allow for 

19 the equalization of values and’’; and 

20 (iii) by adding at the end the fol21 lowing: 

22 ‘‘(iii) FINAL APPRAISED VALUE.— 

23 ‘‘(I) IN GENERAL.—Subject to 

24 subclause (II), after the final ap25 praised value of the Federal land and 
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1 the non-Federal land are determined 

2 and approved by the Secretary, the 

3 Secretary shall not be required to re4 appraise or update the final appraised 

5 value for a period of up to 3 years, 

6 beginning on the date of the approval 

7 by the Secretary of the final appraised 

8 value. 

9 ‘‘(II) EXCEPTION.—Subclause (I) 

10 shall not apply if the condition of ei11 ther the Federal land or the non-Fed12 eral land referred to in subclause (I) 

13 is significantly and substantially al14 tered by fire, windstorm, or other 

15 events. 

16 ‘‘(iv) PUBLIC REVIEW.—Before com17 pleting the land exchange under this Act, 

18 the Secretary shall make available for pub19 lic review the complete appraisals of the 

20 land to be exchanged.’’; and 

21 (B) by striking subparagraph (G) and in22 serting the following: 

23 ‘‘(G) REQUIRED CONVEYANCE CONDI24 TIONS.—Prior to the exchange of the Federal 

25 and non-Federal land— 
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1 ‘‘(i) the Secretary and Mt. Hood 

2 Meadows may mutually agree for the Sec3 retary to reserve a conservation easement 

4 to protect the identified wetland in accord5 ance with applicable law, subject to the re6 quirements that— 

7 ‘‘(I) the conservation easement 

8 shall be consistent with the terms of 

9 the September 30, 2015, mediation 

10 between the Secretary and Mt. Hood 

11 Meadows; and 

12 ‘‘(II) in order to take effect, the 

13 conservation easement shall be final14 ized not later than 120 days after the 

15 date of enactment of the Energy Pol16 icy Modernization Act of 2016; and 

17 ‘‘(ii) the Secretary shall reserve a 24- 

18 foot-wide nonexclusive trail easement at 

19 the existing trail locations on the Federal 

20 land that retains for the United States ex21 isting rights to construct, reconstruct, 

22 maintain, and permit nonmotorized use by 

23 the public of existing trails subject to the 

24 right of the owner of the Federal land— 
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1 ‘‘(I) to cross the trails with 

2 roads, utilities, and infrastructure fa3 cilities; and 

4 ‘‘(II) to improve or relocate the 

5 trails to accommodate development of 

6 the Federal land. 

7 ‘‘(H) EQUALIZATION OF VALUES.— 

8 ‘‘(i) IN GENERAL.—Notwithstanding 

9 subparagraph (A), in addition to or in lieu 

10 of monetary compensation, a lesser area of 

11 Federal land or non-Federal land may be 

12 conveyed if necessary to equalize appraised 

13 values of the exchange properties, without 

14 limitation, consistent with the require15 ments of this Act and subject to the ap16 proval of the Secretary and Mt. Hood 

17 Meadows. 

18 ‘‘(ii) TREATMENT OF CERTAIN COM19 PENSATION OR CONVEYANCES AS DONA20 TION.—If, after payment of compensation 

21 or adjustment of land area subject to ex22 change under this Act, the amount by 

23 which the appraised value of the land and 

24 other property conveyed by Mt. Hood 

25 Meadows under subparagraph (A) exceeds 
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1 the appraised value of the land conveyed 

2 by the Secretary under subparagraph (A) 

3 shall be considered a donation by Mt. 

4 Hood Meadows to the United States.’’. 

5 SEC. 10007. EXPEDITED ACCESS TO CERTAIN FEDERAL 

6 LAND. 

7 (a) DEFINITIONS.—In this section: 

8 (1) ELIGIBLE.—The term ‘‘eligible’’, with re9 spect to an organization or individual, means that 

10 the organization or individual, respectively, is— 

11 (A) acting in a not-for-profit capacity; and 

12 (B) composed entirely of members who, at 

13 the time of the good Samaritan search-and-re14 covery mission, have attained the age of major15 ity under the law of the State where the mis16 sion takes place. 

17 (2) GOOD SAMARITAN SEARCH-AND-RECOVERY

18 MISSION.—The term ‘‘good Samaritan search-and19 recovery mission’’ means a search conducted by an 

20 eligible organization or individual for 1 or more 

21 missing individuals believed to be deceased at the 

22 time that the search is initiated. 

23 (3) SECRETARY.—The term ‘‘Secretary’’ means 

24 the Secretary of the Interior or the Secretary of Ag25 riculture, as applicable. 
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1 (b) PROCESS.— 

2 (1) IN GENERAL.—Each Secretary shall develop 

3 and implement a process to expedite access to Fed4 eral land under the administrative jurisdiction of the 

5 Secretary for eligible organizations and individuals 

6 to request access to Federal land to conduct good 

7 Samaritan search-and-recovery missions. 

8 (2) INCLUSIONS.—The process developed and 

9 implemented under this subsection shall include pro10 visions to clarify that— 

11 (A) an eligible organization or individual 

12 granted access under this section— 

13 (i) shall be acting for private pur14 poses; and 

15 (ii) shall not be considered to be a 

16 Federal volunteer; 

17 (B) an eligible organization or individual 

18 conducting a good Samaritan search-and-recov19 ery mission under this section shall not be con20 sidered to be a volunteer under section 

21 102301(c) of title 54, United States Code; 

22 (C) chapter 171 of title 28, United States 

23 Code (commonly known as the ‘‘Federal Tort 

24 Claims Act’’), shall not apply to an eligible or25 ganization or individual carrying out a privately 
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1 requested good Samaritan search-and-recovery 

2 mission under this section; and 

3 (D) chapter 81 of title 5, United States 

4 Code (commonly known as the ‘‘Federal Em5 ployees Compensation Act’’), shall not apply to 

6 an eligible organization or individual conducting 

7 a good Samaritan search-and-recovery mission 

8 under this section, and the conduct of the good 

9 Samaritan search-and-recovery mission shall 

10 not constitute civilian employment. 

11 (c) RELEASE OF FEDERAL GOVERNMENT FROM LI12 ABILITY.—The Secretary shall not require an eligible or13 ganization or individual to have liability insurance as a 

14 condition of accessing Federal land under this section, if 

15 the eligible organization or individual— 

16 (1) acknowledges and consents, in writing, to 

17 the provisions described in subparagraphs (A) 

18 through (D) of subsection (b)(2); and 

19 (2) signs a waiver releasing the Federal Gov20 ernment from all liability relating to the access 

21 granted under this section and agrees to indemnify 

22 and hold harmless the United States from any 

23 claims or lawsuits arising from any conduct by the 

24 eligible organization or individual on Federal land. 

25 (d) APPROVAL AND DENIAL OF REQUESTS.— 
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1 (1) IN GENERAL.—The Secretary shall notify 

2 an eligible organization or individual of the approval 

3 or denial of a request by the eligible organization or 

4 individual to carry out a good Samaritan search5 and-recovery mission under this section by not later 

6 than 48 hours after the request is made. 

7 (2) DENIALS.—If the Secretary denies a re8 quest from an eligible organization or individual to 

9 carry out a good Samaritan search-and-recovery mis10 sion under this section, the Secretary shall notify the 

11 eligible organization or individual of— 

12 (A) the reason for the denial of the re13 quest; and 

14 (B) any actions that the eligible organiza15 tion or individual can take to meet the require16 ments for the request to be approved. 

17 (e) PARTNERSHIPS.—Each Secretary shall develop 

18 search-and-recovery-focused partnerships with search-and19 recovery organizations— 

20 (1) to coordinate good Samaritan search-and21 recovery missions on Federal land under the admin22 istrative jurisdiction of the Secretary; and 

23 (2) to expedite and accelerate good Samaritan 

24 search-and-recovery mission efforts for missing indi-
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1 viduals on Federal land under the administrative ju2 risdiction of the Secretary. 

3 (f) REPORT.—Not later than 180 days after the date 

4 of enactment of this Act, the Secretaries shall submit to 

5 Congress a joint report describing— 

6 (1) plans to develop partnerships described in 

7 subsection (e)(1); and 

8 (2) efforts carried out to expedite and accel9 erate good Samaritan search-and-recovery mission 

10 efforts for missing individuals on Federal land under 

11 the administrative jurisdiction of each Secretary 

12 pursuant to subsection (e)(2). 

13 SEC. 10008. BLACK HILLS NATIONAL CEMETERY BOUNDARY 

14 MODIFICATION. 

15 (a) DEFINITIONS.—In this section: 

16 (1) CEMETERY.—The term ‘‘Cemetery’’ means 

17 the Black Hills National Cemetery in Sturgis, South 

18 Dakota. 

19 (2) FEDERAL LAND.—The term ‘‘Federal land’’ 

20 means the approximately 200 acres of Bureau of 

21 Land Management land adjacent to the Cemetery, 

22 generally depicted as ‘‘Proposed National Cemetery 

23 Expansion’’ on the map entitled ‘‘Proposed Expan24 sion of Black Hills National Cemetery-South Da25 kota’’ and dated September 28, 2015. 
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1 (3) SECRETARY.—The term ‘‘Secretary’’ means 

2 the Secretary of the Interior. 

3 (b) TRANSFER AND WITHDRAWAL OF BUREAU OF

4 LAND MANAGEMENT LAND FOR CEMETERY USE.— 

5 (1) TRANSFER OF ADMINISTRATIVE JURISDIC6 TION.— 

7 (A) IN GENERAL.—Subject to valid exist8 ing rights, administrative jurisdiction over the 

9 Federal land is transferred from the Secretary 

10 to the Secretary of Veterans Affairs for use as 

11 a national cemetery in accordance with chapter 

12 24 of title 38, United States Code. 

13 (B) LEGAL DESCRIPTIONS.— 

14 (i) IN GENERAL.—As soon as prac15 ticable after the date of enactment of this 

16 Act, the Secretary shall publish in the Fed17 eral Register a notice containing a legal 

18 description of the Federal land. 

19 (ii) EFFECT.—A legal description 

20 published under clause (i) shall have the 

21 same force and effect as if included in this 

22 section, except that the Secretary may cor23 rect any clerical and typographical errors 

24 in the legal description. 
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1 (iii) AVAILABILITY.—Copies of the 

2 legal description published under clause (i) 

3 shall be available for public inspection in 

4 the appropriate offices of— 

5 (I) the Bureau of Land Manage6 ment; and 

7 (II) the National Cemetery Ad8 ministration. 

9 (iv) COSTS.—The Secretary of Vet10 erans Affairs shall reimburse the Secretary 

11 for the costs incurred by the Secretary in 

12 carrying out this subparagraph, including 

13 the costs of any surveys and other reason14 able costs. 

15 (2) WITHDRAWAL.—Subject to valid existing 

16 rights, for any period during which the Federal land 

17 is under the administrative jurisdiction of the Sec18 retary of Veterans Affairs, the Federal land— 

19 (A) is withdrawn from all forms of appro20 priation under the public land laws, including 

21 the mining laws, the mineral leasing laws, and 

22 the geothermal leasing laws; and 

23 (B) shall be treated as property as defined 

24 under section 102(9) of title 40, United States 

25 Code. 
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1 (3) BOUNDARY MODIFICATION.—The boundary 

2 of the Cemetery is modified to include the Federal 

3 land. 

4 (4) MODIFICATION OF PUBLIC LAND ORDER.— 

5 Public Land Order 2112, dated June 6, 1960 (25 

6 Fed. Reg. 5243), is modified to exclude the Federal 

7 land. 

8 (c) SUBSEQUENT TRANSFER OF ADMINISTRATIVE

9 JURISDICTION.— 

10 (1) NOTICE.—On a determination by the Sec11 retary of Veterans Affairs that all or a portion of 

12 the Federal land is not being used for purposes of 

13 the Cemetery, the Secretary of Veterans Affairs 

14 shall notify the Secretary of the determination. 

15 (2) TRANSFER OF ADMINISTRATIVE JURISDIC16 TION.—Subject to paragraphs (3) and (4), the Sec17 retary of Veterans Affairs shall transfer to the Sec18 retary administrative jurisdiction over the Federal 

19 land subject to a notice under paragraph (1). 

20 (3) DECONTAMINATION.—The Secretary of Vet21 erans Affairs shall be responsible for the costs of 

22 any decontamination of the Federal land subject to 

23 a notice under paragraph (1) that the Secretary de24 termines to be necessary for the Federal land to be 

25 restored to public land status. 
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1 (4) RESTORATION TO PUBLIC LAND STATUS.— 

2 The Federal land subject to a notice under para3 graph (1) shall only be restored to public land status 

4 on— 

5 (A) acceptance by the Secretary of the 

6 Federal land subject to the notice; and 

7 (B) a determination by the Secretary that 

8 the Federal land subject to the notice is suit9 able for— 

10 (i) restoration to public land status; 

11 and 

12 (ii) the operation of 1 or more of the 

13 public land laws with respect to the Fed14 eral land. 

15 (5) ORDER.—If the Secretary accepts the Fed16 eral land under paragraph (4)(A) and makes a de17 termination of suitability under paragraph (4)(B), 

18 the Secretary may— 

19 (A) open the accepted Federal land to op20 eration of 1 or more of the public land laws; 

21 and 

22 (B) issue an order to carry out the opening 

23 authorized under subparagraph (A). 
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1 Subtitle B—National Park Manage2 ment, Studies, and Related Mat3 ters 

4 SEC. 10101. REFUND OF FUNDS USED BY STATES TO OPER5 ATE NATIONAL PARKS DURING SHUTDOWN. 

6 (a) IN GENERAL.—The Director of the National 

7 Park Service shall refund to each State all funds of the 

8 State that were used to reopen and temporarily operate 

9 a unit of the National Park System during the period in 

10 October 2013 in which there was a lapse in appropriations 

11 for the unit. 

12 (b) FUNDING.—Funds of the National Park Service 

13 that are appropriated after the date of enactment of this 

14 Act shall be used to carry out this section. 

15 SEC. 10102. LOWER FARMINGTON AND SALMON BROOK 

16 RECREATIONAL RIVERS. 

17 (a) DESIGNATION.—Section 3(a) of the Wild and 

18 Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by add19 ing at the end the following new paragraph: 

20 ‘‘(213) LOWER FARMINGTON RIVER AND SALM21 ON BROOK, CONNECTICUT.—Segments of the main 

22 stem and its tributary, Salmon Brook, totaling ap23 proximately 62 miles, to be administered by the Sec24 retary of the Interior as follows: 
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1 ‘‘(A) The approximately 27.2-mile segment 

2 of the Farmington River beginning 0.2 miles 

3 below the tailrace of the Lower Collinsville Dam 

4 and extending to the site of the Spoonville Dam 

5 in Bloomfield and East Granby as a rec6 reational river. 

7 ‘‘(B) The approximately 8.1-mile segment 

8 of the Farmington River extending from 0.5 

9 miles below the Rainbow Dam to the confluence 

10 with the Connecticut River in Windsor as a rec11 reational river. 

12 ‘‘(C) The approximately 2.4-mile segment 

13 of the main stem of Salmon Brook extending 

14 from the confluence of the East and West 

15 Branches to the confluence with the Farm16 ington River as a recreational river. 

17 ‘‘(D) The approximately 12.6-mile segment 

18 of the West Branch of Salmon Brook extending 

19 from its headwaters in Hartland, Connecticut 

20 to its confluence with the East Branch of Salm21 on Brook as a recreational river. 

22 ‘‘(E) The approximately 11.4-mile segment 

23 of the East Branch of Salmon Brook extending 

24 from the Massachusetts-Connecticut State line 
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1 to the confluence with the West Branch of 

2 Salmon Brook as a recreational river.’’. 

3 (b) MANAGEMENT.— 

4 (1) IN GENERAL.—The river segments des5 ignated by subsection (a) shall be managed in ac6 cordance with the management plan and such 

7 amendments to the management plan as the Sec8 retary determines are consistent with this section. 

9 The management plan shall be deemed to satisfy the 

10 requirements for a comprehensive management plan 

11 pursuant to section 3(d) of the Wild and Scenic Riv12 ers Act (16 U.S.C. 1274(d)). 

13 (2) COMMITTEE.—The Secretary shall coordi14 nate the management responsibilities of the Sec15 retary under this section with the Lower Farm16 ington River and Salmon Brook Wild and Scenic 

17 Committee, as specified in the management plan. 

18 (3) COOPERATIVE AGREEMENTS.— 

19 (A) IN GENERAL.—In order to provide for 

20 the long-term protection, preservation, and en21 hancement of the river segment designated by 

22 subsection (a), the Secretary is authorized to 

23 enter into cooperative agreements pursuant to 

24 sections 10(e) and 11(b)(1) of the Wild and 

25 Scenic Rivers Act with— 
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1 (i) the State of Connecticut; 

2 (ii) the towns of Avon, Bloomfield, 

3 Burlington, East Granby, Farmington, 

4 Granby, Hartland, Simsbury, and Windsor 

5 in Connecticut; and 

6 (iii) appropriate local planning and 

7 environmental organizations. 

8 (B) CONSISTENCY.—All cooperative agree9 ments provided for under this section shall be 

10 consistent with the management plan and may 

11 include provisions for financial or other assist12 ance from the United States. 

13 (4) LAND MANAGEMENT.— 

14 (A) ZONING ORDINANCES.—For the pur15 poses of the segments designated in subsection 

16 (a), the zoning ordinances adopted by the towns 

17 in Avon, Bloomfield, Burlington, East Granby, 

18 Farmington, Granby, Hartland, Simsbury, and 

19 Windsor in Connecticut, including provisions for 

20 conservation of floodplains, wetlands and water21 courses associated with the segments, shall be 

22 deemed to satisfy the standards and require23 ments of section 6(c) of the Wild and Scenic 

24 Rivers Act (16 U.S.C. 1277(c)). 
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1 (B) ACQUISITION OF LAND.—The provi2 sions of section 6(c) of the Wild and Scenic 

3 Rivers Act (16 U.S.C. 1277(c)) that prohibit 

4 Federal acquisition of lands by condemnation 

5 shall apply to the segments designated in sub6 section (a). The authority of the Secretary to 

7 acquire lands for the purposes of the segments 

8 designated in subsection (a) shall be limited to 

9 acquisition by donation or acquisition with the 

10 consent of the owner of the lands, and shall be 

11 subject to the additional criteria set forth in the 

12 management plan. 

13 (5) RAINBOW DAM.—The designation made by 

14 subsection (a) shall not be construed to— 

15 (A) prohibit, pre-empt, or abridge the po16 tential future licensing of the Rainbow Dam 

17 and Reservoir (including any and all aspects of 

18 its facilities, operations and transmission lines) 

19 by the Federal Energy Regulatory Commission 

20 as a federally licensed hydroelectric generation 

21 project under the Federal Power Act, provided 

22 that the Commission may, in the discretion of 

23 the Commission and consistent with this sec24 tion, establish such reasonable terms and condi25 tions in a hydropower license for Rainbow Dam 
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1 as are necessary to reduce impacts identified by 

2 the Secretary as invading or unreasonably di3 minishing the scenic, recreational, and fish and 

4 wildlife values of the segments designated by 

5 subsection (a); or 

6 (B) affect the operation of, or impose any 

7 flow or release requirements on, the unlicensed 

8 hydroelectric facility at Rainbow Dam and Res9 ervoir. 

10 (6) RELATION TO NATIONAL PARK SYSTEM.— 

11 Notwithstanding section 10(c) of the Wild and Sce12 nic Rivers Act (16 U.S.C. 1281(c)), the Lower 

13 Farmington River shall not be administered as part 

14 of the National Park System or be subject to regula15 tions which govern the National Park System. 

16 (c) FARMINGTON RIVER, CONNECTICUT, DESIGNA17 TION REVISION.—Section 3(a)(156) of the Wild and Sce18 nic Rivers Act (16 U.S.C. 1274(a)) is amended in the first 

19 sentence— 

20 (1) by striking ‘‘14-mile’’ and inserting ‘‘15.1- 

21 mile’’; and 

22 (2) by striking ‘‘to the downstream end of the 

23 New Hartford-Canton, Connecticut town line’’ and 

24 inserting ‘‘to the confluence with the Nepaug River’’. 

25 (d) DEFINITIONS.—For the purposes of this section: 
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1 (1) MANAGEMENT PLAN.—The term ‘‘manage2 ment plan’’ means the management plan prepared 

3 by the Salmon Brook Wild and Scenic Study Com4 mittee entitled the ‘‘Lower Farmington River and 

5 Salmon Brook Management Plan’’ and dated June 

6 2011. 

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

8 the Secretary of the Interior. 

9 SEC. 10103. SPECIAL RESOURCE STUDY OF PRESIDENT 

10 STREET STATION. 

11 (a) DEFINITIONS.—In this section: 

12 (1) SECRETARY.—The term ‘‘Secretary’’ means 

13 the Secretary of the Interior. 

14 (2) STUDY AREA.—The term ‘‘study area’’ 

15 means the President Street Station, a railroad ter16 minal in Baltimore, Maryland, the history of which 

17 is tied to the growth of the railroad industry in the 

18 19th century, the Civil War, the Underground Rail19 road, and the immigrant influx of the early 20th 

20 century. 

21 (b) SPECIAL RESOURCE STUDY.— 

22 (1) STUDY.—The Secretary shall conduct a spe23 cial resource study of the study area. 

24 (2) CONTENTS.—In conducting the study under 

25 paragraph (1), the Secretary shall— 
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1 (A) evaluate the national significance of 

2 the study area; 

3 (B) determine the suitability and feasibility 

4 of designating the study area as a unit of the 

5 National Park System; 

6 (C) consider other alternatives for preser7 vation, protection, and interpretation of the 

8 study area by the Federal Government, State or 

9 local government entities, or private and non10 profit organizations; 

11 (D) consult with interested Federal agen12 cies, State or local governmental entities, pri13 vate and nonprofit organizations, or any other 

14 interested individuals; and 

15 (E) identify cost estimates for any Federal 

16 acquisition, development, interpretation, oper17 ation, and maintenance associated with the al18 ternatives. 

19 (3) APPLICABLE LAW.—The study required 

20 under paragraph (1) shall be conducted in accord21 ance with section 100507 of title 54, United States 

22 Code. 

23 (4) REPORT.—Not later than 3 years after the 

24 date on which funds are first made available for the 

25 study under paragraph (1), the Secretary shall sub-
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1 mit to the Committee on Natural Resources of the 

2 House of Representatives and the Committee on En3 ergy and Natural Resources of the Senate a report 

4 that describes— 

5 (A) the results of the study; and 

6 (B) any conclusions and recommendations 

7 of the Secretary. 

8 SEC. 10104. SPECIAL RESOURCE STUDY OF THURGOOD 

9 MARSHALL’S ELEMENTARY SCHOOL. 

10 (a) DEFINITIONS.—In this section: 

11 (1) SECRETARY.—The term ‘‘Secretary’’ means 

12 the Secretary of the Interior. 

13 (2) STUDY AREA.—The term ‘‘study area’’ 

14 means— 

15 (A) P.S. 103, the public school located in 

16 West Baltimore, Maryland, which Thurgood 

17 Marshall attended as a youth; and 

18 (B) any other resources in the neighbor19 hood surrounding P.S. 103 that relate to the 

20 early life of Thurgood Marshall. 

21 (b) SPECIAL RESOURCE STUDY.— 

22 (1) STUDY.—The Secretary shall conduct a spe23 cial resource study of the study area. 

24 (2) CONTENTS.—In conducting the study under 

25 paragraph (1), the Secretary shall— 
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1 (A) evaluate the national significance of 

2 the study area; 

3 (B) determine the suitability and feasibility 

4 of designating the study area as a unit of the 

5 National Park System; 

6 (C) consider other alternatives for preser7 vation, protection, and interpretation of the 

8 study area by the Federal Government, State or 

9 local government entities, or private and non10 profit organizations; 

11 (D) consult with interested Federal agen12 cies, State or local governmental entities, pri13 vate and nonprofit organizations, or any other 

14 interested individuals; and 

15 (E) identify cost estimates for any Federal 

16 acquisition, development, interpretation, oper17 ation, and maintenance associated with the al18 ternatives. 

19 (3) APPLICABLE LAW.—The study required 

20 under paragraph (1) shall be conducted in accord21 ance with section 100507 of title 54, United States 

22 Code. 

23 (4) REPORT.—Not later than 3 years after the 

24 date on which funds are first made available to carry 

25 out the study under paragraph (1), the Secretary 
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1 shall submit to the Committee on Natural Resources 

2 of the House of Representatives and the Committee 

3 on Energy and Natural Resources of the Senate a 

4 report that describes— 

5 (A) the results of the study; and 

6 (B) any conclusions and recommendations 

7 of the Secretary. 

8 SEC. 10105. SPECIAL RESOURCE STUDY OF JAMES K. POLK 

9 PRESIDENTIAL HOME. 

10 (a) IN GENERAL.—The Secretary of the Interior (re11 ferred to in this section as the ‘‘Secretary’’) shall conduct 

12 a special resource study of the site of the James K. Polk 

13 Home in Columbia, Tennessee, and adjacent property (re14 ferred to in this section as the ‘‘site’’). 

15 (b) CRITERIA.—The Secretary shall conduct the 

16 study under subsection (a) in accordance with section 

17 100507 of title 54, United States Code. 

18 (c) CONTENTS.—In conducting the study under sub19 section (a), the Secretary shall— 

20 (1) evaluate the national significance of the 

21 site; 

22 (2) determine the suitability and feasibility of 

23 designating the site as a unit of the National Park 

24 System; 
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1 (3) include cost estimates for any necessary ac2 quisition, development, operation, and maintenance 

3 of the site; 

4 (4) consult with interested Federal, State, or 

5 local governmental entities, private and nonprofit or6 ganizations, or other interested individuals; and 

7 (5) identify alternatives for the management, 

8 administration, and protection of the site. 

9 (d) REPORT.—Not later than 3 years after the date 

10 on which funds are made available to carry out the study 

11 under subsection (a), the Secretary shall submit to the 

12 Committee on Natural Resources of the House of Rep13 resentatives and the Committee on Energy and Natural 

14 Resources of the Senate a report that describes— 

15 (1) the findings and conclusions of the study; 

16 and 

17 (2) any recommendations of the Secretary. 

18 SEC. 10106. NORTH COUNTRY NATIONAL SCENIC TRAIL 

19 ROUTE ADJUSTMENT. 

20 (a) ROUTE ADJUSTMENT.—Section 5(a)(8) of the 

21 National Trails System Act (16 U.S.C. 1244(a)(8)) is 

22 amended in the first sentence— 

23 (1) by striking ‘‘thirty two hundred miles, ex24 tending from eastern New York State’’ and inserting 
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1 ‘‘4,600 miles, extending from the Appalachian Trail 

2 in Vermont’’; and 

3 (2) by striking ‘‘Proposed North Country Trail’’ 

4 and all that follows through ‘‘June 1975.’’ and in5 serting ‘‘ ‘North Country National Scenic Trail, Au6 thorized Route’ dated February 2014, and numbered 

7 649/116870.’’. 

8 (b) NO CONDEMNATION.—Section 5(a)(8) of the Na9 tional Trails System Act (16 U.S.C. 1244(a)(8)) is 

10 amended by adding at the end the following: ‘‘No land 

11 or interest in land outside of the exterior boundary of any 

12 Federally administered area may be acquired by the Fed13 eral Government for the trail by condemnation.’’. 

14 SEC. 10107. DESIGNATION OF JAY S. HAMMOND WILDER15 NESS AREA. 

16 (a) DESIGNATION.—The approximately 2,600,000 

17 acres of National Wilderness Preservation System land lo18 cated within the Lake Clark National Park and Preserve 

19 designated by section 201(e)(7)(a) of the Alaska National 

20 Interest Lands Conservation Act (16 U.S.C. 

21 410hh(e)(7)(a)) shall be known and designated as the 

22 ‘‘Jay S. Hammond Wilderness Area’’. 

23 (b) REFERENCES.—Any reference in a law, map, reg24 ulation, document, paper, or other record of the United 

25 States to the wilderness area referred to in subsection (a) 
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1 shall be deemed to be a reference to the ‘‘Jay S. Ham2 mond Wilderness Area’’. 

3 SEC. 10108. ADVISORY COUNCIL ON HISTORIC PRESERVA4 TION. 

5 Section 304101(a) of title 54, United States Code, 

6 is amended— 

7 (1) by redesignating paragraphs (8), (9), (10), 

8 and (11) as paragraphs (9), (10), (11), and (12), re9 spectively; and 

10 (2) by inserting after paragraph (7) the fol11 lowing: 

12 ‘‘(8) The General Chairman of the National As13 sociation of Tribal Historic Preservation Officers.’’. 

14 SEC. 10109. ESTABLISHMENT OF A VISITOR SERVICES FA15 CILITY ON THE ARLINGTON RIDGE TRACT. 

16 (a) DEFINITION OF ARLINGTON RIDGE TRACT.—In 

17 this section, the term ‘‘Arlington Ridge tract’’ means the 

18 parcel of Federal land located in Arlington County, Vir19 ginia, known as the ‘‘Nevius Tract’’ and transferred to 

20 the Department of the Interior in 1953, that is bounded 

21 generally by— 

22 (1) Arlington Boulevard (United States Route 

23 50) to the north; 

24 (2) Jefferson Davis Highway (Virginia Route 

25 110) to the east; 
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1 (3) Marshall Drive to the south; and 

2 (4) North Meade Street to the west. 

3 (b) ESTABLISHMENT OF VISITOR SERVICES FACIL4 ITY.—Notwithstanding section 2863(g) of the Military 

5 Construction Authorization Act for Fiscal Year 2002 

6 (Public Law 107–107; 115 Stat. 1332), the Secretary of 

7 the Interior may construct a structure for visitor services 

8 to include a public restroom facility on the Arlington 

9 Ridge tract in the area of the United States Marine Corps 

10 War Memorial. 

11 Subtitle C—Sportsmen’s Access 

12 and Land Management Issues 

13 PART I—NATIONAL POLICY 

14 SEC. 10201. CONGRESSIONAL DECLARATION OF NATIONAL 

15 POLICY. 

16 (a) IN GENERAL.—Congress declares that it is the 

17 policy of the United States that Federal departments and 

18 agencies, in accordance with the missions of the depart19 ments and agencies, Executive Orders 12962 and 13443 

20 (60 Fed. Reg. 30769 (June 7, 1995); 72 Fed. Reg. 46537 

21 (August 16, 2007)), and applicable law, shall— 

22 (1) facilitate the expansion and enhancement of 

23 hunting, fishing, and recreational shooting opportu24 nities on Federal land, in consultation with the 

25 Wildlife and Hunting Heritage Conservation Coun-
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1 cil, the Sport Fishing and Boating Partnership 

2 Council, State and tribal fish and wildlife agencies, 

3 and the public; 

4 (2) conserve and enhance aquatic systems and 

5 the management of game species and the habitat of 

6 those species on Federal land, including through 

7 hunting and fishing, in a manner that respects— 

8 (A) State management authority over wild9 life resources; and 

10 (B) private property rights; and 

11 (3) consider hunting, fishing, and recreational 

12 shooting opportunities as part of all Federal plans 

13 for land, resource, and travel management. 

14 (b) EXCLUSION.—In this subtitle, the term ‘‘fishing’’ 

15 does not include commercial fishing in which fish are har16 vested, either in whole or in part, that are intended to 

17 enter commerce through sale. 

18 PART II—SPORTSMEN’S ACCESS TO FEDERAL 

19 LAND 

20 SEC. 10211. DEFINITIONS. 

21 In this part: 

22 (1) FEDERAL LAND.—The term ‘‘Federal land’’ 

23 means— 

24 (A) any land in the National Forest Sys25 tem (as defined in section 11(a) of the Forest 
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1 and Rangeland Renewable Resources Planning 

2 Act of 1974 (16 U.S.C. 1609(a))) that is ad3 ministered by the Secretary of Agriculture, act4 ing through the Chief of the Forest Service; 

5 and 

6 (B) public lands (as defined in section 103 

7 of the Federal Land Policy and Management 

8 Act of 1976 (43 U.S.C. 1702)), the surface of 

9 which is administered by the Secretary of the 

10 Interior, acting through the Director of the Bu11 reau of Land Management. 

12 (2) SECRETARY CONCERNED.—The term ‘‘Sec13 retary concerned’’ means— 

14 (A) the Secretary of Agriculture, with re15 spect to land described in paragraph (1)(A); 

16 and 

17 (B) the Secretary of the Interior, with re18 spect to land described in paragraph (1)(B). 

19 SEC. 10212. FEDERAL LAND OPEN TO HUNTING, FISHING, 

20 AND RECREATIONAL SHOOTING. 

21 (a) IN GENERAL.—Subject to subsection (b), Federal 

22 land shall be open to hunting, fishing, and recreational 

23 shooting, in accordance with applicable law, unless the 

24 Secretary concerned closes an area in accordance with sec25 tion 6213. 
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1 (b) EFFECT OF PART.—Nothing in this part opens 

2 to hunting, fishing, or recreational shooting any land that 

3 is not open to those activities as of the date of enactment 

4 of this Act. 

5 SEC. 10213. CLOSURE OF FEDERAL LAND TO HUNTING, 

6 FISHING, AND RECREATIONAL SHOOTING. 

7 (a) AUTHORIZATION.— 

8 (1) IN GENERAL.—Subject to paragraph (2) 

9 and in accordance with section 302(b) of the Federal 

10 Land Policy and Management Act of 1976 (43 

11 U.S.C. 1732(b)), the Secretary concerned may des12 ignate any area on Federal land in which, and estab13 lish any period during which, for reasons of public 

14 safety, administration, or compliance with applicable 

15 laws, no hunting, fishing, or recreational shooting 

16 shall be permitted. 

17 (2) REQUIREMENT.—In making a designation 

18 under paragraph (1), the Secretary concerned shall 

19 designate the smallest area for the least amount of 

20 time that is required for public safety, administra21 tion, or compliance with applicable laws. 

22 (b) CLOSURE PROCEDURES.— 

23 (1) IN GENERAL.—Except in an emergency, be24 fore permanently or temporarily closing any Federal 
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1 land to hunting, fishing, or recreational shooting, 

2 the Secretary concerned shall— 

3 (A) consult with State fish and wildlife 

4 agencies; and 

5 (B) provide public notice and opportunity 

6 for comment under paragraph (2). 

7 (2) PUBLIC NOTICE AND COMMENT.— 

8 (A) IN GENERAL.—Public notice and com9 ment shall include— 

10 (i) a notice of intent— 

11 (I) published in advance of the 

12 public comment period for the clo13 sure— 

14 (aa) in the Federal Register; 

15 (bb) on the website of the 

16 applicable Federal agency; 

17 (cc) on the website of the 

18 Federal land unit, if available; 

19 and 

20 (dd) in at least 1 local news21 paper; 

22 (II) made available in advance of 

23 the public comment period to local of24 fices, chapters, and affiliate organiza25 tions in the vicinity of the closure that 
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1 are signatories to the memorandum of 

2 understanding entitled ‘‘Federal 

3 Lands Hunting, Fishing, and Shoot4 ing Sports Roundtable Memorandum 

5 of Understanding’’; and 

6 (III) that describes— 

7 (aa) the proposed closure; 

8 and 

9 (bb) the justification for the 

10 proposed closure, including an 

11 explanation of the reasons and 

12 necessity for the decision to close 

13 the area to hunting, fishing, or 

14 recreational shooting; and 

15 (ii) an opportunity for public comment 

16 for a period of— 

17 (I) not less than 60 days for a 

18 permanent closure; or 

19 (II) not less than 30 days for a 

20 temporary closure. 

21 (B) FINAL DECISION.—In a final decision 

22 to permanently or temporarily close an area to 

23 hunting, fishing, or recreation shooting, the 

24 Secretary concerned shall— 
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1 (i) respond in a reasoned manner to 

2 the comments received; 

3 (ii) explain how the Secretary con4 cerned resolved any significant issues 

5 raised by the comments; and 

6 (iii) show how the resolution led to 

7 the closure. 

8 (c) TEMPORARY CLOSURES.— 

9 (1) IN GENERAL.—A temporary closure under 

10 this section may not exceed a period of 180 days. 

11 (2) RENEWAL.—Except in an emergency, a 

12 temporary closure for the same area of land closed 

13 to the same activities— 

14 (A) may not be renewed more than 3 times 

15 after the first temporary closure; and 

16 (B) must be subject to a separate notice 

17 and comment procedure in accordance with sub18 section (b)(2). 

19 (3) EFFECT OF TEMPORARY CLOSURE.—Any 

20 Federal land that is temporarily closed to hunting, 

21 fishing, or recreational shooting under this section 

22 shall not become permanently closed to that activity 

23 without a separate public notice and opportunity to 

24 comment in accordance with subsection (b)(2). 
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1 (d) REPORTING.—On an annual basis, the Secre2 taries concerned shall— 

3 (1) publish on a public website a list of all 

4 areas of Federal land temporarily or permanently 

5 subject to a closure under this section; and 

6 (2) submit to the Committee on Energy and 

7 Natural Resources and the Committee on Agri8 culture, Nutrition, and Forestry of the Senate and 

9 the Committee on Natural Resources and the Com10 mittee on Agriculture of the House of Representa11 tives a report that identifies— 

12 (A) a list of each area of Federal land tem13 porarily or permanently subject to a closure; 

14 (B) the acreage of each closure; and 

15 (C) a survey of— 

16 (i) the aggregate areas and acreage 

17 closed under this section in each State; 

18 and 

19 (ii) the percentage of Federal land in 

20 each State closed under this section with 

21 respect to hunting, fishing, and rec22 reational shooting. 

23 (e) APPLICATION.—This section shall not apply if the 

24 closure is— 

25 (1) less than 14 days in duration; and 
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1 (2) covered by a special use permit. 

2 SEC. 10214. SHOOTING RANGES. 

3 (a) IN GENERAL.—Except as provided in subsection 

4 (b), the Secretary concerned may, in accordance with this 

5 section and other applicable law, lease or permit the use 

6 of Federal land for a shooting range. 

7 (b) EXCEPTION.—The Secretary concerned shall not 

8 lease or permit the use of Federal land for a shooting 

9 range, within— 

10 (1) a component of the National Landscape 

11 Conservation System; 

12 (2) a component of the National Wilderness 

13 Preservation System; 

14 (3) any area that is— 

15 (A) designated as a wilderness study area; 

16 (B) administratively classified as— 

17 (i) wilderness-eligible; or 

18 (ii) wilderness-suitable; or 

19 (C) a primitive or semiprimitive area; 

20 (4) a national monument, national volcanic 

21 monument, or national scenic area; or 

22 (5) a component of the National Wild and Sce23 nic Rivers System (including areas designated for 

24 study for potential addition to the National Wild 

25 and Scenic Rivers System). 
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1 SEC. 10215. 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 Policy Modernization Act of 2016, 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 Policy Modernization Act of 2016, the fol19 lowing 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 Policy Modernization Act of 2016, 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 Policy Modernization Act of 

13 2016, 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 

25 days after the date of enactment of the Energy Policy 
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1 Modernization Act of 2016, 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 PART III—FILMING ON FEDERAL LAND 

22 MANAGEMENT AGENCY LAND 

23 SEC. 10221. COMMERCIAL FILMING. 

24 (a) IN GENERAL.—Section 1 of Public Law 106–206 

25 (16 U.S.C. 460l–6d) is amended— 
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1 (1) by redesignating subsections (a) through (f) 

2 as subsections (b) through (g), respectively; 

3 (2) by inserting before subsection (b) (as so re4 designated) the following: 

5 ‘‘(a) DEFINITION OF SECRETARY.—The term ‘Sec6 retary’ means the Secretary of the Interior or the Sec7 retary of Agriculture, as applicable, with respect to land 

8 under the respective jurisdiction of the Secretary.’’; 

9 (3) in subsection (b) (as so redesignated)— 

10 (A) in paragraph (1)— 

11 (i) in the first sentence, by striking 

12 ‘‘of the Interior or the Secretary of Agri13 culture (hereafter individually referred to 

14 as the ‘Secretary’ with respect to land (ex15 cept land in a System unit as defined in 

16 section 100102 of title 54, United States 

17 Code) under their respective jurisdic18 tions)’’; and 

19 (ii) in subparagraph (B), by inserting 

20 ‘‘, except in the case of film crews of 3 or 

21 fewer individuals’’ before the period at the 

22 end; and 

23 (B) by adding at the end the following: 

24 ‘‘(3) FEE SCHEDULE.—Not later than 180 days 

25 after the date of enactment of the Energy Policy 
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1 Modernization Act of 2016, to enhance consistency 

2 in the management of Federal land, the Secretaries 

3 shall publish a single joint land use fee schedule for 

4 commercial filming and still photography.’’; 

5 (4) in subsection (c) (as so redesignated), in the 

6 second sentence, by striking ‘‘subsection (a)’’ and in7 serting ‘‘subsection (b)’’; 

8 (5) in subsection (d) (as so redesignated), in 

9 the heading, by inserting ‘‘Commercial’’ before 

10 ‘‘Still’’; 

11 (6) in paragraph (1) of subsection (f) (as so re12 designated), by inserting ‘‘in accordance with the 

13 Federal Lands Recreation Enhancement Act (16 

14 U.S.C. 6801 et seq.),’’ after ‘‘without further appro15 priation,’’; 

16 (7) in subsection (g) (as so redesignated)— 

17 (A) by striking ‘‘The Secretary shall’’ and 

18 inserting the following: 

19 ‘‘(1) IN GENERAL.—The Secretary shall’’; and 

20 (B) by adding at the end the following: 

21 ‘‘(2) CONSIDERATIONS.—The Secretary shall 

22 not consider subject matter or content as a criterion 

23 for issuing or denying a permit under this Act.’’; 

24 and 

25 (8) by adding at the end the following: 
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1 ‘‘(h) EXEMPTION FROM COMMERCIAL FILMING OR

2 STILL PHOTOGRAPHY PERMITS AND FEES.—The Sec3 retary shall not require persons holding commercial use 

4 authorizations or special recreation permits to obtain an 

5 additional permit or pay a fee for commercial filming or 

6 still photography under this Act if the filming or photog7 raphy conducted is— 

8 ‘‘(1) incidental to the permitted activity that is 

9 the subject of the commercial use authorization or 

10 special recreation permit; and 

11 ‘‘(2) the holder of the commercial use author12 ization or special recreation permit is an individual 

13 or small business concern (within the meaning of 

14 section 3 of the Small Business Act (15 U.S.C. 

15 632)). 

16 ‘‘(i) EXCEPTION FROM CERTAIN FEES.—Commercial 

17 filming or commercial still photography shall be exempt 

18 from fees under this Act, but not from recovery of costs 

19 under subsection (c), if the activity— 

20 ‘‘(1) is conducted by an entity that is a small 

21 business concern (within the meaning of section 3 of 

22 the Small Business Act (15 U.S.C. 632)); 

23 ‘‘(2) is conducted by a crew of not more than 

24 3 individuals; and 

25 ‘‘(3) uses only a camera and tripod. 
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1 ‘‘(j) APPLICABILITY TO NEWS GATHERING ACTIVI2 TIES.— 

3 ‘‘(1) IN GENERAL.—News gathering shall not 

4 be considered a commercial activity. 

5 ‘‘(2) INCLUDED ACTIVITIES.—In this sub6 section, the term ‘news gathering’ includes, at a 

7 minimum, the gathering, recording, and filming of 

8 news and information related to news in any me9 dium.’’. 

10 (b) CONFORMING AMENDMENTS.—Chapter 1009 of 

11 title 54, United States Code, is amended— 

12 (1) by striking section 100905; and 

13 (2) in the table of sections for chapter 1009 of 

14 title 54, United States Code, by striking the item re15 lating to section 100905. 

16 PART IV—BOWS, WILDLIFE MANAGEMENT, AND 

17 ACCESS OPPORTUNITIES FOR RECREATION, 

18 HUNTING, AND FISHING 

19 SEC. 10231. BOWS IN PARKS. 

20 (a) IN GENERAL.—Chapter 1049 of title 54, United 

21 States Code (as amended by section 5001(a)), is amended 

22 by adding at the end the following: 

23 ‘‘§ 104909. Bows in parks 

24 ‘‘(a) DEFINITION OF NOT READY FOR IMMEDIATE

25 USE.—The term ‘not ready for immediate use’ means— 
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1 ‘‘(1) a bow or crossbow, the arrows of which are 

2 secured or stowed in a quiver or other arrow trans3 port case; and 

4 ‘‘(2) with respect to a crossbow, uncocked. 

5 ‘‘(b) VEHICULAR TRANSPORTATION AUTHORIZED.— 

6 The Director shall not promulgate or enforce any regula7 tion that prohibits an individual from transporting bows 

8 and crossbows that are not ready for immediate use across 

9 any System unit in the vehicle of the individual if— 

10 ‘‘(1) the individual is not otherwise prohibited 

11 by law from possessing the bows and crossbows; 

12 ‘‘(2) the bows or crossbows that are not ready 

13 for immediate use remain inside the vehicle of the 

14 individual throughout the period during which the 

15 bows or crossbows are transported across System 

16 land; and 

17 ‘‘(3) the possession of the bows and crossbows 

18 is in compliance with the law of the State in which 

19 the System unit is located.’’. 

20 (b) CLERICAL AMENDMENT.—The table of sections 

21 for chapter 1049 of title 54, United States Code (as 

22 amended by section 5001(b)), is amended by inserting 

23 after the item relating to section 104908 the following: 

‘‘104909. Bows in parks.’’. 
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1 SEC. 10232. WILDLIFE MANAGEMENT IN PARKS. 

2 (a) IN GENERAL.—Chapter 1049 of title 54, United 

3 States Code (as amended by section 6231(a)), is amended 

4 by adding at the end the following: 

5 ‘‘SEC. 104910. WILDLIFE MANAGEMENT IN PARKS. 

6 ‘‘(a) USE OF QUALIFIED VOLUNTEERS.—If the Sec7 retary determines it is necessary to reduce the size of a 

8 wildlife population on System land in accordance with ap9 plicable law (including regulations), the Secretary may use 

10 qualified volunteers to assist in carrying out wildlife man11 agement on System land. 

12 ‘‘(b) REQUIREMENTS FOR QUALIFIED VOLUN13 TEERS.—Qualified volunteers providing assistance under 

14 subsection (a) shall be subject to— 

15 ‘‘(1) any training requirements or qualifications 

16 established by the Secretary; and 

17 ‘‘(2) any other terms and conditions that the 

18 Secretary may require.’’. 

19 (b) CLERICAL AMENDMENT.—The table of sections 

20 for chapter 1049 of title 54 (as amended by section 

21 6231(b)), United States Code, is amended by inserting 

22 after the item relating to section 104909 the following: 

‘‘104910. Wildlife management in parks.’’. 
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1 SEC. 10233. IDENTIFYING OPPORTUNITIES FOR RECRE2 ATION, HUNTING, AND FISHING ON FEDERAL 

3 LAND. 

4 (a) DEFINITIONS.—In this section: 

5 (1) SECRETARY.—The term ‘‘Secretary’’ 

6 means— 

7 (A) the Secretary of the Interior, with re8 spect to land administered by— 

9 (i) the Director of the National Park 

10 Service; 

11 (ii) the Director of the United States 

12 Fish and Wildlife Service; and 

13 (iii) the Director of the Bureau of 

14 Land Management; and 

15 (B) the Secretary of Agriculture, with re16 spect to land administered by the Chief of the 

17 Forest Service. 

18 (2) STATE OR REGIONAL OFFICE.—The term 

19 ‘‘State or regional office’’ means— 

20 (A) a State office of the Bureau of Land 

21 Management; or 

22 (B) a regional office of— 

23 (i) the National Park Service; 

24 (ii) the United States Fish and Wild25 life Service; or 

26 (iii) the Forest Service. 
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1 (3) TRAVEL MANAGEMENT PLAN.—The term 

2 ‘‘travel management plan’’ means a plan for the 

3 management of travel— 

4 (A) with respect to land under the jurisdic5 tion of the National Park Service, on park 

6 roads and designated routes under section 4.10 

7 of title 36, Code of Federal Regulations (or suc8 cessor regulations); 

9 (B) with respect to land under the jurisdic10 tion of the United States Fish and Wildlife 

11 Service, on the land under a comprehensive con12 servation plan prepared under section 4(e) of 

13 the National Wildlife Refuge System Adminis14 tration Act of 1966 (16 U.S.C. 668dd(e)); 

15 (C) with respect to land under the jurisdic16 tion of the Forest Service, on National Forest 

17 System land under part 212 of title 36, Code 

18 of Federal Regulations (or successor regula19 tions); and 

20 (D) with respect to land under the jurisdic21 tion of the Bureau of Land Management, under 

22 a resource management plan developed under 

23 the Federal Land Policy and Management Act 

24 of 1976 (43 U.S.C. 1701 et seq.). 

25 (b) PRIORITY LISTS REQUIRED.— 
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1 (1) IN GENERAL.—Not later than 180 days 

2 after the date of enactment of this Act, annually 

3 during the 10-year period beginning on the date on 

4 which the first priority list is completed, and every 

5 5 years after the end of the 10-year period, the Sec6 retary shall prepare a priority list, to be made pub7 licly available on the website of the applicable Fed8 eral agency referred to in subsection (a)(1), which 

9 shall identify the location and acreage of land within 

10 the jurisdiction of each State or regional office on 

11 which the public is allowed, under Federal or State 

12 law, to hunt, fish, or use the land for other rec13 reational purposes but— 

14 (A) to which there is no public access or 

15 egress; or 

16 (B) to which public access or egress to the 

17 legal boundaries of the land is significantly re18 stricted (as determined by the Secretary). 

19 (2) MINIMUM SIZE.—Any land identified under 

20 paragraph (1) shall consist of contiguous acreage of 

21 at least 640 acres. 

22 (3) CONSIDERATIONS.—In preparing the pri23 ority list required under paragraph (1), the Sec24 retary shall consider with respect to the land— 
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1 (A) whether access is absent or merely re2 stricted, including the extent of the restriction; 

3 (B) the likelihood of resolving the absence 

4 of or restriction to public access; 

5 (C) the potential for recreational use; 

6 (D) any information received from the 

7 public or other stakeholders during the nomina8 tion process described in paragraph (5); and 

9 (E) any other factor as determined by the 

10 Secretary. 

11 (4) ADJACENT LAND STATUS.—For each parcel 

12 of land on the priority list, the Secretary shall in13 clude in the priority list whether resolving the issue 

14 of public access or egress to the land would require 

15 acquisition of an easement, right-of-way, or fee title 

16 from— 

17 (A) another Federal agency; 

18 (B) a State, local, or tribal government; or 

19 (C) a private landowner. 

20 (5) NOMINATION PROCESS.—In preparing a pri21 ority list under this section, the Secretary shall pro22 vide an opportunity for members of the public to 

23 nominate parcels for inclusion on the priority list. 

24 (c) ACCESS OPTIONS.—With respect to land included 

25 on a priority list described in subsection (b), the Secretary 
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1 shall develop and submit to the Committees on Appropria2 tions and Energy and Natural Resources of the Senate 

3 and the Committees on Appropriations and Natural Re4 sources of the House of Representatives a report on op5 tions for providing access that— 

6 (1) identifies how public access and egress 

7 could reasonably be provided to the legal boundaries 

8 of the land in a manner that minimizes the impact 

9 on wildlife habitat and water quality; 

10 (2) specifies the steps recommended to secure 

11 the access and egress, including acquiring an ease12 ment, right-of-way, or fee title from a willing owner 

13 of any land that abuts the land or the need to co14 ordinate with State land management agencies or 

15 other Federal, State, or tribal governments to allow 

16 for such access and egress; and 

17 (3) is consistent with the travel management 

18 plan in effect on the land. 

19 (d) PROTECTION OF PERSONALLY IDENTIFYING IN20 FORMATION.—In making the priority list and report pre21 pared under subsections (b) and (c) available, the Sec22 retary shall ensure that no personally identifying informa23 tion is included, such as names or addresses of individuals 

24 or entities. 
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1 (e) WILLING OWNERS.—For purposes of providing 

2 any permits to, or entering into agreements with, a State, 

3 local, or tribal government or private landowner with re4 spect to the use of land under the jurisdiction of the gov5 ernment or landowner, the Secretary shall not take into 

6 account whether the State, local, or tribal government or 

7 private landowner has granted or denied public access or 

8 egress to the land. 

9 (f) MEANS OF PUBLIC ACCESS AND EGRESS IN10 CLUDED.—In considering public access and egress under 

11 subsections (b) and (c), the Secretary shall consider public 

12 access and egress to the legal boundaries of the land de13 scribed in those subsections, including access and egress— 

14 (1) by motorized or non-motorized vehicles; and 

15 (2) on foot or horseback. 

16 (g) EFFECT.— 

17 (1) IN GENERAL.—This section shall have no 

18 effect on whether a particular recreational use shall 

19 be allowed on the land included in a priority list 

20 under this section. 

21 (2) EFFECT OF ALLOWABLE USES ON AGENCY

22 CONSIDERATION.—In preparing the priority list 

23 under subsection (b), the Secretary shall only con24 sider recreational uses that are allowed on the land 

25 at the time that the priority list is prepared. 
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1 PART V—FEDERAL LAND TRANSACTION 

2 FACILITATION ACT 

3 SEC. 10241. FEDERAL LAND TRANSACTION FACILITATION 

4 ACT. 

5 (a) IN GENERAL.—The Federal Land Transaction 

6 Facilitation Act is amended— 

7 (1) in section 203(2) (43 U.S.C. 2302(2)), by 

8 striking ‘‘on the date of enactment of this Act was’’ 

9 and inserting ‘‘is’’; 

10 (2) in section 205 (43 U.S.C. 2304)— 

11 (A) in subsection (a), by striking ‘‘(as in 

12 effect on the date of enactment of this Act)’’; 

13 and 

14 (B) by striking subsection (d); 

15 (3) in section 206 (43 U.S.C. 2305), by striking 

16 subsection (f); and 

17 (4) in section 207(b) (43 U.S.C. 2306(b))— 

18 (A) in paragraph (1)— 

19 (i) by striking ‘‘96–568’’ and insert20 ing ‘‘96–586’’; and 

21 (ii) by striking ‘‘; or’’ and inserting a 

22 semicolon; 

23 (B) in paragraph (2)— 

24 (i) by inserting ‘‘Public Law 105– 

25 263;’’ before ‘‘112 Stat.’’; and 
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1 (ii) by striking the period at the end 

2 and inserting a semicolon; and 

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

4 ‘‘(3) the White Pine County Conservation, 

5 Recreation, and Development Act of 2006 (Public 

6 Law 109–432; 120 Stat. 3028); 

7 ‘‘(4) the Lincoln County Conservation, Recre8 ation, and Development Act of 2004 (Public Law 

9 108–424; 118 Stat. 2403); 

10 ‘‘(5) subtitle F of title I of the Omnibus Public 

11 Land Management Act of 2009 (16 U.S.C. 1132 

12 note; Public Law 111–11); 

13 ‘‘(6) subtitle O of title I of the Omnibus Public 

14 Land Management Act of 2009 (16 U.S.C. 460www 

15 note, 1132 note; Public Law 111–11); 

16 ‘‘(7) section 2601 of the Omnibus Public Land 

17 Management Act of 2009 (Public Law 111–11; 123 

18 Stat. 1108); or 

19 ‘‘(8) section 2606 of the Omnibus Public Land 

20 Management Act of 2009 (Public Law 111–11; 123 

21 Stat. 1121).’’. 

22 (b) FUNDS TO TREASURY.—Of the amounts depos23 ited in the Federal Land Disposal Account, there shall be 

24 transferred to the general fund of the Treasury 

25 $1,000,000 for each of fiscal years 2016 through 2025. 
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1 PART VI—FISH AND WILDLIFE CONSERVATION 

2 SEC. 10251. AMENDMENTS TO PITTMAN-ROBERTSON WILD3 LIFE RESTORATION ACT. 

4 (a) PURPOSE.—The purpose of this section is to fa5 cilitate the construction and expansion of public target 

6 ranges, including ranges on Federal land managed by the 

7 Forest Service and the Bureau of Land Management. 

8 (b) DEFINITION OF PUBLIC TARGET RANGE.—In 

9 this section, the term ‘‘public target range’’ means a spe10 cific location that— 

11 (1) is identified by a governmental agency for 

12 recreational shooting; 

13 (2) is open to the public; 

14 (3) may be supervised; and 

15 (4) may accommodate archery or rifle, pistol, or 

16 shotgun shooting. 

17 (c) AMENDMENTS TO PITTMAN-ROBERTSON WILD18 LIFE RESTORATION ACT.— 

19 (1) DEFINITIONS.—Section 2 of the Pittman20 Robertson Wildlife Restoration Act (16 U.S.C. 

21 669a) is amended— 

22 (A) by redesignating paragraphs (2) 

23 through (8) as paragraphs (3) through (9), re24 spectively; and 

25 (B) by inserting after paragraph (1) the 

26 following: 
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1 ‘‘(2) the term ‘public target range’ means a 

2 specific location that— 

3 ‘‘(A) is identified by a governmental agen4 cy for recreational shooting; 

5 ‘‘(B) is open to the public; 

6 ‘‘(C) may be supervised; and 

7 ‘‘(D) may accommodate archery or rifle, 

8 pistol, or shotgun shooting;’’. 

9 (2) EXPENDITURES FOR MANAGEMENT OF

10 WILDLIFE AREAS AND RESOURCES.—Section 8(b) of 

11 the Pittman-Robertson Wildlife Restoration Act (16 

12 U.S.C. 669g(b)) is amended— 

13 (A) by striking ‘‘(b) Each State’’ and in14 serting the following: 

15 ‘‘(b) EXPENDITURES FOR MANAGEMENT OF WILD16 LIFE AREAS AND RESOURCES.— 

17 ‘‘(1) IN GENERAL.—Except as provided in para18 graph (2), each State’’; 

19 (B) in paragraph (1) (as so designated), by 

20 striking ‘‘construction, operation,’’ and insert21 ing ‘‘operation’’; 

22 (C) in the second sentence, by striking 

23 ‘‘The non-Federal share’’ and inserting the fol24 lowing: 
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1 ‘‘(3) NON-FEDERAL SHARE.—The non-Federal 

2 share’’; 

3 (D) in the third sentence, by striking ‘‘The 

4 Secretary’’ and inserting the following: 

5 ‘‘(4) REGULATIONS.—The Secretary’’; and 

6 (E) by inserting after paragraph (1) (as 

7 designated by subparagraph (A)) the following: 

8 ‘‘(2) EXCEPTION.—Notwithstanding the limita9 tion described in paragraph (1), a State may pay up 

10 to 90 percent of the cost of acquiring land for, ex11 panding, or constructing a public target range.’’. 

12 (3) FIREARM AND BOW HUNTER EDUCATION

13 AND SAFETY PROGRAM GRANTS.—Section 10 of the 

14 Pittman-Robertson Wildlife Restoration Act (16 

15 U.S.C. 669h–1) is amended— 

16 (A) in subsection (a), by adding at the end 

17 the following: 

18 ‘‘(3) ALLOCATION OF ADDITIONAL AMOUNTS.— 

19 Of the amount apportioned to a State for any fiscal 

20 year under section 4(b), the State may elect to allo21 cate not more than 10 percent, to be combined with 

22 the amount apportioned to the State under para23 graph (1) for that fiscal year, for acquiring land for, 

24 expanding, or constructing a public target range.’’; 
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1 (B) by striking subsection (b) and insert2 ing the following: 

3 ‘‘(b) COST SHARING.— 

4 ‘‘(1) IN GENERAL.—Except as provided in para5 graph (2), the Federal share of the cost of any activ6 ity carried out using a grant under this section shall 

7 not exceed 75 percent of the total cost of the activ8 ity. 

9 ‘‘(2) PUBLIC TARGET RANGE CONSTRUCTION OR

10 EXPANSION.—The Federal share of the cost of ac11 quiring land for, expanding, or constructing a public 

12 target range in a State on Federal or non-Federal 

13 land pursuant to this section or section 8(b) shall 

14 not exceed 90 percent of the cost of the activity.’’; 

15 and 

16 (C) in subsection (c)(1)— 

17 (i) by striking ‘‘Amounts made’’ and 

18 inserting the following: 

19 ‘‘(A) IN GENERAL.—Except as provided in 

20 subparagraph (B), amounts made’’; and 

21 (ii) by adding at the end the fol22 lowing: 

23 ‘‘(B) EXCEPTION.—Amounts provided for 

24 acquiring land for, constructing, or expanding a 

25 public target range shall remain available for 
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1 expenditure and obligation during the 5-fiscal2 year period beginning on October 1 of the first 

3 fiscal year for which the amounts are made 

4 available.’’. 

5 (d) SENSE OF CONGRESS REGARDING COOPERA6 TION.—It is the sense of Congress that, consistent with 

7 applicable laws (including regulations), the Chief of the 

8 Forest Service and the Director of the Bureau of Land 

9 Management should cooperate with State and local au10 thorities and other entities to carry out waste removal and 

11 other activities on any Federal land used as a public target 

12 range to encourage continued use of that land for target 

13 practice or marksmanship training. 

14 SEC. 10252. NORTH AMERICAN WETLANDS CONSERVATION 

15 ACT. 

16 (a) CONSERVATION INCENTIVES LANDOWNER EDU17 CATION PROGRAM.—Any acquisition of land (including 

18 any interest in land) under the North American Wetlands 

19 Conservation Act (16 U.S.C. 4401 et seq.) shall be subject 

20 to the notification requirements under section 

21 ø50ll(d)¿. 

22 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 

23 7(c) of the North American Wetlands Conservation Act 

24 (16 U.S.C. 4406(c)) is amended— 

25 (1) in paragraph (4), by striking ‘‘and’’; 
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1 (2) in paragraph (5), by striking the period at 

2 the end and inserting ‘‘; and’’; and 

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

4 ‘‘(6) $50,000,000 for each of fiscal years 2015 

5 through 2020.’’. 

6 SEC. 10253. NATIONAL FISH HABITAT CONSERVATION. 

7 (a) SHORT TITLE.—This section may be cited as the 

8 ‘‘National Fish Habitat Conservation Through Partner9 ships Act’’. 

10 (b) PURPOSE.—The purpose of this section is to en11 courage partnerships among public agencies and other in12 terested parties to promote fish conservation— 

13 (1) to achieve measurable habitat conservation 

14 results through strategic actions of Fish Habitat 

15 Partnerships that lead to better fish habitat condi16 tions and increased fishing opportunities by— 

17 (A) improving ecological conditions; 

18 (B) restoring natural processes; or 

19 (C) preventing the decline of intact and 

20 healthy systems; 

21 (2) to establish a consensus set of national con22 servation strategies as a framework to guide future 

23 actions and investment by Fish Habitat Partner24 ships; 
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1 (3) to broaden the community of support for 

2 fish habitat conservation by— 

3 (A) increasing fishing opportunities; 

4 (B) fostering the participation of local 

5 communities, especially young people in local 

6 communities, in conservation activities; and 

7 (C) raising public awareness of the role 

8 healthy fish habitat play in the quality of life 

9 and economic well-being of local communities; 

10 (4) to fill gaps in the National Fish Habitat As11 sessment and the associated database of the Na12 tional Fish Habitat Assessment— 

13 (A) to empower strategic conservation ac14 tions supported by broadly available scientific 

15 information; and 

16 (B) to integrate socioeconomic data in the 

17 analysis to improve the lives of humans in a 

18 manner consistent with fish habitat conserva19 tion goals; and 

20 (5) to communicate to the public and conserva21 tion partners— 

22 (A) the conservation outcomes produced 

23 collectively by Fish Habitat Partnerships; and 

24 (B) new opportunities and voluntary ap25 proaches for conserving fish habitat. 
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1 (c) DEFINITIONS.—In this section: 

2 (1) APPROPRIATE CONGRESSIONAL COMMIT3 TEES.—The term ‘‘appropriate congressional com4 mittees’’ means— 

5 (A) the Committee on Commerce, Science, 

6 and Transportation and the Committee on En7 vironment and Public Works of the Senate; and 

8 (B) the Committee on Natural Resources 

9 of the House of Representatives. 

10 (2) BOARD.—The term ‘‘Board’’ means the Na11 tional Fish Habitat Board established by subsection 

12 (d)(1)(A). 

13 (3) DIRECTOR.—The term ‘‘Director’’ means 

14 the Director of the United States Fish and Wildlife 

15 Service. 

16 (4) EPA ASSISTANT ADMINISTRATOR.—The 

17 term ‘‘EPA Assistant Administrator’’ means the As18 sistant Administrator for Water of the Environ19 mental Protection Agency. 

20 (5) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 

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

22 Indian Self-Determination and Education Assistance 

23 Act (25 U.S.C. 450b). 

24 (6) NOAA ASSISTANT ADMINISTRATOR.—The 

25 term ‘‘NOAA Assistant Administrator’’ means the 
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1 Assistant Administrator for Fisheries of the Na2 tional Oceanic and Atmospheric Administration. 

3 (7) PARTNERSHIP.—The term ‘‘Partnership’’ 

4 means a self-governed entity designated by the 

5 Board as a Fish Habitat Conservation Partnership 

6 pursuant to subsection (e)(1). 

7 (8) REAL PROPERTY INTEREST.—The term 

8 ‘‘real property interest’’ means an ownership interest 

9 in— 

10 (A) land; or 

11 (B) water (including water rights). 

12 (9) SECRETARY.—The term ‘‘Secretary’’ means 

13 the Secretary of the Interior. 

14 (10) STATE.—The term ‘‘State’’ means each of 

15 the several States. 

16 (11) STATE AGENCY.—The term ‘‘State agen17 cy’’ means— 

18 (A) the fish and wildlife agency of a State; 

19 and 

20 (B) any department or division of a de21 partment or agency of a State that manages in 

22 the public trust the inland or marine fishery re23 sources or sustains the habitat for those fishery 

24 resources of the State pursuant to State law or 

25 the constitution of the State. 
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1 (d) NATIONAL FISH HABITAT BOARD.— 

2 (1) ESTABLISHMENT.— 

3 (A) FISH HABITAT BOARD.—There is es4 tablished a board, to be known as the ‘‘National 

5 Fish Habitat Board’’, whose duties are— 

6 (i) to promote, oversee, and coordinate 

7 the implementation of this section; 

8 (ii) to establish national goals and pri9 orities for fish habitat conservation; 

10 (iii) to approve Partnerships; and 

11 (iv) to review and make recommenda12 tions regarding fish habitat conservation 

13 projects. 

14 (B) MEMBERSHIP.—The Board shall be 

15 composed of 25 members, of whom— 

16 (i) 1 shall be a representative of the 

17 Department of the Interior; 

18 (ii) 1 shall be a representative of the 

19 United States Geological Survey; 

20 (iii) 1 shall be a representative of the 

21 Department of Commerce; 

22 (iv) 1 shall be a representative of the 

23 Department of Agriculture; 

24 (v) 1 shall be a representative of the 

25 Association of Fish and Wildlife Agencies; 
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1 (vi) 4 shall be representatives of State 

2 agencies, 1 of whom shall be nominated by 

3 a regional association of fish and wildlife 

4 agencies from each of the Northeast, 

5 Southeast, Midwest, and Western regions 

6 of the United States; 

7 (vii) 1 shall be a representative of ei8 ther— 

9 (I) Indian tribes in the State of 

10 Alaska; or 

11 (II) Indian tribes in States other 

12 than the State of Alaska; 

13 (viii) 1 shall be a representative of ei14 ther— 

15 (I) the Regional Fishery Manage16 ment Councils established under sec17 tion 302 of the Magnuson-Stevens 

18 Fishery Conservation and Manage19 ment Act (16 U.S.C. 1852); or 

20 (II) a representative of the Ma21 rine Fisheries Commissions, which is 

22 composed of— 

23 (aa) the Atlantic States Ma24 rine Fisheries Commission; 
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1 (bb) the Gulf States Marine 

2 Fisheries Commission; and 

3 (cc) the Pacific States Ma4 rine Fisheries Commission; 

5 (ix) 1 shall be a representative of the 

6 Sportfishing and Boating Partnership 

7 Council; 

8 (x) 7 shall be representatives selected 

9 from each of— 

10 (I) the recreational sportfishing 

11 industry; 

12 (II) the commercial fishing in13 dustry; 

14 (III) marine recreational anglers; 

15 (IV) freshwater recreational an16 glers; 

17 (V) habitat conservation organi18 zations; and 

19 (VI) science-based fishery organi20 zations; 

21 (xi) 1 shall be a representative of a 

22 national private landowner organization; 

23 (xii) 1 shall be a representative of an 

24 agricultural production organization; 
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1 (xiii) 1 shall be a representative of 

2 local government interests involved in fish 

3 habitat restoration; 

4 (xiv) 2 shall be representatives from 

5 different sectors of corporate industries, 

6 which may include— 

7 (I) natural resource commodity 

8 interests, such as petroleum or min9 eral extraction; 

10 (II) natural resource user indus11 tries; and 

12 (III) industries with an interest 

13 in fish and fish habitat conservation; 

14 and 

15 (xv) 1 shall be a leadership private 

16 sector or landowner representative of an 

17 active partnership. 

18 (C) COMPENSATION.—A member of the 

19 Board shall serve without compensation. 

20 (D) TRAVEL EXPENSES.—A member of the 

21 Board may be allowed travel expenses, includ22 ing per diem in lieu of subsistence, at rates au23 thorized for an employee of an agency under 

24 subchapter I of chapter 57 of title 5, United 

25 States Code, while away from the home or reg-
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1 ular place of business of the member in the per2 formance of the duties of the Board. 

3 (2) APPOINTMENT AND TERMS.— 

4 (A) IN GENERAL.—Except as otherwise 

5 provided in this subsection, a member of the 

6 Board described in any of clauses (vi) through 

7 (xiv) of paragraph (1)(B) shall serve for a term 

8 of 3 years. 

9 (B) INITIAL BOARD MEMBERSHIP.— 

10 (i) IN GENERAL.—The initial Board 

11 will consist of representatives as described 

12 in clauses (i) through (vi) of paragraph 

13 (1)(B). 

14 (ii) REMAINING MEMBERS.—Not later 

15 than 60 days after the date of enactment 

16 of this Act, the representatives of the ini17 tial Board pursuant to clause (i) shall ap18 point the remaining members of the Board 

19 described in clauses (viii) through (xiv) of 

20 paragraph (1)(B). 

21 (iii) TRIBAL REPRESENTATIVES.—Not 

22 later than 60 days after the enactment of 

23 this Act, the Secretary shall provide to the 

24 Board a recommendation of not fewer than 

25 3 tribal representatives, from which the 
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1 Board shall appoint 1 representative pur2 suant to clause (vii) of paragraph (1)(B). 

3 (C) TRANSITIONAL TERMS.—Of the mem4 bers described in paragraph (1)(B)(x) initially 

5 appointed to the Board— 

6 (i) 2 shall be appointed for a term of 

7 1 year; 

8 (ii) 2 shall be appointed for a term of 

9 2 years; and 

10 (iii) 3 shall be appointed for a term of 

11 3 years. 

12 (D) VACANCIES.— 

13 (i) IN GENERAL.—A vacancy of a 

14 member of the Board described in any of 

15 clauses (viii) through (xiv) of paragraph 

16 (1)(B) shall be filled by an appointment 

17 made by the remaining members of the 

18 Board. 

19 (ii) TRIBAL REPRESENTATIVES.—Fol20 lowing a vacancy of a member of the 

21 Board described in clause (vii) of para22 graph (1)(B), the Secretary shall rec23 ommend to the Board a list of not fewer 

24 than 3 tribal representatives, from which 
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1 the remaining members of the Board shall 

2 appoint a representative to fill the vacancy. 

3 (E) CONTINUATION OF SERVICE.—An indi4 vidual whose term of service as a member of the 

5 Board expires may continue to serve on the 

6 Board until a successor is appointed. 

7 (F) REMOVAL.—If a member of the Board 

8 described in any of clauses (viii) through (xiv) 

9 of paragraph (1)(B) misses 3 consecutive regu10 larly scheduled Board meetings, the members of 

11 the Board may— 

12 (i) vote to remove that member; and 

13 (ii) appoint another individual in ac14 cordance with subparagraph (D). 

15 (3) CHAIRPERSON.— 

16 (A) IN GENERAL.—The representative of 

17 the Association of Fish and Wildlife Agencies 

18 appointed pursuant to paragraph (1)(B)(v) 

19 shall serve as Chairperson of the Board. 

20 (B) TERM.—The Chairperson of the Board 

21 shall serve for a term of 3 years. 

22 (4) MEETINGS.— 

23 (A) IN GENERAL.—The Board shall 

24 meet— 

25 (i) at the call of the Chairperson; but 
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1 (ii) not less frequently than twice each 

2 calendar year. 

3 (B) PUBLIC ACCESS.—All meetings of the 

4 Board shall be open to the public. 

5 (5) PROCEDURES.— 

6 (A) IN GENERAL.—The Board shall estab7 lish procedures to carry out the business of the 

8 Board, including— 

9 (i) a requirement that a quorum of 

10 the members of the Board be present to 

11 transact business; 

12 (ii) a requirement that no rec13 ommendations may be adopted by the 

Board, except by the vote of 2 14 ⁄3 of all mem15 bers; 

16 (iii) procedures for establishing na17 tional goals and priorities for fish habitat 

18 conservation for the purposes of this sec19 tion; 

20 (iv) procedures for designating Part21 nerships under subsection (e); and 

22 (v) procedures for reviewing, evalu23 ating, and making recommendations re24 garding fish habitat conservation projects. 
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1 (B) QUORUM.—A majority of the members 

2 of the Board shall constitute a quorum. 

3 (e) FISH HABITAT PARTNERSHIPS.— 

4 (1) AUTHORITY TO APPROVE.—The Board may 

5 approve and designate Fish Habitat Partnerships in 

6 accordance with this subsection. 

7 (2) PURPOSES.—The purposes of a Partnership 

8 shall be— 

9 (A) to work with other regional habitat 

10 conservation programs to promote cooperation 

11 and coordination to enhance fish and fish habi12 tats; 

13 (B) to engage local and regional commu14 nities to build support for fish habitat conserva15 tion; 

16 (C) to involve diverse groups of public and 

17 private partners; 

18 (D) to develop collaboratively a strategic 

19 vision and achievable implementation plan that 

20 is scientifically sound; 

21 (E) to leverage funding from sources that 

22 support local and regional partnerships; 

23 (F) to use adaptive management prin24 ciples, including evaluation of project success 

25 and functionality; 
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1 (G) to develop appropriate local or regional 

2 habitat evaluation and assessment measures 

3 and criteria that are compatible with national 

4 habitat condition measures; and 

5 (H) to implement local and regional pri6 ority projects that improve conditions for fish 

7 and fish habitat. 

8 (3) CRITERIA FOR APPROVAL.—An entity seek9 ing to be designated as a Partnership shall— 

10 (A) submit to the Board an application at 

11 such time, in such manner, and containing such 

12 information as the Board may reasonably re13 quire; and 

14 (B) demonstrate to the Board that the en15 tity has— 

16 (i) a focus on promoting the health of 

17 important fish and fish habitats; 

18 (ii) an ability to coordinate the imple19 mentation of priority projects that support 

20 the goals and national priorities set by the 

21 Board that are within the Partnership 

22 boundary; 

23 (iii) a self-governance structure that 

24 supports the implementation of strategic 

25 priorities for fish habitat; 
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1 (iv) the ability to develop local and re2 gional relationships with a broad range of 

3 entities to further strategic priorities for 

4 fish and fish habitat; 

5 (v) a strategic plan that details re6 quired investments for fish habitat con7 servation that addresses the strategic fish 

8 habitat priorities of the Partnership and 

9 supports and meets the strategic priorities 

10 of the Board; 

11 (vi) the ability to develop and imple12 ment fish habitat conservation projects 

13 that address strategic priorities of the 

14 Partnership and the Board; and 

15 (vii) the ability to develop fish habitat 

16 conservation priorities based on sound 

17 science and data, the ability to measure 

18 the effectiveness of fish habitat projects of 

19 the Partnership, and a clear plan as to 

20 how Partnership science and data compo21 nents will be integrated with the overall 

22 Board science and data effort. 

23 (4) APPROVAL.—The Board may approve an 

24 application for a Partnership submitted under para-
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1 graph (3) if the Board determines that the appli2 cant— 

3 (A) identifies representatives to provide 

4 support and technical assistance to the Partner5 ship from a diverse group of public and private 

6 partners, which may include State or local gov7 ernments, nonprofit entities, Indian tribes, and 

8 private individuals, that are focused on con9 servation of fish habitats to achieve results 

10 across jurisdictional boundaries on public and 

11 private land; 

12 (B) is organized to promote the health of 

13 important fish species and important fish habi14 tats, including reservoirs, natural lakes, coastal 

15 and marine environments, and estuaries; 

16 (C) identifies strategic fish and fish habi17 tat priorities for the Partnership area in the 

18 form of geographical focus areas or key 

19 stressors or impairments to facilitate strategic 

20 planning and decisionmaking; 

21 (D) is able to address issues and priorities 

22 on a nationally significant scale; 

23 (E) includes a governance structure that— 

24 (i) reflects the range of all partners; 

25 and 
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1 (ii) promotes joint strategic planning 

2 and decisionmaking by the applicant; 

3 (F) demonstrates completion of, or signifi4 cant progress toward the development of, a 

5 strategic plan to address the decline in fish pop6 ulations, rather than simply treating symptoms, 

7 in accordance with the goals and national prior8 ities established by the Board; and 

9 (G) promotes collaboration in developing a 

10 strategic vision and implementation program 

11 that is scientifically sound and achievable. 

12 (f) FISH HABITAT CONSERVATION PROJECTS.— 

13 (1) SUBMISSION TO BOARD.—Not later than 

14 March 31 of each calendar year, each Partnership 

15 shall submit to the Board a list of priority fish habi16 tat conservation projects recommended by the Part17 nership for annual funding under this section. 

18 (2) RECOMMENDATIONS BY BOARD.—Not later 

19 than July 1 of each calendar year, the Board shall 

20 submit to the Secretary a priority list of fish habitat 

21 conservation projects that includes the description, 

22 including estimated costs, of each project that the 

23 Board recommends that the Secretary approve and 

24 fund under this section for the following fiscal year. 
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1 (3) CRITERIA FOR PROJECT SELECTION.—The 

2 Board shall select each fish habitat conservation 

3 project to be recommended to the Secretary under 

4 paragraph (2) after taking into consideration, at a 

5 minimum, the following information: 

6 (A) A recommendation of the Partnership 

7 that is, or will be, participating actively in im8 plementing the fish habitat conservation 

9 project. 

10 (B) The capabilities and experience of 

11 project proponents to implement successfully 

12 the proposed project. 

13 (C) The extent to which the fish habitat 

14 conservation project— 

15 (i) fulfills a local or regional priority 

16 that is directly linked to the strategic plan 

17 of the Partnership and is consistent with 

18 the purpose of this section; 

19 (ii) addresses the national priorities 

20 established by the Board; 

21 (iii) is supported by the findings of 

22 the Habitat Assessment of the Partnership 

23 or the Board, and aligns or is compatible 

24 with other conservation plans; 
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1 (iv) identifies appropriate monitoring 

2 and evaluation measures and criteria that 

3 are compatible with national measures; 

4 (v) provides a well-defined budget 

5 linked to deliverables and outcomes; 

6 (vi) leverages other funds to imple7 ment the project; 

8 (vii) addresses the causes and proc9 esses behind the decline of fish or fish 

10 habitats; and 

11 (viii) includes an outreach or edu12 cation component that includes the local or 

13 regional community. 

14 (D) The availability of sufficient non-Fed15 eral funds to match Federal contributions for 

16 the fish habitat conservation project, as re17 quired by paragraph (5); 

18 (E) The extent to which the local or re19 gional fish habitat conservation project— 

20 (i) will increase fish populations in a 

21 manner that leads to recreational fishing 

22 opportunities for the public; 

23 (ii) will be carried out through a coop24 erative agreement among Federal, State, 
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1 and local governments, Indian tribes, and 

2 private entities; 

3 (iii) increases public access to land or 

4 water for fish and wildlife-dependent rec5 reational opportunities; 

6 (iv) advances the conservation of fish 

7 and wildlife species that have been identi8 fied by the States as species of greatest 

9 conservation need; 

10 (v) where appropriate, advances the 

11 conservation of fish and fish habitats 

12 under the Magnuson-Stevens Fishery Con13 servation and Management Act (16 U.S.C. 

14 1801 et seq.) and other relevant Federal 

15 law and State wildlife action plans; and 

16 (vi) promotes strong and healthy fish 

17 habitats so that desired biological commu18 nities are able to persist and adapt. 

19 (F) The substantiality of the character and 

20 design of the fish habitat conservation project. 

21 (4) LIMITATIONS.— 

22 (A) REQUIREMENTS FOR EVALUATION.— 

23 No fish habitat conservation project may be 

24 recommended by the Board under paragraph 

25 (2) or provided financial assistance under this 
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1 section unless the fish habitat conservation 

2 project includes an evaluation plan designed 

3 using applicable Board guidance— 

4 (i) to appropriately assess the biologi5 cal, ecological, or other results of the habi6 tat protection, restoration, or enhancement 

7 activities carried out using the assistance; 

8 (ii) to reflect appropriate changes to 

9 the fish habitat conservation project if the 

10 assessment substantiates that the fish 

11 habitat conservation project objectives are 

12 not being met; 

13 (iii) to identify improvements to exist14 ing fish populations, recreational fishing 

15 opportunities and the overall economic ben16 efits for the local community of the fish 

17 habitat conservation project; and 

18 (iv) to require the submission to the 

19 Board of a report describing the findings 

20 of the assessment. 

21 (B) ACQUISITION AUTHORITIES.— 

22 (i) IN GENERAL.—A State, local gov23 ernment, or other non-Federal entity is eli24 gible to receive funds for the acquisition of 

25 real property from willing sellers under 
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1 this section if the acquisition ensures 1 

2 of— 

3 (I) public access for compatible 

4 fish and wildlife-dependent recreation; 

5 or 

6 (II) a scientifically based, direct 

7 enhancement to the health of fish and 

8 fish populations, as determined by the 

9 Board. 

10 (ii) STATE AGENCY APPROVAL.— 

11 (I) IN GENERAL.—All real prop12 erty interest acquisition projects fund13 ed under this section are required to 

14 be approved by the State agency in 

15 the State in which the project is oc16 curring. 

17 (II) PROHIBITION.—The Board 

18 may not recommend, and the Sec19 retary may not provide any funding 

20 for, any real property interest acquisi21 tion that has not been approved by 

22 the State agency. 

23 (iii) ASSESSMENT OF OTHER AU24 THORITIES.—The Fish Habitat Partner25 ship shall conduct a project assessment, 
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1 submitted with the funding request and 

2 approved by the Board, to demonstrate all 

3 other Federal, State, and local authorities 

4 for the acquisition of real property have 

5 been exhausted. 

6 (iv) RESTRICTIONS.—A real property 

7 interest may not be acquired pursuant to a 

8 fish habitat conservation project by a 

9 State, local government, or other non-Fed10 eral entity, unless— 

11 (I) the owner of the real property 

12 authorizes the State, local govern13 ment, or other non-Federal entity to 

14 acquire the real property; and 

15 (II) the Secretary and the Board 

16 determine that the State, local govern17 ment, or other non-Federal entity 

18 would benefit from undertaking the 

19 management of the real property 

20 being acquired because that is in ac21 cordance with the goals of a partner22 ship. 

23 (5) NON-FEDERAL CONTRIBUTIONS.— 

24 (A) IN GENERAL.—Except as provided in 

25 subparagraph (B), no fish habitat conservation 
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1 project may be recommended by the Board 

2 under paragraph (2) or provided financial as3 sistance under this section unless at least 50 

4 percent of the cost of the fish habitat conserva5 tion project will be funded with non-Federal 

6 funds. 

7 (B) NON-FEDERAL SHARE.—The non-Fed8 eral share of the cost of a fish habitat conserva9 tion project— 

10 (i) may not be derived from another 

11 Federal grant program; but 

12 (ii) may include in-kind contributions 

13 and cash. 

14 (C) SPECIAL RULE FOR INDIAN TRIBES.— 

15 Notwithstanding subparagraph (A) or any other 

16 provision of law, any funds made available to 

17 an Indian tribe pursuant to this section may be 

18 considered to be non-Federal funds for the pur19 pose of subparagraph (A). 

20 (6) APPROVAL.— 

21 (A) IN GENERAL.—Not later than 90 days 

22 after the date of receipt of the recommended 

23 priority list of fish habitat conservation projects 

24 under paragraph (2), subject to the limitations 

25 of paragraph (4), and based, to the maximum 
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1 extent practicable, on the criteria described in 

2 paragraph (3), the Secretary, after consulting 

3 with the Secretary of Commerce on marine or 

4 estuarine projects, shall approve or reject any 

5 fish habitat conservation project recommended 

6 by the Board. 

7 (B) FUNDING.—If the Secretary approves 

8 a fish habitat conservation project under sub9 paragraph (A), the Secretary shall use amounts 

10 made available to carry out this section to pro11 vide funds to carry out the fish habitat con12 servation project. 

13 (C) NOTIFICATION.—If the Secretary re14 jects any fish habitat conservation project rec15 ommended by the Board under paragraph (2), 

16 not later than 180 days after the date of receipt 

17 of the recommendation, the Secretary shall pro18 vide to the Board, the appropriate Partnership, 

19 and the appropriate congressional committees a 

20 written statement of the reasons that the Sec21 retary rejected the fish habitat conservation 

22 project. 

23 (g) TECHNICAL AND SCIENTIFIC ASSISTANCE.— 

24 (1) IN GENERAL.—The Director, the NOAA 

25 Assistant Administrator, the EPA Assistant Admin-
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1 istrator, and the Director of the United States Geo2 logical Survey, in coordination with the Forest Serv3 ice and other appropriate Federal departments and 

4 agencies, may provide scientific and technical assist5 ance to the Partnerships, participants in fish habitat 

6 conservation projects, and the Board. 

7 (2) INCLUSIONS.—Scientific and technical as8 sistance provided pursuant to paragraph (1) may in9 clude— 

10 (A) providing technical and scientific as11 sistance to States, Indian tribes, regions, local 

12 communities, and nongovernmental organiza13 tions in the development and implementation of 

14 Partnerships; 

15 (B) providing technical and scientific as16 sistance to Partnerships for habitat assessment, 

17 strategic planning, and prioritization; 

18 (C) supporting the development and imple19 mentation of fish habitat conservation projects 

20 that are identified as high priorities by Partner21 ships and the Board; 

22 (D) supporting and providing recommenda23 tions regarding the development of science24 based monitoring and assessment approaches 

25 for implementation through Partnerships; 
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1 (E) supporting and providing recommenda2 tions for a national fish habitat assessment; 

3 (F) ensuring the availability of experts to 

4 assist in conducting scientifically based evalua5 tion and reporting of the results of fish habitat 

6 conservation projects; and 

7 (G) providing resources to secure state 

8 agency scientific and technical assistance to 

9 support Partnerships, participants in fish habi10 tat conservation projects, and the Board. 

11 (h) COORDINATION WITH STATES AND INDIAN

12 TRIBES.—The Secretary shall provide a notice to, and co13 operate with, the appropriate State agency or tribal agen14 cy, as applicable, of each State and Indian tribe within 

15 the boundaries of which an activity is planned to be car16 ried out pursuant to this section, including notification, 

17 by not later than 30 days before the date on which the 

18 activity is implemented. 

19 (i) INTERAGENCY OPERATIONAL PLAN.—Not later 

20 than 1 year after the date of enactment of this Act, and 

21 every 5 years thereafter, the Director, in cooperation with 

22 the NOAA Assistant Administrator, the EPA Assistant 

23 Administrator, the Director of the United States Geologi24 cal Survey, and the heads of other appropriate Federal 

25 departments and agencies (including at a minimum, those 
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1 agencies represented on the Board) shall develop an inter2 agency operational plan that describes— 

3 (1) the functional, operational, technical, sci4 entific, and general staff, administrative, and mate5 rial needs for the implementation of this section; and 

6 (2) any interagency agreements between or 

7 among Federal departments and agencies to address 

8 those needs. 

9 (j) ACCOUNTABILITY AND REPORTING.— 

10 (1) REPORTING.— 

11 (A) IN GENERAL.—Not later than 5 years 

12 after the date of enactment of this Act, and 

13 every 5 years thereafter, the Board shall submit 

14 to the appropriate congressional committees a 

15 report describing the progress of this section. 

16 (B) CONTENTS.—Each report submitted 

17 under subparagraph (A) shall include— 

18 (i) an estimate of the number of 

19 acres, stream miles, or acre-feet, or other 

20 suitable measures of fish habitat, that was 

21 maintained or improved by partnerships of 

22 Federal, State, or local governments, In23 dian tribes, or other entities in the United 

24 States during the 5-year period ending on 

25 the date of submission of the report; 
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1 (ii) a description of the public access 

2 to fish habitats established or improved 

3 during that 5-year period; 

4 (iii) a description of the improved op5 portunities for public recreational fishing; 

6 and 

7 (iv) an assessment of the status of 

8 fish habitat conservation projects carried 

9 out with funds provided under this section 

10 during that period, disaggregated by year, 

11 including— 

12 (I) a description of the fish habi13 tat conservation projects rec14 ommended by the Board under sub15 section (f)(2); 

16 (II) a description of each fish 

17 habitat conservation project approved 

18 by the Secretary under subsection 

19 (f)(6), in order of priority for funding; 

20 (III) a justification for— 

21 (aa) the approval of each 

22 fish habitat conservation project; 

23 and 
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1 (bb) the order of priority for 

2 funding of each fish habitat con3 servation project; 

4 (IV) a justification for any rejec5 tion of a fish habitat conservation 

6 project recommended by the Board 

7 under subsection (f)(2) that was 

8 based on a factor other than the cri9 teria described in subsection (f)(3); 

10 and 

11 (V) an accounting of expendi12 tures by Federal, State, or local gov13 ernments, Indian tribes, or other enti14 ties to carry out fish habitat conserva15 tion projects. 

16 (2) STATUS AND TRENDS REPORT.—Not later 

17 than December 31, 2016, and every 5 years there18 after, the Board shall submit to the appropriate con19 gressional committees a report that includes— 

20 (A) a status of all Partnerships approved 

21 under this section; 

22 (B) a description of the status of fish habi23 tats in the United States as identified by estab24 lished Partnerships; and 
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1 (C) enhancements or reductions in public 

2 access as a result of— 

3 (i) the activities of the Partnerships; 

4 or 

5 (ii) any other activities carried out 

6 pursuant to this section. 

7 (3) REVISIONS.—Not later than December 31, 

8 2016, and every 5 years thereafter, the Board shall 

9 consider revising the goals of the Board, after con10 sideration of each report required by paragraph (2). 

11 (k) EFFECT OF SECTION.— 

12 (1) WATER RIGHTS.—Nothing in this section— 

13 (A) establishes any express or implied re14 served water right in the United States for any 

15 purpose; 

16 (B) affects any water right in existence on 

17 the date of enactment of this Act; 

18 (C) preempts or affects any State water 

19 law or interstate compact governing water; or 

20 (D) affects any Federal or State law in ex21 istence on the date of enactment of the Act re22 garding water quality or water quantity. 

23 (2) AUTHORITY TO ACQUIRE WATER RIGHTS OR

24 RIGHTS TO PROPERTY.—Under this section, only a 

25 State, local government, or other non-Federal entity 
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1 may acquire, under State law, water rights or rights 

2 to property. 

3 (3) STATE AUTHORITY.—Nothing in this sec4 tion— 

5 (A) affects the authority, jurisdiction, or 

6 responsibility of a State to manage, control, or 

7 regulate fish and wildlife under the laws and 

8 regulations of the State; or 

9 (B) authorizes the Secretary to control or 

10 regulate within a State the fishing or hunting 

11 of fish and wildlife. 

12 (4) EFFECT ON INDIAN TRIBES.—Nothing in 

13 this section abrogates, abridges, affects, modifies, 

14 supersedes, or alters any right of an Indian tribe 

15 recognized by treaty or any other means, includ16 ing— 

17 (A) an agreement between the Indian tribe 

18 and the United States; 

19 (B) Federal law (including regulations); 

20 (C) an Executive order; or 

21 (D) a judicial decree. 

22 (5) ADJUDICATION OF WATER RIGHTS.—Noth23 ing in this section diminishes or affects the ability 

24 of the Secretary to join an adjudication of rights to 

25 the use of water pursuant to subsection (a), (b), or 
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1 (c) of section 208 of the Department of Justice Ap2 propriation Act, 1953 (43 U.S.C. 666). 

3 (6) DEPARTMENT OF COMMERCE AUTHOR4 ITY.—Nothing in this section affects the authority, 

5 jurisdiction, or responsibility of the Department of 

6 Commerce to manage, control, or regulate fish or 

7 fish habitats under the Magnuson-Stevens Fishery 

8 Conservation and Management Act (16 U.S.C. 1801 

9 et seq.). 

10 (7) EFFECT ON OTHER AUTHORITIES.— 

11 (A) PRIVATE PROPERTY PROTECTION.— 

12 Nothing in this section permits the use of funds 

13 made available to carry out this section to ac14 quire real property or a real property interest 

15 without the written consent of each owner of 

16 the real property or real property interest. 

17 (B) MITIGATION.—Nothing in this section 

18 permits the use of funds made available to 

19 carry out this section for fish and wildlife miti20 gation purposes under— 

21 (i) the Federal Water Pollution Con22 trol Act (33 U.S.C. 1251 et seq.); 

23 (ii) the Fish and Wildlife Coordina24 tion Act (16 U.S.C. 661 et seq.); 
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1 (iii) the Water Resources Develop2 ment Act of 1986 (Public Law 99–662; 

3 100 Stat. 4082); or 

4 (iv) any other Federal law or court 

5 settlement. 

6 (C) CLEAN WATER ACT.—Nothing in this 

7 section affects any provision of the Federal 

8 Water Pollution Control Act (33 U.S.C. 1251 et 

9 seq.), including any definition in that Act. 

10 (l) NONAPPLICABILITY OF FEDERAL ADVISORY COM11 MITTEE ACT.—The Federal Advisory Committee Act (5 

12 U.S.C. App.) shall not apply to— 

13 (1) the Board; or 

14 (2) any Partnership. 

15 (m) FUNDING.— 

16 (1) AUTHORIZATION OF APPROPRIATIONS.— 

17 (A) FISH HABITAT CONSERVATION

18 PROJECTS.—There is authorized to be appro19 priated to the Secretary $7,200,000 for each of 

20 fiscal years 2016 through 2021 to provide 

21 funds for fish habitat conservation projects ap22 proved under subsection (f)(6), of which 5 per23 cent shall be made available for each fiscal year 

24 for projects carried out by Indian tribes. 
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1 (B) ADMINISTRATIVE AND PLANNING EX2 PENSES.—There is authorized to be appro3 priated to the Secretary for each of fiscal years 

4 2016 through 2021 an amount equal to 5 per5 cent of the amount appropriated for the appli6 cable fiscal year pursuant to subparagraph 

7 (A)— 

8 (i) for administrative and planning ex9 penses; and 

10 (ii) to carry out subsection (j). 

11 (C) TECHNICAL AND SCIENTIFIC ASSIST12 ANCE.—There is authorized to be appropriated 

13 for each of fiscal years 2016 through 2021 to 

14 carry out, and provide technical and scientific 

15 assistance under, subsection (g)— 

16 (i) $500,000 to the Secretary for use 

17 by the United States Fish and Wildlife 

18 Service; 

19 (ii) $500,000 to the NOAA Assistant 

20 Administrator for use by the National Oce21 anic and Atmospheric Administration; 

22 (iii) $500,000 to the EPA Assistant 

23 Administrator for use by the Environ24 mental Protection Agency; and 
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1 (iv) $500,000 to the Secretary for use 

2 by the United States Geological Survey. 

3 (2) AGREEMENTS AND GRANTS.—The Secretary 

4 may— 

5 (A) on the recommendation of the Board, 

6 and notwithstanding sections 6304 and 6305 of 

7 title 31, United States Code, and the Federal 

8 Financial Assistance Management Improvement 

9 Act of 1999 (31 U.S.C. 6101 note; Public Law 

10 106–107), enter into a grant agreement, coop11 erative agreement, or contract with a Partner12 ship or other entity for a fish habitat conserva13 tion project or restoration or enhancement 

14 project; 

15 (B) apply for, accept, and use a grant 

16 from any individual or entity to carry out the 

17 purposes of this section; and 

18 (C) make funds available to any Federal 

19 department or agency for use by that depart20 ment or agency to provide grants for any fish 

21 habitat protection project, restoration project, 

22 or enhancement project that the Secretary de23 termines to be consistent with this section. 

24 (3) DONATIONS.— 

25 (A) IN GENERAL.—The Secretary may— 
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1 (i) enter into an agreement with any 

2 organization described in section 501(c)(3) 

3 of the Internal Revenue Code of 1986 that 

4 is exempt from taxation under section 

5 501(a) of that Code to solicit private dona6 tions to carry out the purposes of this sec7 tion; and 

8 (ii) accept donations of funds, prop9 erty, and services to carry out the purposes 

10 of this section. 

11 (B) TREATMENT.—A donation accepted 

12 under this section— 

13 (i) shall be considered to be a gift or 

14 bequest to, or otherwise for the use of, the 

15 United States; and 

16 (ii) may be— 

17 (I) used directly by the Sec18 retary; or 

19 (II) provided to another Federal 

20 department or agency through an 

21 interagency agreement. 
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1 SEC. 10254. GULF STATES MARINE FISHERIES COMMISSION 

2 REPORT ON GULF OF MEXICO OUTER CONTI3 NENTAL SHELF STATE BOUNDARY EXTEN4 SION. 

5 (a) REPORT ON RESOURCE MANAGEMENT OUT6 COMES.—Not later than March 1, 2017, the Gulf States 

7 Marine Fisheries Commission shall submit to the Com8 mittee on Commerce, Science, and Transportation of the 

9 Senate and the Committees on Natural Resources and 

10 Transportation and Infrastructure of the House of Rep11 resentatives a report on the economic, conservation and 

12 management, and law enforcement impacts of the imple13 mentation of section 110 of division B of the Consolidated 

14 Appropriations Act, 2016 (Public Law 114–113). 

15 (b) INFORMATION REQUIRED.—The report required 

16 under subsection (a) shall include a detailed accounting 

17 of how the implementation of section 110 of division B 

18 of the Consolidated Appropriations Act, 2016 (Public Law 

19 114–113) has affected— 

20 (1) the economies of the States of Alabama, 

21 Florida, Louisiana, Mississippi, and Texas; 

22 (2) the sustained participation of fishing com23 munities; 

24 (3) conservation and management of living re25 sources under all applicable Federal laws; 

26 (4) enforcement of Federal maritime laws; and 
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1 (5) the ability of the governments of the States 

2 described in paragraph (1) to effectively manage ac3 tivities pursuant to the fishery management plan for 

4 reef fish resources of the Gulf of Mexico. 

5 (c) FUNDING.— 

6 (1) IN GENERAL.—Subject to the availability of 

7 appropriations, the Secretary of Commerce shall 

8 make available to the Gulf States Marine Fisheries 

9 Commission $500,000 to carry out the report re10 quired under subsection (a). 

11 (2) SUBSEQUENT APPROPRIATIONS.—Amounts 

12 made available under paragraph (1) shall be avail13 able only to the extent specifically provided for in 

14 advance in subsequent appropriations Acts. 

15 SEC. 10255. GAO REPORT ON GULF OF MEXICO OUTER CON16 TINENTAL SHELF STATE BOUNDARY EXTEN17 SION. 

18 (a) REPORT ON RESOURCE MANAGEMENT OUT19 COMES.—Not later than March 1, 2017, the Comptroller 

20 General of the United States shall submit to the Com21 mittee on Commerce, Science, and Transportation of the 

22 Senate and the Committee on Natural Resources and the 

23 Committee on Transportation and Infrastructure of the 

24 House of Representatives a report on the economic, con25 servation and management, and law enforcement impacts 
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1 of section 110 of division B of the Consolidated Appropria2 tions Act, 2016 (Public Law 114–113). 

3 (b) INFORMATION REQUIRED.—The report required 

4 by subsection (a) shall include a detailed accounting of 

5 how section 110 of division B of the Consolidated Appro6 priations Act, 2016 (Public Law 114–113) has affected— 

7 (1) the economies of Alabama, Florida, Lou8 isiana, Mississippi, and Texas; 

9 (2) the sustained participation of fishing com10 munities; 

11 (3) conservation and management of living re12 sources under all applicable Federal laws; 

13 (4) enforcement of Federal maritime laws; and 

14 (5) the ability of the governments of Alabama, 

15 Florida, Louisiana, Mississippi, and Texas to effec16 tively manage activities pursuant to the fishery man17 agement plan for reef fish resources of the Gulf of 

18 Mexico. 

19 PART VII—MISCELLANEOUS 

20 SEC. 10261. RESPECT FOR TREATIES AND RIGHTS. 

21 Nothing in this subtitle or the amendments made by 

22 this subtitle— 

23 (1) affects or modifies any treaty or other right 

24 of any federally recognized Indian tribe; or 
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1 (2) modifies any provision of Federal law relat2 ing to migratory birds or to endangered or threat3 ened species. 

4 SEC. 10262. NO PRIORITY. 

5 Nothing in this subtitle or the amendments made by 

6 this subtitle provides a preference to hunting, fishing, or 

7 recreational shooting over any other use of Federal land 

8 or water. 

9 Subtitle D—Water Infrastructure 

10 and Related Matters 

11 PART I—FONTENELLE RESERVOIR 

12 SEC. 10301. AUTHORITY TO MAKE ENTIRE ACTIVE CAPAC13 ITY OF FONTENELLE RESERVOIR AVAILABLE 

14 FOR USE. 

15 (a) IN GENERAL.—The Secretary of the Interior, in 

16 cooperation with the State of Wyoming, may amend the 

17 Definite Plan Report for the Seedskadee Project author18 ized under the first section of the Act of April 11, 1956 

19 (commonly known as the ‘‘Colorado River Storage Project 

20 Act’’) (43 U.S.C. 620), to provide for the study, design, 

21 planning, and construction activities that will enable the 

22 use of all active storage capacity (as may be defined or 

23 limited by legal, hydrologic, structural, engineering, eco24 nomic, and environmental considerations) of Fontenelle 

25 Dam and Reservoir, including the placement of sufficient 
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1 riprap on the upstream face of Fontenelle Dam to allow 

2 the active storage capacity of Fontenelle Reservoir to be 

3 used for those purposes for which the Seedskadee Project 

4 was authorized. 

5 (b) COOPERATIVE AGREEMENTS.— 

6 (1) IN GENERAL.—The Secretary of the Inte7 rior may enter into any contract, grant, cooperative 

8 agreement, or other agreement that is necessary to 

9 carry out subsection (a). 

10 (2) STATE OF WYOMING.— 

11 (A) IN GENERAL.—The Secretary of the 

12 Interior shall enter into a cooperative agree13 ment with the State of Wyoming to work in co14 operation and collaboratively with the State of 

15 Wyoming for planning, design, related 

16 preconstruction activities, and construction of 

17 any modification of the Fontenelle Dam under 

18 subsection (a). 

19 (B) REQUIREMENTS.—The cooperative 

20 agreement under subparagraph (A) shall, at a 

21 minimum, specify the responsibilities of the 

22 Secretary of the Interior and the State of Wyo23 ming with respect to— 
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1 (i) completing the planning and final 

2 design of the modification of the 

3 Fontenelle Dam under subsection (a); 

4 (ii) any environmental and cultural re5 source compliance activities required for 

6 the modification of the Fontenelle Dam 

7 under subsection (a) including compliance 

8 with— 

9 (I) the National Environmental 

10 Policy Act of 1969 (42 U.S.C. 4321 

11 et seq.); 

12 (II) the Endangered Species Act 

13 of 1973 (16 U.S.C. 1531 et seq.); and 

14 (III) subdivision 2 of division A 

15 of subtitle III of title 54, United 

16 States Code; and 

17 (iii) the construction of the modifica18 tion of the Fontenelle Dam under sub19 section (a). 

20 (c) FUNDING BY STATE OF WYOMING.—Pursuant to 

21 the Act of March 4, 1921 (41 Stat. 1404, chapter 161; 

22 43 U.S.C. 395), and as a condition of providing any addi23 tional storage under subsection (a), the State of Wyoming 

24 shall provide to the Secretary of the Interior funds for any 

25 work carried out under subsection (a). 
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1 (d) OTHER CONTRACTING AUTHORITY.— 

2 (1) IN GENERAL.—The Secretary of the Inte3 rior may enter into contracts with the State of Wyo4 ming, on such terms and conditions as the Secretary 

5 of the Interior and the State of Wyoming may agree, 

6 for division of any additional active capacity made 

7 available under subsection (a). 

8 (2) TERMS AND CONDITIONS.—Unless other9 wise agreed to by the Secretary of the Interior and 

10 the State of Wyoming, a contract entered into under 

11 paragraph (1) shall be subject to the terms and con12 ditions of Bureau of Reclamation Contract No. 14– 

13 06–400–2474 and Bureau of Reclamation Contract 

14 No. 14–06–400–6193. 

15 SEC. 10302. SAVINGS PROVISIONS. 

16 Unless expressly provided in this part, nothing in this 

17 part modifies, conflicts with, preempts, or otherwise af18 fects— 

19 (1) the Act of December 31, 1928 (43 U.S.C. 

20 617 et seq.) (commonly known as the ‘‘Boulder Can21 yon Project Act’’); 

22 (2) the Colorado River Compact of 1922, as ap23 proved by the Presidential Proclamation of June 25, 

24 1929 (46 Stat. 3000); 
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1 (3) the Act of July 19, 1940 (43 U.S.C. 618 

2 et seq.) (commonly known as the ‘‘Boulder Canyon 

3 Project Adjustment Act’’); 

4 (4) the Treaty between the United States of 

5 America and Mexico relating to the utilization of 

6 waters of the Colorado and Tijuana Rivers and of 

7 the Rio Grande, and supplementary protocol signed 

8 November 14, 1944, signed at Washington February 

9 3, 1944 (59 Stat. 1219); 

10 (5) the Upper Colorado River Basin Compact 

11 as consented to by the Act of April 6, 1949 (63 

12 Stat. 31); 

13 (6) the Act of April 11, 1956 (commonly known 

14 as the ‘‘Colorado River Storage Project Act’’) (43 

15 U.S.C. 620 et seq.); 

16 (7) the Colorado River Basin Project Act (Pub17 lic Law 90–537; 82 Stat. 885); or 

18 (8) any State of Wyoming or other State water 

19 law. 

20 PART II—BUREAU OF RECLAMATION 

21 TRANSPARENCY 

22 SEC. 10311. DEFINITIONS. 

23 In this part: 

24 (1) ASSET.— 
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1 (A) IN GENERAL.—The term ‘‘asset’’ 

2 means any of the following assets that are used 

3 to achieve the mission of the Bureau of Rec4 lamation to manage, develop, and protect water 

5 and related resources in an environmentally and 

6 economically sound manner in the interest of 

7 the people of the United States: 

8 (i) Capitalized facilities, buildings, 

9 structures, project features, power produc10 tion equipment, recreation facilities, or 

11 quarters. 

12 (ii) Capitalized and noncapitalized 

13 heavy equipment and other installed equip14 ment. 

15 (B) INCLUSIONS.—The term ‘‘asset’’ in16 cludes assets described in subparagraph (A) 

17 that are considered to be mission critical. 

18 (2) ASSET MANAGEMENT REPORT.—The term 

19 ‘‘Asset Management Report’’ means— 

20 (A) the annual plan prepared by the Bu21 reau of Reclamation known as the ‘‘Asset Man22 agement Plan’’; and 

23 (B) any publicly available information re24 lating to the plan described in subparagraph 

25 (A) that summarizes the efforts of the Bureau 
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1 of Reclamation to evaluate and manage infra2 structure assets of the Bureau of Reclamation. 

3 (3) MAJOR REPAIR AND REHABILITATION

4 NEED.—The term ‘‘major repair and rehabilitation 

5 need’’ means major nonrecurring maintenance at a 

6 Reclamation facility, including maintenance related 

7 to the safety of dams, extraordinary maintenance of 

8 dams, deferred major maintenance activities, and all 

9 other significant repairs and extraordinary mainte10 nance. 

11 (4) RECLAMATION FACILITY.—The term ‘‘Rec12 lamation facility’’ means each of the infrastructure 

13 assets that are owned by the Bureau of Reclamation 

14 at a Reclamation project. 

15 (5) RECLAMATION PROJECT.—The term ‘‘Rec16 lamation project’’ means a project that is owned by 

17 the Bureau of Reclamation, including all reserved 

18 works and transferred works owned by the Bureau 

19 of Reclamation. 

20 (6) RESERVED WORKS.—The term ‘‘reserved 

21 works’’ means buildings, structures, facilities, or 

22 equipment that are owned by the Bureau of Rec23 lamation for which operations and maintenance are 

24 performed by employees of the Bureau of Reclama25 tion or through a contract entered into by the Bu-
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1 reau of Reclamation, regardless of the source of 

2 funding for the operations and maintenance. 

3 (7) SECRETARY.—The term ‘‘Secretary’’ means 

4 the Secretary of the Interior. 

5 (8) TRANSFERRED WORKS.—The term ‘‘trans6 ferred works’’ means a Reclamation facility at which 

7 operations and maintenance of the facility is carried 

8 out by a non-Federal entity under the provisions of 

9 a formal operations and maintenance transfer con10 tract or other legal agreement with the Bureau of 

11 Reclamation. 

12 SEC. 10312. ASSET MANAGEMENT REPORT ENHANCEMENTS 

13 FOR RESERVED WORKS. 

14 (a) IN GENERAL.—Not later than 2 years after the 

15 date of enactment of this Act, the Secretary shall submit 

16 to Congress an Asset Management Report that— 

17 (1) describes the efforts of the Bureau of Rec18 lamation— 

19 (A) to maintain in a reliable manner all re20 served works at Reclamation facilities; and 

21 (B) to standardize and streamline data re22 porting and processes across regions and areas 

23 for the purpose of maintaining reserved works 

24 at Reclamation facilities; and 
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1 (2) expands on the information otherwise pro2 vided in an Asset Management Report, in accord3 ance with subsection (b). 

4 (b) INFRASTRUCTURE MAINTENANCE NEEDS AS5 SESSMENT.— 

6 (1) IN GENERAL.—The Asset Management Re7 port submitted under subsection (a) shall include— 

8 (A) a detailed assessment of major repair 

9 and rehabilitation needs for all reserved works 

10 at all Reclamation projects; and 

11 (B) to the extent practicable, an itemized 

12 list of major repair and rehabilitation needs of 

13 individual Reclamation facilities at each Rec14 lamation project. 

15 (2) INCLUSIONS.—To the extent practicable, 

16 the itemized list of major repair and rehabilitation 

17 needs under paragraph (1)(B) shall include— 

18 (A) a budget level cost estimate of the ap19 propriations needed to complete each item; and 

20 (B) an assignment of a categorical rating 

21 for each item, consistent with paragraph (3). 

22 (3) RATING REQUIREMENTS.— 

23 (A) IN GENERAL.—The system for assign24 ing ratings under paragraph (2)(B) shall be— 
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1 (i) consistent with existing uniform 

2 categorization systems to inform the an3 nual budget process and agency require4 ments; and 

5 (ii) subject to the guidance and in6 structions issued under subparagraph (B). 

7 (B) GUIDANCE.—As soon as practicable 

8 after the date of enactment of this Act, the Sec9 retary shall issue guidance that describes the 

10 applicability of the rating system applicable 

11 under paragraph (2)(B) to Reclamation facili12 ties. 

13 (4) PUBLIC AVAILABILITY.—Except as provided 

14 in paragraph (5), the Secretary shall make publicly 

15 available, including on the Internet, the Asset Man16 agement Report required under subsection (a). 

17 (5) CONFIDENTIALITY.—The Secretary may ex18 clude from the public version of the Asset Manage19 ment Report made available under paragraph (4) 

20 any information that the Secretary identifies as sen21 sitive or classified, but shall make available 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 version of the report 

25 containing the sensitive or classified information. 
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1 (c) UPDATES.—Not later than 2 years after the date 

2 on which the Asset Management Report is submitted 

3 under subsection (a) and biennially thereafter, the Sec4 retary shall update the Asset Management Report, subject 

5 to the requirements of section 6313(b)(2). 

6 (d) CONSULTATION.—To the extent that such con7 sultation would assist the Secretary in preparing the Asset 

8 Management Report under subsection (a) and updates to 

9 the Asset Management Report under subsection (c), the 

10 Secretary shall consult with— 

11 (1) the Secretary of the Army (acting through 

12 the Chief of Engineers); and 

13 (2) water and power contractors. 

14 SEC. 10313. ASSET MANAGEMENT REPORT ENHANCEMENTS 

15 FOR TRANSFERRED WORKS. 

16 (a) IN GENERAL.—The Secretary shall coordinate 

17 with the non-Federal entities responsible for the operation 

18 and maintenance of transferred works in developing re19 porting requirements for Asset Management Reports with 

20 respect to major repair and rehabilitation needs for trans21 ferred works that are similar to the reporting require22 ments described in section 6312(b). 

23 (b) GUIDANCE.— 

24 (1) IN GENERAL.—After considering input from 

25 water and power contractors of the Bureau of Rec-
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1 lamation, the Secretary shall develop and implement 

2 a rating system for transferred works that incor3 porates, to the maximum extent practicable, the rat4 ing system for major repair and rehabilitation needs 

5 for reserved works developed under section 

6 6312(b)(3). 

7 (2) UPDATES.—The ratings system developed 

8 under paragraph (1) shall be included in the up9 dated Asset Management Reports under section 

10 6312(c). 

11 SEC. 10314. OFFSET. 

12 Notwithstanding any other provision of law, in the 

13 case of the project authorized by section 1617 of the Rec14 lamation Projects Authorization and Adjustment Act of 

15 1992 (43 U.S.C. 390h–12c), the maximum amount of the 

16 Federal share of the cost of the project under section 

17 1631(d)(1) of that Act (43 U.S.C. 390h–13(d)(1)) other18 wise available as of the date of enactment of this Act shall 

19 be reduced by $2,000,000. 

20 PART III—BASIN WATER MANAGEMENT 

21 Subpart A—Yakima River Basin Water Enhancement 

22 SEC. 10321. SHORT TITLE. 

23 This subpart may be cited as the ‘‘Yakima River 

24 Basin Water Enhancement Project Phase III Act of 

25 2016’’. 
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1 SEC. 10322. MODIFICATION OF TERMS, PURPOSES, AND 

2 DEFINITIONS. 

3 (a) MODIFICATION OF TERMS.—Title XII of Public 

4 Law 103–434 (108 Stat. 4550) is amended— 

5 (1) by striking ‘‘Yakama Indian’’ each place it 

6 appears (except section 1204(g)) and inserting 

7 ‘‘Yakama’’; and 

8 (2) by striking ‘‘Superintendent’’ each place it 

9 appears and inserting ‘‘Manager’’. 

10 (b) MODIFICATION OF PURPOSES.—Section 1201 of 

11 Public Law 103–434 (108 Stat. 4550) is amended— 

12 (1) by striking paragraph (1) and inserting the 

13 following: 

14 ‘‘(1) to protect, mitigate, and enhance fish and 

15 wildlife and the recovery and maintenance of self16 sustaining harvestable populations of fish and other 

17 aquatic life, both anadromous and resident species, 

18 throughout their historic distribution range in the 

19 Yakima Basin through— 

20 ‘‘(A) improved water management and the 

21 constructions of fish passage at storage and di22 version dams, as authorized under the Hoover 

23 Power Plant Act of 1984 (43 U.S.C. 619 et 

24 seq.); 

25 ‘‘(B) improved instream flows and water 

26 supplies; 
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1 ‘‘(C) improved water quality, watershed, 

2 and ecosystem function; 

3 ‘‘(D) protection, creation, and enhance4 ment of wetlands; and 

5 ‘‘(E) other appropriate means of habitat 

6 improvement;’’; 

7 (2) in paragraph (2), by inserting ‘‘, municipal, 

8 industrial, and domestic water supply and use pur9 poses, especially during drought years, including re10 ducing the frequency and severity of water supply 

11 shortages for pro-ratable irrigation entities’’ before 

12 the semicolon at the end; 

13 (3) by striking paragraph (4); 

14 (4) by redesignating paragraph (3) as para15 graph (4); 

16 (5) by inserting after paragraph (2) the fol17 lowing: 

18 ‘‘(3) to authorize the Secretary to make water 

19 available for purchase or lease for meeting munic20 ipal, industrial, and domestic water supply pur21 poses;’’; 

22 (6) by redesignating paragraphs (5) and (6) as 

23 paragraphs (6) and (8), respectively; 

24 (7) by inserting after paragraph (4) (as so re25 designated) the following: 
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1 ‘‘(5) to realize sufficient water savings from im2 plementing the Yakima River Basin Integrated 

3 Water Resource Management Plan, so that not less 

4 than 85,000 acre feet of water savings are achieved 

5 by implementing the first phase of the Integrated 

6 Plan pursuant to section 1213(a), in addition to the 

7 165,000 acre feet of water savings targeted through 

8 the Basin Conservation Program, as authorized on 

9 October 31, 1994;’’; 

10 (8) in paragraph (6) (as so redesignated)— 

11 (A) by inserting ‘‘an increase in’’ before 

12 ‘‘voluntary’’; and 

13 (B) by striking ‘‘and’’ at the end; 

14 (9) by inserting after paragraph (6) (as so re15 designated) the following: 

16 ‘‘(7) to encourage an increase in the use of, and 

17 reduce the barriers to, water transfers, leasing, mar18 kets, and other voluntary transactions among public 

19 and private entities to enhance water management 

20 in the Yakima River basin;’’; 

21 (10) in paragraph (8) (as redesignated by para22 graph (6)), by striking the period at the end and in23 serting a semicolon; and 

24 (11) by adding at the end the following: 
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1 ‘‘(9) to improve the resilience of the ecosystems, 

2 economies, and communities in the Basin as they 

3 face drought, hydrologic changes, and other related 

4 changes and variability in natural and human sys5 tems, for the benefit of both the people and the fish 

6 and wildlife of the region; and 

7 ‘‘(10) to authorize and implement the Yakima 

8 River Basin Integrated Water Resource Manage9 ment Plan as Phase III of the Yakima River Basin 

10 Water Enhancement Project, as a balanced and 

11 cost-effective approach to maximize benefits to the 

12 communities and environment in the Basin.’’. 

13 (c) MODIFICATION OF DEFINITIONS.—Section 1202 

14 of Public Law 103–434 (108 Stat. 4550) is amended— 

15 (1) by redesignating paragraphs (6), (7), (8), 

16 (9), (10), (11), (12), (13), and (14) as paragraphs 

17 (8), (10), (11), (13), (14), (15), (16), (18), and 

18 (19), respectively; 

19 (2) by inserting after paragraph (5) the fol20 lowing: 

21 ‘‘(6) DESIGNATED FEDERAL OFFICIAL.—The 

22 term ‘designated Federal official’ means the Com23 missioner of Reclamation (or a designee), acting 

24 pursuant to the charter of the Conservation Advisory 

25 Group. 
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1 ‘‘(7) INTEGRATED PLAN.—The terms ‘Inte2 grated Plan’ and ‘Yakima River Basin Integrated 

3 Water Resource Plan’ mean the plan and activities 

4 authorized by the Yakima River Basin Water En5 hancement Project Phase III Act of 2016 and the 

6 amendments made by that subpart, to be carried out 

7 in cooperation with and in addition to activities of 

8 the State of Washington and Yakama Nation.’’; 

9 (3) by inserting after paragraph (8) (as redesig10 nated by paragraph (1)) the following: 

11 ‘‘(9) MUNICIPAL, INDUSTRIAL, AND DOMESTIC

12 WATER SUPPLY AND USE.—The term ‘municipal, in13 dustrial, and domestic water supply and use’ means 

14 the supply and use of water for— 

15 ‘‘(A) domestic consumption (whether urban 

16 or rural); 

17 ‘‘(B) maintenance and protection of public 

18 health and safety; 

19 ‘‘(C) manufacture, fabrication, processing, 

20 assembly, or other production of a good or com21 modity; 

22 ‘‘(D) production of energy; 

23 ‘‘(E) fish hatcheries; or 
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1 ‘‘(F) water conservation activities relating 

2 to a use described in subparagraphs (A) 

3 through (E).’’; 

4 (4) by inserting after paragraph (11) (as redes5 ignated by paragraph (1)) the following: 

6 ‘‘(12) PRORATABLE IRRIGATION ENTITY.—The 

7 term ‘proratable irrigation entity’ means a district, 

8 project, or State-recognized authority, board of con9 trol, agency, or entity located in the Yakima River 

10 basin that— 

11 ‘‘(A) manages and delivers irrigation water 

12 to farms in the basin; and 

13 ‘‘(B) possesses, or the members of which 

14 possess, water rights that are proratable during 

15 periods of water shortage.’’; and 

16 (5) by inserting after paragraph (16) (as redes17 ignated by paragraph (1)) the following: 

18 ‘‘(17) YAKIMA ENHANCEMENT PROJECT; YAK19 IMA RIVER BASIN WATER ENHANCEMENT

20 PROJECT.—The terms ‘Yakima Enhancement 

21 Project’ and ‘Yakima River Basin Water Enhance22 ment Project’ mean the Yakima River basin water 

23 enhancement project authorized by Congress pursu24 ant to this Act and other Acts (including Public Law 

25 96–162 (93 Stat. 1241), section 109 of Public Law 
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1 98–381 (16 U.S.C. 839b note; 98 Stat. 1340), Pub2 lic Law 105–62 (111 Stat. 1320), and Public Law 

3 106–372 (114 Stat. 1425)) to promote water con4 servation, water supply, habitat, and stream en5 hancement improvements in the Yakima River 

6 basin.’’. 

7 SEC. 10323. YAKIMA RIVER BASIN WATER CONSERVATION 

8 PROGRAM. 

9 Section 1203 of Public Law 103–434 (108 Stat. 

10 4551) is amended— 

11 (1) in subsection (a)— 

12 (A) in paragraph (1)— 

13 (i) in the second sentence, by striking 

14 ‘‘title’’ and inserting ‘‘section’’; and 

15 (ii) in the third sentence, by striking 

16 ‘‘within 5 years of the date of enactment 

17 of this Act’’; and 

18 (B) in paragraph (2), by striking ‘‘irriga19 tion’’ and inserting ‘‘the number of irrigated 

20 acres’’; 

21 (2) in subsection (c)— 

22 (A) in paragraph (2)— 

23 (i) in each of subparagraphs (A) 

24 through (D), by striking the comma at the 

25 end and inserting a semicolon; 
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1 (ii) in subparagraph (E), by striking 

2 the comma at the end and inserting ‘‘; 

3 and’’; 

4 (iii) in subparagraph (F), by striking 

5 ‘‘Department of Wildlife of the State of 

6 Washington, and’’ and inserting ‘‘Depart7 ment of Fish and Wildlife of the State of 

8 Washington.’’; and 

9 (iv) by striking subparagraph (G); 

10 (B) in paragraph (3)— 

11 (i) in each of subparagraphs (A) 

12 through (C), by striking the comma at the 

13 end and inserting a semicolon; 

14 (ii) in subparagraph (D), by striking 

15 ‘‘, and’’ and inserting a semicolon; 

16 (iii) in subparagraph (E), by striking 

17 the period at the end and inserting ‘‘; 

18 and’’; and 

19 (iv) by adding at the end the fol20 lowing: 

21 ‘‘(F) provide recommendations to advance 

22 the purposes and programs of the Yakima En23 hancement Project, including the Integrated 

24 Plan.’’; and 
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1 (C) by striking paragraph (4) and insert2 ing the following: 

3 ‘‘(4) AUTHORITY OF DESIGNATED FEDERAL OF4 FICIAL.—The designated Federal official may— 

5 ‘‘(A) arrange and provide logistical support 

6 for meetings of the Conservation Advisory 

7 Group; 

8 ‘‘(B) use a facilitator to serve as a moder9 ator for meetings of the Conservation Advisory 

10 Group or provide additional logistical support; 

11 and 

12 ‘‘(C) grant any request for a facilitator by 

13 any member of the Conservation Advisory 

14 Group.’’; 

15 (3) in subsection (d), by adding at the end the 

16 following: 

17 ‘‘(4) PAYMENT OF LOCAL SHARE BY STATE OR

18 FEDERAL GOVERNMENT.— 

19 ‘‘(A) IN GENERAL.—The State or the Fed20 eral Government may fund not more than the 

21 17.5 percent local share of the costs of the 

22 Basin Conservation Program in exchange for 

23 the long-term use of conserved water, subject to 

24 the requirement that the funding by the Fed25 eral Government of the local share of the costs 
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1 shall provide a quantifiable public benefit in 

2 meeting Federal responsibilities in the Basin 

3 and the purposes of this title. 

4 ‘‘(B) USE OF CONSERVED WATER.—The 

5 Yakima Project Manager may use water result6 ing from conservation measures taken under 

7 this title, in addition to water that the Bureau 

8 of Reclamation may acquire from any willing 

9 seller through purchase, donation, or lease, for 

10 water management uses pursuant to this title.’’; 

11 (4) in subsection (e), by striking the first sen12 tence and inserting the following: ‘‘To participate in 

13 the Basin Conservation Program, as described in 

14 subsection (b), an entity shall submit to the Sec15 retary a proposed water conservation plan.’’; 

16 (5) in subsection (i)(3)— 

17 (A) by striking ‘‘purchase or lease’’ each 

18 place it appears and inserting ‘‘purchase, lease, 

19 or management’’; and 

20 (B) in the third sentence, by striking 

21 ‘‘made immediately upon availability’’ and all 

22 that follows through ‘‘Committee’’ and inserting 

23 ‘‘continued as needed to provide water to be 

24 used by the Yakima Project Manager as rec25 ommended by the System Operations Advisory 
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1 Committee and the Conservation Advisory 

2 Group’’; and 

3 (6) in subsection (j)(4), in the first sentence, by 

4 striking ‘‘initial acquisition’’ and all that follows 

5 through ‘‘flushing flows’’ and inserting ‘‘acquisition 

6 of water from willing sellers or lessors specifically to 

7 provide improved instream flows for anadromous 

8 and resident fish and other aquatic life, including 

9 pulse flows to facilitate outward migration of anad10 romous fish’’. 

11 SEC. 10324. YAKIMA BASIN WATER PROJECTS, OPERATIONS, 

12 AND AUTHORIZATIONS. 

13 (a) YAKAMA NATION PROJECTS.—Section 1204 of 

14 Public Law 103–434 (108 Stat. 4555) is amended— 

15 (1) in subsection (a)(2), in the first sentence, 

16 by striking ‘‘not more than $23,000,000’’ and in17 serting ‘‘not more than $100,000,000’’; and 

18 (2) in subsection (g)— 

19 (A) by striking the subsection heading and 

20 inserting ‘‘REDESIGNATION OF YAKAMA INDIAN

21 NATION TO YAKAMA NATION.—’’; 

22 (B) by striking paragraph (1) and insert23 ing the following: 

24 ‘‘(1) REDESIGNATION.—The Confederated 

25 Tribes and Bands of the Yakama Indian Nation 
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1 shall be known and designated as the ‘Confederated 

2 Tribes and Bands of the Yakama Nation’.’’; and 

3 (C) in paragraph (2), by striking ‘‘deemed 

4 to be a reference to the ‘Confederated Tribes 

5 and Bands of the Yakama Indian Nation’.’’ and 

6 inserting ‘‘deemed to be a reference to the 

7 ‘Confederated Tribes and Bands of the Yakama 

8 Nation’.’’. 

9 (b) OPERATION OF YAKIMA BASIN PROJECTS.—Sec10 tion 1205 of Public Law 103–434 (108 Stat. 4557) is 

11 amended— 

12 (1) in subsection (a)— 

13 (A) in paragraph (4)— 

14 (i) in subparagraph (A)— 

15 (I) in clause (i)— 

16 (aa) by inserting ‘‘addi17 tional’’ after ‘‘secure’’; 

18 (bb) by striking ‘‘flushing’’ 

19 and inserting ‘‘pulse’’; and 

20 (cc) by striking ‘‘uses’’ and 

21 inserting ‘‘uses, in addition to the 

22 quantity of water provided under 

23 the treaty between the Yakama 

24 Nation and the United States’’; 

25 (II) by striking clause (ii); 
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1 (III) by redesignating clause (iii) 

2 as clause (ii); and 

3 (IV) in clause (ii) (as so redesig4 nated) by inserting ‘‘and water rights 

5 mandated’’ after ‘‘goals’’; and 

6 (ii) in subparagraph (B)(i), in the 

7 first sentence, by inserting ‘‘in proportion 

8 to the funding received’’ after ‘‘Program’’; 

9 (2) in subsection (b) (as amended by section 

10 6322(a)(2)), in the second sentence, by striking 

11 ‘‘instream flows for use by the Yakima Project Man12 ager as flushing flows or as otherwise’’ and inserting 

13 ‘‘fishery purposes, as’’; and 

14 (3) in subsection (e), by striking paragraph (1) 

15 and inserting the following: 

16 ‘‘(1) IN GENERAL.—Additional purposes of the 

17 Yakima Project shall be any of the following: 

18 ‘‘(A) To recover and maintain self-sus19 taining harvestable populations of native fish, 

20 both anadromous and resident species, through21 out their historic distribution range in the Yak22 ima Basin. 

23 ‘‘(B) To protect, mitigate, and enhance 

24 aquatic life and wildlife. 

25 ‘‘(C) Recreation. 
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1 ‘‘(D) Municipal, industrial, and domestic 

2 use.’’. 

3 (c) LAKE CLE ELUM AUTHORIZATION OF APPRO4 PRIATIONS.—Section 1206(a)(1) of Public Law 103–434 

5 (108 Stat. 4560), is amended, in the matter preceding 

6 subparagraph (A), by striking ‘‘at September’’ and all that 

7 follows through ‘‘to—’’ and inserting ‘‘not more than 

8 $12,000,000 to—’’. 

9 (d) ENHANCEMENT OF WATER SUPPLIES FOR YAK10 IMA BASIN TRIBUTARIES.—Section 1207 of Public Law 

11 103–434 (108 Stat. 4560) is amended— 

12 (1) in the heading, by striking ‘‘SUPPLIES’’ 

13 and inserting ‘‘MANAGEMENT’’; 

14 (2) in subsection (a)— 

15 (A) in the matter preceding paragraph (1), 

16 by striking ‘‘supplies’’ and inserting ‘‘manage17 ment’’; 

18 (B) in paragraph (1), by inserting ‘‘and 

19 water supply entities’’ after ‘‘owners’’; and 

20 (C) in paragraph (2)— 

21 (i) in subparagraph (A), by inserting 

22 ‘‘that choose not to participate or opt out 

23 of tributary enhancement projects pursu24 ant to this section’’ after ‘‘water right own25 ers’’; and 
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1 (ii) in subparagraph (B), by inserting 

2 ‘‘nonparticipating’’ before ‘‘tributary water 

3 users’’; 

4 (3) in subsection (b)— 

5 (A) in paragraph (1)— 

6 (i) by striking the paragraph designa7 tion and all that follows through ‘‘(but not 

8 limited to)—’’ and inserting the following: 

9 ‘‘(1) IN GENERAL.—The Secretary, following 

10 consultation with the State of Washington, tributary 

11 water right owners, and the Yakama Nation, and on 

12 agreement of appropriate water right owners, is au13 thorized to conduct studies to evaluate measures to 

14 further Yakima Project purposes on tributaries to 

15 the Yakima River. Enhancement programs that use 

16 measures authorized by this subsection may be in17 vestigated and implemented by the Secretary in trib18 utaries to the Yakima River, including Taneum 

19 Creek, other areas, or tributary basins that currently 

20 or could potentially be provided supplemental or 

21 transfer water by entities, such as the Kittitas Rec22 lamation District or the Yakima-Tieton Irrigation 

23 District, subject to the condition that activities may 

24 commence on completion of applicable and required 

25 feasibility studies, environmental reviews, and cost- 
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1 benefit analyses that include favorable recommenda2 tions for further project development, as appro3 priate. Measures to evaluate include—’’; 

4 (ii) by indenting subparagraphs (A) 

5 through (F) appropriately; 

6 (iii) in subparagraph (A), by inserting 

7 before the semicolon at the end the fol8 lowing: ‘‘, including irrigation efficiency 

9 improvements (in coordination with pro10 grams of the Department of Agriculture), 

11 consolidation of diversions or administra12 tion, and diversion scheduling or coordina13 tion’’; 

14 (iv) by redesignating subparagraphs 

15 (C) through (F) as subparagraphs (E) 

16 through (H), respectively; 

17 (v) by inserting after subparagraph 

18 (B) the following: 

19 ‘‘(C) improvements in irrigation system 

20 management or delivery facilities within the 

21 Yakima River basin when those improvements 

22 allow for increased irrigation system conveyance 

23 and corresponding reduction in diversion from 

24 tributaries or flow enhancements to tributaries 
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1 through direct flow supplementation or ground2 water recharge; 

3 ‘‘(D) improvements of irrigation system 

4 management or delivery facilities to reduce or 

5 eliminate excessively high flows caused by the 

6 use of natural streams for conveyance or irriga7 tion water or return water;’’; 

8 (vi) in subparagraph (E) (as redesig9 nated by clause (iv)), by striking ‘‘ground 

10 water’’ and inserting ‘‘groundwater re11 charge and’’; 

12 (vii) in subparagraph (G) (as redesig13 nated by clause (iv)), by inserting ‘‘or 

14 transfer’’ after ‘‘purchase’’; and 

15 (viii) in subparagraph (H) (as redesig16 nated by clause (iv)), by inserting ‘‘stream 

17 processes and’’ before ‘‘stream habitats’’; 

18 (B) in paragraph (2)— 

19 (i) in the matter preceding subpara20 graph (A), by striking ‘‘the Taneum Creek 

21 study’’ and inserting ‘‘studies under this 

22 subsection’’; 

23 (ii) in subparagraph (B)— 
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1 (I) by striking ‘‘and economic’’ 

2 and inserting ‘‘, infrastructure, eco3 nomic, and land use’’; and 

4 (II) by striking ‘‘and’’ at the end; 

5 (iii) in subparagraph (C), by striking 

6 the period at the end and inserting ‘‘; 

7 and’’; and 

8 (iv) by adding at the end the fol9 lowing: 

10 ‘‘(D) any related studies already underway 

11 or undertaken.’’; and 

12 (C) in paragraph (3), in the first sentence, 

13 by inserting ‘‘of each tributary or group of trib14 utaries’’ after ‘‘study’’; 

15 (4) in subsection (c)— 

16 (A) in the heading, by inserting ‘‘AND

17 NONSURFACE STORAGE’’ after ‘‘NONSTOR18 AGE’’; and 

19 (B) in the matter preceding paragraph (1), 

20 by inserting ‘‘and nonsurface storage’’ after 

21 ‘‘nonstorage’’; 

22 (5) by striking subsection (d); 

23 (6) by redesignating subsection (e) as sub24 section (d); and 
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1 (7) in paragraph (2) of subsection (d) (as so re2 designated)— 

3 (A) in the first sentence— 

4 (i) by inserting ‘‘and implementation’’ 

5 after ‘‘investigation’’; 

6 (ii) by striking ‘‘other’’ before ‘‘Yak7 ima River’’; and 

8 (iii) by inserting ‘‘and other water 

9 supply entities’’ after ‘‘owners’’; and 

10 (B) by striking the second sentence. 

11 (e) CHANDLER PUMPING PLANT AND POWERPLANT12 OPERATIONS AT PROSSER DIVERSION DAM.—Section 

13 1208(d) of Public Law 103–434 (108 Stat. 4562; 114 

14 Stat. 1425) is amended by inserting ‘‘negatively’’ before 

15 ‘‘affected’’. 

16 (f) INTERIM COMPREHENSIVE BASIN OPERATING

17 PLAN.—Section 1210(c) of Public Law 103–434 (108 

18 Stat. 4564) is amended by striking ‘‘$100,000’’ and in19 serting ‘‘$200,000’’. 

20 (g) ENVIRONMENTAL COMPLIANCE.—Section 1211 

21 of Public Law 103–434 (108 Stat. 4564) is amended by 

22 striking ‘‘$2,000,000’’ and inserting ‘‘$5,000,000’’. 
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1 SEC. 10325. AUTHORIZATION OF PHASE III OF YAKIMA 

2 RIVER BASIN WATER ENHANCEMENT 

3 PROJECT. 

4 Title XII of Public Law 103–434 (108 Stat. 4550) 

5 is amended by adding at the end the following: 

6 ‘‘SEC. 1213. AUTHORIZATION OF THE INTEGRATED PLAN AS 

7 PHASE III OF YAKIMA RIVER BASIN WATER 

8 ENHANCEMENT PROJECT. 

9 ‘‘(a) INTEGRATED PLAN.— 

10 ‘‘(1) IN GENERAL.—The Secretary shall imple11 ment the Integrated Plan as Phase III of the Yak12 ima River Basin Water Enhancement Project in ac13 cordance with this section and applicable laws. 

14 ‘‘(2) INITIAL DEVELOPMENT PHASE OF THE IN15 TEGRATED PLAN.— 

16 ‘‘(A) IN GENERAL.—The Secretary, in co17 ordination with the State of Washington and 

18 Yakama Nation and subject to feasibility stud19 ies, environmental reviews, and the availability 

20 of appropriations, shall implement an initial de21 velopment phase of the Integrated Plan, to— 

22 ‘‘(i) complete the planning, design, 

23 and construction or development of up24 stream and downstream fish passage facili25 ties, as previously authorized by the Hoo26 ver Power Plant Act of 1984 (43 U.S.C. 
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1 619 et seq.) at Cle Elum Reservoir and an2 other Yakima Project reservoir identified 

3 by the Secretary as consistent with the In4 tegrated Plan, subject to the condition 

5 that, if the Yakima Project reservoir iden6 tified by the Secretary contains a hydro7 power project licensed by the Federal En8 ergy Regulatory Commission, the Secretary 

9 shall cooperate with the Federal Energy 

10 Regulatory Commission in a timely manner 

11 to ensure that actions taken by the Sec12 retary are consistent with the applicable 

13 hydropower project license; 

14 ‘‘(ii) negotiate long-term agreements 

15 with participating proratable irrigation en16 tities in the Yakima Basin and, acting 

17 through the Bureau of Reclamation, co18 ordinate between Bureaus of the Depart19 ment of the Interior and with the heads of 

20 other Federal agencies to negotiate agree21 ments concerning leases, easements, and 

22 rights-of-way on Federal land, and other 

23 terms and conditions determined to be nec24 essary to allow for the non-Federal financ-
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1 ing, construction, operation, and mainte2 nance of— 

3 ‘‘(I) new facilities needed to ac4 cess and deliver inactive storage in 

5 Lake Kachess for the purpose of pro6 viding drought relief for irrigation 

7 (known as the ‘Kachess Drought Re8 lief Pumping Plant’); and 

9 ‘‘(II) a conveyance system to 

10 allow transfer of water between 

11 Keechelus Reservoir to Kachess Res12 ervoir for purposes of improving oper13 ational flexibility for the benefit of 

14 both fish and irrigation (known as the 

15 ‘K to K Pipeline’); 

16 ‘‘(iii) participate in, provide funding 

17 for, and accept non-Federal financing 

18 for— 

19 ‘‘(I) water conservation projects, 

20 not subject to the provisions of the 

21 Basin Conservation Program de22 scribed in section 1203, that are in23 tended to partially implement the In24 tegrated Plan by providing 85,000 

25 acre-feet of conserved water to im-
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1 prove tributary and mainstem stream 

2 flow; and 

3 ‘‘(II) aquifer storage and recov4 ery projects; 

5 ‘‘(iv) study, evaluate, and conduct fea6 sibility analyses and environmental reviews 

7 of fish passage, water supply (including 

8 groundwater and surface water storage), 

9 conservation, habitat restoration projects, 

10 and other alternatives identified as con11 sistent with the purposes of this Act, for 

12 the initial and future phases of the Inte13 grated Plan; 

14 ‘‘(v) coordinate with and assist the 

15 State of Washington in implementing a ro16 bust water market to enhance water man17 agement in the Yakima River basin, in18 cluding— 

19 ‘‘(I) assisting in identifying ways 

20 to encourage and increase the use of, 

21 and reduce the barriers to, water 

22 transfers, leasing, markets, and other 

23 voluntary transactions among public 

24 and private entities in the Yakima 

25 River basin; 
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1 ‘‘(II) providing technical assist2 ance, including scientific data and 

3 market information; and 

4 ‘‘(III) negotiating agreements 

5 that would facilitate voluntary water 

6 transfers between entities, including 

7 as appropriate, the use of federally 

8 managed infrastructure; and 

9 ‘‘(vi) enter into cooperative agree10 ments with, or, subject to a minimum non11 Federal cost-sharing requirement of 50 

12 percent, make grants to, the Yakama Na13 tion, the State of Washington, Yakima 

14 River basin irrigation districts, water dis15 tricts, conservation districts, other local 

16 governmental entities, nonprofit organiza17 tions, and land owners to carry out this 

18 title under such terms and conditions as 

19 the Secretary may require, including the 

20 following purposes: 

21 ‘‘(I) Land and water transfers, 

22 leases, and acquisitions from willing 

23 participants, so long as the acquiring 

24 entity shall hold title and be respon25 sible for any and all required oper-
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1 ations, maintenance, and management 

2 of that land and water. 

3 ‘‘(II) To combine or relocate di4 version points, remove fish barriers, 

5 or for other activities that increase 

6 flows or improve habitat in the Yak7 ima River and its tributaries in fur8 therance of this title. 

9 ‘‘(III) To implement, in partner10 ship with Federal and non-Federal en11 tities, projects to enhance the health 

12 and resilience of the watershed. 

13 ‘‘(B) COMMENCEMENT DATE.—The Sec14 retary shall commence implementation of the 

15 activities included under the initial development 

16 phase pursuant to this paragraph— 

17 ‘‘(i) on the date of enactment of this 

18 section; and 

19 ‘‘(ii) on completion of applicable feasi20 bility studies, environmental reviews, and 

21 cost-benefit analyses that include favorable 

22 recommendations for further project devel23 opment. 

24 ‘‘(3) INTERMEDIATE AND FINAL PHASES.— 
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1 ‘‘(A) IN GENERAL.—The Secretary, in co2 ordination with the State of Washington and in 

3 consultation with the Yakama Nation, shall de4 velop plans for intermediate and final develop5 ment phases of the Integrated Plan to achieve 

6 the purposes of this Act, including conducting 

7 applicable feasibility studies, environmental re8 views, and other relevant studies needed to de9 velop the plans. 

10 ‘‘(B) INTERMEDIATE PHASE.—The Sec11 retary shall develop an intermediate develop12 ment phase to implement the Integrated Plan 

13 that, subject to authorization and appropria14 tion, would commence not later than 10 years 

15 after the date of enactment of this section. 

16 ‘‘(C) FINAL PHASE.—The Secretary shall 

17 develop a final development phase to implement 

18 the Integrated Plan that, subject to authoriza19 tion and appropriation, would commence not 

20 later than 20 years after the date of enactment 

21 of this section. 

22 ‘‘(4) CONTINGENCIES.—The implementation by 

23 the Secretary of projects and activities identified for 

24 implementation under the Integrated Plan shall be— 
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1 ‘‘(A) subject to authorization and appro2 priation; 

3 ‘‘(B) contingent on the completion of appli4 cable feasibility studies, environmental reviews, 

5 and cost-benefit analyses that include favorable 

6 recommendations for further project develop7 ment; 

8 ‘‘(C) implemented on public review and a 

9 determination by the Secretary that design, 

10 construction, and operation of a proposed 

11 project or activity is in the best interest of the 

12 public; and 

13 ‘‘(D) in compliance with all applicable 

14 laws, including the National Environmental 

15 Policy Act of 1969 (42 U.S.C. 4321 et seq.) 

16 and the Endangered Species Act of 1973 (16 

17 U.S.C. 1531 et seq.). 

18 ‘‘(5) PROGRESS REPORT.— 

19 ‘‘(A) IN GENERAL.—Not later than 5 years 

20 after the date of enactment of this section, the 

21 Secretary, in conjunction with the State of 

22 Washington and in consultation with the 

23 Yakama Nation, shall submit to the Committee 

24 on Energy and Natural Resources of the Senate 

25 and the Committee on Natural Resources of the 
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1 House of Representatives a progress report on 

2 the development and implementation of the In3 tegrated Plan. 

4 ‘‘(B) REQUIREMENTS.—The progress re5 port under this paragraph shall— 

6 ‘‘(i) provide a review and reassess7 ment, if needed, of the objectives of the In8 tegrated Plan, as applied to all elements of 

9 the Integrated Plan; 

10 ‘‘(ii) assess, through performance 

11 metrics developed at the initiation of, and 

12 measured throughout the implementation 

13 of, the Integrated Plan, the degree to 

14 which the implementation of the initial de15 velopment phase addresses the objectives 

16 and all elements of the Integrated Plan; 

17 ‘‘(iii) identify the amount of Federal 

18 funding and non-Federal contributions re19 ceived and expended during the period cov20 ered by the report; 

21 ‘‘(iv) describe the pace of project de22 velopment during the period covered by the 

23 report; 

24 ‘‘(v) identify additional projects and 

25 activities proposed for inclusion in any fu-
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1 ture phase of the Integrated Plan to ad2 dress the objectives of the Integrated Plan, 

3 as applied to all elements of the Integrated 

4 Plan; and 

5 ‘‘(vi) for water supply projects— 

6 ‘‘(I) provide a preliminary discus7 sion of the means by which— 

8 ‘‘(aa) water and costs asso9 ciated with each recommended 

10 project would be allocated among 

11 authorized uses; and 

12 ‘‘(bb) those allocations 

13 would be consistent with the ob14 jectives of the Integrated Plan; 

15 and 

16 ‘‘(II) establish a plan for solic17 iting and formalizing subscriptions 

18 among individuals and entities for 

19 participation in any of the rec20 ommended water supply projects that 

21 will establish the terms for participa22 tion, including fiscal obligations asso23 ciated with subscription. 
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1 ‘‘(b) FINANCING, CONSTRUCTION, OPERATION, AND

2 MAINTENANCE OF KACHESS DROUGHT RELIEF PUMPING

3 PLANT AND K TO K PIPELINE.— 

4 ‘‘(1) AGREEMENTS.—Long-term agreements ne5 gotiated between the Secretary and participating 

6 proratable irrigation entities in the Yakima Basin 

7 for the non-Federal financing, construction, oper8 ation, and maintenance of the Drought Relief Pump9 ing Plant and K to K Pipeline shall include provi10 sions regarding— 

11 ‘‘(A) responsibilities of the participating 

12 proratable irrigation entities for the planning, 

13 design, and construction of infrastructure in 

14 consultation and coordination with the Sec15 retary; 

16 ‘‘(B) property titles and responsibilities of 

17 the participating proratable irrigation entities 

18 for the maintenance of and liability for all in19 frastructure constructed under this title; 

20 ‘‘(C) operation and integration of the 

21 projects by the Secretary in the operation of the 

22 Yakima Project; 

23 ‘‘(D) costs associated with the design, fi24 nancing, construction, operation, maintenance, 

25 and mitigation of projects, with the costs of 
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1 Federal oversight and review to be nonreim2 bursable to the participating proratable irriga3 tion entities and the Yakima Project; and 

4 ‘‘(E) responsibilities for the pumping and 

5 operational costs necessary to provide the total 

6 water supply available made inaccessible due to 

7 drought pumping during the preceding 1 or 

8 more calendar years, in the event that the 

9 Kachess Reservoir fails to refill as a result of 

10 pumping drought storage water during the pre11 ceding 1 or more calendar years, which shall re12 main the responsibility of the participating pro13 ratable irrigation entities. 

14 ‘‘(2) USE OF KACHESS RESERVOIR STORED

15 WATER.— 

16 ‘‘(A) IN GENERAL.—The additional stored 

17 water made available by the construction of fa18 cilities to access and deliver inactive storage in 

19 Kachess Reservoir under subsection 

20 (a)(2)(A)(ii)(I) shall— 

21 ‘‘(i) be considered to be Yakima 

22 Project water; 

23 ‘‘(ii) not be part of the total water 

24 supply available, as that term is defined in 

25 various court rulings; and 
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1 ‘‘(iii) be used exclusively by the Sec2 retary— 

3 ‘‘(I) to enhance the water supply 

4 in years when the total water supply 

5 available is not sufficient to provide 

6 70 percent of proratable entitlements 

7 in order to make that additional water 

8 available up to 70 percent of prorat9 able entitlements to the Kittitas Rec10 lamation District, the Roza Irrigation 

11 District, or other proratable irrigation 

12 entities participating in the construc13 tion, operation, and maintenance costs 

14 of the facilities under this title under 

15 such terms and conditions to which 

16 the districts may agree, subject to the 

17 conditions that— 

18 ‘‘(aa) the Bureau of Indian 

19 Affairs, the Wapato Irrigation 

20 Project, and the Yakama Nation, 

21 on an election to participate, may 

22 also obtain water from Kachess 

23 Reservoir inactive storage to en24 hance applicable existing irriga25 tion water supply in accordance 
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1 with such terms and conditions 

2 to which the Bureau of Indian 

3 Affairs and the Yakama Nation 

4 may agree; and 

5 ‘‘(bb) the additional supply 

6 made available under this clause 

7 shall be available to participating 

8 individuals and entities in pro9 portion to the proratable entitle10 ments of the participating indi11 viduals and entities, or in such 

12 other proportion as the partici13 pating entities may agree; and 

14 ‘‘(II) to facilitate reservoir oper15 ations in the reach of the Yakima 

16 River between Keechelus Dam and 

17 Easton Dam for the propagation of 

18 anadromous fish. 

19 ‘‘(B) EFFECT OF PARAGRAPH.—Nothing 

20 in this paragraph affects (as in existence on the 

21 date of enactment of this section) any contract, 

22 law (including regulations) relating to repay23 ment costs, water right, or Yakama Nation 

24 treaty right. 
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1 ‘‘(3) COMMENCEMENT.—The Secretary shall 

2 not commence entering into agreements pursuant to 

3 subsection (a)(2)(A)(ii) or subsection (b)(1) or im4 plementing any activities pursuant to the agree5 ments before the date on which— 

6 ‘‘(A) all applicable and required feasibility 

7 studies, environmental reviews, and cost-benefit 

8 analyses have been completed and include favor9 able recommendations for further project devel10 opment, including an analysis of— 

11 ‘‘(i) the impacts of the agreements 

12 and activities conducted pursuant to sub13 section (a)(2)(A)(ii) on adjacent commu14 nities, including potential fire hazards, 

15 water access for fire districts, community 

16 and homeowner wells, future water levels 

17 based on projected usage, recreational val18 ues, and property values; and 

19 ‘‘(ii) specific options and measures for 

20 mitigating the impacts, as appropriate; 

21 ‘‘(B) the Secretary has made the agree22 ments and any applicable project designs, oper23 ations plans, and other documents available for 

24 public review and comment in the Federal Reg25 ister for a period of not less than 60 days; and 
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1 ‘‘(C) the Secretary has made a determina2 tion, consistent with applicable law, that the 

3 agreements and activities to which the agree4 ments relate— 

5 ‘‘(i) are in the public interest; and 

6 ‘‘(ii) could be implemented without 

7 significant adverse impacts to the environ8 ment. 

9 ‘‘(4) ELECTRICAL POWER ASSOCIATED WITH

10 KACHESS DROUGHT RELIEF PUMPING PLANT.— 

11 ‘‘(A) IN GENERAL.—The Administrator of 

12 the Bonneville Power Administration, pursuant 

13 to the Pacific Northwest Electric Power Plan14 ning and Conservation Act (16 U.S.C. 839 et 

15 seq.), shall provide to the Secretary project 

16 power to operate the Kachess Pumping Plant 

17 constructed under this title if inactive storage 

18 in Kachess Reservoir is needed to provide 

19 drought relief for irrigation, subject to the re20 quirements of subparagraphs (B) and (C). 

21 ‘‘(B) DETERMINATION.—Power may be 

22 provided under subparagraph (A) only if— 

23 ‘‘(i) there is in effect a drought dec24 laration issued by the State of Washington; 
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1 ‘‘(ii) there are conditions that have led 

2 to 70 percent or less water delivery to pro3 ratable irrigation districts, as determined 

4 by the Secretary; and 

5 ‘‘(iii) the Secretary determines that it 

6 is appropriate to provide power under that 

7 subparagraph. 

8 ‘‘(C) PERIOD OF AVAILABILITY.—Power 

9 under subparagraph (A) shall be provided until 

10 the date on which the Secretary determines that 

11 power should no longer be provided under that 

12 subparagraph, but for not more than a 1-year 

13 period or the period during which the Secretary 

14 determines that drought mitigation measures 

15 are necessary in the Yakima River basin. 

16 ‘‘(D) RATE.—The Administrator of the 

17 Bonneville Power Administration shall provide 

18 power under subparagraph (A) at the then-ap19 plicable lowest Bonneville Power Administration 

20 rate for public body, cooperative, and Federal 

21 agency customers firm obligations, which as of 

22 the date of enactment of this section is the pri23 ority firm Tier 1 rate, and shall not include any 

24 irrigation discount. 
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1 ‘‘(E) LOCAL PROVIDER.—During any pe2 riod in which power is not being provided under 

3 subparagraph (A), the power needed to operate 

4 the Kachess Pumping Plant shall be obtained 

5 by the Secretary from a local provider. 

6 ‘‘(F) COSTS.—The cost of power for such 

7 pumping, station service power, and all costs of 

8 transmitting power from the Federal Columbia 

9 River Power System to the Yakima Enhance10 ment Project pumping facilities shall be borne 

11 by irrigation districts receiving the benefits of 

12 that water. 

13 ‘‘(G) DUTIES OF COMMISSIONER.—The 

14 Commissioner of Reclamation shall be respon15 sible for arranging transmission for deliveries of 

16 Federal power over the Bonneville system 

17 through applicable tariff and business practice 

18 processes of the Bonneville system and for ar19 ranging transmission for deliveries of power ob20 tained from a local provider. 

21 ‘‘(c) DESIGN AND USE OF GROUNDWATER RE22 CHARGE PROJECTS.— 

23 ‘‘(1) IN GENERAL.—Any water supply that re24 sults from an aquifer storage and recovery project 
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1 shall not be considered to be a part of the total 

2 water supply available if— 

3 ‘‘(A) the water for the aquifer storage and 

4 recovery project would not be available for use, 

5 but instead for the development of the project; 

6 ‘‘(B) the aquifer storage and recovery 

7 project will not otherwise impair any water sup8 ply available for any individual or entity entitled 

9 to use the total water supply available; and 

10 ‘‘(C) the development of the aquifer stor11 age and recovery project will not impair fish or 

12 other aquatic life in any localized stream reach. 

13 ‘‘(2) PROJECT TYPES.—The Secretary may pro14 vide technical assistance for, and participate in, any 

15 of the following 3 types of groundwater recharge 

16 projects (including the incorporation of groundwater 

17 recharge projects into Yakima Project operations, as 

18 appropriate): 

19 ‘‘(A) Aquifer recharge projects designed to 

20 redistribute Yakima Project water within a 

21 water year for the purposes of supplementing 

22 stream flow during the irrigation season, par23 ticularly during storage control, subject to the 

24 condition that if such a project is designed to 

25 supplement a mainstem reach, the water supply 
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1 that results from the project shall be credited to 

2 instream flow targets, in lieu of using the total 

3 water supply available to meet those targets. 

4 ‘‘(B) Aquifer storage and recovery projects 

5 that are designed, within a given water year or 

6 over multiple water years— 

7 ‘‘(i) to supplement or mitigate for mu8 nicipal uses; 

9 ‘‘(ii) to supplement municipal supply 

10 in a subsurface aquifer; or 

11 ‘‘(iii) to mitigate the effect of ground12 water use on instream flow or senior water 

13 rights. 

14 ‘‘(C) Aquifer storage and recovery projects 

15 designed to supplement existing irrigation water 

16 supply, or to store water in subsurface aquifers, 

17 for use by the Kittitas Reclamation District, 

18 the Roza Irrigation District, or any other pro19 ratable irrigation entity participating in the re20 payment of the construction, operation, and 

21 maintenance costs of the facilities under this 

22 section during years in which the total water 

23 supply available is insufficient to provide to 

24 those proratable irrigation entities all water to 
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1 which the entities are entitled, subject to the 

2 conditions that— 

3 ‘‘(i) the Bureau of Indian Affairs, the 

4 Wapato Irrigation Project, and the 

5 Yakama Nation, on an election to partici6 pate, may also obtain water from aquifer 

7 storage to enhance applicable existing irri8 gation water supply in accordance with 

9 such terms and conditions to which the 

10 Bureau of Indian Affairs and the Yakama 

11 Nation may agree; and 

12 ‘‘(ii) nothing in this subparagraph af13 fects (as in existence on the date of enact14 ment of this section) any contract, law (in15 cluding regulations) relating to repayment 

16 costs, water right, or Yakama Nation trea17 ty right. 

18 ‘‘(d) FEDERAL COST-SHARE.— 

19 ‘‘(1) IN GENERAL.—The Federal cost-share of a 

20 project carried out under this section shall be deter21 mined in accordance with the applicable laws (in22 cluding regulations) and policies of the Bureau of 

23 Reclamation. 

24 ‘‘(2) INITIAL PHASE.—The Federal cost-share 

25 for the initial development phase of the Integrated 
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1 Plan shall not exceed 50 percent of the total cost of 

2 the initial development phase. 

3 ‘‘(3) STATE AND OTHER CONTRIBUTIONS.—The 

4 Secretary may accept as part of the non-Federal 

5 cost-share of a project carried out under this section, 

6 and expend as if appropriated, any contribution (in7 cluding in-kind services) by the State of Washington 

8 or any other individual or entity that the Secretary 

9 determines will enhance the conduct and completion 

10 of the project. 

11 ‘‘(4) LIMITATION ON USE OF OTHER FEDERAL

12 FUNDS.—Except as otherwise provided in this title, 

13 other Federal funds may not be used to provide the 

14 non-Federal cost-share of a project carried out 

15 under this section. 

16 ‘‘(e) SAVINGS AND CONTINGENCIES.—Nothing in this 

17 section shall— 

18 ‘‘(1) be a new or supplemental benefit for pur19 poses of the Reclamation Reform Act of 1982 (43 

20 U.S.C. 390aa et seq.); 

21 ‘‘(2) affect any contract in existence on the date 

22 of enactment of the Yakima River Basin Water En23 hancement Project Phase III Act of 2016 that was 

24 executed pursuant to the reclamation laws; 
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1 ‘‘(3) affect any contract or agreement between 

2 the Bureau of Indian Affairs and the Bureau of 

3 Reclamation; 

4 ‘‘(4) affect, waive, abrogate, diminish, define, or 

5 interpret the treaty between the Yakama Nation and 

6 the United States; or 

7 ‘‘(5) constrain the continued authority of the 

8 Secretary to provide fish passage in the Yakima 

9 Basin in accordance with the Hoover Power Plant 

10 Act of 1984 (43 U.S.C. 619 et seq.). 

11 ‘‘SEC. 1214. OPERATIONAL CONTROL OF WATER SUPPLIES. 

12 ‘‘The Secretary shall retain authority and discretion 

13 over the management of project supplies to optimize oper14 ational use and flexibility to ensure compliance with all 

15 applicable Federal and State laws, treaty rights of the 

16 Yakama Nation, and legal obligations, including those 

17 contained in this Act. That authority and discretion in18 cludes the ability of the United States to store, deliver, 

19 conserve, and reuse water supplies deriving from projects 

20 authorized under this title.’’. 

21 Subpart B—Klamath Project Water and Power 

22 SEC. 10329. KLAMATH PROJECT. 

23 (a) ADDRESSING WATER MANAGEMENT AND POWER

24 COSTS FOR IRRIGATION.—The Klamath Basin Water 
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1 Supply Enhancement Act of 2000 (Public Law 106–498; 

2 114 Stat. 2221) is amended— 

3 (1) by redesignating sections 4 through 6 as 

4 sections 5 through 7, respectively; and 

5 (2) by inserting after section 3 the following: 

6 ‘‘SEC. 4. POWER AND WATER MANAGEMENT. 

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

8 ‘‘(1) COVERED POWER USE.—The term ‘covered 

9 power use’ means a use of power to develop or man10 age water for irrigation, wildlife purposes, or drain11 age on land that is— 

12 ‘‘(A) associated with the Klamath Project, 

13 including land within a unit of the National 

14 Wildlife Refuge System that receives water due 

15 to the operation of Klamath Project facilities; 

16 or 

17 ‘‘(B) irrigated by the class of users covered 

18 by the agreement dated April 30, 1956, be19 tween the California Oregon Power Company 

20 and Klamath Basin Water Users Protective As21 sociation and within the Off Project Area (as 

22 defined in the Upper Basin Comprehensive 

23 Agreement entered into on April 18, 2014), 

24 only if each applicable owner and holder of a 

25 possessory interest of the land is a party to that 
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1 agreement (or a successor agreement that the 

2 Secretary determines provides a comparable 

3 benefit to the United States). 

4 ‘‘(2) KLAMATH PROJECT.— 

5 ‘‘(A) IN GENERAL.—The term ‘Klamath 

6 Project’ means the Bureau of Reclamation 

7 project in the States of California and Oregon. 

8 ‘‘(B) INCLUSIONS.—The term ‘Klamath 

9 Project’ includes any dams, canals, and other 

10 works and interests for water diversion, storage, 

11 delivery, and drainage, flood control, and simi12 lar functions that are part of the project de13 scribed in subparagraph (A). 

14 ‘‘(3) POWER COST BENCHMARK.—The term 

15 ‘power cost benchmark’ means the average net deliv16 ered cost of power for irrigation and drainage at 

17 Reclamation projects in the area surrounding the 

18 Klamath Project that are similarly situated to the 

19 Klamath Project, including Reclamation projects 

20 that— 

21 ‘‘(A) are located in the Pacific Northwest; 

22 and 

23 ‘‘(B) receive project-use power. 

24 ‘‘(b) WATER, ENVIRONMENTAL, AND POWER ACTIVI25 TIES.— 
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1 ‘‘(1) IN GENERAL.—Pursuant to the reclama2 tion laws and subject to appropriations and required 

3 environmental reviews, the Secretary may carry out 

4 activities, including entering into an agreement or 

5 contract or otherwise making financial assistance 

6 available— 

7 ‘‘(A) to plan, implement, and administer 

8 programs to align water supplies and demand 

9 for irrigation water users associated with the 

10 Klamath Project, with a primary emphasis on 

11 programs developed or endorsed by local enti12 ties comprised of representatives of those water 

13 users; 

14 ‘‘(B) to plan and implement activities and 

15 projects that— 

16 ‘‘(i) avoid or mitigate environmental 

17 effects of irrigation activities; or 

18 ‘‘(ii) restore habitats in the Klamath 

19 Basin watershed, including restoring tribal 

20 fishery resources held in trust; and 

21 ‘‘(C) to limit the net delivered cost of 

22 power for covered power uses. 

23 ‘‘(2) EFFECT.—Nothing in subparagraph (A) 

24 or (B) of paragraph (1) authorizes the Secretary— 
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1 ‘‘(A) to develop or construct new facilities 

2 for the Klamath Project without appropriate 

3 approval from Congress under section 9 of the 

4 Reclamation Projects Act of 1939 (43 U.S.C. 

5 485h); or 

6 ‘‘(B) to carry out activities that have not 

7 otherwise been authorized. 

8 ‘‘(c) REDUCING POWER COSTS.— 

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

10 after the date of enactment of the Energy Policy 

11 Modernization Act of 2016, the Secretary, in con12 sultation with interested irrigation interests that are 

13 eligible for covered power use and representative or14 ganizations of those interests, shall submit to the 

15 Committee on Energy and Natural Resources of the 

16 Senate and the Committee on Natural Resources of 

17 the House of Representatives a report that— 

18 ‘‘(A) identifies the power cost benchmark; 

19 and 

20 ‘‘(B) recommends actions that, in the judg21 ment of the Secretary, are necessary and appro22 priate to ensure that the net delivered power 

23 cost for covered power use is equal to or less 

24 than the power cost benchmark, including a de25 scription of— 
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1 ‘‘(i) actions to immediately reduce 

2 power costs and to have the net delivered 

3 power cost for covered power use be equal 

4 to or less than the power cost benchmark 

5 in the near term, while longer-term actions 

6 are being implemented; 

7 ‘‘(ii) actions that prioritize water and 

8 power conservation and efficiency measures 

9 and, to the extent actions involving the de10 velopment or acquisition of power genera11 tion are included, renewable energy tech12 nologies (including hydropower); 

13 ‘‘(iii) the potential costs and timeline 

14 for the actions recommended under this 

15 subparagraph; 

16 ‘‘(iv) provisions for modifying the ac17 tions and timeline to adapt to new infor18 mation or circumstances; and 

19 ‘‘(v) a description of public input re20 garding the proposed actions, including 

21 input from water users that have covered 

22 power use and the degree to which those 

23 water users concur with the recommenda24 tions. 
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1 ‘‘(2) IMPLEMENTATION.—Not later than 180 

2 days after the date of submission of the report 

3 under paragraph (1), the Secretary shall implement 

4 those recommendations described in the report that 

5 the Secretary determines will ensure that the net de6 livered power cost for covered power use is equal to 

7 or less than the power cost benchmark, subject to 

8 availability of appropriations, on the fastest prac9 ticable timeline. 

10 ‘‘(3) ANNUAL REPORTS.—The Secretary shall 

11 submit to each Committee described in paragraph 

12 (1) annual reports describing progress achieved in 

13 meeting the requirements of this subsection. 

14 ‘‘(d) TREATMENT OF POWER PURCHASES.— 

15 ‘‘(1) IN GENERAL.—Any purchase of power by 

16 the Secretary under this section shall be considered 

17 to be an authorized sale for purposes of section 

18 5(b)(3) of the Pacific Northwest Electric Power 

19 Planning and Conservation Act (16 U.S.C. 

20 839c(b)(3)). 

21 ‘‘(2) EFFECT.—Nothing in this section author22 izes the Bonneville Power Administration to make a 

23 sale of power from the Federal Columbia River 

24 Power System at rates, terms, or conditions better 
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1 than those afforded preference customers of the 

2 Bonneville Power Administration. 

3 ‘‘(e) GOALS.—The goals of activities under sub4 sections (b) and (c) shall include, as applicable— 

5 ‘‘(1) the short-term and long-term reduction 

6 and resolution of conflicts relating to water in the 

7 Klamath Basin watershed; and 

8 ‘‘(2) compatibility and utility for protecting nat9 ural resources throughout the Klamath Basin water10 shed, including the protection, preservation, and res11 toration of Klamath River tribal fishery resources, 

12 particularly through collaboratively developed agree13 ments. 

14 ‘‘(f) PUMPING PLANT D.—The Secretary may enter 

15 into 1 or more agreements with the Tulelake Irrigation 

16 District to reimburse the Tulelake Irrigation District for 

17 not more than 69 percent of the cost incurred by the 

18 Tulelake Irrigation District for the operation and mainte19 nance of Pumping Plant D, on the condition that the cost 

20 benefits the United States.’’. 

21 (b) CONVEYANCE OF NON-PROJECT WATER; RE22 PLACEMENT OF C CANAL.— 

23 (1) DEFINITION OF KLAMATH PROJECT.—In 

24 this subsection: 
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1 (A) IN GENERAL.—The term ‘‘Klamath 

2 Project’’ means the Bureau of Reclamation 

3 project in the States of California and Oregon. 

4 (B) INCLUSIONS.—The term ‘‘Klamath 

5 Project’’ includes any dams, canals, and other 

6 works and interests for water diversion, storage, 

7 delivery, and drainage, flood control, and simi8 lar functions that are part of the project de9 scribed in subparagraph (A). 

10 (2) CONVEYANCE OF NON-PROJECT WATER.— 

11 (A) IN GENERAL.—An entity operating 

12 under a contract entered into with the United 

13 States for the operation and maintenance of 

14 Klamath Project works or facilities, and an en15 tity operating any work or facility not owned by 

16 the United States that receives Klamath Project 

17 water, may use any of the Klamath Project 

18 works or facilities to convey non-Klamath 

19 Project water for any authorized purpose of the 

20 Klamath Project, subject to subparagraphs (B) 

21 and (C). 

22 (B) PERMITS; MEASUREMENT.—An addi23 tion, conveyance, and use of water pursuant to 

24 subparagraph (A) shall be subject to the re25 quirements that— 
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1 (i) the applicable entity shall secure 

2 all permits required under State or local 

3 laws; and 

4 (ii) all water delivered into, or taken 

5 out of, a Klamath Project facility pursuant 

6 to that subparagraph shall be measured. 

7 (C) EFFECT.—A use of non-Klamath 

8 Project water under this paragraph shall not— 

9 (i) adversely affect the delivery of 

10 water to any water user or land served by 

11 the Klamath Project; or 

12 (ii) result in any additional cost to the 

13 United States. 

14 (3) REPLACEMENT OF C CANAL FLUME.—The 

15 replacement of the C Canal flume within the Klam16 ath Project shall be considered to be, and shall re17 ceive the treatment authorized for, emergency ex18 traordinary operation and maintenance work in ac19 cordance with Federal reclamation law (the Act of 

20 June 17, 1902 (32 Stat. 388, chapter 1093), and 

21 Acts supplemental to and amendatory of that Act 

22 (43 U.S.C. 371 et seq.)). 

23 (c) ADMINISTRATION.— 
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1 (1) COMPLIANCE.—In implementing this sec2 tion and the amendments made by this section, the 

3 Secretary of the Interior shall comply with— 

4 (A) the National Environmental Policy Act 

5 of 1969 (42 U.S.C. 4321 et seq.); 

6 (B) the Endangered Species Act of 1973 

7 (16 U.S.C. 1531 et seq.); and 

8 (C) all other applicable laws. 

9 (2) EFFECT.—Nothing in this section— 

10 (A) modifies the authorities or obligations 

11 of the United States with respect to the tribal 

12 trust and treaty obligations of the United 

13 States; or 

14 (B) creates or determines water rights or 

15 affects water rights or water right claims in ex16 istence on the date of enactment of this Act. 

17 PART IV—RESERVOIR OPERATION 

18 IMPROVEMENT 

19 SEC. 10331. RESERVOIR OPERATION IMPROVEMENT. 

20 (a) DEFINITIONS.—In this section: 

21 (1) RESERVED WORKS.—The term ‘‘reserved 

22 works’’ means any Bureau of Reclamation project 

23 facility at which the Secretary of the Interior carries 

24 out the operation and maintenance of the project fa25 cility. 
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1 (2) SECRETARY.—The term ‘‘Secretary’’ means 

2 the Secretary of the Army. 

3 (3) TRANSFERRED WORKS.—The term ‘‘trans4 ferred works’’ means a Bureau of Reclamation 

5 project facility, the operation and maintenance of 

6 which is carried out by a non-Federal entity, under 

7 the provisions of a formal operation and mainte8 nance transfer contract. 

9 (4) TRANSFERRED WORKS OPERATING ENTI10 TY.—The term ‘‘transferred works operating entity’’ 

11 means the organization that is contractually respon12 sible for operation and maintenance of transferred 

13 works. 

14 (b) REPORT.—Not later than 360 days after the date 

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

16 the Committees on Appropriations of the Senate and the 

17 House of Representatives, the Committee on Environment 

18 and Public Works of the Senate, and the Committee on 

19 Transportation and Infrastructure of the House of Rep20 resentatives a report including, for any State in which a 

21 county designated by the Secretary of Agriculture as a 

22 drought disaster area during water year 2015 is located, 

23 a list of projects, including Corps of Engineers projects, 

24 and those non-Federal projects and transferred works that 

25 are operated for flood control in accordance with rules pre-
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1 scribed by the Secretary pursuant to section 7 of the Act 

2 of December 22, 1944 (commonly known as the ‘‘Flood 

3 Control Act of 1944’’) (58 Stat. 890, chapter 665), includ4 ing, as applicable— 

5 (1) the year the original water control manual 

6 was approved; 

7 (2) the year for any subsequent revisions to the 

8 water control plan and manual of the project; 

9 (3) a list of projects for which— 

10 (A) operational deviations for drought con11 tingency have been requested; 

12 (B) the status of the request; and 

13 (C) a description of how water conserva14 tion and water quality improvements were ad15 dressed; and 

16 (4) a list of projects for which permanent or 

17 seasonal changes to storage allocations have been re18 quested, and the status of the request. 

19 (c) PROJECT IDENTIFICATION.—Not later than 60 

20 days after the date of completion of the report under sub21 section (b), the Secretary shall identify any projects de22 scribed in the report— 

23 (1) for which the modification of the water op24 erations manuals, including flood control rule curve, 

25 would be likely to enhance existing authorized 
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1 project purposes, including for water supply benefits 

2 and flood control operations; 

3 (2) for which the water control manual and 

4 hydrometeorological information establishing the 

5 flood control rule curves of the project have not been 

6 substantially revised during the 15-year period end7 ing on the date of review by the Secretary; and 

8 (3) for which the non-Federal sponsor or spon9 sors of a Corps of Engineers project, the owner of 

10 a non-Federal project, or the non-Federal trans11 ferred works operating entity, as applicable, has sub12 mitted to the Secretary a written request to revise 

13 water operations manuals, including flood control 

14 rule curves, based on the use of improved weather 

15 forecasting or run-off forecasting methods, new wa16 tershed data, changes to project operations, or struc17 tural improvements. 

18 (d) PILOT PROJECTS.— 

19 (1) IN GENERAL.—Not later than 1 year after 

20 the date of identification of projects under sub21 section (c), if any, the Secretary shall carry out not 

22 fewer than 15 pilot projects, which shall include not 

23 less than 6 non-Federal projects, to implement revi24 sions of water operations manuals, including flood 
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1 control rule curves, based on the best available 

2 science, which may include— 

3 (A) forecast-informed operations; 

4 (B) new watershed data; and 

5 (C) if applicable, in the case of non-Fed6 eral projects, structural improvements. 

7 (2) CONSULTATION.—In implementing a pilot 

8 project under this subsection, the Secretary shall 

9 consult with all affected interests, including— 

10 (A) non-Federal entities responsible for op11 erations and maintenance costs of a Federal fa12 cility; 

13 (B) individuals and entities with storage 

14 entitlements; and 

15 (C) local agencies with flood control re16 sponsibilities downstream of a facility. 

17 (e) COORDINATION WITH NON-FEDERAL PROJECT

18 ENTITIES.—If a project identified under subsection (c) 

19 is— 

20 (1) a non-Federal project, the Secretary, prior 

21 to carrying out an activity under this section, 

22 shall— 

23 (A) consult with the non-Federal project 

24 owner; and 
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1 (B) enter into a cooperative agreement, 

2 memorandum of understanding, or other agree3 ment with the non-Federal project owner de4 scribing the scope and goals of the activity and 

5 the coordination among the parties; and 

6 (2) a Federal project, the Secretary, prior to 

7 carrying out an activity under this section, shall— 

8 (A) consult with each Federal and non9 Federal entity (including a municipal water dis10 trict, irrigation district, joint powers authority, 

11 transferred works operating entity, or other 

12 local governmental entity) that currently— 

13 (i) manages (in whole or in part) a 

14 Federal dam or reservoir; or 

15 (ii) is responsible for operations and 

16 maintenance costs; and 

17 (B) enter into a cooperative agreement, 

18 memorandum of understanding, or other agree19 ment with each such entity describing the scope 

20 and goals of the activity and the coordination 

21 among the parties. 

22 (f) CONSIDERATION.—In designing and imple23 menting a forecast-informed reservoir operations plan 

24 under subsection (d) or (g), the Secretary may consult 

25 with the appropriate agencies within the Department of 
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1 the Interior and the Department of Commerce with exper2 tise in atmospheric, meteorological, and hydrologic science 

3 to consider— 

4 (1) the relationship between ocean and atmos5 pheric conditions, including— 

6 (A) the El Nin ̃o and La Nin ̃a cycles; and 

7 (B) the potential for above-normal, normal, 

8 and below-normal rainfall for the coming water 

9 year, including consideration of atmospheric 

10 river forecasts; 

11 (2) the precipitation and runoff index specific 

12 to the basin and watershed of the relevant dam or 

13 reservoir, including incorporating knowledge of 

14 hydrological and meteorological conditions that influ15 ence the timing and quantity of runoff; 

16 (3) improved hydrologic forecasting for precipi17 tation, snowpack, and soil moisture conditions; 

18 (4) an adjustment of operational flood control 

19 rule curves to optimize water supply storage and re20 liability, hydropower production, environmental bene21 fits for flows and temperature, and other authorized 

22 project benefits, without a reduction in flood safety; 

23 and 

24 (5) proactive management in response to 

25 changes in forecasts. 
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1 (g) FUNDING.—The Secretary may accept and ex2 pend amounts from non-Federal entities and other Fed3 eral agencies to fund all or a portion of the cost of car4 rying out a review or revision of operational documents, 

5 including water control plans, water control manuals, 

6 water control diagrams, release schedules, rule curves, 

7 operational agreements with non-Federal entities, and any 

8 associated environmental documentation for— 

9 (1) a Corps of Engineers project; 

10 (2) a non-Federal project regulated for flood 

11 control by the Secretary; or 

12 (3) a Bureau of Reclamation transferred works 

13 regulated for flood control by the Secretary. 

14 (h) EFFECT.— 

15 (1) MANUAL REVISIONS.—A revision of a man16 ual shall not interfere with the authorized purposes 

17 of a Federal project or the existing purposes of a 

18 non-Federal project regulated for flood control by 

19 the Secretary. 

20 (2) EFFECT OF SECTION.— 

21 (A) Nothing in this section authorizes the 

22 Secretary to carry out, at a Federal dam or res23 ervoir, any project or activity for a purpose not 

24 otherwise authorized as of the date of enact25 ment of this Act. 
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1 (B) Nothing in this section affects or 

2 modifies any obligation of the Secretary under 

3 State law. 

4 (C) Nothing in this section affects or modi5 fies any obligation to comply with any applica6 ble Federal law. 

7 (3) BUREAU OF RECLAMATION RESERVED

8 WORKS EXCLUDED.—This section— 

9 (A) shall not apply to any dam or reservoir 

10 operated by the Bureau of Reclamation as a re11 served work, unless all non-Federal project 

12 sponsors of a reserved work jointly provide to 

13 the Secretary a written request for application 

14 of this section to the project; and 

15 (B) shall apply only to Bureau of Reclama16 tion transferred works at the written request of 

17 the transferred works operating entity. 

18 (4) PRIOR STUDIES.—The Secretary shall— 

19 (A) to the maximum extent practicable, co20 ordinate the efforts of the Secretary in carrying 

21 out subsections (b), (c), and (d) with the efforts 

22 of the Secretary in completing— 

23 (i) the report required under section 

24 1046(a)(2)(A) of the Water Resources Re25 form and Development Act of 2014 (33 
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1 U.S.C. 2319 note; Public Law 113–121); 

2 and 

3 (ii) the updated report required under 

4 subsection (a)(2)(B) of that section; and 

5 (B) if the reports are available before the 

6 date on which the Secretary carries out the ac7 tions described in subsections (b), (c), and (d), 

8 consider the findings of the reports described in 

9 clauses (i) and (ii) of subparagraph (A). 

10 (i) MODIFICATIONS TO MANUALS AND CURVES.—Not 

11 later than 180 days after the date of completion of a modi12 fication to an operations manual or flood control rule 

13 curve, the Secretary shall submit to the Committee on En14 vironment and Public Works of the Senate and the Com15 mittee on Transportation and Infrastructure of the House 

16 of Representatives a report regarding the components of 

17 the forecast-based reservoir operations plan incorporated 

18 into the change. 

19 PART V—HYDROELECTRIC PROJECTS 

20 SEC. 10341. TERROR LAKE HYDROELECTRIC PROJECT 

21 UPPER HIDDEN BASIN DIVERSION AUTHOR22 IZATION. 

23 (a) DEFINITIONS.—In this section: 

24 (1) TERROR LAKE HYDROELECTRIC

25 PROJECT.—The term ‘‘Terror Lake Hydroelectric 
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1 Project’’ means the project identified in section 1325 

2 of the Alaska National Interest Lands Conservation 

3 Act (16 U.S.C. 3212), and which is Federal Energy 

4 Regulatory Commission project number 2743. 

5 (2) UPPER HIDDEN BASIN DIVERSION EXPAN6 SION.—The term ‘‘Upper Hidden Basin Diversion 

7 Expansion’’ means the expansion of the Terror Lake 

8 Hydroelectric Project as generally described in Ex9 hibit E to the Upper Hidden Basin Grant Applica10 tion dated July 2, 2014 and submitted to the Alaska 

11 Energy Authority Renewable Energy Fund Round 

12 VIII by Kodiak Electric Association, Inc. 

13 (b) AUTHORIZATION.—The licensee for the Terror 

14 Lake Hydroelectric Project may occupy not more than 20 

15 acres of Federal land to construct, operate, and maintain 

16 the Upper Hidden Basin Diversion Expansion without fur17 ther authorization of the Secretary of the Interior or 

18 under the Alaska National Interest Lands Conservation 

19 Act (16 U.S.C. 3101 et seq.). 

20 (c) SAVINGS CLAUSE.—The Upper Hidden Basin Di21 version Expansion shall be subject to appropriate terms 

22 and conditions included in an amendment to a license 

23 issued by the Federal Energy Regulatory Commission pur24 suant to the Federal Power Act (16 U.S.C. 791a et seq.), 

25 including section 4(e) of that Act (16 U.S.C. 797(e)), fol-
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1 lowing an environmental review by the Commission under 

2 the National Environmental Policy Act of 1969 (42 U.S.C. 

3 4321 et seq.). 

4 SEC. 10342. STAY AND REINSTATEMENT OF FERC LICENSE 

5 NO. 11393 FOR THE MAHONEY LAKE HYDRO6 ELECTRIC PROJECT. 

7 (a) DEFINITIONS.—In this section: 

8 (1) COMMISSION.—The term ‘‘Commission’’ 

9 means the Federal Energy Regulatory Commission. 

10 (2) LICENSE.—The term ‘‘license’’ means the 

11 license for Commission project number 11393. 

12 (3) LICENSEE.—The term ‘‘licensee’’ means the 

13 holder of the license. 

14 (b) STAY OF LICENSE.—On the request of the li15 censee, the Commission shall issue an order continuing the 

16 stay of the license. 

17 (c) LIFTING OF STAY.—On the request of the li18 censee, but not later than 10 years after the date of enact19 ment of this Act, the Commission shall— 

20 (1) issue an order lifting the stay of the license 

21 under subsection (b); and 

22 (2) make the effective date of the license the 

23 date on which the stay is lifted under paragraph (1). 

24 (d) EXTENSION OF LICENSE.—On the request of the 

25 licensee and notwithstanding the time period specified in 
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1 section 13 of the Federal Power Act (16 U.S.C. 806) for 

2 commencement of construction of the project subject to 

3 the license, the Commission shall, after reasonable notice 

4 and in accordance with the good faith, due diligence, and 

5 public interest requirements of that section, extend the 

6 time period during which the licensee is required to com7 mence the construction of the project for not more than 

8 3 consecutive 2-year periods, notwithstanding any other 

9 provision of law. 

10 (e) EFFECT.—Nothing in this section prioritizes, or 

11 creates any advantage or disadvantage to, Commission 

12 project number 11393 under Federal law, including the 

13 Federal Power Act (16 U.S.C. 791a et seq.) or the Public 

14 Utility Regulatory Policies Act of 1978 (16 U.S.C. 2601 

15 et seq.), as compared to— 

16 (1) any electric generating facility in existence 

17 on the date of enactment of this Act; or 

18 (2) any electric generating facility that may be 

19 examined, proposed, or developed during the period 

20 of any stay or extension of the license under this 

21 section. 

22 SEC. 10343. EXTENSION OF DEADLINE FOR HYDRO23 ELECTRIC PROJECT. 

24 (a) IN GENERAL.—Notwithstanding the time period 

25 specified in section 13 of the Federal Power Act (16 
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1 U.S.C. 806) that would otherwise apply to the Federal En2 ergy Regulatory Commission (referred to in this section 

3 as the ‘‘Commission’’) project numbered 12642, the Com4 mission may, at the request of the licensee for the project, 

5 and after reasonable notice, in accordance with the good 

6 faith, due diligence, and public interest requirements of 

7 that section and the procedures of the Commission under 

8 that section, extend the time period during which the li9 censee is required to commence the construction of the 

10 project for up to 3 consecutive 2-year periods from the 

11 date of the expiration of the extension originally issued 

12 by the Commission. 

13 (b) REINSTATEMENT OF EXPIRED LICENSE.—If the 

14 period required for commencement of construction of the 

15 project described in subsection (a) has expired prior to the 

16 date of enactment of this Act— 

17 (1) the Commission shall reinstate the license 

18 effective as of the date of the expiration of the li19 cense; and 

20 (2) the first extension authorized under sub21 section (a) shall take effect on that expiration date. 

22 SEC. 10344. EXTENSION OF DEADLINE FOR CERTAIN OTHER 

23 HYDROELECTRIC PROJECTS. 

24 (a) IN GENERAL.—Notwithstanding the time period 

25 specified in section 13 of the Federal Power Act (16 
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1 U.S.C. 806) that would otherwise apply to the Federal En2 ergy Regulatory Commission (referred to in this section 

3 as the ‘‘Commission’’) projects numbered 12737 and 

4 12740, the Commission may, at the request of the licensee 

5 for the applicable project, and after reasonable notice, in 

6 accordance with the good faith, due diligence, and public 

7 interest requirements of that section and the procedures 

8 of the Commission under that section, extend the time pe9 riod during which the licensee is required to commence 

10 the construction of the applicable project for up to 3 con11 secutive 2-year periods from the date of the expiration of 

12 the extension originally issued by the Commission. 

13 (b) REINSTATEMENT OF EXPIRED LICENSE.—If the 

14 period required for commencement of construction of a 

15 project described in subsection (a) has expired prior to the 

16 date of enactment of this Act— 

17 (1) the Commission may reinstate the license 

18 for the applicable project effective as of the date of 

19 the expiration of the license; and 

20 (2) the first extension authorized under sub21 section (a) shall take effect on that expiration. 

22 SEC. 10345. EQUUS BEDS DIVISION EXTENSION. 

23 Section 10(h) of Public Law 86–787 (74 Stat. 1026; 

24 120 Stat. 1474) is amended by striking ‘‘10 years’’ and 

25 inserting ‘‘20 years’’. 
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1 SEC. 10346. EXTENSION OF TIME FOR A FEDERAL ENERGY 

2 REGULATORY COMMISSION PROJECT IN3 VOLVING CANNONSVILLE DAM. 

4 (a) IN GENERAL.—Notwithstanding the time period 

5 specified in section 13 of the Federal Power Act (16 

6 U.S.C. 806) that would otherwise apply to the Federal En7 ergy Regulatory Commission project numbered 13287, the 

8 Federal Energy Regulatory Commission (referred to in 

9 this section as the ‘‘Commission’’) may, at the request of 

10 the licensee for the project, and after reasonable notice, 

11 in accordance with the good faith, due diligence, and pub12 lic interest requirements of that section and the proce13 dures of the Commission under that section, extend the 

14 time period during which the licensee is required to com15 mence construction of the project for up to 4 consecutive 

16 2-year periods after the required date of the commence17 ment of construction described in Article 301 of the li18 cense. 

19 (b) REINSTATEMENT OF EXPIRED LICENSE.— 

20 (1) IN GENERAL.—If the required date of the 

21 commencement of construction described in sub22 section (a) has expired prior to the date of enact23 ment of this Act, the Commission may reinstate the 

24 license effective as of that date of expiration. 

25 (2) EXTENSION.—If the Commission reinstates 

26 the license under paragraph (1), the first extension 
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1 authorized under subsection (a) shall take effect on 

2 the date of that expiration. 

3 PART VI—PUMPED STORAGE HYDROPOWER 

4 COMPENSATION 

5 SEC. 10351. PUMPED STORAGE HYDROPOWER COMPENSA6 TION. 

7 Not later than 180 days after the date of enactment 

8 of this Act, the Federal Energy Regulatory Commission 

9 shall initiate a proceeding to identify and determine the 

10 market, procurement, and cost recovery mechanisms that 

11 would— 

12 (1) encourage development of pumped storage 

13 hydropower assets; and 

14 (2) properly compensate those assets for the 

15 full range of services provided to the power grid, in16 cluding— 

17 (A) balancing electricity supply and de18 mand; 

19 (B) ensuring grid reliability; and 
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1 (C) cost-effectively integrating intermittent 

2 power sources into the grid. 

Passed the Senate April 20, 2016. 

Attest: 

Secretary. 

114TH CONGRESS 

2D SESSION S. 2012 

AN ACT 

To provide for the modernization of the energy 

policy of the United States, and for other purposes.