In the House of Representatives, U. S., 

May 25, 2016. 

Resolved, That the bill from the Senate (S. 2012) entitled ‘‘An Act to provide for the modernization of the energy 

policy of the United States, and for other purposes.’’, do pass 

with the following 

AMENDMENT: 

Strike out all after the enacting clause and insert: 

1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

3 ‘‘North American Energy Security and Infrastructure Act 

4 of 2016’’. 

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

6 this Act is as follows: 

Sec. 1. Short title; table of contents. 

DIVISION A—NORTH AMERICAN ENERGY SECURITY AND 

INFRASTRUCTURE 

Sec. 1. Short title. 

TITLE I—MODERNIZING AND PROTECTING INFRASTRUCTURE 

Subtitle A—Energy Delivery, Reliability, and Security 

Sec. 1101. FERC process coordination. 

Sec. 1102. Resolving environmental and grid reliability conflicts. 

Sec. 1103. Emergency preparedness for energy supply disruptions. 

Sec. 1104. Critical electric infrastructure security. 

Sec. 1105. Strategic Transformer Reserve. 

Sec. 1106. Cyber Sense. 

Sec. 1107. State coverage and consideration of PURPA standards for electric utilities. 

Sec. 1108. Reliability analysis for certain rules that affect electric generating facilities. 
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Sec. 1109. Increased accountability with respect to carbon capture, utilization, 

and sequestration projects. 

Sec. 1110. Reliability and performance assurance in Regional Transmission Organizations. 

Sec. 1111. Ethane storage study. 

Sec. 1112. Statement of policy on grid modernization. 

Sec. 1113. Grid resilience report. 

Sec. 1114. GAO report on improving National Response Center. 

Sec. 1115. Designation of National Energy Security Corridors on Federal lands. 

Sec. 1116. Vegetation management, facility inspection, and operation and maintenance on Federal lands containing electric transmission and 

distribution facilities. 

Subtitle B—Hydropower Regulatory Modernization 

Sec. 1201. Protection of private property rights in hydropower licensing. 

Sec. 1202. Extension of time for FERC project involving W. Kerr Scott Dam. 

Sec. 1203. Hydropower licensing and process improvements. 

Sec. 1204. Judicial review of delayed Federal authorizations. 

Sec. 1205. Licensing study improvements. 

Sec. 1206. Closed-loop pumped storage projects. 

Sec. 1207. License amendment improvements. 

Sec. 1208. Promoting hydropower development at existing nonpowered dams. 

TITLE II—ENERGY SECURITY AND DIPLOMACY 

Sec. 2001. Sense of Congress. 

Sec. 2002. Energy security valuation. 

Sec. 2003. North American energy security plan. 

Sec. 2004. Collective energy security. 

Sec. 2005. Authorization to export natural gas. 

Sec. 2006. Environmental review for energy export facilities. 

Sec. 2007. Authorization of cross-border infrastructure projects. 

Sec. 2008. Report on smart meter security concerns. 

TITLE III—ENERGY EFFICIENCY AND ACCOUNTABILITY 

Subtitle A—Energy Efficiency 

CHAPTER 1—FEDERAL AGENCY ENERGY EFFICIENCY

Sec. 3111. Energy-efficient and energy-saving information technologies. 

Sec. 3112. Energy efficient data centers. 

Sec. 3113. Report on energy and water savings potential from thermal insulation. 

Sec. 3114. Battery storage report. 

Sec. 3115. Federal purchase requirement. 

Sec. 3116. Energy performance requirement for Federal buildings. 

Sec. 3117. Federal building energy efficiency performance standards; certification 

system and level for Federal buildings. 

Sec. 3118. Operation of battery recharging stations in parking areas used by Federal employees. 

Sec. 3119. Report on energy savings and greenhouse gas emissions reduction from 

conversion of captured methane to energy. 

CHAPTER 2—ENERGY EFFICIENT TECHNOLOGY AND MANUFACTURING

Sec. 3121. Inclusion of Smart Grid capability on Energy Guide labels. 
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Sec. 3122. Voluntary verification programs for air conditioning, furnace, boiler, 

heat pump, and water heater products. 

Sec. 3123. Facilitating consensus furnace standards. 

Sec. 3124. No warranty for certain certified Energy Star products. 

Sec. 3125. Clarification to effective date for regional standards. 

Sec. 3126. Internet of Things report. 

Sec. 3127. Energy savings from lubricating oil. 

Sec. 3128. Definition of external power supply. 

Sec. 3129. Standards for power supply circuits connected to LEDs or OLEDs. 

CHAPTER 3—SCHOOL BUILDINGS

Sec. 3131. Coordination of energy retrofitting assistance for schools. 

CHAPTER 4—BUILDING ENERGY CODES

Sec. 3141. Greater energy efficiency in building codes. 

Sec. 3142. Voluntary nature of building asset rating program. 

CHAPTER 5—EPCA TECHNICAL CORRECTIONS AND CLARIFICATIONS

Sec. 3151. Modifying product definitions. 

Sec. 3152. Clarifying rulemaking procedures. 

CHAPTER 6—ENERGY AND WATER EFFICIENCY

Sec. 3161. Smart energy and water efficiency pilot program. 

Sec. 3162. WaterSense. 

Subtitle B—Accountability 

CHAPTER 1—MARKET MANIPULATION, ENFORCEMENT, AND COMPLIANCE

Sec. 3211. FERC Office of Compliance Assistance and Public Participation. 

CHAPTER 2—MARKET REFORMS

Sec. 3221. GAO study on wholesale electricity markets. 

Sec. 3222. Clarification of facility merger authorization. 

CHAPTER 3—CODE MAINTENANCE

Sec. 3231. Repeal of off-highway motor vehicles study. 

Sec. 3232. Repeal of methanol study. 

Sec. 3233. Repeal of residential energy efficiency standards study. 

Sec. 3234. Repeal of weatherization study. 

Sec. 3235. Repeal of report to Congress. 

Sec. 3236. Repeal of report by General Services Administration. 

Sec. 3237. Repeal of intergovernmental energy management planning and coordination workshops. 

Sec. 3238. Repeal of Inspector General audit survey and President’s Council on 

Integrity and Efficiency report to Congress. 

Sec. 3239. Repeal of procurement and identification of energy efficient products 

program. 

Sec. 3240. Repeal of national action plan for demand response. 

Sec. 3241. Repeal of national coal policy study. 

Sec. 3242. Repeal of study on compliance problem of small electric utility systems. 
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Sec. 3243. Repeal of study of socioeconomic impacts of increased coal production 

and other energy development. 

Sec. 3244. Repeal of study of the use of petroleum and natural gas in combustors. 

Sec. 3245. Repeal of submission of reports. 

Sec. 3246. Repeal of electric utility conservation plan. 

Sec. 3247. Technical amendment to Powerplant and Industrial Fuel Use Act of 

1978. 

Sec. 3248. Emergency energy conservation repeals. 

Sec. 3249. Repeal of State utility regulatory assistance. 

Sec. 3250. Repeal of survey of energy saving potential. 

Sec. 3251. Repeal of photovoltaic energy program. 

Sec. 3252. Repeal of energy auditor training and certification. 

CHAPTER 4—AUTHORIZATION

Sec. 3261 Authorization. 

TITLE IV—CHANGING CRUDE OIL MARKET CONDITIONS 

Sec. 4001. Findings. 

Sec. 4002. Repeal. 

Sec. 4003. National policy on oil export restrictions. 

Sec. 4004. Studies. 

Sec. 4005. Savings clause. 

Sec. 4006. Partnerships with minority serving institutions. 

Sec. 4007. Report. 

Sec. 4008. Report to Congress. 

Sec. 4009. Prohibition on exports of crude oil, refined petroleum products, and 

petrochemical products to the Islamic Republic of Iran. 

TITLE V—OTHER MATTERS 

Sec. 5001. Assessment of regulatory requirements. 

Sec. 5002. Definitions. 

Sec. 5003. Exclusive venue for certain civil actions relating to covered energy 

projects. 

Sec. 5004. Timely filing. 

Sec. 5005. Expedition in hearing and determining the action. 

Sec. 5006. Limitation on injunction and prospective relief. 

Sec. 5007. Legal standing. 

Sec. 5008. Study to identify legal and regulatory barriers that delay, prohibit, or 

impede the export of natural energy resources. 

Sec. 5009. Study of volatility of crude oil. 

Sec. 5010. Smart meter privacy rights. 

Sec. 5011. Youth energy enterprise competition. 

Sec. 5012. Modernization of terms relating to minorities. 

Sec. 5013. Voluntary vegetation management outside rights-of-way. 

Sec. 5014. Repeal of rule for new residential wood heaters. 

TITLE VI—PROMOTING RENEWABLE ENERGY WITH SHARED SOLAR 

Sec. 6001. Short title. 

Sec. 6002. Provision of interconnection service and net billing service for community solar facilities. 
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TITLE VII—MARINE HYDROKINETIC 

Sec. 7001. Definition of marine and hydrokinetic renewable energy. 

Sec. 7002. Marine and hydrokinetic renewable energy research and development. 

Sec. 7003. National Marine Renewable Energy Research, Development, and Demonstration Centers. 

Sec. 7004. Authorization of appropriations. 

TITLE VIII—EXTENSIONS OF TIME FOR VARIOUS FEDERAL ENERGY 

REGULATORY COMMISSION PROJECTS 

Sec. 8001. Extension of time for Federal Energy Regulatory Commission project 

involving Clark Canyon Dam. 

Sec. 8002. Extension of time for Federal Energy Regulatory Commission project 

involving Gibson Dam. 

Sec. 8003. Extension of time for Federal Energy Regulatory Commission project 

involving Jennings Randolph Dam. 

Sec. 8004. Extension of time for Federal Energy Regulatory Commission project 

involving Cannonsville Dam. 

Sec. 8005. Extension of time for Federal Energy Regulatory Commission project 

involving Gathright Dam. 

Sec. 8006. Extension of time for Federal Energy Regulatory Commission project 

involving Flannagan Dam. 

TITLE IX—ENERGY AND MANUFACTURING WORKFORCE 

DEVELOPMENT 

Sec. 9001. Energy and manufacturing workforce development. 

Sec. 9002. Report. 

Sec. 9003. Use of existing funds. 

DIVISION B—RESILIENT FEDERAL FORESTS 

Sec. 1. Short title. 

Sec. 2. Definitions. 

TITLE I—EXPEDITED ENVIRONMENTAL ANALYSIS AND AVAILABILITY OF CATEGORICAL EXCLUSIONS TO EXPEDITE FOREST 

MANAGEMENT ACTIVITIES 

Sec. 101. Analysis of only two alternatives (action versus no action) in proposed 

collaborative forest management activities. 

Sec. 102. Categorical exclusion to expedite certain critical response actions. 

Sec. 103. Categorical exclusion to expedite salvage operations in response to catastrophic events. 

Sec. 104. Categorical exclusion to meet forest plan goals for early successional forests. 

Sec. 105. Clarification of existing categorical exclusion authority related to insect 

and disease infestation. 

Sec. 106. Categorical exclusion to improve, restore, and reduce the risk of wildfire. 

Sec. 107. Compliance with forest plan. 

TITLE II—SALVAGE AND REFORESTATION IN RESPONSE TO 

CATASTROPHIC EVENTS 

Sec. 201. Expedited salvage operations and reforestation activities following 

large-scale catastrophic events. 

Sec. 202. Compliance with forest plan. 
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Sec. 203. Prohibition on restraining orders, preliminary injunctions, and injunctions pending appeal. 

Sec. 204. Exclusion of certain lands. 

TITLE III—COLLABORATIVE PROJECT LITIGATION REQUIREMENT 

Sec. 301. Definitions. 

Sec. 302. Bond requirement as part of legal challenge of certain forest management activities. 

TITLE IV—SECURE RURAL SCHOOLS AND COMMUNITY SELFDETERMINATION ACT AMENDMENTS 

Sec. 401. Use of reserved funds for title II projects on Federal land and certain 

non-Federal land. 

Sec. 402. Resource advisory committees. 

Sec. 403. Program for title II self-sustaining resource advisory committee 

projects. 

Sec. 404. Additional authorized use of reserved funds for title III county projects. 

Sec. 405. Treatment as supplemental funding. 

TITLE V—STEWARDSHIP END RESULT CONTRACTING 

Sec. 501. Cancellation ceilings for stewardship end result contracting projects. 

Sec. 502. Excess offset value. 

Sec. 503. Payment of portion of stewardship project revenues to county in which 

stewardship project occurs. 

Sec. 504. Submission of existing annual report. 

Sec. 505. Fire liability provision. 

TITLE VI—ADDITIONAL FUNDING SOURCES FOR FOREST 

MANAGEMENT ACTIVITIES 

Sec. 601. Definitions. 

Sec. 602. Availability of stewardship project revenues and Collaborative Forest 

Landscape Restoration Fund to cover forest management activity planning costs. 

Sec. 603. State-supported planning of forest management activities. 

TITLE VII—TRIBAL FORESTRY PARTICIPATION AND PROTECTION 

Sec. 701. Protection of tribal forest assets through use of stewardship end result 

contracting and other authorities. 

Sec. 702. Management of Indian forest land authorized to include related National Forest System lands and public lands. 

Sec. 703. Tribal forest management demonstration project. 

TITLE VIII—MISCELLANEOUS FOREST MANAGEMENT PROVISIONS 

Sec. 801. Balancing short- and long-term effects of forest management activities 

in considering injunctive relief. 

Sec. 802. Conditions on Forest Service road decommissioning. 

Sec. 803. Prohibition on application of Eastside Screens requirements on National Forest System lands. 

Sec. 804. Use of site-specific forest plan amendments for certain projects and activities. 

Sec. 805. Knutson-Vandenberg Act modifications. 

Sec. 806. Exclusion of certain National Forest System lands and public lands. 
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Sec. 807. Application of Northwest Forest Plan Survey and Manage Mitigation 

Measure Standard and Guidelines. 

Sec. 808. Management of Bureau of Land Management lands in western Oregon. 

Sec. 809. Bureau of Land Management resource management plans. 

Sec. 810. Landscape-scale forest restoration project. 

TITLE IX—MAJOR DISASTER FOR WILDFIRE ON FEDERAL LAND 

Sec. 901. Wildfire on Federal lands. 

Sec. 902. Declaration of a major disaster for wildfire on Federal lands. 

Sec. 903. Prohibition on transfers. 

DIVISION C—NATURAL RESOURCES 

TITLE I—WESTERN WATER AND AMERICAN FOOD SECURITY ACT 

Sec. 1001. Short title. 

Sec. 1002. Findings. 

Sec. 1003. Definitions. 

Subtitle A—ADJUSTING DELTA SMELT MANAGEMENT BASED ON 

INCREASED REAL-TIME MONITORING AND UPDATED SCIENCE 

Sec. 1011. Definitions. 

Sec. 1012. Revise incidental take level calculation for delta smelt to reflect new 

science. 

Sec. 1013. Factoring increased real-time monitoring and updated science into 

Delta smelt management. 

Subtitle B—ENSURING SALMONID MANAGEMENT IS RESPONSIVE TO 

NEW SCIENCE 

Sec. 1021. Definitions. 

Sec. 1022. Process for ensuring salmonid management is responsive to new 

science. 

Sec. 1023. Non-Federal program to protect native anadromous fish in the 

Stanislaus River. 

Sec. 1024. Pilot projects to implement CALFED invasive species program. 

Subtitle C—OPERATIONAL FLEXIBILITY AND DROUGHT RELIEF 

Sec. 1031. Definitions. 

Sec. 1032. Operational flexibility in times of drought. 

Sec. 1033. Operation of cross-channel gates. 

Sec. 1034. Flexibility for export/inflow ratio. 

Sec. 1035. Emergency environmental reviews. 

Sec. 1036. Increased flexibility for regular project operations. 

Sec. 1037. Temporary operational flexibility for first few storms of the water 

year. 

Sec. 1038. Expediting water transfers. 

Sec. 1039. Additional emergency consultation. 

Sec. 1040. Additional storage at New Melones. 

Sec. 1041. Regarding the operation of Folsom Reservoir. 

Sec. 1042. Applicants. 

Sec. 1043. San Joaquin River settlement. 

Sec. 1044. Program for water rescheduling. 
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Subtitle D—CALFED STORAGE FEASIBILITY STUDIES 

Sec. 1051. Studies. 

Sec. 1052. Temperance Flat. 

Sec. 1053. CALFED storage accountability. 

Sec. 1054. Water storage project construction. 

Subtitle E—WATER RIGHTS PROTECTIONS 

Sec. 1061. Offset for State Water Project. 

Sec. 1062. Area of origin protections. 

Sec. 1063. No redirected adverse impacts. 

Sec. 1064. Allocations for Sacramento Valley contractors. 

Sec. 1065. Effect on existing obligations. 

Subtitle F—MISCELLANEOUS 

Sec. 1071. Authorized service area. 

Sec. 1072. Oversight board for Restoration Fund. 

Sec. 1073. Water supply accounting. 

Sec. 1074. Implementation of water replacement plan. 

Sec. 1075. Natural and artificially spawned species. 

Sec. 1076. Transfer the New Melones Unit, Central Valley Project to interested 

providers. 

Sec. 1077. Basin studies. 

Sec. 1078. Operations of the Trinity River Division. 

Sec. 1079. Amendment to purposes. 

Sec. 1080. Amendment to definition. 

Sec. 1081. Report on results of water usage. 

Sec. 1082. Klamath project consultation applicants. 

Subtitle G—Water Supply Permitting Act 

Sec. 1091. Short title. 

Sec. 1092. Definitions. 

Sec. 1093. Establishment of lead agency and cooperating agencies. 

Sec. 1094. Bureau responsibilities. 

Sec. 1095. Cooperating agency responsibilities. 

Sec. 1096. Funding to process permits. 

Subtitle H—Bureau of Reclamation Project Streamlining 

Sec. 1101. Short title. 

Sec. 1102. Definitions. 

Sec. 1103. Acceleration of studies. 

Sec. 1104. Expedited completion of reports. 

Sec. 1105. Project acceleration. 

Sec. 1106. Annual report to Congress. 

Subtitle I—Accelerated Revenue, Repayment, and Surface Water Storage 

Enhancement 

Sec. 1111. Short title. 

Sec. 1112. Prepayment of certain repayment contracts between the United States 

and contractors of federally developed water supplies. 
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Subtitle J—Safety of Dams 

Sec. 1121. Authorization of additional project benefits. 

Subtitle K—Water Rights Protection 

Sec. 1131. Short title. 

Sec. 1132. Definition of water right. 

Sec. 1133. Treatment of water rights. 

Sec. 1134. Recognition of State authority. 

Sec. 1135. Effect of title. 

TITLE II—SPORTSMEN’S HERITAGE AND RECREATIONAL 

ENHANCEMENT ACT 

Sec. 2001. Short title. 

Sec. 2002. Report on economic impact. 

Subtitle A—Hunting, Fishing and Recreational Shooting Protection Act 

Sec. 2011. Short title. 

Sec. 2012. Modification of definition. 

Sec. 2013. Limitation on authority to regulate ammunition and fishing tackle. 

Subtitle B—Target Practice and Marksmanship Training Support Act 

Sec. 2021. Short title. 

Sec. 2022. Findings; purpose. 

Sec. 2023. Definition of public target range. 

Sec. 2024. Amendments to Pittman-Robertson Wildlife Restoration Act. 

Sec. 2025. Limits on liability. 

Sec. 2026. Sense of Congress regarding cooperation. 

Subtitle C—Polar Bear Conservation and Fairness Act 

Sec. 2031. Short title. 

Sec. 2032. Permits for importation of polar bear trophies taken in sport hunts 

in Canada. 

Subtitle D—Recreational Lands Self-Defense Act 

Sec. 2041. Short title. 

Sec. 2042. Protecting Americans from violent crime. 

Subtitle E—Wildlife and Hunting Heritage Conservation Council Advisory 

Committee 

Sec. 2051. Wildlife and Hunting Heritage Conservation Council Advisory Committee. 

Subtitle F—Recreational Fishing and Hunting Heritage Opportunities Act 

Sec. 2061. Short title. 

Sec. 2062. Findings. 

Sec. 2063. Fishing, hunting, and recreational shooting. 

Sec. 2064. Volunteer Hunters; Reports; Closures and Restrictions. 

Subtitle G—Farmer and Hunter Protection Act 

Sec. 2071. Short title. 
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Sec. 2072. Baiting of migratory game birds. 

Subtitle H—Transporting Bows Across National Park Service Lands 

Sec. 2081. Short title. 

Sec. 2082. Bowhunting opportunity and wildlife stewardship. 

Subtitle I—Federal Land Transaction Facilitation Act Reauthorization 

(FLTFA) 

Sec. 2091. Short title. 

Sec. 2092. Federal Land Transaction Facilitation Act. 

Subtitle J—African Elephant Conservation and Legal Ivory Possession Act 

Sec. 2101. Short title. 

Sec. 2102. References. 

Sec. 2103. Placement of United States Fish and Wildlife Service law enforcement 

officers in each African elephant range country. 

Sec. 2104. Treatment of elephant ivory. 

Sec. 2105. African Elephant Conservation Act financial assistance priority and 

reauthorization. 

Sec. 2106. Government Accountability Office study. 

Subtitle K—Respect for Treaties and Rights 

Sec. 2111. Respect for Treaties and Rights. 

Subtitle L—State Approval of Fishing Restriction 

Sec. 2131. State or Territorial Approval of Restriction of Recreational or Commercial Fishing Access to Certain State or Territorial Waters. 

Subtitle M—Hunting and Recreational Fishing Within Certain National 

Forests 

Sec. 2141. Definitions. 

Sec. 2142. Hunting and recreational fishing within the national forest system. 

Sec. 2143. Publication of Closure of Roads in Forests. 

Subtitle N—Grand Canyon Bison Management Act 

Sec. 2151. Short title. 

Sec. 2152. Definitions. 

Sec. 2153. Bison management plan for Grand Canyon National Park. 

Subtitle O—Open Book on Equal Access to Justice 

Sec. 2161. Short title. 

Sec. 2162. Modification of equal access to justice provisions. 

Subtitle P—Utility Terrain Vehicles 

Sec. 2171. Utility terrain vehicles in Kisatchie National Forest. 

Subtitle Q—Good Samaritan Search and Recovery 

Sec. 2181. Short title. 

Sec. 2182. Expedited access to certain Federal land. 
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Subtitle R—Interstate Transportation of Firearms or Ammunition 

Sec. 2191. Interstate transportation of firearms or ammunition. 

Subtitle S—Gray Wolves 

Sec. 2201. Reissuance of final rule regarding gray wolves in the Western Great 

Lakes. 

Sec. 2202. Reissuance of final rule regarding gray wolves in Wyoming. 

Subtitle T—Miscellaneous Provisions 

Sec. 2211. Prohibition on issuance of final rule. 

Sec. 2212. Withdrawal of existing rule regarding hunting and trapping in Alaska. 

TITLE III—NATIONAL STRATEGIC AND CRITICAL MINERALS 

PRODUCTION ACT 

Sec. 3001. Short title. 

Sec. 3002. Findings. 

Sec. 3003. Definitions. 

Subtitle A—Development of Domestic Sources of Strategic and Critical 

Minerals 

Sec. 3011. Improving development of strategic and critical minerals. 

Sec. 3012. Responsibilities of the lead agency. 

Sec. 3013. Conservation of the resource. 

Sec. 3014. Federal register process for mineral exploration and mining projects. 

Subtitle B—Judicial Review of Agency Actions Relating to Exploration and 

Mine Permits 

Sec. 3021. Definitions for title. 

Sec. 3022. Timely filings. 

Sec. 3023. Right to intervene. 

Sec. 3024. Expedition in hearing and determining the action. 

Sec. 3025. Limitation on prospective relief. 

Sec. 3026. Limitation on attorneys’ fees. 

Subtitle C—Miscellaneous Provisions 

Sec. 3031. Secretarial order not affected. 

TITLE IV—NATIVE AMERICAN ENERGY ACT 

Sec. 4001. Short title. 

Sec. 4002. Appraisals. 

Sec. 4003. Standardization. 

Sec. 4004. Environmental reviews of major Federal actions on Indian lands. 

Sec. 4005. Judicial review. 

Sec. 4006. Tribal biomass demonstration project. 

Sec. 4007. Tribal resource management plans. 

Sec. 4008. Leases of restricted lands for the Navajo Nation. 

Sec. 4009. Nonapplicability of certain rules. 
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TITLE V—NORTHPORT IRRIGATION EARLY REPAYMENT 

Sec. 5001. Early repayment of construction costs. 

TITLE VI—OCMULGEE MOUNDS NATIONAL HISTORICAL PARK 

BOUNDARY REVISION ACT 

Sec. 6001. Short title. 

Sec. 6002. Definitions. 

Sec. 6003. Ocmulgee Mounds National Historical Park. 

Sec. 6004. Boundary adjustment. 

Sec. 6005. Land acquisition; no buffer zones. 

Sec. 6006. Administration. 

Sec. 6007. Ocmulgee River corridor special resource study. 

TITLE VII—MEDGAR EVERS HOUSE STUDY ACT 

Sec. 7001. Short title. 

Sec. 7002. Special resource study. 

TITLE VIII—SKY POINT MOUNTAIN DESIGNATION 

Sec. 8001. Findings. 

Sec. 8002. Sky Point. 

TITLE IX—CHIEF STANDING BEAR TRAIL STUDY 

Sec. 9001. Chief Standing Bear national historic trail feasibility study. 

TITLE X—JOHN MUIR NATIONAL HISTORIC SITE EXPANSION ACT 

Sec. 10001. Short title. 

Sec. 10002. John Muir National Historic Site land acquisition. 

TITLE XI—ARAPAHO NATIONAL FOREST BOUNDARY ADJUSTMENT 

ACT 

Sec. 11001. Short title. 

Sec. 11002. Arapaho National Forest boundary adjustment. 

TITLE XII—PRESERVATION RESEARCH AT INSTITUTIONS SERVING 

MINORITIES ACT 

Sec. 12001. Short title. 

Sec. 12002. Eligibility of Hispanic-serving institutions and Asian American and 

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

TITLE XIII—ELKHORN RANCH AND WHITE RIVER NATIONAL 

FOREST CONVEYANCE ACT 

Sec. 13001. Short title. 

Sec. 13002. Land conveyance, Elkhorn Ranch and White River National Forest, 

Colorado. 

TITLE XIV—NATIONAL LIBERTY MEMORIAL CLARIFICATION ACT 

Sec. 14001. Short title. 

Sec. 14002. Compliance with certain standards for commemorative works in establishment of National Liberty Memorial. 
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TITLE XV—CRAGS, COLORADO LAND EXCHANGE ACT 

Sec. 15001. Short title. 

Sec. 15002. Purposes. 

Sec. 15003. Definitions. 

Sec. 15004. Land exchange. 

Sec. 15005. Equal value exchange and appraisals. 

Sec. 15006. Miscellaneous provisions. 

TITLE XVI—REMOVE REVERSIONARY INTEREST IN ROCKINGHAM 

COUNTY LAND 

Sec. 16001. Removal of use restriction. 

TITLE XVII—COLTSVILLE NATIONAL HISTORICAL PARK 

Sec. 17001. Amendment to Coltsville National Historical Park donation site. 

TITLE XVIII—MARTIN LUTHER KING, JR. NATIONAL HISTORICAL 

PARK ACT 

Sec. 18001. Short title. 

Sec. 18002. Martin Luther King, Jr. National Historical Park. 

Sec. 18003. References. 

TITLE XIX—EXTENSION OF THE AUTHORIZATION FOR THE 

GULLAH/GEECHEE CULTURAL HERITAGE CORRIDOR COMMISSION 

Sec. 19001. Extension of the authorization for the Gullah/Geechee Cultural Heritage Corridor Commission. 

TITLE XX—9/11 MEMORIAL ACT 

Sec. 20001. Short title. 

Sec. 20002. Definitions. 

Sec. 20003. Designation of memorial. 

Sec. 20004. Competitive grants for certain memorials. 

TITLE XXI—KENNESAW MOUNTAIN NATIONAL BATTLEFIELD PARK 

BOUNDARY ADJUSTMENT ACT 

Sec. 21001. Short title. 

Sec. 21002. Findings. 

Sec. 21003. Boundary adjustment; land acquisition; administration. 

TITLE XXII—VEHICLE ACCESS AT DELAWARE WATER GAP 

NATIONAL RECREATION AREA 

Sec. 22001. Vehicular access and fees. 

Sec. 22002. Definitions. 

Sec. 22003. Conforming amendment. 

TITLE XXIII—GULF ISLANDS NATIONAL SEASHORE LAND 

EXCHANGE ACT 

Sec. 23001. Short title. 

Sec. 23002. Land exchange, Gulf Islands National Seashore, Jackson County, 

Mississippi. 
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TITLE XXIV—KOREAN WAR VETERANS MEMORIAL WALL OF 

REMEMBRANCE ACT 

Sec. 24001. Short title. 

Sec. 24002. Wall of Remembrance. 

TITLE XXV—NATIONAL FOREST SMALL TRACTS ACT AMENDMENTS 

ACT 

Sec. 25001. Short title. 

Sec. 25002. Additional authority for sale or exchange of small parcels of National 

Forest System land. 

TITLE XXVI—WESTERN OREGON TRIBAL FAIRNESS ACT 

Sec. 26001. Short title. 

Subtitle A—Cow Creek Umpqua Land Conveyance 

Sec. 26011. Short title. 

Sec. 26012. Definitions. 

Sec. 26013. Conveyance. 

Sec. 26014. Map and legal description. 

Sec. 26015. Administration. 

Sec. 26016. Land reclassification. 

Subtitle B—Coquille Forest Fairness 

Sec. 26021. Short title. 

Sec. 26022. Amendments to Coquille Restoration Act. 

Subtitle C—Oregon Coastal Lands 

Sec. 26031. Short title. 

Sec. 26032. Definitions. 

Sec. 26033. Conveyance. 

Sec. 26034. Map and legal description. 

Sec. 26035. Administration. 

Sec. 26036. Land reclassification. 

DIVISION D—SCIENCE 

TITLE V—DEPARTMENT OF ENERGY SCIENCE 

Sec. 501. Mission. 

Sec. 502. Basic energy sciences. 

Sec. 503. Advanced scientific computing research. 

Sec. 504. High energy physics. 

Sec. 505. Biological and environmental research. 

Sec. 506. Fusion energy. 

Sec. 507. Nuclear physics. 

Sec. 508. Science laboratories infrastructure program. 

Sec. 509. Domestic manufacturing. 

Sec. 510. Authorization of appropriations. 

Sec. 511. Definitions. 
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TITLE VI—DEPARTMENT OF ENERGY APPLIED RESEARCH AND 

DEVELOPMENT 

Subtitle A—Crosscutting Research and Development 

Sec. 601. Crosscutting research and development. 

Sec. 602. Strategic research portfolio analysis and coordination plan. 

Sec. 603. Strategy for facilities and infrastructure. 

Sec. 604. Energy Innovation Hubs. 

Subtitle B—Electricity Delivery and Energy Reliability Research and 

Development 

Sec. 611. Distributed energy and electric energy systems. 

Sec. 612. Electric transmission and distribution research and development. 

Subtitle C—Nuclear Energy Research and Development 

Sec. 621. Objectives. 

Sec. 622. Program objectives study. 

Sec. 623. Nuclear energy research and development programs. 

Sec. 624. Small modular reactor program. 

Sec. 625. Fuel cycle research and development. 

Sec. 626. Nuclear energy enabling technologies program. 

Sec. 627. Technical standards collaboration. 

Sec. 628. Available facilities database. 

Subtitle D—Energy Efficiency and Renewable Energy Research and 

Development 

Sec. 641. Energy efficiency. 

Sec. 642. Next Generation Lighting Initiative. 

Sec. 643. Building standards. 

Sec. 644. Secondary electric vehicle battery use program. 

Sec. 645. Network for Manufacturing Innovation Program. 

Sec. 646. Advanced Energy Technology Transfer Centers. 

Sec. 647. Renewable energy. 

Sec. 648. Bioenergy program. 

Sec. 649. Concentrating solar power research program. 

Sec. 650. Renewable energy in public buildings. 

Subtitle E—Fossil Energy Research and Development 

Sec. 661. Fossil energy. 

Sec. 662. Coal research, development, demonstration, and commercial application 

programs. 

Sec. 663. High efficiency gas turbines research and development. 

Subtitle F—Advanced Research Projects Agency–Energy 

Sec. 671. ARPA–E amendments. 

Subtitle G—Authorization of Appropriations 

Sec. 681. Authorization of appropriations. 

Subtitle H—Definitions 

Sec. 691. Definitions. 
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TITLE VII—DEPARTMENT OF ENERGY TECHNOLOGY TRANSFER 

Subtitle A—In General 

Sec. 701. Definitions. 

Sec. 702. Savings clause. 

Subtitle B—Innovation Management at Department of Energy 

Sec. 712. Technology transfer and transitions assessment. 

Sec. 713. Sense of Congress. 

Sec. 714. Nuclear energy innovation. 

Subtitle C—Cross-Sector Partnerships and Grant Competitiveness 

Sec. 721. Agreements for Commercializing Technology pilot program. 

Sec. 722. Public-private partnerships for commercialization. 

Sec. 723. Inclusion of early-stage technology demonstration in authorized technology transfer activities. 

Sec. 724. Funding competitiveness for institutions of higher education and other 

nonprofit institutions. 

Sec. 725. Participation in the Innovation Corps program. 

Subtitle D—Assessment of Impact 

Sec. 731. Report by Government Accountability Office. 

TITLE XXXIII—NUCLEAR ENERGY INNOVATION CAPABILITIES 

Sec. 3301. Short title. 

Sec. 3302. Nuclear energy. 

Sec. 3303. Nuclear energy research programs. 

Sec. 3304. Advanced fuel cycle initiative. 

Sec. 3305. University nuclear science and engineering support. 

Sec. 3306. Department of Energy civilian nuclear infrastructure and facilities. 

Sec. 3307. Security of nuclear facilities. 

Sec. 3308. High-performance computation and supportive research. 

Sec. 3309. Enabling nuclear energy innovation. 

Sec. 3310. Budget plan. 

Sec. 3311. Conforming amendments. 

1 DIVISION A—NORTH AMERICAN 

2 ENERGY SECURITY AND IN3 FRASTRUCTURE 

4 SEC. 1. SHORT TITLE. 

5 This division may be cited as the ‘‘North American 

6 Energy Security and Infrastructure Act of 2016’’. 
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1 TITLE I—MODERNIZING AND 

2 PROTECTING INFRASTRUCTURE 

3 Subtitle A—Energy Delivery, 

4 Reliability, and Security 

5 SEC. 1101. FERC PROCESS COORDINATION. 

6 Section 15 of the Natural Gas Act (15 U.S.C. 717n) 

7 is amended— 

8 (1) by amending subsection (b)(2) to read as fol9 lows: 

10 ‘‘(2) OTHER AGENCIES.— 

11 ‘‘(A) IN GENERAL.—Each Federal and State 

12 agency considering an aspect of an application 

13 for Federal authorization shall cooperate with 

14 the Commission and comply with the deadlines 

15 established by the Commission. 

16 ‘‘(B) IDENTIFICATION.—The Commission 

17 shall identify, as early as practicable after it is 

18 notified by a prospective applicant of a potential 

19 project requiring Commission authorization, any 

20 Federal or State agency, local government, or In21 dian tribe that may consider an aspect of an ap22 plication for that Federal authorization. 

23 ‘‘(C) NOTIFICATION.— 

24 ‘‘(i) IN GENERAL.—The Commission 

25 shall notify any agency identified under 
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1 subparagraph (B) of the opportunity to co2 operate or participate in the review process. 

3 ‘‘(ii) DEADLINE.—A notification issued 

4 under clause (i) shall establish a deadline 

5 by which a response to the notification shall 

6 be submitted, which may be extended by the 

7 Commission for good cause.’’; 

8 (2) in subsection (c)— 

9 (A) in paragraph (1)— 

10 (i) by striking ‘‘and’’ at the end of sub11 paragraph (A); 

12 (ii) by redesignating subparagraph (B) 

13 as subparagraph (C); and 

14 (iii) by inserting after subparagraph 

15 (A) the following new subparagraph: 

16 ‘‘(B) set deadlines for all such Federal au17 thorizations; and’’; 

18 (B) by striking paragraph (2); and 

19 (C) by adding at the end the following new 

20 paragraphs: 

21 ‘‘(2) DEADLINE FOR FEDERAL AUTHORIZA22 TIONS.—A final decision on a Federal authorization 

23 is due no later than 90 days after the Commission 

24 issues its final environmental document, unless a 

25 schedule is otherwise established by Federal law. 
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1 ‘‘(3) CONCURRENT REVIEWS.—Each Federal and 

2 State agency considering an aspect of an application 

3 for a Federal authorization shall— 

4 ‘‘(A) carry out the obligations of that agen5 cy under applicable law concurrently, and in 

6 conjunction, with the review required by the Na7 tional Environmental Policy Act of 1969 (42 

8 U.S.C. 4321 et seq.), unless doing so would im9 pair the ability of the agency to conduct needed 

10 analysis or otherwise carry out those obligations; 

11 ‘‘(B) formulate and implement administra12 tive, policy, and procedural mechanisms to en13 able the agency to ensure completion of required 

14 Federal authorizations no later than 90 days 

15 after the Commission issues its final environ16 mental document; and 

17 ‘‘(C) transmit to the Commission a state18 ment— 

19 ‘‘(i) acknowledging receipt of the sched20 ule established under paragraph (1); and 

21 ‘‘(ii) setting forth the plan formulated 

22 under subparagraph (B) of this paragraph. 

23 ‘‘(4) ISSUE IDENTIFICATION AND RESOLUTION.— 

24 ‘‘(A) IDENTIFICATION.—Federal and State 

25 agencies that may consider an aspect of an ap-
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1 plication for Federal authorization shall iden2 tify, as early as possible, any issues of concern 

3 that may delay or prevent an agency from work4 ing with the Commission to resolve such issues 

5 and granting such authorization. 

6 ‘‘(B) ISSUE RESOLUTION.—The Commission 

7 may forward any issue of concern identified 

8 under subparagraph (A) to the heads of the rel9 evant agencies (including, in the case of a failure 

10 by the State agency, the Federal agency over11 seeing the delegated authority) for resolution. 

12 ‘‘(5) FAILURE TO MEET SCHEDULE.—If a Fed13 eral or State agency does not complete a proceeding 

14 for an approval that is required for a Federal author15 ization in accordance with the schedule established by 

16 the Commission under paragraph (1)— 

17 ‘‘(A) the applicant may pursue remedies 

18 under section 19(d); and 

19 ‘‘(B) the head of the relevant Federal agency 

20 (including, in the case of a failure by a State 

21 agency, the Federal agency overseeing the dele22 gated authority) shall notify Congress and the 

23 Commission of such failure and set forth a rec24 ommended implementation plan to ensure com25 pletion of the proceeding for an approval.’’; 
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1 (3) by redesignating subsections (d) through (f) 

2 as subsections (g) through (i), respectively; and 

3 (4) by inserting after subsection (c) the following 

4 new subsections: 

5 ‘‘(d) REMOTE SURVEYS.—If a Federal or State agency 

6 considering an aspect of an application for Federal author7 ization requires the applicant to submit environmental 

8 data, the agency shall consider any such data gathered by 

9 aerial or other remote means that the applicant submits. 

10 The agency may grant a conditional approval for Federal 

11 authorization, conditioned on the verification of such data 

12 by subsequent onsite inspection. 

13 ‘‘(e) APPLICATION PROCESSING.—The Commission, 

14 and Federal and State agencies, may allow an applicant 

15 seeking Federal authorization to fund a third-party con16 tractor to assist in reviewing the application. 

17 ‘‘(f) ACCOUNTABILITY, TRANSPARENCY, EFFICIENCY.— 

18 For applications requiring multiple Federal authorizations, 

19 the Commission, with input from any Federal or State 

20 agency considering an aspect of an application, shall track 

21 and make available to the public on the Commission’s 

22 website information related to the actions required to com23 plete permitting, reviews, and other actions required. Such 

24 information shall include the following: 
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1 ‘‘(1) The schedule established by the Commission 

2 under subsection (c)(1). 

3 ‘‘(2) A list of all the actions required by each ap4 plicable agency to complete permitting, reviews, and 

5 other actions necessary to obtain a final decision on 

6 the Federal authorization. 

7 ‘‘(3) The expected completion date for each such 

8 action. 

9 ‘‘(4) A point of contact at the agency accountable 

10 for each such action. 

11 ‘‘(5) In the event that an action is still pending 

12 as of the expected date of completion, a brief expla13 nation of the reasons for the delay.’’. 

14 SEC. 1102. RESOLVING ENVIRONMENTAL AND GRID RELI15 ABILITY CONFLICTS. 

16 (a) COMPLIANCE WITH OR VIOLATION OF ENVIRON17 MENTAL LAWS WHILE UNDER EMERGENCY ORDER.—Sec18 tion 202(c) of the Federal Power Act (16 U.S.C. 824a(c)) 

19 is amended— 

20 (1) by inserting ‘‘(1)’’ after ‘‘(c)’’; and 

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

22 ‘‘(2) With respect to an order issued under this sub23 section that may result in a conflict with a requirement 

24 of any Federal, State, or local environmental law or regula25 tion, the Commission shall ensure that such order requires 
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1 generation, delivery, interchange, or transmission of electric 

2 energy only during hours necessary to meet the emergency 

3 and serve the public interest, and, to the maximum extent 

4 practicable, is consistent with any applicable Federal, 

5 State, or local environmental law or regulation and mini6 mizes any adverse environmental impacts. 

7 ‘‘(3) To the extent any omission or action taken by 

8 a party, that is necessary to comply with an order issued 

9 under this subsection, including any omission or action 

10 taken to voluntarily comply with such order, results in non11 compliance with, or causes such party to not comply with, 

12 any Federal, State, or local environmental law or regula13 tion, such omission or action shall not be considered a viola14 tion of such environmental law or regulation, or subject 

15 such party to any requirement, civil or criminal liability, 

16 or a citizen suit under such environmental law or regula17 tion. 

18 ‘‘(4)(A) An order issued under this subsection that 

19 may result in a conflict with a requirement of any Federal, 

20 State, or local environmental law or regulation shall expire 

21 not later than 90 days after it is issued. The Commission 

22 may renew or reissue such order pursuant to paragraphs 

23 (1) and (2) for subsequent periods, not to exceed 90 days 

24 for each period, as the Commission determines necessary to 

25 meet the emergency and serve the public interest. 
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1 ‘‘(B) In renewing or reissuing an order under sub2 paragraph (A), the Commission shall consult with the pri3 mary Federal agency with expertise in the environmental 

4 interest protected by such law or regulation, and shall in5 clude in any such renewed or reissued order such conditions 

6 as such Federal agency determines necessary to minimize 

7 any adverse environmental impacts to the extent prac8 ticable. The conditions, if any, submitted by such Federal 

9 agency shall be made available to the public. The Commis10 sion may exclude such a condition from the renewed or re11 issued order if it determines that such condition would pre12 vent the order from adequately addressing the emergency 

13 necessitating such order and provides in the order, or other14 wise makes publicly available, an explanation of such deter15 mination. 

16 ‘‘(5) If an order issued under this subsection is subse17 quently stayed, modified, or set aside by a court pursuant 

18 to section 313 or any other provision of law, any omission 

19 or action previously taken by a party that was necessary 

20 to comply with the order while the order was in effect, in21 cluding any omission or action taken to voluntarily comply 

22 with the order, shall remain subject to paragraph (3).’’. 

23 (b) TEMPORARY CONNECTION OR CONSTRUCTION BY

24 MUNICIPALITIES.—Section 202(d) of the Federal Power Act 

25 (16 U.S.C. 824a(d)) is amended by inserting ‘‘or munici-
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1 pality’’ before ‘‘engaged in the transmission or sale of elec2 tric energy’’. 

3 SEC. 1103. EMERGENCY PREPAREDNESS FOR ENERGY SUP4 PLY DISRUPTIONS. 

5 (a) FINDING.—Congress finds that recent natural dis6 asters have underscored the importance of having resilient 

7 oil and natural gas infrastructure and energy storage and 

8 effective ways for industry and government to communicate 

9 to address energy supply disruptions. 

10 (b) AUTHORIZATION FOR ACTIVITIES TO ENHANCE

11 EMERGENCY PREPAREDNESS FOR NATURAL DISASTERS.— 

12 The Secretary of Energy shall develop and adopt procedures 

13 to— 

14 (1) improve communication and coordination 

15 between the Department of Energy’s energy response 

16 team, Federal partners, and industry; 

17 (2) leverage the Energy Information Administra18 tion’s subject matter expertise within the Depart19 ment’s energy response team to improve supply chain 

20 situation assessments; 

21 (3) establish company liaisons and direct com22 munication with the Department’s energy response 

23 team to improve situation assessments; 
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1 (4) streamline and enhance processes for obtain2 ing temporary regulatory relief to speed up emergency 

3 response and recovery; 

4 (5) facilitate and increase engagement among 

5 States, the oil and natural gas industry, the energy 

6 storage industry, and the Department in developing 

7 State and local energy assurance plans; 

8 (6) establish routine education and training pro9 grams for key government emergency response posi10 tions with the Department and States; and 

11 (7) involve States, the energy storage industry, 

12 and the oil and natural gas industry in comprehen13 sive drill and exercise programs. 

14 (c) COOPERATION.—The activities carried out under 

15 subsection (b) shall include collaborative efforts with State 

16 and local government officials and the private sector. 

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

18 of enactment of this Act, the Secretary of Energy shall sub19 mit to Congress a report describing the effectiveness of the 

20 activities authorized under this section. 

21 SEC. 1104. CRITICAL ELECTRIC INFRASTRUCTURE SECU22 RITY. 

23 (a) CRITICAL ELECTRIC INFRASTRUCTURE SECU24 RITY.—Part II of the Federal Power Act (16 U.S.C. 824 
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1 et seq.) is amended by adding after section 215 the following 

2 new section: 

3 ‘‘SEC. 215A. CRITICAL ELECTRIC INFRASTRUCTURE SECU4 RITY. 

5 ‘‘(a) DEFINITIONS.—For purposes of this section: 

6 ‘‘(1) BULK-POWER SYSTEM; ELECTRIC RELI7 ABILITY ORGANIZATION; REGIONAL ENTITY.—The 

8 terms ‘bulk-power system’, ‘Electric Reliability Orga9 nization’, and ‘regional entity’ have the meanings 

10 given such terms in paragraphs (1), (2), and (7) of 

11 section 215(a), respectively. 

12 ‘‘(2) CRITICAL ELECTRIC INFRASTRUCTURE.— 

13 The term ‘critical electric infrastructure’ means a sys14 tem or asset of the bulk-power system, whether phys15 ical or virtual, the incapacity or destruction of which 

16 would negatively affect national security, economic se17 curity, public health or safety, or any combination of 

18 such matters. 

19 ‘‘(3) CRITICAL ELECTRIC INFRASTRUCTURE IN20 FORMATION.—The term ‘critical electric infrastruc21 ture information’ means information related to crit22 ical electric infrastructure, or proposed critical elec23 trical infrastructure, generated by or provided to the 

24 Commission or other Federal agency, other than clas25 sified national security information, that is des-
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1 ignated as critical electric infrastructure information 

2 by the Commission under subsection (d)(2). Such 

3 term includes information that qualifies as critical 

4 energy infrastructure information under the Commis5 sion’s regulations. 

6 ‘‘(4) DEFENSE CRITICAL ELECTRIC INFRASTRUC7 TURE.—The term ‘defense critical electric infrastruc8 ture’ means any electric infrastructure located in the 

9 United States (including the territories) that serves a 

10 facility designated by the Secretary pursuant to sub11 section (c), but is not owned or operated by the owner 

12 or operator of such facility. 

13 ‘‘(5) ELECTROMAGNETIC PULSE.—The term ‘elec14 tromagnetic pulse’ means 1 or more pulses of electro15 magnetic energy emitted by a device capable of dis16 abling or disrupting operation of, or destroying, elec17 tronic devices or communications networks, including 

18 hardware, software, and data, by means of such a 

19 pulse. 

20 ‘‘(6) GEOMAGNETIC STORM.—The term ‘geo21 magnetic storm’ means a temporary disturbance of 

22 the Earth’s magnetic field resulting from solar activ23 ity. 
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1 ‘‘(7) GRID SECURITY EMERGENCY.—The term 

2 ‘grid security emergency’ means the occurrence or im3 minent danger of— 

4 ‘‘(A)(i) a malicious act using electronic 

5 communication or an electromagnetic pulse, or a 

6 geomagnetic storm event, that could disrupt the 

7 operation of those electronic devices or commu8 nications networks, including hardware, soft9 ware, and data, that are essential to the reli10 ability of critical electric infrastructure or of de11 fense critical electric infrastructure; and 

12 ‘‘(ii) disruption of the operation of such de13 vices or networks, with significant adverse effects 

14 on the reliability of critical electric infrastruc15 ture or of defense critical electric infrastructure, 

16 as a result of such act or event; or 

17 ‘‘(B)(i) a direct physical attack on critical 

18 electric infrastructure or on defense critical elec19 tric infrastructure; and 

20 ‘‘(ii) significant adverse effects on the reli21 ability of critical electric infrastructure or of de22 fense critical electric infrastructure as a result of 

23 such physical attack. 

24 ‘‘(8) GRID SECURITY VULNERABILITY.—The term 

25 ‘grid security vulnerability’ means a weakness that, 
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1 in the event of a malicious act using an electro2 magnetic pulse, would pose a substantial risk of dis3 ruption to the operation of those electrical or elec4 tronic devices or communications networks, including 

5 hardware, software, and data, that are essential to the 

6 reliability of the bulk-power system. 

7 ‘‘(9) SECRETARY.—The term ‘Secretary’ means 

8 the Secretary of Energy. 

9 ‘‘(b) AUTHORITY TO ADDRESS GRID SECURITY EMER10 GENCY.— 

11 ‘‘(1) AUTHORITY.—Whenever the President issues 

12 and provides to the Secretary a written directive or 

13 determination identifying a grid security emergency, 

14 the Secretary may, with or without notice, hearing, or 

15 report, issue such orders for emergency measures as 

16 are necessary in the judgment of the Secretary to pro17 tect or restore the reliability of critical electric infra18 structure or of defense critical electric infrastructure 

19 during such emergency. As soon as practicable but not 

20 later than 180 days after the date of enactment of this 

21 section, the Secretary shall, after notice and oppor22 tunity for comment, establish rules of procedure that 

23 ensure that such authority can be exercised expedi24 tiously. 
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1 ‘‘(2) NOTIFICATION OF CONGRESS.—Whenever 

2 the President issues and provides to the Secretary a 

3 written directive or determination under paragraph 

4 (1), the President shall promptly notify congressional 

5 committees of relevant jurisdiction, including the 

6 Committee on Energy and Commerce of the House of 

7 Representatives and the Committee on Energy and 

8 Natural Resources of the Senate, of the contents of, 

9 and justification for, such directive or determination. 

10 ‘‘(3) CONSULTATION.—Before issuing an order 

11 for emergency measures under paragraph (1), the Sec12 retary shall, to the extent practicable in light of the 

13 nature of the grid security emergency and the urgency 

14 of the need for action, consult with appropriate gov15 ernmental authorities in Canada and Mexico, entities 

16 described in paragraph (4), the Electricity Sub-sector 

17 Coordinating Council, the Commission, and other ap18 propriate Federal agencies regarding implementation 

19 of such emergency measures. 

20 ‘‘(4) APPLICATION.—An order for emergency 

21 measures under this subsection may apply to— 

22 ‘‘(A) the Electric Reliability Organization; 

23 ‘‘(B) a regional entity; or 
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1 ‘‘(C) any owner, user, or operator of critical 

2 electric infrastructure or of defense critical elec3 tric infrastructure within the United States. 

4 ‘‘(5) EXPIRATION AND REISSUANCE.— 

5 ‘‘(A) IN GENERAL.—Except as provided in 

6 subparagraph (B), an order for emergency meas7 ures issued under paragraph (1) shall expire no 

8 later than 15 days after its issuance. 

9 ‘‘(B) EXTENSIONS.—The Secretary may re10 issue an order for emergency measures issued 

11 under paragraph (1) for subsequent periods, not 

12 to exceed 15 days for each such period, provided 

13 that the President, for each such period, issues 

14 and provides to the Secretary a written directive 

15 or determination that the grid security emer16 gency identified under paragraph (1) continues 

17 to exist or that the emergency measure continues 

18 to be required. 

19 ‘‘(6) COST RECOVERY.— 

20 ‘‘(A) CRITICAL ELECTRIC INFRASTRUC21 TURE.—If the Commission determines that own22 ers, operators, or users of critical electric infra23 structure have incurred substantial costs to com24 ply with an order for emergency measures issued 

25 under this subsection and that such costs were 
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1 prudently incurred and cannot reasonably be re2 covered through regulated rates or market prices 

3 for the electric energy or services sold by such 

4 owners, operators, or users, the Commission 

5 shall, consistent with the requirements of section 

6 205, after notice and an opportunity for com7 ment, establish a mechanism that permits such 

8 owners, operators, or users to recover such costs. 

9 ‘‘(B) DEFENSE CRITICAL ELECTRIC INFRA10 STRUCTURE.—To the extent the owner or oper11 ator of defense critical electric infrastructure is 

12 required to take emergency measures pursuant to 

13 an order issued under this subsection, the owners 

14 or operators of a critical defense facility or fa15 cilities designated by the Secretary pursuant to 

16 subsection (c) that rely upon such infrastructure 

17 shall bear the full incremental costs of the meas18 ures. 

19 ‘‘(7) TEMPORARY ACCESS TO CLASSIFIED INFOR20 MATION.—The Secretary, and other appropriate Fed21 eral agencies, shall, to the extent practicable and con22 sistent with their obligations to protect classified in23 formation, provide temporary access to classified in24 formation related to a grid security emergency for 

25 which emergency measures are issued under para-
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1 graph (1) to key personnel of any entity subject to 

2 such emergency measures to enable optimum commu3 nication between the entity and the Secretary and 

4 other appropriate Federal agencies regarding the grid 

5 security emergency. 

6 ‘‘(c) DESIGNATION OF CRITICAL DEFENSE FACILI7 TIES.—Not later than 180 days after the date of enactment 

8 of this section, the Secretary, in consultation with other ap9 propriate Federal agencies and appropriate owners, users, 

10 or operators of infrastructure that may be defense critical 

11 electric infrastructure, shall identify and designate facilities 

12 located in the United States (including the territories) that 

13 are— 

14 ‘‘(1) critical to the defense of the United States; 

15 and 

16 ‘‘(2) vulnerable to a disruption of the supply of 

17 electric energy provided to such facility by an exter18 nal provider. 

19 The Secretary may, in consultation with appropriate Fed20 eral agencies and appropriate owners, users, or operators 

21 of defense critical electric infrastructure, periodically revise 

22 the list of designated facilities as necessary. 

23 ‘‘(d) PROTECTION AND SHARING OF CRITICAL ELEC24 TRIC INFRASTRUCTURE INFORMATION.— 
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1 ‘‘(1) PROTECTION OF CRITICAL ELECTRIC INFRA2 STRUCTURE INFORMATION.—Critical electric infra3 structure information— 

4 ‘‘(A) shall be exempt from disclosure under 

5 section 552(b)(3) of title 5, United States Code; 

6 and 

7 ‘‘(B) shall not be made available by any 

8 Federal, State, political subdivision or tribal au9 thority pursuant to any Federal, State, political 

10 subdivision or tribal law requiring public disclo11 sure of information or records. 

12 ‘‘(2) DESIGNATION AND SHARING OF CRITICAL

13 ELECTRIC INFRASTRUCTURE INFORMATION.—Not later 

14 than one year after the date of enactment of this sec15 tion, the Commission, in consultation with the Sec16 retary of Energy, shall promulgate such regulations 

17 and issue such orders as necessary to— 

18 ‘‘(A) designate information as critical elec19 tric infrastructure information; 

20 ‘‘(B) prohibit the unauthorized disclosure of 

21 critical electric infrastructure information; 

22 ‘‘(C) ensure there are appropriate sanctions 

23 in place for Commissioners, officers, employees, 

24 or agents of the Commission who knowingly and 

25 willfully disclose critical electric infrastructure 
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1 information in a manner that is not authorized 

2 under this section; and 

3 ‘‘(D) taking into account standards of the 

4 Electric Reliability Organization, facilitate vol5 untary sharing of critical electric infrastructure 

6 information with, between, and by— 

7 ‘‘(i) Federal, State, political subdivi8 sion, and tribal authorities; 

9 ‘‘(ii) the Electric Reliability Organiza10 tion; 

11 ‘‘(iii) regional entities; 

12 ‘‘(iv) information sharing and analysis 

13 centers established pursuant to Presidential 

14 Decision Directive 63; 

15 ‘‘(v) owners, operators, and users of 

16 critical electric infrastructure in the United 

17 States; and 

18 ‘‘(vi) other entities determined appro19 priate by the Commission. 

20 ‘‘(3) CONSIDERATIONS.—In promulgating regu21 lations and issuing orders under paragraph (2), the 

22 Commission shall take into consideration the role of 

23 State commissions in reviewing the prudence and cost 

24 of investments, determining the rates and terms of 

25 conditions for electric services, and ensuring the safe-
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1 ty and reliability of the bulk-power system and dis2 tribution facilities within their respective jurisdic3 tions. 

4 ‘‘(4) PROTOCOLS.—The Commission shall, in 

5 consultation with Canadian and Mexican authorities, 

6 develop protocols for the voluntary sharing of critical 

7 electric infrastructure information with Canadian 

8 and Mexican authorities and owners, operators, and 

9 users of the bulk-power system outside the United 

10 States. 

11 ‘‘(5) NO REQUIRED SHARING OF INFORMATION.— 

12 Nothing in this section shall require a person or enti13 ty in possession of critical electric infrastructure in14 formation to share such information with Federal, 

15 State, political subdivision, or tribal authorities, or 

16 any other person or entity. 

17 ‘‘(6) SUBMISSION OF INFORMATION TO CON18 GRESS.—Nothing in this section shall permit or au19 thorize the withholding of information from Congress, 

20 any committee or subcommittee thereof, or the Comp21 troller General. 

22 ‘‘(7) DISCLOSURE OF PROTECTED INFORMA23 TION.—In implementing this section, the Commission 

24 shall segregate critical electric infrastructure informa25 tion or information that reasonably could be expected 
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1 to lead to the disclosure of the critical electric infra2 structure information within documents and elec3 tronic communications, wherever feasible, to facilitate 

4 disclosure of information that is not designated as 

5 critical electric infrastructure information. 

6 ‘‘(8) DURATION OF DESIGNATION.—Information 

7 may not be designated as critical electric infrastruc8 ture information for longer than 5 years, unless spe9 cifically re-designated by the Commission. 

10 ‘‘(9) REMOVAL OF DESIGNATION.—The Commis11 sion shall remove the designation of critical electric 

12 infrastructure information, in whole or in part, from 

13 a document or electronic communication if the Com14 mission determines that the unauthorized disclosure of 

15 such information could no longer be used to impair 

16 the security or reliability of the bulk-power system or 

17 distribution facilities. 

18 ‘‘(10) JUDICIAL REVIEW OF DESIGNATIONS.— 

19 Notwithstanding section 313(b), any determination 

20 by the Commission concerning the designation of crit21 ical electric infrastructure information under this 

22 subsection shall be subject to review under chapter 7 

23 of title 5, United States Code, except that such review 

24 shall be brought in the district court of the United 

25 States in the district in which the complainant re-
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1 sides, or has his principal place of business, or in the 

2 District of Columbia. In such a case the court shall 

3 examine in camera the contents of documents or elec4 tronic communications that are the subject of the de5 termination under review to determine whether such 

6 documents or any part thereof were improperly des7 ignated or not designated as critical electric infra8 structure information. 

9 ‘‘(e) MEASURES TO ADDRESS GRID SECURITY

10 VULNERABILITIES.— 

11 ‘‘(1) COMMISSION AUTHORITY.— 

12 ‘‘(A) RELIABILITY STANDARDS.—If the 

13 Commission, in consultation with appropriate 

14 Federal agencies, identifies a grid security vul15 nerability that the Commission determines has 

16 not adequately been addressed through a reli17 ability standard developed and approved under 

18 section 215, the Commission shall, after notice 

19 and opportunity for comment and after consulta20 tion with the Secretary, other appropriate Fed21 eral agencies, and appropriate governmental au22 thorities in Canada and Mexico, issue an order 

23 directing the Electric Reliability Organization to 

24 submit to the Commission for approval under 

25 section 215, not later than 30 days after the 
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1 issuance of such order, a reliability standard re2 quiring implementation, by any owner, operator, 

3 or user of the bulk-power system in the United 

4 States, of measures to protect the bulk-power sys5 tem against such vulnerability. Any such stand6 ard shall include a protection plan, including 

7 automated hardware-based solutions. The Com8 mission shall approve a reliability standard sub9 mitted pursuant to this subparagraph, unless the 

10 Commission determines that such reliability 

11 standard does not adequately protect against 

12 such vulnerability or otherwise does not satisfy 

13 the requirements of section 215. 

14 ‘‘(B) MEASURES TO ADDRESS GRID SECU15 RITY VULNERABILITIES.—If the Commission, 

16 after notice and opportunity for comment and 

17 after consultation with the Secretary, other ap18 propriate Federal agencies, and appropriate gov19 ernmental authorities in Canada and Mexico, 

20 determines that the reliability standard sub21 mitted by the Electric Reliability Organization 

22 to address a grid security vulnerability identi23 fied under subparagraph (A) does not adequately 

24 protect the bulk-power system against such vul25 nerability, the Commission shall promulgate a 
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1 rule or issue an order requiring implementation, 

2 by any owner, operator, or user of the bulk3 power system in the United States, of measures 

4 to protect the bulk-power system against such 

5 vulnerability. Any such rule or order shall in6 clude a protection plan, including automated 

7 hardware-based solutions. Before promulgating a 

8 rule or issuing an order under this subpara9 graph, the Commission shall, to the extent prac10 ticable in light of the urgency of the need for ac11 tion to address the grid security vulnerability, 

12 request and consider recommendations from the 

13 Electric Reliability Organization regarding such 

14 rule or order. The Commission may establish an 

15 appropriate deadline for the submission of such 

16 recommendations. 

17 ‘‘(2) RESCISSION.—The Commission shall ap18 prove a reliability standard developed under section 

19 215 that addresses a grid security vulnerability that 

20 is the subject of a rule or order under paragraph 

21 (1)(B), unless the Commission determines that such 

22 reliability standard does not adequately protect 

23 against such vulnerability or otherwise does not sat24 isfy the requirements of section 215. Upon such ap25 proval, the Commission shall rescind the rule promul-
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1 gated or order issued under paragraph (1)(B) ad2 dressing such vulnerability, effective upon the effective 

3 date of the newly approved reliability standard. 

4 ‘‘(3) GEOMAGNETIC STORMS AND ELECTRO5 MAGNETIC PULSE.—Not later than 6 months after the 

6 date of enactment of this section, the Commission 

7 shall, after notice and an opportunity for comment 

8 and after consultation with the Secretary and other 

9 appropriate Federal agencies, issue an order directing 

10 the Electric Reliability Organization to submit to the 

11 Commission for approval under section 215, not later 

12 than 6 months after the issuance of such order, reli13 ability standards adequate to protect the bulk-power 

14 system from any reasonably foreseeable geomagnetic 

15 storm or electromagnetic pulse event. The Commis16 sion’s order shall specify the nature and magnitude of 

17 the reasonably foreseeable events against which such 

18 standards must protect. Such standards shall appro19 priately balance the risks to the bulk-power system as20 sociated with such events, including any regional var21 iation in such risks, the costs of mitigating such risks, 

22 and the priorities and timing associated with imple23 mentation. If the Commission determines that the re24 liability standards submitted by the Electric Reli25 ability Organization pursuant to this paragraph are 
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1 inadequate, the Commission shall promulgate a rule 

2 or issue an order adequate to protect the bulk-power 

3 system from geomagnetic storms or electromagnetic 

4 pulse as required under paragraph (1)(B). 

5 ‘‘(4) LARGE TRANSFORMER AVAILABILITY.—Not 

6 later than 1 year after the date of enactment of this 

7 section, the Commission shall, after notice and an op8 portunity for comment and after consultation with 

9 the Secretary and other appropriate Federal agencies, 

10 issue an order directing the Electric Reliability Orga11 nization to submit to the Commission for approval 

12 under section 215, not later than 1 year after the 

13 issuance of such order, reliability standards address14 ing availability of large transformers. Such standards 

15 shall require entities that own or operate large trans16 formers to ensure, individually or jointly, adequate 

17 availability of large transformers to promptly restore 

18 the reliable operation of the bulk-power system in the 

19 event that any such transformer is destroyed or dis20 abled as a result of a geomagnetic storm event or elec21 tromagnetic pulse event. The Commission’s order shall 

22 specify the nature and magnitude of the reasonably 

23 foreseeable events that shall provide the basis for such 

24 standards. Such standards shall— 
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1 ‘‘(A) provide entities subject to the stand2 ards with the option of meeting such standards 

3 individually or jointly; and 

4 ‘‘(B) appropriately balance the risks associ5 ated with a reasonably foreseeable event, includ6 ing any regional variation in such risks, and the 

7 costs of ensuring adequate availability of spare 

8 transformers. 

9 ‘‘(5) CERTAIN FEDERAL ENTITIES.—For the 11- 

10 year period commencing on the date of enactment of 

11 this section, the Tennessee Valley Authority and the 

12 Bonneville Power Administration shall be exempt 

13 from any requirement under this subsection. 

14 ‘‘(f) SECURITY CLEARANCES.—The Secretary shall fa15 cilitate and, to the extent practicable, expedite the acquisi16 tion of adequate security clearances by key personnel of any 

17 entity subject to the requirements of this section, to enable 

18 optimum communication with Federal agencies regarding 

19 threats to the security of the critical electric infrastructure. 

20 The Secretary, the Commission, and other appropriate Fed21 eral agencies shall, to the extent practicable and consistent 

22 with their obligations to protect classified and critical elec23 tric infrastructure information, share timely actionable in24 formation regarding grid security with appropriate key 
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1 personnel of owners, operators, and users of the critical elec2 tric infrastructure. 

3 ‘‘(g) CLARIFICATIONS OF LIABILITY.— 

4 ‘‘(1) COMPLIANCE WITH OR VIOLATION OF THIS

5 ACT.—Except as provided in paragraph (4), to the ex6 tent any action or omission taken by an entity that 

7 is necessary to comply with an order for emergency 

8 measures issued under subsection (b)(1), including 

9 any action or omission taken to voluntarily comply 

10 with such order, results in noncompliance with, or 

11 causes such entity not to comply with any rule, order, 

12 regulation, or provision of this Act, including any re13 liability standard approved by the Commission pur14 suant to section 215, such action or omission shall 

15 not be considered a violation of such rule, order, regu16 lation, or provision. 

17 ‘‘(2) RELATION TO SECTION 202(c).—Except as 

18 provided in paragraph (4), an action or omission 

19 taken by an owner, operator, or user of critical elec20 tric infrastructure or of defense critical electric infra21 structure to comply with an order for emergency 

22 measures issued under subsection (b)(1) shall be treat23 ed as an action or omission taken to comply with an 

24 order issued under section 202(c) for purposes of such 

25 section. 
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1 ‘‘(3) SHARING OR RECEIPT OF INFORMATION.— 

2 No cause of action shall lie or be maintained in any 

3 Federal or State court for the sharing or receipt of in4 formation under, and that is conducted in accordance 

5 with, subsection (d). 

6 ‘‘(4) RULE OF CONSTRUCTION.—Nothing in this 

7 subsection shall be construed to require dismissal of a 

8 cause of action against an entity that, in the course 

9 of complying with an order for emergency measures 

10 issued under subsection (b)(1) by taking an action or 

11 omission for which they would be liable but for para12 graph (1) or (2), takes such action or omission in a 

13 grossly negligent manner.’’. 

14 (b) CONFORMING AMENDMENTS.— 

15 (1) JURISDICTION.—Section 201(b)(2) of the 

16 Federal Power Act (16 U.S.C. 824(b)(2)) is amended 

17 by inserting ‘‘215A,’’ after ‘‘215,’’ each place it ap18 pears. 

19 (2) PUBLIC UTILITY.—Section 201(e) of the Fed20 eral Power Act (16 U.S.C. 824(e)) is amended by in21 serting ‘‘215A,’’ after ‘‘215,’’. 

22 SEC. 1105. STRATEGIC TRANSFORMER RESERVE. 

23 (a) FINDING.—Congress finds that the storage of stra24 tegically located spare large power transformers and emer25 gency mobile substations will reduce the vulnerability of the 
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1 United States to multiple risks facing electric grid reli2 ability, including physical attack, cyber attack, electro3 magnetic pulse, geomagnetic disturbances, severe weather, 

4 and seismic events. 

5 (b) DEFINITIONS.—In this section: 

6 (1) BULK-POWER SYSTEM.—The term ‘‘bulk7 power system’’ has the meaning given such term in 

8 section 215(a) of the Federal Power Act (16 U.S.C. 

9 824o(a)). 

10 (2) CRITICALLY DAMAGED LARGE POWER TRANS11 FORMER.—The term ‘‘critically damaged large power 

12 transformer’’ means a large power transformer that— 

13 (A) has sustained extensive damage such 

14 that— 

15 (i) repair or refurbishment is not eco16 nomically viable; or 

17 (ii) the extensive time to repair or re18 furbish the large power transformer would 

19 create an extended period of instability in 

20 the bulk-power system; and 

21 (B) prior to sustaining such damage, was 

22 part of the bulk-power system. 

23 (3) CRITICAL ELECTRIC INFRASTRUCTURE.—The 

24 term ‘‘critical electric infrastructure’’ has the mean-
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1 ing given that term in section 215A of the Federal 

2 Power Act. 

3 (4) ELECTRIC RELIABILITY ORGANIZATION.—The 

4 term ‘‘Electric Reliability Organization’’ has the 

5 meaning given such term in section 215(a) of the Fed6 eral Power Act (16 U.S.C. 824o(a)). 

7 (5) EMERGENCY MOBILE SUBSTATION.—The 

8 term ‘‘emergency mobile substation’’ means a mobile 

9 substation or mobile transformer that is— 

10 (A) assembled and permanently mounted on 

11 a trailer that is capable of highway travel and 

12 meets relevant Department of Transportation 

13 regulations; and 

14 (B) intended for express deployment and ca15 pable of being rapidly placed into service. 

16 (6) LARGE POWER TRANSFORMER.—The term 

17 ‘‘large power transformer’’ means a power trans18 former with a maximum nameplate rating of 100 

19 megavolt-amperes or higher, including related critical 

20 equipment, that is, or is intended to be, a part of the 

21 bulk-power system. 

22 (7) SECRETARY.—The term ‘‘Secretary’’ means 

23 the Secretary of Energy. 

24 (8) SPARE LARGE POWER TRANSFORMER.—The 

25 term ‘‘spare large power transformer’’ means a large 
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1 power transformer that is stored within the Strategic 

2 Transformer Reserve to be available to temporarily 

3 replace a critically damaged large power transformer. 

4 (c) STRATEGIC TRANSFORMER RESERVE PLAN.— 

5 (1) PLAN.—Not later than 1 year after the date 

6 of enactment of this Act, the Secretary, acting through 

7 the Office of Electricity Delivery and Energy Reli8 ability, shall, in consultation with the Federal Energy 

9 Regulatory Commission, the Electricity Sub-sector 

10 Coordinating Council, the Electric Reliability Orga11 nization, and owners and operators of critical electric 

12 infrastructure and defense and military installations, 

13 prepare and submit to Congress a plan to establish a 

14 Strategic Transformer Reserve for the storage, in stra15 tegically located facilities, of spare large power trans16 formers and emergency mobile substations in suffi17 cient numbers to temporarily replace critically dam18 aged large power transformers and substations that 

19 are critical electric infrastructure or serve defense and 

20 military installations. 

21 (2) INCLUSIONS.—The Strategic Transformer 

22 Reserve plan shall include a description of— 

23 (A) the appropriate number and type of 

24 spare large power transformers necessary to pro25 vide or restore sufficient resiliency to the bulk- 
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1 power system, critical electric infrastructure, 

2 and defense and military installations to miti3 gate significant impacts to the electric grid re4 sulting from— 

5 (i) physical attack; 

6 (ii) cyber attack; 

7 (iii) electromagnetic pulse attack; 

8 (iv) geomagnetic disturbances; 

9 (v) severe weather; or 

10 (vi) seismic events; 

11 (B) other critical electric grid equipment for 

12 which an inventory of spare equipment, includ13 ing emergency mobile substations, is necessary to 

14 provide or restore sufficient resiliency to the 

15 bulk-power system, critical electric infrastruc16 ture, and defense and military installations; 

17 (C) the degree to which utility sector actions 

18 or initiatives, including individual utility own19 ership of spare equipment, joint ownership of 

20 spare equipment inventory, sharing agreements, 

21 or other spare equipment reserves or arrange22 ments, satisfy the needs identified under sub23 paragraphs (A) and (B); 

24 (D) the potential locations for, and feasi25 bility and appropriate number of, strategic stor-
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1 age locations for reserve equipment, including 

2 consideration of— 

3 (i) the physical security of such loca4 tions; 

5 (ii) the protection of the confidentiality 

6 of such locations; and 

7 (iii) the proximity of such locations to 

8 sites of potentially critically damaged large 

9 power transformers and substations that are 

10 critical electric infrastructure or serve de11 fense and military installations, so as to en12 able efficient delivery of equipment to such 

13 sites; 

14 (E) the necessary degree of flexibility of 

15 spare large power transformers to be included in 

16 the Strategic Transformer Reserve to conform to 

17 different substation configurations, including 

18 consideration of transformer— 

19 (i) power and voltage rating for each 

20 winding; 

21 (ii) overload requirements; 

22 (iii) impedance between windings; 

23 (iv) configuration of windings; and 

24 (v) tap requirements; 
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1 (F) an estimate of the direct cost of the 

2 Strategic Transformer Reserve, as proposed, in3 cluding— 

4 (i) the cost of storage facilities; 

5 (ii) the cost of the equipment; and 

6 (iii) management, maintenance, and 

7 operation costs; 

8 (G) the funding options available to estab9 lish, stock, manage, and maintain the Strategic 

10 Transformer Reserve, including consideration of 

11 fees on owners and operators of bulk-power sys12 tem facilities, critical electric infrastructure, and 

13 defense and military installations relying on the 

14 Strategic Transformer Reserve, use of Federal 

15 appropriations, and public-private cost-sharing 

16 options; 

17 (H) the ease and speed of transportation, 

18 installation, and energization of spare large 

19 power transformers to be included in the Stra20 tegic Transformer Reserve, including consider21 ation of factors such as— 

22 (i) transformer transportation weight; 

23 (ii) transformer size; 

24 (iii) topology of critical substations; 
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1 (iv) availability of appropriate trans2 former mounting pads; 

3 (v) flexibility of the spare large power 

4 transformers as described in subparagraph 

5 (E); and 

6 (vi) ability to rapidly transition a 

7 spare large power transformer from storage 

8 to energization; 

9 (I) eligibility criteria for withdrawal of 

10 equipment from the Strategic Transformer Re11 serve; 

12 (J) the process by which owners or opera13 tors of critically damaged large power trans14 formers or substations that are critical electric 

15 infrastructure or serve defense and military in16 stallations may apply for a withdrawal from the 

17 Strategic Transformer Reserve; 

18 (K) the process by which equipment with19 drawn from the Strategic Transformer Reserve is 

20 returned to the Strategic Transformer Reserve or 

21 is replaced; 

22 (L) possible fees to be paid by users of 

23 equipment withdrawn from the Strategic Trans24 former Reserve; 
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1 (M) possible fees to be paid by owners and 

2 operators of large power transformers and sub3 stations that are critical electric infrastructure 

4 or serve defense and military installations to 

5 cover operating costs of the Strategic Trans6 former Reserve; 

7 (N) the domestic and international large 

8 power transformer supply chain; 

9 (O) the potential reliability, cost, and oper10 ational benefits of including emergency mobile 

11 substations in any Strategic Transformer Re12 serve established under this section; and 

13 (P) other considerations for designing, con14 structing, stocking, funding, and managing the 

15 Strategic Transformer Reserve. 

16 (d) ESTABLISHMENT.—The Secretary may establish a 

17 Strategic Transformer Reserve in accordance with the plan 

18 prepared pursuant to subsection (c) after the date that is 

19 6 months after the date on which such plan is submitted 

20 to Congress. 

21 (e) DISCLOSURE OF INFORMATION.—Any information 

22 included in the Strategic Transformer Reserve plan, or 

23 shared in the preparation and development of such plan, 

24 the disclosure of which the agency reasonably foresees would 

25 cause harm to critical electric infrastructure, shall be 
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1 deemed to be critical electric infrastructure information for 

2 purposes of section 215A(d) of the Federal Power Act. 

3 SEC. 1106. CYBER SENSE. 

4 (a) IN GENERAL.—The Secretary of Energy shall es5 tablish a voluntary Cyber Sense program to identify and 

6 promote cyber-secure products intended for use in the bulk7 power system, as defined in section 215(a) of the Federal 

8 Power Act (16 U.S.C. 824o(a)). 

9 (b) PROGRAM REQUIREMENTS.—In carrying out sub10 section (a), the Secretary of Energy shall— 

11 (1) establish a Cyber Sense testing process to 

12 identify products and technologies intended for use in 

13 the bulk-power system, including products relating to 

14 industrial control systems, such as supervisory control 

15 and data acquisition systems; 

16 (2) for products tested and identified under the 

17 Cyber Sense program, establish and maintain cyber18 security vulnerability reporting processes and a re19 lated database; 

20 (3) promulgate regulations regarding vulner21 ability reporting processes for products tested and 

22 identified under the Cyber Sense program; 

23 (4) provide technical assistance to utilities, prod24 uct manufacturers, and other electric sector stake25 holders to develop solutions to mitigate identified 
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1 vulnerabilities in products tested and identified under 

2 the Cyber Sense program; 

3 (5) biennially review products tested and identi4 fied under the Cyber Sense program for 

5 vulnerabilities and provide analysis with respect to 

6 how such products respond to and mitigate cyber 

7 threats; 

8 (6) develop procurement guidance for utilities for 

9 products tested and identified under the Cyber Sense 

10 program; 

11 (7) provide reasonable notice to the public, and 

12 solicit comments from the public, prior to establishing 

13 or revising the Cyber Sense testing process; 

14 (8) oversee Cyber Sense testing carried out by 

15 third parties; and 

16 (9) consider incentives to encourage the use in 

17 the bulk-power system of products tested and identi18 fied under the Cyber Sense program. 

19 (c) DISCLOSURE OF INFORMATION.—Any vulner20 ability reported pursuant to regulations promulgated under 

21 subsection (b)(3), the disclosure of which the agency reason22 ably foresees would cause harm to critical electric infra23 structure (as defined in section 215A of the Federal Power 

24 Act), shall be deemed to be critical electric infrastructure 
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1 information for purposes of section 215A(d) of the Federal 

2 Power Act. 

3 (d) FEDERAL GOVERNMENT LIABILITY.—Consistent 

4 with other voluntary Federal Government certification pro5 grams, nothing in this section shall be construed to author6 ize the commencement of an action against the United 

7 States Government with respect to the testing and identi8 fication of a product under the Cyber Sense program. 

9 SEC. 1107. STATE COVERAGE AND CONSIDERATION OF 

10 PURPA STANDARDS FOR ELECTRIC UTILI11 TIES. 

12 (a) STATE CONSIDERATION OF RESILIENCY AND AD13 VANCED ENERGY ANALYTICS TECHNOLOGIES AND RELI14 ABLE GENERATION.— 

15 (1) CONSIDERATION.—Section 111(d) of the Pub16 lic Utility Regulatory Policies Act of 1978 (16 U.S.C. 

17 2621(d)) is amended by adding the following at the 

18 end: 

19 ‘‘(20) IMPROVING THE RESILIENCE OF ELECTRIC

20 INFRASTRUCTURE.— 

21 ‘‘(A) IN GENERAL.—Each electric utility 

22 shall develop a plan to use resiliency-related 

23 technologies, upgrades, measures, and other ap24 proaches designed to improve the resilience of 

25 electric infrastructure, mitigate power outages, 
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1 continue delivery of vital services, and maintain 

2 the flow of power to facilities critical to public 

3 health, safety, and welfare, to the extent prac4 ticable using the most current data, metrics, and 

5 frameworks related to current and future threats, 

6 including physical and cyber attacks, electro7 magnetic pulse attacks, geomagnetic disturb8 ances, seismic events, and severe weather and 

9 other environmental stressors. 

10 ‘‘(B) RESILIENCY-RELATED TECH11 NOLOGIES.—For purposes of this paragraph, ex12 amples of resiliency-related technologies, up13 grades, measures, and other approaches in14 clude— 

15 ‘‘(i) hardening, or other enhanced pro16 tection, of utility poles, wiring, cabling, and 

17 other distribution components, facilities, or 

18 structures; 

19 ‘‘(ii) advanced grid technologies capa20 ble of isolating or repairing problems re21 motely, such as advanced metering infra22 structure, high-tech sensors, grid monitoring 

23 and control systems, and remote reconfig24 uration and redundancy systems; 
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1 ‘‘(iii) cybersecurity products and com2 ponents; 

3 ‘‘(iv) distributed generation, including 

4 back-up generation to power critical facili5 ties and essential services, and related inte6 gration components, such as advanced in7 verter technology; 

8 ‘‘(v) microgrid systems, including hy9 brid microgrid systems for isolated commu10 nities; 

11 ‘‘(vi) combined heat and power; 

12 ‘‘(vii) waste heat resources; 

13 ‘‘(viii) non-grid-scale energy storage 

14 technologies; 

15 ‘‘(ix) wiring, cabling, and other dis16 tribution components, including submersible 

17 distribution components, and enclosures; 

18 ‘‘(x) electronically controlled reclosers 

19 and similar technologies for power restora20 tion, including emergency mobile sub21 stations, as defined in section 1105 of the 

22 North American Energy Security and In23 frastructure Act of 2016; 

24 ‘‘(xi) advanced energy analytics tech25 nology, such as Internet-based and cloud- 
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1 based computing solutions and subscription 

2 licensing models; 

3 ‘‘(xii) measures that enhance resilience 

4 through planning, preparation, response, 

5 and recovery activities; 

6 ‘‘(xiii) operational capabilities to en7 hance resilience through rapid response re8 covery; and 

9 ‘‘(xiv) measures to ensure availability 

10 of key critical components through con11 tracts, cooperative agreements, stockpiling 

12 and prepositioning, or other measures. 

13 ‘‘(C) RATE RECOVERY.—Each State regu14 latory authority (with respect to each electric 

15 utility for which it has ratemaking authority) 

16 shall consider authorizing each such electric util17 ity to recover any capital, operating expenditure, 

18 or other costs of the electric utility related to the 

19 procurement, deployment, or use of resiliency-re20 lated technologies, including a reasonable rate of 

21 return on the capital expenditures of the electric 

22 utility for the procurement, deployment, or use of 

23 resiliency-related technologies. 

24 ‘‘(21) PROMOTING INVESTMENTS IN ADVANCED

25 ENERGY ANALYTICS TECHNOLOGY.— 
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1 ‘‘(A) IN GENERAL.—Each electric utility 

2 shall develop and implement a plan for deploy3 ing advanced energy analytics technology. 

4 ‘‘(B) RATE RECOVERY.—Each State regu5 latory authority (with respect to each electric 

6 utility for which it has ratemaking authority) 

7 shall consider confirming and clarifying, if nec8 essary, that each such electric utility is author9 ized to recover the costs of the electric utility re10 lating to the procurement, deployment, or use of 

11 advanced energy analytics technology, including 

12 a reasonable rate of return on all such costs in13 curred by the electric utility for the procurement, 

14 deployment, or use of advanced energy analytics 

15 technology, provided such technology is used by 

16 the electric utility for purposes of realizing oper17 ational efficiencies, cost savings, enhanced energy 

18 management and customer engagement, improve19 ments in system reliability, safety, and cyberse20 curity, or other benefits to ratepayers. 

21 ‘‘(C) ADVANCED ENERGY ANALYTICS TECH22 NOLOGY.—For purposes of this paragraph, exam23 ples of advanced energy analytics technology in24 clude Internet-based and cloud-based computing 

25 solutions and subscription licensing models, in-
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1 cluding software as a service that uses cyber2 physical systems to allow the correlation of data 

3 aggregated from appropriate data sources and 

4 smart grid sensor networks, employs analytics 

5 and machine learning, or employs other ad6 vanced computing solutions and models. 

7 ‘‘(22) ASSURING ELECTRIC RELIABILITY WITH

8 RELIABLE GENERATION.— 

9 ‘‘(A) ASSURANCE OF ELECTRIC RELI10 ABILITY.—Each electric utility shall adopt or 

11 modify policies to ensure that such electric util12 ity incorporates reliable generation into its inte13 grated resource plan to assure the availability of 

14 electric energy over a 10-year planning period. 

15 ‘‘(B) RELIABLE GENERATION.—For pur16 poses of this paragraph, ‘reliable generation’ 

17 means electric generation facilities with reli18 ability attributes that include— 

19 ‘‘(i)(I) possession of adequate fuel on20 site to enable operation for an extended pe21 riod of time; 

22 ‘‘(II) the operational ability to gen23 erate electric energy from more than one 

24 source; or 
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1 ‘‘(III) fuel certainty, through firm con2 tractual obligations (which may not be re3 quired to be for a period longer than one 

4 year), that ensures adequate fuel supply to 

5 enable operation, for an extended period of 

6 time, for the duration of an emergency or 

7 severe weather conditions; 

8 ‘‘(ii) operational characteristics that 

9 enable the generation of electric energy for 

10 the duration of an emergency or severe 

11 weather conditions; and 

12 ‘‘(iii) unless procured through other 

13 procurement mechanisms, essential reli14 ability services, including frequency support 

15 and regulation services. 

16 ‘‘(23) SUBSIDIZATION OF CUSTOMER-SIDE TECH17 NOLOGY.— 

18 ‘‘(A) CONSIDERATION.—To the extent that a 

19 State regulatory authority may require or allow 

20 rates charged by any electric utility for which it 

21 has ratemaking authority to electric consumers 

22 that do not use a customer-side technology to in23 clude any cost, fee, or charge that directly or in24 directly cross-subsidizes the deployment, con25 struction, maintenance, or operation of that cus-
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1 tomer-side technology, such authority shall evalu2 ate whether subsidizing the deployment, con3 struction, maintenance, or operation of a cus4 tomer-side technology would— 

5 ‘‘(i) result in benefits predominately 

6 enjoyed by only the users of that customer7 side technology; 

8 ‘‘(ii) shift costs of a customer-side tech9 nology to electricity consumers that do not 

10 use that customer-side technology, particu11 larly where disparate economic or resource 

12 conditions exist among the electricity con13 sumers cross-subsidizing the costumer-side 

14 technology; 

15 ‘‘(iii) negatively affect resource utiliza16 tion, fuel diversity, or grid security; 

17 ‘‘(iv) provide any unfair competitive 

18 advantage to market the customer-side tech19 nology; and 

20 ‘‘(v) be necessary to fulfill an obliga21 tion to serve electric consumers. 

22 ‘‘(B) PUBLIC NOTICE.—Each State regu23 latory authority shall make available to the pub24 lic the evaluation completed under subparagraph 

25 (A) at least 90 days prior to any proceedings in 
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1 which such authority considers the cross-sub2 sidization of a customer-side technology. 

3 ‘‘(C) CUSTOMER-SIDE TECHNOLOGY.—For 

4 purposes of this paragraph, the term ‘customer5 side technology’ means a device connected to the 

6 electricity distribution system— 

7 ‘‘(i) at, or on the customer side of, the 

8 meter; or 

9 ‘‘(ii) that, if owned or operated by or 

10 on behalf of an electric utility, would other11 wise be at, or on the customer side of, the 

12 meter.’’. 

13 (2) COMPLIANCE.— 

14 (A) TIME LIMITATIONS.—Section 112(b) of 

15 the Public Utility Regulatory Policies Act of 

16 1978 (16 U.S.C. 2622(b)) is amended by adding 

17 at the end the following: 

18 ‘‘(7)(A) Not later than 1 year after the date of 

19 enactment of this paragraph, each State regulatory 

20 authority (with respect to each electric utility for 

21 which it has ratemaking authority) and each non22 regulated electric utility, as applicable, shall com23 mence the consideration referred to in section 111, or 

24 set a hearing date for consideration, with respect to 
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1 the standards established by paragraphs (20), (22), 

2 and (23) of section 111(d). 

3 ‘‘(B) Not later than 2 years after the date of the 

4 enactment of this paragraph, each State regulatory 

5 authority (with respect to each electric utility for 

6 which it has ratemaking authority) and each non7 regulated electric utility, as applicable, shall complete 

8 the consideration, and shall make the determination, 

9 referred to in section 111 with respect to each stand10 ard established by paragraphs (20), (22), and (23) of 

11 section 111(d). 

12 ‘‘(8)(A) Not later than 6 months after the date 

13 of enactment of this paragraph, each State regulatory 

14 authority (with respect to each electric utility for 

15 which it has ratemaking authority) and each non16 regulated electric utility shall commence the consider17 ation referred to in section 111, or set a hearing date 

18 for consideration, with respect to the standard estab19 lished by paragraph (21) of section 111(d). 

20 ‘‘(B) Not later than 1 year after the date of en21 actment of this paragraph, each State regulatory au22 thority (with respect to each electric utility for which 

23 it has ratemaking authority) and each nonregulated 

24 electric utility shall complete the consideration, and 

25 shall make the determination, referred to in section 
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1 111 with respect to the standard established by para2 graph (21) of section 111(d).’’. 

3 (B) FAILURE TO COMPLY.—Section 112(c) 

4 of the Public Utility Regulatory Policies Act of 

5 1978 (16 U.S.C. 2622(c)) is amended by adding 

6 the following at the end: ‘‘In the case of the 

7 standards established by paragraphs (20) 

8 through (23) of section 111(d), the reference con9 tained in this subsection to the date of enactment 

10 of this Act shall be deemed to be a reference to 

11 the date of enactment of such paragraphs.’’. 

12 (C) PRIOR STATE ACTIONS.—Section 112 of 

13 the Public Utility Regulatory Policies Act of 

14 1978 (16 U.S.C. 2622) is amended by adding at 

15 the end the following new subsection: 

16 ‘‘(g) PRIOR STATE ACTIONS.—Subsections (b) and (c) 

17 of this section shall not apply to a standard established by 

18 paragraph (20), (21), (22), or (23) of section 111(d) in the 

19 case of any electric utility in a State if— 

20 ‘‘(1) before the date of enactment of this sub21 section, the State has implemented for such utility the 

22 standard concerned (or a comparable standard); 

23 ‘‘(2) the State regulatory authority for such 

24 State or relevant nonregulated electric utility has con25 ducted a proceeding to consider implementation of the 
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1 standard concerned (or a comparable standard) for 

2 such utility during the 3-year period ending on the 

3 date of enactment of this subsection; or 

4 ‘‘(3) the State legislature has voted on the imple5 mentation of the standard concerned (or a comparable 

6 standard) for such utility during the 3-year period 

7 ending on the date of enactment of this subsection.’’. 

8 (b) COVERAGE FOR COMPETITIVE MARKETS.—Section 

9 102 of the Public Utility Regulatory Policies Act of 1978 

10 (16 U.S.C. 2612) is amended by adding at the end the fol11 lowing: 

12 ‘‘(d) COVERAGE FOR COMPETITIVE MARKETS.—The 

13 requirements of this title do not apply to the operations of 

14 an electric utility, or to proceedings respecting such oper15 ations, to the extent that such operations or proceedings, 

16 or any portion thereof, relate to the competitive sale of retail 

17 electric energy that is unbundled or separated from the reg18 ulated provision or sale of distribution service.’’. 

19 SEC. 1108. RELIABILITY ANALYSIS FOR CERTAIN RULES 

20 THAT AFFECT ELECTRIC GENERATING FA21 CILITIES. 

22 (a) APPLICABILITY.—This section shall apply with re23 spect to any proposed or final covered rule issued by a Fed24 eral agency for which compliance with the rule may impact 

25 an electric utility generating unit or units, including by 
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1 resulting in closure or interruption to operations of such 

2 a unit or units. 

3 (b) RELIABILITY ANALYSIS.— 

4 (1) ANALYSIS OF RULES.—The Federal Energy 

5 Regulatory Commission, in consultation with the 

6 Electric Reliability Organization, shall conduct an 

7 independent reliability analysis of a proposed or final 

8 covered rule under this section to evaluate the antici9 pated effects of implementation and enforcement of 

10 the rule on— 

11 (A) electric reliability and resource ade12 quacy; 

13 (B) the electricity generation portfolio of the 

14 United States; 

15 (C) the operation of wholesale electricity 

16 markets; and 

17 (D) energy delivery and infrastructure, in18 cluding electric transmission facilities and nat19 ural gas pipelines. 

20 (2) RELEVANT INFORMATION.— 

21 (A) MATERIALS FROM FEDERAL AGEN22 CIES.—A Federal agency shall provide to the 

23 Commission materials and information relevant 

24 to the analysis required under paragraph (1) for 

25 a rule, including relevant data, modeling, and 
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1 resource adequacy and reliability assessments, 

2 prepared or relied upon by such agency in devel3 oping the rule. 

4 (B) ANALYSES FROM OTHER ENTITIES.— 

5 The Electric Reliability Organization, regional 

6 entities, regional transmission organizations, 

7 independent system operators, and other reli8 ability coordinators and planning authorities 

9 shall timely conduct analyses and provide such 

10 information as may be reasonably requested by 

11 the Commission. 

12 (3) NOTICE.—A Federal agency shall provide to 

13 the Commission notice of the issuance of any proposed 

14 or final covered rule not later than 15 days after the 

15 date of such issuance. 

16 (c) PROPOSED RULES.—Not later than 150 days after 

17 the date of publication in the Federal Register of a proposed 

18 rule described in subsection (a), the Federal Energy Regu19 latory Commission shall make available to the public an 

20 analysis of the proposed rule conducted in accordance with 

21 subsection (b), and any relevant special assessment or sea22 sonal or long-term reliability assessment completed by the 

23 Electric Reliability Organization. 

24 (d) FINAL RULES.— 
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1 (1) INCLUSION.—A final rule described in sub2 section (a) shall include, if available at the time of 

3 issuance, a copy of the analysis conducted pursuant 

4 to subsection (c) of the rule as proposed. 

5 (2) ANALYSIS.—Not later than 120 days after 

6 the date of publication in the Federal Register of a 

7 final rule described in subsection (a), the Federal En8 ergy Regulatory Commission shall make available to 

9 the public an analysis of the final rule conducted in 

10 accordance with subsection (b), and any relevant spe11 cial assessment or seasonal or long-term reliability as12 sessment completed by the Electric Reliability Orga13 nization. 

14 (e) DEFINITIONS.—In this section: 

15 (1) ELECTRIC RELIABILITY ORGANIZATION.—The 

16 term ‘‘Electric Reliability Organization’’ has the 

17 meaning given to such term in section 215(a) of the 

18 Federal Power Act (16 U.S.C. 824o(a)). 

19 (2) FEDERAL AGENCY.—The term ‘‘Federal agen20 cy’’ means an agency, as that term is defined in sec21 tion 551 of title 5, United States Code. 

22 (3) COVERED RULE.—The term ‘‘covered rule’’ 

23 means a proposed or final rule that is estimated by 

24 the Federal agency issuing the rule, or the Director of 

25 the Office of Management and Budget, to result in an 
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1 annual effect on the economy of $1,000,000,000 or 

2 more. 

3 SEC. 1109. INCREASED ACCOUNTABILITY WITH RESPECT TO 

4 CARBON CAPTURE, UTILIZATION, AND SE5 QUESTRATION PROJECTS. 

6 (a) DOE EVALUATION.— 

7 (1) IN GENERAL.—The Secretary of Energy (in 

8 this section referred to as the ‘‘Secretary’’) shall, in 

9 accordance with this section, annually conduct an 

10 evaluation, and make recommendations, with respect 

11 to each project conducted by the Secretary for re12 search, development, demonstration, or deployment of 

13 carbon capture, utilization, and sequestration tech14 nologies (also known as carbon capture and storage 

15 and utilization technologies). 

16 (2) SCOPE.—For purposes of this section, a 

17 project includes any contract, lease, cooperative agree18 ment, or other similar transaction with a public 

19 agency or private organization or person, entered into 

20 or performed, or any payment made, by the Secretary 

21 for research, development, demonstration, or deploy22 ment of carbon capture, utilization, and sequestration 

23 technologies. 
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1 (b) REQUIREMENTS FOR EVALUATION.—In conducting 

2 an evaluation of a project under this section, the Secretary 

3 shall— 

4 (1) examine if the project has made advance5 ments toward achieving any specific goal of the 

6 project with respect to a carbon capture, utilization, 

7 and sequestration technology; and 

8 (2) evaluate and determine if the project has 

9 made significant progress in advancing a carbon cap10 ture, utilization, and sequestration technology. 

11 (c) RECOMMENDATIONS.—For each evaluation of a 

12 project conducted under this section, if the Secretary deter13 mines that— 

14 (1) significant progress in advancing a carbon 

15 capture, utilization, and sequestration technology has 

16 been made, the Secretary shall assess the funding of 

17 the project and make a recommendation as to whether 

18 increased funding is necessary to advance the project; 

19 or 

20 (2) significant progress in advancing a carbon 

21 capture, utilization, and sequestration technology has 

22 not been made, the Secretary shall— 

23 (A) assess the funding of the project and 

24 make a recommendation as to whether increased 

25 funding is necessary to advance the project; 
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1 (B) assess and determine if the project has 

2 reached its full potential; and 

3 (C) make a recommendation as to whether 

4 the project should continue. 

5 (d) REPORTS.— 

6 (1) REPORT ON EVALUATIONS AND REC7 OMMENDATIONS.—Not later than 2 years after the 

8 date of enactment of this Act, and every 2 years there9 after, the Secretary shall— 

10 (A) issue a report on the evaluations con11 ducted and recommendations made during the 

12 previous year pursuant to this section; and 

13 (B) make each such report available on the 

14 Internet website of the Department of Energy. 

15 (2) REPORT.—Not later than 2 years after the 

16 date of enactment of this Act, and every 3 years there17 after, the Secretary shall submit to the Subcommittee 

18 on Energy and Power of the Committee on Energy 

19 and Commerce and the Committee on Science, Space, 

20 and Technology of the House of Representatives and 

21 the Committee on Energy and Natural Resources and 

22 the Committee on Commerce, Science, and Transpor23 tation of the Senate a report on— 
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1 (A) the evaluations conducted and rec2 ommendations made during the previous 3 years 

3 pursuant to this section; and 

4 (B) the progress of the Department of En5 ergy in advancing carbon capture, utilization, 

6 and sequestration technologies, including 

7 progress in achieving the Department of Ener8 gy’s goal of having an array of advanced carbon 

9 capture and sequestration technologies ready by 

10 2020 for large-scale demonstration. 

11 SEC. 1110. RELIABILITY AND PERFORMANCE ASSURANCE IN 

12 REGIONAL TRANSMISSION ORGANIZATIONS. 

13 Part II of the Federal Power Act (16 U.S.C. 824 et 

14 seq.), as amended by section 1104, is further amended by 

15 adding after section 215A the following new section: 

16 ‘‘SEC. 215B. RELIABILITY AND PERFORMANCE ASSURANCE 

17 IN REGIONAL TRANSMISSION ORGANIZA18 TIONS. 

19 ‘‘(a) EXISTING CAPACITY MARKETS.— 

20 ‘‘(1) ANALYSIS CONCERNING CAPACITY MARKET

21 DESIGN.—Not later than 180 days after the date of 

22 enactment of this section, each Regional Transmission 

23 Organization, and each Independent System Oper24 ator, that operates a capacity market, or a com25 parable market intended to ensure the procurement 
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1 and availability of sufficient future electric energy re2 sources, that is subject to the jurisdiction of the Com3 mission, shall provide to the Commission an analysis 

4 of how the structure of such market meets the fol5 lowing criteria: 

6 ‘‘(A) The structure of such market utilizes 

7 competitive market forces to the extent prac8 ticable in procuring capacity resources. 

9 ‘‘(B) Consistent with subparagraph (A), the 

10 structure of such market includes resource-neu11 tral performance criteria that ensure the pro12 curement of sufficient capacity from physical 

13 generation facilities that have reliability at14 tributes that include— 

15 ‘‘(i)(I) possession of adequate fuel on16 site to enable operation for an extended pe17 riod of time; 

18 ‘‘(II) the operational ability to gen19 erate electric energy from more than one 

20 fuel source; or 

21 ‘‘(III) fuel certainty, through firm con22 tractual obligations, that ensures adequate 

23 fuel supply to enable operation, for an ex24 tended period of time, for the duration of an 

25 emergency or severe weather conditions; 
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1 ‘‘(ii) operational characteristics that 

2 enable the generation of electric energy for 

3 the duration of an emergency or severe 

4 weather conditions; and 

5 ‘‘(iii) unless procured through other 

6 markets or procurement mechanisms, essen7 tial reliability services, including frequency 

8 support and regulation services. 

9 ‘‘(2) COMMISSION EVALUATION AND REPORT.— 

10 Not later than 1 year after the date of enactment of 

11 this section, the Commission shall make publicly 

12 available, and submit to the Committee on Energy 

13 and Commerce in the House of Representatives and 

14 the Committee on Energy and Natural Resources in 

15 the Senate, a report containing— 

16 ‘‘(A) evaluation of whether the structure of 

17 each market addressed in an analysis submitted 

18 pursuant to paragraph (1) meets the criteria 

19 under such paragraph, based on the analysis; 

20 and 

21 ‘‘(B) to the extent a market so addressed 

22 does not meet such criteria, any recommenda23 tions with respect to the procurement of suffi24 cient capacity, as described in paragraph (1)(B). 
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1 ‘‘(b) COMMISSION EVALUATION AND REPORT FOR NEW

2 SCHEDULES.— 

3 ‘‘(1) INCLUSION OF ANALYSIS IN FILING.—Except 

4 as provided in subsection (a)(2), whenever a Regional 

5 Transmission Organization or Independent System 

6 Operator files a new schedule under section 205 to es7 tablish a market described in subsection (a)(1), or 

8 that substantially modifies the capacity market de9 sign of a market described in subsection (a)(1), the 

10 Regional Transmission Organization or Independent 

11 System Operator shall include in any such filing the 

12 analysis required by subsection (a)(1). 

13 ‘‘(2) EVALUATION AND REPORT.—Not later than 

14 180 days of receiving an analysis under paragraph 

15 (1), the Commission shall make publicly available, 

16 and submit to the Committee on Energy and Com17 merce in the House of Representatives and the Com18 mittee on Energy and Natural Resources in the Sen19 ate, a report containing— 

20 ‘‘(A) an evaluation of whether the structure 

21 of the market addressed in the analysis meets the 

22 criteria under subsection (a)(1), based on the 

23 analysis; and 

24 ‘‘(B) to the extent the market does not meet 

25 such criteria, any recommendations with respect 
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1 to the procurement of sufficient capacity, as de2 scribed in subsection (a)(1)(B). 

3 ‘‘(c) EFFECT ON EXISTING APPROVALS.—Nothing in 

4 this section shall be considered to— 

5 ‘‘(1) require a modification of the Commission’s 

6 approval of the capacity market design approved pur7 suant to docket numbers ER15–623–000, EL15–29– 

8 000, EL14–52–000, and ER14–2419–000; or 

9 ‘‘(2) provide grounds for the Commission to 

10 grant rehearing or otherwise modify orders issued in 

11 those dockets.’’. 

12 SEC. 1111. ETHANE STORAGE STUDY. 

13 (a) IN GENERAL.—The Secretary of Energy and the 

14 Secretary of Commerce, in consultation with other relevant 

15 agencies and stakeholders, shall conduct a study on the fea16 sibility of establishing an ethane storage and distribution 

17 hub in the United States. 

18 (b) CONTENTS.—The study conducted under subsection 

19 (a) shall include— 

20 (1) an examination of— 

21 (A) potential locations; 

22 (B) economic feasibility; 

23 (C) economic benefits; 

24 (D) geological storage capacity capabilities; 

25 (E) above ground storage capabilities; 
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1 (F) infrastructure needs; and 

2 (G) other markets and trading hubs, par3 ticularly related to ethane; and 

4 (2) identification of potential additional benefits 

5 to energy security. 

6 (c) PUBLICATION OF RESULTS.—Not later than 2 

7 years after the date of enactment of this Act, the Secretaries 

8 of Energy and Commerce shall publish the results of the 

9 study conducted under subsection (a) on the websites of the 

10 Departments of Energy and Commerce, respectively, and 

11 shall submit such results to the Committee on Energy and 

12 Commerce of the House of Representatives and the Commit13 tees on Energy and Natural Resources and Commerce, 

14 Science, and Transportation of the Senate. 

15 SEC. 1112. STATEMENT OF POLICY ON GRID MODERNIZA16 TION. 

17 It is the policy of the United States to promote and 

18 advance— 

19 (1) the modernization of the energy delivery in20 frastructure of the United States, and bolster the reli21 ability, affordability, diversity, efficiency, security, 

22 and resiliency of domestic energy supplies, through 

23 advanced grid technologies; 

24 (2) the modernization of the electric grid to en25 able a robust multi-directional power flow that 
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1 leverages centralized energy resources and distributed 

2 energy resources, enables robust retail transactions, 

3 and facilitates the alignment of business and regu4 latory models to achieve a grid that optimizes the en5 tire electric delivery system; 

6 (3) relevant research and development in ad7 vanced grid technologies, including— 

8 (A) energy storage; 

9 (B) predictive tools and requisite real-time 

10 data to enable the dynamic optimization of grid 

11 operations; 

12 (C) power electronics, including smart in13 verters, that ease the challenge of intermittent re14 newable resources and distributed generation; 

15 (D) real-time data and situational aware16 ness tools and systems; and 

17 (E) tools to increase data security, physical 

18 security, and cybersecurity awareness and pro19 tection; 

20 (4) the leadership of the United States in basic 

21 and applied sciences to develop a systems approach to 

22 innovation and development of cyber-secure advanced 

23 grid technologies, architectures, and control para24 digms capable of managing diverse supplies and 

25 loads; 
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1 (5) the safeguarding of the critical energy deliv2 ery infrastructure of the United States and the en3 hanced resilience of the infrastructure to all hazards, 

4 including— 

5 (A) severe weather events; 

6 (B) cyber and physical threats; and 

7 (C) other factors that affect energy delivery; 

8 (6) the coordination of goals, investments to opti9 mize the grid, and other measures for energy effi10 ciency, advanced grid technologies, interoperability, 

11 and demand response-side management resources; 

12 (7) partnerships with States and the private sec13 tor— 

14 (A) to facilitate advanced grid capabilities 

15 and strategies; and 

16 (B) to provide technical assistance, tools, or 

17 other related information necessary to enhance 

18 grid integration, particularly in connection with 

19 the development at the State and local levels of 

20 strategic energy, energy surety and assurance, 

21 and emergency preparedness, response, and res22 toration planning; 

23 (8) the deployment of information and commu24 nications technologies at all levels of the electric sys25 tem; 
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1 (9) opportunities to provide consumers with 

2 timely information and advanced control options; 

3 (10) sophisticated or advanced control options to 

4 integrate distributed energy resources and associated 

5 ancillary services; 

6 (11) open-source communications, database ar7 chitectures, and common information model stand8 ards, guidelines, and protocols that enable interoper9 ability to maximize efficiency gains and associated 

10 benefits among— 

11 (A) the grid; 

12 (B) energy and building management sys13 tems; and 

14 (C) residential, commercial, and industrial 

15 equipment; 

16 (12) private sector investment in the energy de17 livery infrastructure of the United States through tar18 geted demonstration and validation of advanced grid 

19 technologies; and 

20 (13) establishment of common valuation methods 

21 and tools for cost-benefit analysis of grid integration 

22 paradigms. 

23 SEC. 1113. GRID RESILIENCE REPORT. 

24 Not later than 120 days after the date of enactment 

25 of this Act, the Secretary of Energy shall submit to the Con-
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1 gress a report on methods to increase electric grid resilience 

2 with respect to all threats, including cyber attacks, van3 dalism, terrorism, and severe weather. 

4 SEC. 1114. GAO REPORT ON IMPROVING NATIONAL RE5 SPONSE CENTER. 

6 The Comptroller General of the United States shall 

7 conduct a study of ways in which the capabilities of the 

8 National Response Center could be improved. 

9 SEC. 1115. DESIGNATION OF NATIONAL ENERGY SECURITY 

10 CORRIDORS ON FEDERAL LANDS. 

11 (a) IN GENERAL.—Section 28 of the Mineral Leasing 

12 Act (30 U.S.C. 185) is amended as follows: 

13 (1) In subsection (b)— 

14 (A) by striking ‘‘(b)(1) For the purposes of 

15 this section ‘Federal lands’ means’’ and inserting 

16 the following: 

17 ‘‘(b)(1) For the purposes of this section ‘Federal 

18 lands’— 

19 ‘‘(A) except as provided in subparagraph (B), 

20 means’’; 

21 (B) by striking the period at the end of 

22 paragraph (1) and inserting ‘‘; and’’ and by 

23 adding at the end of paragraph (1) the following: 
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1 ‘‘(B) for purposes of granting an application for 

2 a natural gas pipeline right-of-way, means all lands 

3 owned by the United States except— 

4 ‘‘(i) such lands held in trust for an Indian 

5 or Indian tribe; and 

6 ‘‘(ii) lands on the Outer Continental 

7 Shelf.’’. 

8 (2) By redesignating subsection (b), as so 

9 amended, as subsection (z), and transferring such sub10 section to appear after subsection (y) of that section. 

11 (3) By inserting after subsection (a) the fol12 lowing: 

13 ‘‘(b) NATIONAL ENERGY SECURITY CORRIDORS.— 

14 ‘‘(1) DESIGNATION.—In addition to other au15 thorities under this section, the Secretary shall— 

16 ‘‘(A) identify and designate suitable Federal 

17 lands as National Energy Security Corridors (in 

18 this subsection referred to as a ‘Corridor’), which 

19 shall be used for construction, operation, and 

20 maintenance of natural gas transmission facili21 ties; and 

22 ‘‘(B) incorporate such Corridors upon des23 ignation into the relevant agency land use and 

24 resource management plans or equivalent plans. 
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1 ‘‘(2) CONSIDERATIONS.—In evaluating Federal 

2 lands for designation as a National Energy Security 

3 Corridor, the Secretary shall— 

4 ‘‘(A) employ the principle of multiple use to 

5 ensure route decisions balance national energy 

6 security needs with existing land use principles; 

7 ‘‘(B) seek input from other Federal counter8 parts, State, local, and tribal governments, and 

9 affected utility and pipeline industries to deter10 mine the best suitable, most cost-effective, and 

11 commercially viable acreage for natural gas 

12 transmission facilities; 

13 ‘‘(C) focus on transmission routes that im14 prove domestic energy security through increas15 ing reliability, relieving congestion, reducing 

16 natural gas prices, and meeting growing demand 

17 for natural gas; and 

18 ‘‘(D) take into account technological inno19 vations that reduce the need for surface disturb20 ance. 

21 ‘‘(3) PROCEDURES.—The Secretary shall estab22 lish procedures to expedite and approve applications 

23 for rights-of-way for natural gas pipelines across Na24 tional Energy Security Corridors, that— 
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1 ‘‘(A) ensure a transparent process for re2 view of applications for rights-of-way on such 

3 corridors; 

4 ‘‘(B) require an approval time of not more 

5 than 1 year after the date of receipt of an appli6 cation for a right-of-way; and 

7 ‘‘(C) require, upon receipt of such an appli8 cation, notice to the applicant of a predictable 

9 timeline for consideration of the application, 

10 that clearly delineates important milestones in 

11 the process of such consideration. 

12 ‘‘(4) STATE INPUT.— 

13 ‘‘(A) REQUESTS AUTHORIZED.—The Gov14 ernor of a State may submit requests to the Sec15 retary of the Interior to designate Corridors on 

16 Federal land in that State. 

17 ‘‘(B) CONSIDERATION OF REQUESTS.—After 

18 receiving such a request, the Secretary shall re19 spond in writing, within 30 days— 

20 ‘‘(i) acknowledging receipt of the re21 quest; and 

22 ‘‘(ii) setting forth a timeline in which 

23 the Secretary shall grant, deny, or modify 

24 such request and state the reasons for doing 

25 so. 
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1 ‘‘(5) SPATIAL DISTRIBUTION OF CORRIDORS.—In 

2 implementing this subsection, the Secretary shall co3 ordinate with other Federal Departments to— 

4 ‘‘(A) minimize the proliferation of duplica5 tive natural gas pipeline rights-of-way on Fed6 eral lands where feasible; 

7 ‘‘(B) ensure Corridors can connect effec8 tively across Federal lands; and 

9 ‘‘(C) utilize input from utility and pipeline 

10 industries submitting applications for rights-of11 way to site corridors in economically feasible 

12 areas that reduce impacts, to the extent prac13 ticable, on local communities. 

14 ‘‘(6) NOT A MAJOR FEDERAL ACTION.—Designa15 tion of a Corridor under this subsection, and incorpo16 ration of Corridors into agency plans under para17 graph (1)(B), shall not be treated as a major Federal 

18 action for purpose of section 102 of the National En19 vironmental Policy Act of 1969 (42 U.S.C. 4332). 

20 ‘‘(7) NO LIMIT ON NUMBER OR LENGTH OF COR21 RIDORS.—Nothing in this subsection limits the num22 ber or physical dimensions of Corridors that the Sec23 retary may designate under this subsection. 

24 ‘‘(8) OTHER AUTHORITY NOT AFFECTED.—Noth25 ing in this subsection affects the authority of the Sec-
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1 retary to issue rights-of-way on Federal land that is 

2 not located in a Corridor designated under this sub3 section. 

4 ‘‘(9) NEPA CLARIFICATION.—All applications 

5 for rights-of-way for natural gas transmission facili6 ties across Corridors designated under this subsection 

7 shall be subject to the environmental protections out8 lined in subsection (h).’’. 

9 (b) APPLICATIONS RECEIVED BEFORE DESIGNATION

10 OF CORRIDORS.—Any application for a right-of-way under 

11 section 28 of the Mineral Leasing Act (30 U.S.C. 185) that 

12 is received by the Secretary of the Interior before designa13 tion of National Energy Security Corridors under the 

14 amendment made by subsection (a) of this section shall be 

15 reviewed and acted upon independently by the Secretary 

16 without regard to the process for such designation. 

17 (c) DEADLINE.—Within 2 years after the date of the 

18 enactment of this Act, the Secretary of the Interior shall 

19 designate at least 10 National Energy Security Corridors 

20 under the amendment made by subsection (a) in States re21 ferred to in section 368(b) of the Energy Policy Act of 2005 

22 (42 U.S.C. 15926(b)). 
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1 SEC. 1116. VEGETATION MANAGEMENT, FACILITY INSPEC2 TION, AND OPERATION AND MAINTENANCE 

3 ON FEDERAL LANDS CONTAINING ELECTRIC 

4 TRANSMISSION AND DISTRIBUTION FACILI5 TIES. 

6 (a) IN GENERAL.—Title V of the Federal Land Policy 

7 and Management Act of 1976 (43 U.S.C. 1761 et seq.) is 

8 amended by adding at the end the following new section: 

9 ‘‘SEC. 512. VEGETATION MANAGEMENT, FACILITY INSPEC10 TION, AND OPERATION AND MAINTENANCE 

11 RELATING TO ELECTRIC TRANSMISSION AND 

12 DISTRIBUTION FACILITY RIGHTS-OF-WAY. 

13 ‘‘(a) GENERAL DIRECTION.—In order to enhance the 

14 reliability of the electric grid and reduce the threat of 

15 wildfires to and from electric transmission and distribution 

16 rights-of-way and related facilities and adjacent property, 

17 the Secretary, with respect to public lands and other lands 

18 under the jurisdiction of the Secretary, and the Secretary 

19 of Agriculture, with respect to National Forest System 

20 lands, shall provide direction to ensure that all existing and 

21 future rights-of-way, however established (including by 

22 grant, special use authorization, and easement), for electric 

23 transmission and distribution facilities on such lands in24 clude provisions for utility vegetation management, facility 

25 inspection, and operation and maintenance activities that, 

26 while consistent with applicable law— 
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1 ‘‘(1) are developed in consultation with the hold2 er of the right-of-way; 

3 ‘‘(2) enable the owner or operator of an electric 

4 transmission and distribution facility to operate and 

5 maintain the facility in good working order and to 

6 comply with Federal, State, and local electric system 

7 reliability and fire safety requirements, including re8 liability standards established by the North American 

9 Electric Reliability Corporation and plans to meet 

10 such reliability standards; 

11 ‘‘(3) minimize the need for case-by-case or an12 nual approvals for— 

13 ‘‘(A) routine vegetation management, facil14 ity inspection, and operation and maintenance 

15 activities within existing electric transmission 

16 and distribution rights-of-way; and 

17 ‘‘(B) utility vegetation management activi18 ties that are necessary to control hazard trees 

19 within or adjacent to electric transmission and 

20 distribution rights-of-way; and 

21 ‘‘(4) when review is required, provide for expe22 dited review and approval of utility vegetation man23 agement, facility inspection, and operation and 

24 maintenance activities, especially activities requiring 
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1 prompt action to avoid an adverse impact on human 

2 safety or electric reliability to avoid fire hazards. 

3 ‘‘(b) VEGETATION MANAGEMENT, FACILITY INSPEC4 TION, AND OPERATION AND MAINTENANCE PLANS.— 

5 ‘‘(1) DEVELOPMENT AND SUBMISSION.—Con6 sistent with subsection (a), the Secretary and the Sec7 retary of Agriculture shall provide owners and opera8 tors of electric transmission and distribution facilities 

9 located on lands described in such subsection with the 

10 option to develop and submit a vegetation manage11 ment, facility inspection, and operation and mainte12 nance plan, that at each owner or operator’s discre13 tion may cover some or all of the owner or operator’s 

14 electric transmission and distribution rights-of-way 

15 on Federal lands, for approval to the Secretary with 

16 jurisdiction over the lands. A plan under this para17 graph shall enable the owner or operator of an electric 

18 transmission and distribution facility, at a min19 imum, to comply with applicable Federal, State, and 

20 local electric system reliability and fire safety require21 ments, as provided in subsection (a)(2). The Secre22 taries shall not have the authority to modify those re23 quirements. 

24 ‘‘(2) REVIEW AND APPROVAL PROCESS.—The 

25 Secretary and the Secretary of Agriculture shall joint-
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1 ly develop a consolidated and coordinated process for 

2 review and approval of— 

3 ‘‘(A) vegetation management, facility in4 spection, and operation and maintenance plans 

5 submitted under paragraph (1) that— 

6 ‘‘(i) assures prompt review and ap7 proval not to exceed 90 days; 

8 ‘‘(ii) includes timelines and bench9 marks for agency comments on submitted 

10 plans and final approval of such plans; 

11 ‘‘(iii) is consistent with applicable law; 

12 and 

13 ‘‘(iv) minimizes the costs of the process 

14 to the reviewing agency and the entity sub15 mitting the plans; and 

16 ‘‘(B) amendments to the plans in a prompt 

17 manner if changed conditions necessitate a modi18 fication to a plan. 

19 ‘‘(3) NOTIFICATION.—The review and approval 

20 process under paragraph (2) shall— 

21 ‘‘(A) include notification by the agency of 

22 any changed conditions that warrant a modi23 fication to a plan; 

24 ‘‘(B) provide an opportunity for the owner 

25 or operator to submit a proposed plan amend-
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1 ment to address directly the changed condition; 

2 and 

3 ‘‘(C) allow the owner or operator to con4 tinue to implement those elements of the ap5 proved plan that do not directly and adversely 

6 affect the condition precipitating the need for 

7 modification. 

8 ‘‘(4) CATEGORICAL EXCLUSION PROCESS.—The 

9 Secretary and the Secretary of Agriculture shall 

10 apply his or her categorical exclusion process under 

11 the National Environmental Policy Act of 1969 (42 

12 U.S.C. 4321 et seq.) to plans developed under this 

13 subsection on existing electric transmission and dis14 tribution rights-of-way under this subsection. 

15 ‘‘(5) IMPLEMENTATION.—A plan approved under 

16 this subsection shall become part of the authorization 

17 governing the covered right-of-way and hazard trees 

18 adjacent to the right-of-way. If a vegetation manage19 ment plan is proposed for an existing electric trans20 mission and distribution facility concurrent with the 

21 siting of a new electric transmission or distribution 

22 facility, necessary reviews shall be completed as part 

23 of the siting process or sooner. Once the plan is ap24 proved, the owner or operator shall provide the agency 

25 with only a notification of activities anticipated to be 
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1 undertaken in the coming year, a description of those 

2 activities, and certification that the activities are in 

3 accordance with the plan. 

4 ‘‘(c) RESPONSE TO EMERGENCY CONDITIONS.—If vege5 tation on Federal lands within, or hazard trees on Federal 

6 lands adjacent to, an electric transmission or distribution 

7 right-of-way granted by the Secretary or the Secretary of 

8 Agriculture has contacted or is in imminent danger of con9 tacting one or more electric transmission or distribution 

10 lines, the owner or operator of the electric transmission or 

11 distribution lines— 

12 ‘‘(1) may prune or remove the vegetation to 

13 avoid the disruption of electric service and risk of 

14 fire; and 

15 ‘‘(2) shall notify the appropriate local agent of 

16 the relevant Secretary not later than 24 hours after 

17 such removal. 

18 ‘‘(d) COMPLIANCE WITH APPLICABLE RELIABILITY

19 AND SAFETY STANDARDS.—If vegetation on Federal lands 

20 within or adjacent to an electric transmission or distribu21 tion right-of-way under the jurisdiction of each Secretary 

22 does not meet clearance requirements under standards es23 tablished by the North American Electric Reliability Cor24 poration, or by State and local authorities, and the Sec25 retary having jurisdiction over the lands has failed to act 
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1 to allow an electric transmission or distribution facility 

2 owner or operator to conduct vegetation management ac3 tivities within 3 business days after receiving a request to 

4 allow such activities, the owner or operator may, after noti5 fying the Secretary, conduct such vegetation management 

6 activities to meet those clearance requirements. 

7 ‘‘(e) REPORTING REQUIREMENT.—The Secretary or 

8 Secretary of Agriculture shall report requests and actions 

9 made under subsections (c) and (d) annually on each Sec10 retary’s website. 

11 ‘‘(f) LIABILITY.—An owner or operator of an electric 

12 transmission or distribution facility shall not be held liable 

13 for wildfire damage, loss, or injury, including the cost of 

14 fire suppression, if— 

15 ‘‘(1) the Secretary or the Secretary of Agri16 culture fails to allow the owner or operator to operate 

17 consistently with an approved vegetation manage18 ment, facility inspection, and operation and mainte19 nance plan on Federal lands under the relevant Sec20 retary’s jurisdiction within or adjacent to a right-of21 way to comply with Federal, State, or local electric 

22 system reliability and fire safety standards, including 

23 standards established by the North American Electric 

24 Reliability Corporation; or 
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1 ‘‘(2) the Secretary or the Secretary of Agri2 culture fails to allow the owner or operator of the elec3 tric transmission or distribution facility to perform 

4 appropriate vegetation management activities in re5 sponse to an identified hazard tree, or a tree in im6 minent danger of contacting the owner’s or operator’s 

7 electric transmission or distribution facility. 

8 ‘‘(g) TRAINING AND GUIDANCE.—In consultation with 

9 the electric utility industry, the Secretary and the Secretary 

10 of Agriculture are encouraged to develop a program to train 

11 personnel of the Department of the Interior and the Forest 

12 Service involved in vegetation management decisions relat13 ing to electric transmission and distribution facilities to en14 sure that such personnel— 

15 ‘‘(1) understand electric system reliability and 

16 fire safety requirements, including reliability stand17 ards established by the North American Electric Reli18 ability Corporation; 

19 ‘‘(2) assist owners and operators of electric 

20 transmission and distribution facilities to comply 

21 with applicable electric reliability and fire safety re22 quirements; and 

23 ‘‘(3) encourage and assist willing owners and op24 erators of electric transmission and distribution fa25 cilities to incorporate on a voluntary basis vegetation 
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1 management practices to enhance habitats and forage 

2 for pollinators and for other wildlife so long as the 

3 practices are compatible with the integrated vegeta4 tion management practices necessary for reliability 

5 and safety. 

6 ‘‘(h) IMPLEMENTATION.—The Secretary and the Sec7 retary of Agriculture shall— 

8 ‘‘(1) not later than one year after the date of the 

9 enactment of this section, propose regulations, or 

10 amended existing regulations, to implement this sec11 tion; and 

12 ‘‘(2) not later than two years after the date of the 

13 enactment of this section, finalize regulations, or 

14 amended existing regulations, to implement this sec15 tion. 

16 ‘‘(i) EXISTING VEGETATION MANAGEMENT, FACILITY

17 INSPECTION, AND OPERATION AND MAINTENANCE PLANS.— 

18 Nothing in this section requires an owner or operator to 

19 develop and submit a vegetation management, facility in20 spection, and operation and maintenance plan if one has 

21 already been approved by the Secretary or Secretary of Ag22 riculture before the date of the enactment of this section. 

23 ‘‘(j) DEFINITIONS.—In this section: 

24 ‘‘(1) HAZARD TREE.—The term ‘hazard tree’ 

25 means any tree inside the right-of-way or located out-
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1 side the right-of-way that has been found by the either 

2 the owner or operator of an electric transmission or 

3 distribution facility, or the Secretary or the Secretary 

4 of Agriculture, to be likely to fail and cause a high 

5 risk of injury, damage, or disruption within 10 feet 

6 of an electric power line or related structure if it fell. 

7 ‘‘(2) OWNER OR OPERATOR.—The terms ‘owner’ 

8 and ‘operator’ include contractors or other agents en9 gaged by the owner or operator of an electric trans10 mission and distribution facility. 

11 ‘‘(3) VEGETATION MANAGEMENT, FACILITY IN12 SPECTION, AND OPERATION AND MAINTENANCE

13 PLAN.—The term ‘vegetation management, facility in14 spection, and operation and maintenance plan’ 

15 means a plan that— 

16 ‘‘(A) is prepared by the owner or operator 

17 of one or more electric transmission or distribu18 tion facilities to cover one or more electric trans19 mission and distribution rights-of-way; and 

20 ‘‘(B) provides for the long-term, cost-effec21 tive, efficient, and timely management of facili22 ties and vegetation within the width of the right23 of-way and adjacent Federal lands to enhance 

24 electric reliability, promote public safety, and 

25 avoid fire hazards.’’. 
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1 (b) CLERICAL AMENDMENT.—The table of sections for 

2 the Federal Land Policy and Management Act of 1976 (43 

3 U.S.C. 1761 et seq.), is amended by inserting after the item 

4 relating to section 511 the following new item: 

‘‘Sec. 512. Vegetation management, facility inspection, and operation and maintenance relating to electric transmission and distribution facility 

rights-of-way.’’. 

5 Subtitle B—Hydropower Regulatory 

6 Modernization 

7 SEC. 1201. PROTECTION OF PRIVATE PROPERTY RIGHTS IN 

8 HYDROPOWER LICENSING. 

9 (a) LICENCES.—Section 4(e) of the Federal Power Act 

10 (16 U.S.C. 797(e)) is amended— 

11 (1) by striking ‘‘and’’ after ‘‘recreational oppor12 tunities,’’; and 

13 (2) by inserting ‘‘, and minimizing infringement 

14 on the useful exercise and enjoyment of property 

15 rights held by nonlicensees’’ after ‘‘aspects of environ16 mental quality’’. 

17 (b) PRIVATE LANDOWNERSHIP.—Section 10 of the 

18 Federal Power Act (16 U.S.C. 803) is amended— 

19 (1) in subsection (a)(1), by inserting ‘‘, includ20 ing minimizing infringement on the useful exercise 

21 and enjoyment of property rights held by non22 licensees’’ after ‘‘section 4(e)’’; and 

23 (2) by adding at the end the following: 
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1 ‘‘(k) PRIVATE LANDOWNERSHIP.—In developing any 

2 recreational resource within the project boundary, the li3 censee shall consider private landownership as a means to 

4 encourage and facilitate— 

5 ‘‘(1) private investment; and 

6 ‘‘(2) increased tourism and recreational use.’’. 

7 SEC. 1202. EXTENSION OF TIME FOR FERC PROJECT IN8 VOLVING W. KERR SCOTT DAM. 

9 (a) IN GENERAL.—Notwithstanding the time period 

10 specified in section 13 of the Federal Power Act (16 U.S.C. 

11 806) that would otherwise apply to the Federal Energy Reg12 ulatory Commission project numbered 12642, the Commis13 sion may, at the request of the licensee for the project, and 

14 after reasonable notice, in accordance with the good faith, 

15 due diligence, and public interest requirements of that sec16 tion and the Commission’s procedures under that section, 

17 extend the time period during which the licensee is required 

18 to commence the construction of the project for up to 3 con19 secutive 2-year periods from the date of the expiration of 

20 the extension originally issued by the Commission. 

21 (b) REINSTATEMENT OF EXPIRED LICENSE.—If the 

22 period required for commencement of construction of the 

23 project described in subsection (a) has expired prior to the 

24 date of the enactment of this Act, the Commission may rein25 state the license effective as of the date of its expiration and 
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1 the first extension authorized under subsection (a) shall take 

2 effect on the date of such expiration. 

3 SEC. 1203. HYDROPOWER LICENSING AND PROCESS IM4 PROVEMENTS. 

5 Part I of the Federal Power Act (16 U.S.C. 792 et seq.) 

6 is amended by adding at the end the following: 

7 ‘‘SEC. 34. HYDROPOWER LICENSING AND PROCESS IM8 PROVEMENTS. 

9 ‘‘(a) DEFINITION.—In this section, the term ‘Federal 

10 authorization’— 

11 ‘‘(1) means any authorization required under 

12 Federal law with respect to an application for a li13 cense, license amendment, or exemption under this 

14 part; and 

15 ‘‘(2) includes any permits, special use authoriza16 tions, certifications, opinions, or other approvals as 

17 may be required under Federal law to approve or im18 plement the license, license amendment, or exemption 

19 under this part. 

20 ‘‘(b) DESIGNATION AS LEAD AGENCY.— 

21 ‘‘(1) IN GENERAL.—The Commission shall act as 

22 the lead agency for the purposes of coordinating all 

23 applicable Federal authorizations and for the pur24 poses of complying with the National Environmental 

25 Policy Act of 1969 (42 U.S.C. 4321 et seq.). 
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1 ‘‘(2) OTHER AGENCIES AND INDIAN TRIBES.— 

2 ‘‘(A) IN GENERAL.—Each Federal, State, 

3 and local government agency and Indian tribe 

4 considering an aspect of an application for Fed5 eral authorization shall coordinate with the 

6 Commission and comply with the deadline estab7 lished in the schedule developed for the project in 

8 accordance with the rule issued by the Commis9 sion under subsection (c). 

10 ‘‘(B) IDENTIFICATION.—The Commission 

11 shall identify, as early as practicable after it is 

12 notified by the applicant of a project or facility 

13 requiring Commission action under this part, 

14 any Federal or State agency, local government, 

15 or Indian tribe that may consider an aspect of 

16 an application for a Federal authorization. 

17 ‘‘(C) NOTIFICATION.— 

18 ‘‘(i) IN GENERAL.—The Commission 

19 shall notify any agency and Indian tribe 

20 identified under subparagraph (B) of the 

21 opportunity to participate in the process of 

22 reviewing an aspect of an application for a 

23 Federal authorization. 

24 ‘‘(ii) DEADLINE.—Each agency and 

25 Indian tribe receiving a notice under clause 
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1 (i) shall submit a response acknowledging 

2 receipt of the notice to the Commission 

3 within 30 days of receipt of such notice and 

4 request. 

5 ‘‘(D) ISSUE IDENTIFICATION AND RESOLU6 TION.— 

7 ‘‘(i) IDENTIFICATION OF ISSUES.—Fed8 eral, State, and local government agencies 

9 and Indian tribes that may consider an as10 pect of an application for Federal author11 ization shall identify, as early as possible, 

12 and share with the Commission and the ap13 plicant, any issues of concern identified 

14 during the pendency of the Commission’s 

15 action under this part relating to any Fed16 eral authorization that may delay or pre17 vent the granting of such authorization, in18 cluding any issues that may prevent the 

19 agency or Indian tribe from meeting the 

20 schedule established for the project in ac21 cordance with the rule issued by the Com22 mission under subsection (c). 

23 ‘‘(ii) ISSUE RESOLUTION.—The Com24 mission may forward any issue of concern 

25 identified under clause (i) to the heads of 
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1 the relevant State and Federal agencies (in2 cluding, in the case of scheduling concerns 

3 identified by a State or local government 

4 agency or Indian tribe, the Federal agency 

5 overseeing the delegated authority, or the 

6 Secretary of the Interior with regard to 

7 scheduling concerns identified by an Indian 

8 tribe) for resolution. The Commission and 

9 any relevant agency shall enter into a 

10 memorandum of understanding to facilitate 

11 interagency coordination and resolution of 

12 such issues of concern, as appropriate. 

13 ‘‘(c) SCHEDULE.— 

14 ‘‘(1) COMMISSION RULEMAKING TO ESTABLISH

15 PROCESS TO SET SCHEDULE.—Within 180 days of the 

16 date of enactment of this section the Commission 

17 shall, in consultation with the appropriate Federal 

18 agencies, issue a rule, after providing for notice and 

19 public comment, establishing a process for setting a 

20 schedule following the filing of an application under 

21 this part for the review and disposition of each Fed22 eral authorization. 

23 ‘‘(2) ELEMENTS OF SCHEDULING RULE.—In 

24 issuing a rule under this subsection, the Commission 
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1 shall ensure that the schedule for each Federal author2 ization— 

3 ‘‘(A) includes deadlines for actions by— 

4 ‘‘(i) any Federal or State agency, local 

5 government, or Indian tribe that may con6 sider an aspect of an application for the 

7 Federal authorization; 

8 ‘‘(ii) the applicant; 

9 ‘‘(iii) the Commission; and 

10 ‘‘(iv) other participants in a pro11 ceeding; 

12 ‘‘(B) is developed in consultation with the 

13 applicant and any agency and Indian tribe that 

14 submits a response under subsection 

15 (b)(2)(C)(ii); 

16 ‘‘(C) provides an opportunity for any Fed17 eral or State agency, local government, or Indian 

18 tribe that may consider an aspect of an applica19 tion for the applicable Federal authorization to 

20 identify and resolve issues of concern, as pro21 vided in subsection (b)(2)(D); 

22 ‘‘(D) complies with applicable schedules es23 tablished under Federal and State law; 
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1 ‘‘(E) ensures expeditious completion of all 

2 proceedings required under Federal and State 

3 law, to the extent practicable; and 

4 ‘‘(F) facilitates completion of Federal and 

5 State agency studies, reviews, and any other pro6 cedures required prior to, or concurrent with, the 

7 preparation of the Commission’s environmental 

8 document required under the National Environ9 mental Policy Act of 1969 (42 U.S.C. 4321 et 

10 seq.). 

11 ‘‘(d) TRANSMISSION OF FINAL SCHEDULE.— 

12 ‘‘(1) IN GENERAL.—For each application for a 

13 license, license amendment, or exemption under this 

14 part, the Commission shall establish a schedule in ac15 cordance with the rule issued by the Commission 

16 under subsection (c). The Commission shall publicly 

17 notice and transmit the final schedule to the appli18 cant and each agency and Indian tribe identified 

19 under subsection (b)(2)(B). 

20 ‘‘(2) RESPONSE.—Each agency and Indian tribe 

21 receiving a schedule under this subsection shall ac22 knowledge receipt of such schedule in writing to the 

23 Commission within 30 days. 

24 ‘‘(e) ADHERENCE TO SCHEDULE.—All applicants, 

25 other licensing participants, and agencies and tribes con-
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1 sidering an aspect of an application for a Federal author2 ization shall meet the deadlines set forth in the schedule 

3 established pursuant to subsection (d)(1). 

4 ‘‘(f) APPLICATION PROCESSING.—The Commission, 

5 Federal, State, and local government agencies, and Indian 

6 tribes may allow an applicant seeking a Federal authoriza7 tion to fund a third-party contractor selected by such agen8 cy or tribe to assist in reviewing the application. All costs 

9 of an agency or tribe incurred pursuant to direct funding 

10 by the applicant, including all costs associated with the 

11 third party contractor, shall not be considered costs of the 

12 United States for the administration of this part under sec13 tion 10(e). 

14 ‘‘(g) COMMISSION RECOMMENDATION ON SCOPE OF

15 ENVIRONMENTAL REVIEW.—For the purposes of coordi16 nating Federal authorizations for each project, the Commis17 sion shall consult with and make a recommendation to 

18 agencies and Indian tribes receiving a schedule under sub19 section (d) on the scope of the environmental review for all 

20 Federal authorizations for such project. Each Federal and 

21 State agency and Indian tribe shall give due consideration 

22 and may give deference to the Commission’s recommenda23 tions, to the extent appropriate under Federal law. 

24 ‘‘(h) FAILURE TO MEET SCHEDULE.—A Federal, 

25 State, or local government agency or Indian tribe that an-
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1 ticipates that it will be unable to complete its disposition 

2 of a Federal authorization by the deadline set forth in the 

3 schedule established under subsection (d)(1) may file for an 

4 extension as provided under section 313(b)(2). 

5 ‘‘(i) CONSOLIDATED RECORD.—The Commission shall, 

6 with the cooperation of Federal, State, and local govern7 ment agencies and Indian tribes, maintain a complete con8 solidated record of all decisions made or actions taken by 

9 the Commission or by a Federal administrative agency or 

10 officer (or State or local government agency or officer or 

11 Indian tribe acting under delegated Federal authority) with 

12 respect to any Federal authorization. Such record shall con13 stitute the record for judicial review under section 313(b).’’. 

14 SEC. 1204. JUDICIAL REVIEW OF DELAYED FEDERAL AU15 THORIZATIONS. 

16 Section 313(b) of the Federal Power Act (16 U.S.C. 

17 825l(b)) is amended— 

18 (1) by striking ‘‘(b) Any party’’ and inserting 

19 the following: 

20 ‘‘(b) JUDICIAL REVIEW.— 

21 ‘‘(1) IN GENERAL.—Any party’’; and 

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

23 ‘‘(2) DELAY OF A FEDERAL AUTHORIZATION.— 

24 Any Federal, State, or local government agency or In25 dian tribe that will not complete its disposition of a 
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1 Federal authorization by the deadline set forth in the 

2 schedule by the Commission under section 34 may file 

3 for an extension in the United States court of appeals 

4 for any circuit wherein the project or proposed project 

5 is located, or in the United States Court of Appeals 

6 for the District of Columbia. Such petition shall be 

7 filed not later than 30 days prior to such deadline. 

8 The court shall only grant an extension if the agency 

9 or tribe demonstrates, based on the record maintained 

10 under section 34, that it otherwise complied with the 

11 requirements of section 34 and that complying with 

12 the schedule set by the Commission would have pre13 vented the agency or tribe from complying with ap14 plicable Federal or State law. If the court grants the 

15 extension, the court shall set a reasonable schedule 

16 and deadline, not to exceed 90 days, for the agency 

17 to act on remand. If the court denies the extension, 

18 or if an agency or tribe does not file for an extension 

19 as provided in this subsection and does not complete 

20 its disposition of a Federal authorization by the ap21 plicable deadline, the Commission and applicant may 

22 move forward with the proposed action.’’. 
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1 SEC. 1205. LICENSING STUDY IMPROVEMENTS. 

2 Part I of the Federal Power Act (16 U.S.C. 792 et 

3 seq.), as amended by section 1203, is further amended by 

4 adding at the end the following: 

5 ‘‘SEC. 35. LICENSING STUDY IMPROVEMENTS. 

6 ‘‘(a) IN GENERAL.—To facilitate the timely and effi7 cient completion of the license proceedings under this part, 

8 the Commission shall, in consultation with applicable Fed9 eral and State agencies and interested members of the pub10 lic— 

11 ‘‘(1) compile current and accepted best practices 

12 in performing studies required in such license pro13 ceedings, including methodologies and the design of 

14 studies to assess the full range of environmental im15 pacts of a project that reflect the most recent peer-re16 viewed science; 

17 ‘‘(2) compile a comprehensive collection of stud18 ies and data accessible to the public that could be 

19 used to inform license proceedings under this part; 

20 and 

21 ‘‘(3) encourage license applicants, agencies, and 

22 Indian tribes to develop and use, for the purpose of 

23 fostering timely and efficient consideration of license 

24 applications, a limited number of open-source meth25 odologies and tools applicable across a wide array of 
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1 projects, including water balance models and 

2 streamflow analyses. 

3 ‘‘(b) USE OF STUDIES.—To the extent practicable, the 

4 Commission and other Federal, State, and local government 

5 agencies and Indian tribes considering an aspect of an ap6 plication for Federal authorization shall use current, ac7 cepted science toward studies and data in support of their 

8 actions. Any participant in a proceeding with respect to 

9 a Federal authorization shall demonstrate a study requested 

10 by the party is not duplicative of current, existing studies 

11 that are applicable to the project. 

12 ‘‘(c) BASIN-WIDE OR REGIONAL REVIEW.—The Com13 mission shall establish a program to develop comprehensive 

14 plans, at the request of project applicants, on a regional 

15 or basin-wide scale, in consultation with the applicants, ap16 propriate Federal agencies, and affected States, local gov17 ernments, and Indian tribes, in basins or regions with re18 spect to which there are more than one project or applica19 tion for a project. Upon such a request, the Commission, 

20 in consultation with the applicants, such Federal agencies, 

21 and affected States, local governments, and Indian tribes, 

22 may conduct or commission regional or basin-wide environ23 mental studies, with the participation of at least 2 appli24 cants. Any study conducted under this subsection shall 
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1 apply only to a project with respect to which the applicant 

2 participates.’’. 

3 SEC. 1206. CLOSED-LOOP PUMPED STORAGE PROJECTS. 

4 Part I of the Federal Power Act (16 U.S.C. 792 et 

5 seq.), as amended by section 1205, is further amended by 

6 adding at the end the following: 

7 ‘‘SEC. 36. CLOSED-LOOP PUMPED STORAGE PROJECTS. 

8 ‘‘(a) DEFINITION.—For purposes of this section, a 

9 closed-loop pumped storage project is a project— 

10 ‘‘(1) in which the upper and lower reservoirs do 

11 not impound or directly withdraw water from navi12 gable waters; or 

13 ‘‘(2) that is not continuously connected to a nat14 urally flowing water feature. 

15 ‘‘(b) IN GENERAL.—As provided in this section, the 

16 Commission may issue and amend licenses and prelimi17 nary permits, as appropriate, for closed-loop pumped stor18 age projects. 

19 ‘‘(c) DAM SAFETY.—Before issuing any license for a 

20 closed-loop pumped storage project, the Commission shall 

21 assess the safety of existing dams and other structures re22 lated to the project (including possible consequences associ23 ated with failure of such structures). 

24 ‘‘(d) LICENSE CONDITIONS.—With respect to a closed25 loop pumped storage project, the authority of the Commis-
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1 sion to impose conditions on a license under sections 4(e), 

2 10(a), 10(g), and 10(j) shall not apply, and any condition 

3 included in or applicable to a closed-loop pumped storage 

4 project licensed under this section, including any condition 

5 or other requirement of a Federal authorization, shall be 

6 limited to those that are— 

7 ‘‘(1) necessary to protect public safety; or 

8 ‘‘(2) reasonable, economically feasible, and essen9 tial to prevent loss of or damage to, or to mitigate ad10 verse effects on, fish and wildlife resources directly 

11 caused by the construction and operation of the 

12 project, as compared to the environmental baseline ex13 isting at the time the Commission completes its envi14 ronmental review. 

15 ‘‘(e) TRANSFERS.—Notwithstanding section 5, and re16 gardless of whether the holder of a preliminary permit for 

17 a closed-loop pumped storage project claimed municipal 

18 preference under section 7(a) when obtaining the permit, 

19 the Commission may, to facilitate development of a closed20 loop pumped storage project— 

21 ‘‘(1) add entities as joint permittees following 

22 issuance of a preliminary permit; and 

23 ‘‘(2) transfer a license in part to one or more 

24 nonmunicipal entities as co-licensees with a munici25 pality.’’. 
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1 SEC. 1207. LICENSE AMENDMENT IMPROVEMENTS. 

2 Part I of the Federal Power Act (16 U.S.C. 792 et 

3 seq.), as amended by section 1206, is further amended by 

4 adding at the end the following: 

5 ‘‘SEC. 37. LICENSE AMENDMENT IMPROVEMENTS. 

6 ‘‘(a) QUALIFYING PROJECT UPGRADES.— 

7 ‘‘(1) IN GENERAL.—As provided in this section, 

8 the Commission may approve an application for an 

9 amendment to a license issued under this part for a 

10 qualifying project upgrade. 

11 ‘‘(2) APPLICATION.—A licensee filing an applica12 tion for an amendment to a project license under this 

13 section shall include in such application information 

14 sufficient to demonstrate that the proposed change to 

15 the project described in the application is a quali16 fying project upgrade. 

17 ‘‘(3) INITIAL DETERMINATION.—Not later than 

18 15 days after receipt of an application under para19 graph (2), the Commission shall make an initial de20 termination as to whether the proposed change to the 

21 project described in the application for a license 

22 amendment is a qualifying project upgrade. The 

23 Commission shall publish its initial determination 

24 and issue notice of the application filed under para25 graph (2). Such notice shall solicit public comment on 

26 the initial determination within 45 days. 
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1 ‘‘(4) PUBLIC COMMENT ON QUALIFYING CRI2 TERIA.—The Commission shall accept public com3 ment regarding whether a proposed license amend4 ment is for a qualifying project upgrade for a period 

5 of 45 days beginning on the date of publication of a 

6 public notice described in paragraph (3), and shall— 

7 ‘‘(A) if no entity contests whether the pro8 posed license amendment is for a qualifying 

9 project upgrade during such comment period, 

10 immediately publish a notice stating that the 

11 initial determination has not been contested; or 

12 ‘‘(B) if an entity contests whether the pro13 posed license amendment is for a qualifying 

14 project upgrade during the comment period, 

15 issue a written determination in accordance 

16 with paragraph (5). 

17 ‘‘(5) WRITTEN DETERMINATION.—If an entity 

18 contests whether the proposed license amendment is 

19 for a qualifying project upgrade during the comment 

20 period under paragraph (4), the Commission shall, 

21 not later than 30 days after the date of publication 

22 of the public notice of the initial determination under 

23 paragraph (3), issue a written determination as to 

24 whether the proposed license amendment is for a 

25 qualifying project upgrade. 
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1 ‘‘(6) PUBLIC COMMENT ON AMENDMENT APPLICA2 TION.—If no entity contests whether the proposed li3 cense amendment is for a qualifying project upgrade 

4 during the comment period under paragraph (4) or 

5 the Commission issues a written determination under 

6 paragraph (5) that a proposed license amendment is 

7 a qualifying project upgrade, the Commission shall— 

8 ‘‘(A) during the 60-day period beginning on 

9 the date of publication of a notice under para10 graph (4)(A) or the date on which the Commis11 sion issues the written determination under 

12 paragraph (5), as applicable, solicit comments 

13 from each Federal, State, and local government 

14 agency and Indian tribe considering an aspect of 

15 an application for Federal authorization (as de16 fined in section 34) with respect to the proposed 

17 license amendment, as well as other interested 

18 agencies, Indian tribes, and members of the pub19 lic; and 

20 ‘‘(B) during the 90-day period beginning on 

21 the date of publication of a notice under para22 graph (4)(A) or the date on which the Commis23 sion issues the written determination under 

24 paragraph (5), as applicable, consult with— 
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1 ‘‘(i) appropriate Federal agencies and 

2 the State agency exercising administrative 

3 control over the fish and wildlife resources, 

4 and water quality and supply, of the State 

5 in which the qualifying project upgrade is 

6 located; 

7 ‘‘(ii) any Federal department super8 vising any public lands or reservations oc9 cupied by the qualifying project upgrade; 

10 and 

11 ‘‘(iii) any Indian tribe affected by the 

12 qualifying project upgrade. 

13 ‘‘(7) FEDERAL AUTHORIZATIONS.—The schedule 

14 established by the Commission under section 34 for 

15 any project upgrade under this subsection shall re16 quire final disposition on all necessary Federal au17 thorizations (as defined in section 34), other than 

18 final action by the Commission, by not later than 120 

19 days after the date on which the Commission issues 

20 a notice under paragraph (4)(A) or a written deter21 mination under paragraph (5), as applicable. 

22 ‘‘(8) COMMISSION ACTION.—Not later than 150 

23 days after the date on which the Commission issues 

24 a notice under paragraph (4)(A) or a written deter25 mination under paragraph (5), as applicable, the 
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1 Commission shall take final action on the license 

2 amendment application. 

3 ‘‘(9) LICENSE AMENDMENT CONDITIONS.—Any 

4 condition included in or applicable to a license 

5 amendment approved under this subsection, including 

6 any condition or other requirement of a Federal au7 thorization, shall be limited to those that are— 

8 ‘‘(A) necessary to protect public safety; or 

9 ‘‘(B) reasonable, economically feasible, and 

10 essential to prevent loss of or damage to, or to 

11 mitigate adverse effects on, fish and wildlife re12 sources, water supply, and water quality that 

13 are directly caused by the construction and oper14 ation of the qualifying project upgrade, as com15 pared to the environmental baseline existing at 

16 the time the Commission approves the applica17 tion for the license amendment. 

18 ‘‘(10) PROPOSED LICENSE AMENDMENTS THAT

19 ARE NOT QUALIFYING PROJECT UPGRADES.—If the 

20 Commission determines under paragraph (3) or (5) 

21 that a proposed license amendment is not for a quali22 fying project upgrade, the procedures under para23 graphs (6) through (9) shall not apply to the applica24 tion. 
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1 ‘‘(11) RULEMAKING.—Not later than 180 days 

2 after the date of enactment of this section, the Com3 mission shall, after notice and opportunity for public 

4 comment, issue a rule to implement this subsection. 

5 ‘‘(12) DEFINITIONS.—For purposes of this sub6 section: 

7 ‘‘(A) QUALIFYING PROJECT UPGRADE.—The 

8 term ‘qualifying project upgrade’ means a 

9 change to a project licensed under this part that 

10 meets the qualifying criteria, as determined by 

11 the Commission. 

12 ‘‘(B) QUALIFYING CRITERIA.—The term 

13 ‘qualifying criteria’ means, with respect to a 

14 project license under this part, a change to the 

15 project that— 

16 ‘‘(i) if carried out, would be unlikely to 

17 adversely affect any species listed as threat18 ened or endangered under the Endangered 

19 Species Act of 1973 or result in the destruc20 tion or adverse modification of critical 

21 habitat, as determined in consultation with 

22 the Secretary of the Interior or Secretary of 

23 Commerce, as appropriate, in accordance 

24 with section 7 of the Endangered Species 

25 Act of 1973; 
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1 ‘‘(ii) is consistent with any applicable 

2 comprehensive plan under section 10(a)(2); 

3 ‘‘(iii) includes only changes to project 

4 lands, waters, or operations that, in the 

5 judgment of the Commission, would result 

6 in only insignificant or minimal cumu7 lative adverse environmental effects; 

8 ‘‘(iv) would be unlikely to adversely af9 fect water quality and water supply; and 

10 ‘‘(v) proposes to implement— 

11 ‘‘(I) capacity increases, efficiency 

12 improvements, or other enhancements 

13 to hydropower generation at the li14 censed project; 

15 ‘‘(II) environmental protection, 

16 mitigation, or enhancement measures 

17 to benefit fish and wildlife resources or 

18 other natural and cultural resources; 

19 or 

20 ‘‘(III) improvements to public 

21 recreation at the licensed project. 

22 ‘‘(b) AMENDMENT APPROVAL PROCESSES.— 

23 ‘‘(1) RULE.—Not later than 1 year after the date 

24 of enactment of this section, the Commission shall, 

25 after notice and opportunity for public comment, 
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1 issue a rule establishing new standards and proce2 dures for license amendment applications under this 

3 part. In issuing such rule, the Commission shall seek 

4 to develop the most efficient and expedient process, 

5 consultation, and review requirements, commensurate 

6 with the scope of different categories of proposed li7 cense amendments. Such rule shall account for dif8 ferences in environmental effects across a wide range 

9 of categories of license amendment applications. 

10 ‘‘(2) CAPACITY.—In issuing a rule under this 

11 subsection, the Commission shall take into consider12 ation that a change in generating or hydraulic capac13 ity may indicate the potential environmental effects 

14 of a proposed amendment but is not determinative of 

15 such effects. 

16 ‘‘(3) PROCESS OPTIONS.—In issuing a rule 

17 under this subsection, the Commission shall take into 

18 consideration the range of process options available 

19 under the Commission’s regulations for new and 

20 original license applications and adapt such options 

21 to amendment applications, where appropriate.’’. 
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1 SEC. 1208. PROMOTING HYDROPOWER DEVELOPMENT AT 

2 EXISTING NONPOWERED DAMS. 

3 Part I of the Federal Power Act (16 U.S.C. 792 et 

4 seq.), as amended by section 1207, is further amended by 

5 adding at the end the following: 

6 ‘‘SEC. 38. PROMOTING HYDROPOWER DEVELOPMENT AT EX7 ISTING NONPOWERED DAMS. 

8 ‘‘(a) EXEMPTIONS FOR QUALIFYING FACILITIES.— 

9 ‘‘(1) EXEMPTION QUALIFICATIONS.—Subject to 

10 the requirements of this subsection, the Commission 

11 may grant an exemption in whole or in part from the 

12 requirements of this part, including any license re13 quirements contained in this part, to any facility the 

14 Commission determines is a qualifying facility. 

15 ‘‘(2) CONSULTATION WITH FEDERAL AND STATE

16 AGENCIES.—In granting any exemption under this 

17 subsection, the Commission shall consult with— 

18 ‘‘(A) the United States Fish and Wildlife 

19 Service, the National Marine Fisheries Service, 

20 and the State agency exercising administrative 

21 control over the fish and wildlife resources of the 

22 State in which the facility will be located, in the 

23 manner provided by the Fish and Wildlife Co24 ordination Act; 
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1 ‘‘(B) any Federal department supervising 

2 any public lands or reservations occupied by the 

3 project; and 

4 ‘‘(C) any Indian tribe affected by the 

5 project. 

6 ‘‘(3) EXEMPTION CONDITIONS.— 

7 ‘‘(A) IN GENERAL.—The Commission shall 

8 include in any exemption granted under this 

9 subsection only such terms and conditions that 

10 the Commission determines are— 

11 ‘‘(i) necessary to protect public safety; 

12 or 

13 ‘‘(ii) reasonable, economically feasible, 

14 and essential to prevent loss of or damage 

15 to, or to mitigate adverse effects on, fish and 

16 wildlife resources directly caused by the con17 struction and operation of the qualifying fa18 cility, as compared to the environmental 

19 baseline existing at the time the Commis20 sion grants the exemption. 

21 ‘‘(B) NO CHANGES TO RELEASE REGIME.— 

22 No Federal authorization required with respect 

23 to a qualifying facility described in paragraph 

24 (1), including an exemption granted by the Com25 mission under this subsection, may include any 
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1 condition or other requirement that results in 

2 any material change to the storage, control, 

3 withdrawal, diversion, release, or flow operations 

4 of the associated qualifying nonpowered dam. 

5 ‘‘(4) ENVIRONMENTAL REVIEW.—The Commis6 sion’s environmental review under the National Envi7 ronmental Policy Act of 1969 of a proposed exemp8 tion under this subsection shall consist only of an en9 vironmental assessment, unless the Commission deter10 mines, by rule or order, that the Commission’s obliga11 tions under such Act for granting exemptions under 

12 this subsection can be met through a categorical exclu13 sion. 

14 ‘‘(5) VIOLATION OF TERMS OF EXEMPTION.—Any 

15 violation of a term or condition of any exemption 

16 granted under this subsection shall be treated as a 

17 violation of a rule or order of the Commission under 

18 this Act. 

19 ‘‘(6) ANNUAL CHARGES FOR ENHANCEMENT AC20 TIVITIES.—Exemptees under this subsection for any 

21 facility located at a non-Federal dam shall pay to the 

22 United States reasonable annual charges in an 

23 amount to be fixed by the Commission for the purpose 

24 of funding environmental enhancement projects in 

25 watersheds in which facilities exempted under this 
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1 subsection are located. Such annual charges shall be 

2 equivalent to the annual charges for use of a Govern3 ment dam under section 10(e), unless the Commission 

4 determines, by rule, that a lower charge is appro5 priate to protect exemptees’ investment in the project 

6 or avoid increasing the price to consumers of power 

7 due to such charges. The proceeds of charges made by 

8 the Commission under this paragraph shall be paid 

9 into the Treasury of the United States and credited 

10 to miscellaneous receipts. Subject to annual appro11 priation Acts, such proceeds shall be available to Fed12 eral and State fish and wildlife agencies for purposes 

13 of carrying out specific environmental enhancement 

14 projects in watersheds in which one or more facilities 

15 exempted under this subsection are located. Not later 

16 than 180 days after the date of enactment of this sec17 tion, the Commission shall establish rules, after notice 

18 and opportunity for public comment, for the collection 

19 and administration of annual charges under this 

20 paragraph. 

21 ‘‘(7) EFFECT OF JURISDICTION.—The jurisdic22 tion of the Commission over any qualifying facility 

23 exempted under this subsection shall extend only to 

24 the qualifying facility exempted and any associated 

25 primary transmission line, and shall not extend to 
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1 any conduit, dam, impoundment, shoreline or other 

2 land, or any other project work associated with the 

3 qualifying facility exempted under this subsection. 

4 ‘‘(b) DEFINITIONS.—For purposes of this section— 

5 ‘‘(1) FEDERAL AUTHORIZATION.—The term ‘Fed6 eral authorization’ has the same meaning as provided 

7 in section 34. 

8 ‘‘(2) QUALIFYING CRITERIA.—The term ‘quali9 fying criteria’ means, with respect to a facility— 

10 ‘‘(A) as of the date of enactment of this sec11 tion, the facility is not licensed under, or ex12 empted from the license requirements contained 

13 in, this part; 

14 ‘‘(B) the facility will be associated with a 

15 qualifying nonpowered dam; 

16 ‘‘(C) the facility will be constructed, oper17 ated, and maintained for the generation of elec18 tric power; 

19 ‘‘(D) the facility will use for such genera20 tion any withdrawals, diversions, releases, or 

21 flows from the associated qualifying nonpowered 

22 dam, including its associated impoundment or 

23 other infrastructure; and 

24 ‘‘(E) the operation of the facility will not 

25 result in any material change to the storage, con-
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1 trol, withdrawal, diversion, release, or flow oper2 ations of the associated qualifying nonpowered 

3 dam. 

4 ‘‘(3) QUALIFYING FACILITY.—The term ‘quali5 fying facility’ means a facility that is determined 

6 under this section to meet the qualifying criteria. 

7 ‘‘(4) QUALIFYING NONPOWERED DAM.—The term 

8 ‘qualifying nonpowered dam’ means any dam, dike, 

9 embankment, or other barrier— 

10 ‘‘(A) the construction of which was com11 pleted on or before the date of enactment of this 

12 section; 

13 ‘‘(B) that is operated for the control, release, 

14 or distribution of water for agricultural, munic15 ipal, navigational, industrial, commercial, envi16 ronmental, recreational, aesthetic, or flood con17 trol purposes; 

18 ‘‘(C) that, as of the date of enactment of this 

19 section, is not equipped with hydropower gener20 ating works that are licensed under, or exempted 

21 from the license requirements contained in, this 

22 part; and 

23 ‘‘(D) that, in the case of a non-Federal 

24 dam, has been certified by an independent con25 sultant approved by the Commission as com-
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1 plying with the Commission’s dam safety re2 quirements.’’. 

3 TITLE II—ENERGY SECURITY 

4 AND DIPLOMACY 

5 SEC. 2001. SENSE OF CONGRESS. 

6 Congress finds the following: 

7 (1) North America’s energy revolution has sig8 nificantly enhanced energy security in the United 

9 States, and fundamentally changed the Nation’s en10 ergy future from that of scarcity to abundance. 

11 (2) North America’s energy abundance has in12 creased global energy supplies and reduced the price 

13 of energy for consumers in the United States and 

14 abroad. 

15 (3) Allies and trading partners of the United 

16 States, including in Europe and Asia, are seeking 

17 stable and affordable energy supplies from North 

18 America to enhance their energy security. 

19 (4) The United States has an opportunity to im20 prove its energy security and promote greater sta21 bility and affordability of energy supplies for its al22 lies and trading partners through a more integrated, 

23 secure, and competitive North American energy sys24 tem. 
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1 (5) The United States also has an opportunity 

2 to promote such objectives by supporting the free flow 

3 of energy commodities and more open, transparent, 

4 and competitive global energy markets, and through 

5 greater Federal agency coordination relating to regu6 lations or agency actions that significantly affect the 

7 supply, distribution, or use of energy. 

8 SEC. 2002. ENERGY SECURITY VALUATION. 

9 (a) ESTABLISHMENT OF ENERGY SECURITY VALU10 ATION METHODS.—Not later than 1 year after the date of 

11 enactment of this Act, the Secretary of Energy, in collabora12 tion with the Secretary of State, shall develop and transmit, 

13 after public notice and comment, to the Committee on En14 ergy and Commerce, the Committee on Science, Space, and 

15 Technology, and the Committee on Foreign Affairs of the 

16 House of Representatives and the Committee on Energy and 

17 Natural Resources, the Committee on Commerce, Science, 

18 and Transportation, and the Committee on Foreign Rela19 tions of the Senate a report that develops recommended 

20 United States energy security valuation methods. In devel21 oping the report, the Secretaries may consider the rec22 ommendations of the Administration’s Quadrennial Energy 

23 Review released on April 21, 2015. The report shall— 

24 (1) evaluate and define United States energy se25 curity to reflect modern domestic and global energy 
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1 markets and the collective needs of the United States 

2 and its allies and partners; 

3 (2) identify transparent and uniform or coordi4 nated procedures and criteria to ensure that energy5 related actions that significantly affect the supply, 

6 distribution, transportation, or use of energy are eval7 uated with respect to their potential impact on energy 

8 security, including their impact on— 

9 (A) consumers and the economy; 

10 (B) energy supply diversity and resiliency; 

11 (C) well-functioning and competitive energy 

12 markets; 

13 (D) United States trade balance; and 

14 (E) national security objectives; and 

15 (3) include a recommended implementation 

16 strategy that identifies and aims to ensure that the 

17 procedures and criteria referred to in paragraph (2) 

18 are— 

19 (A) evaluated consistently across the Fed20 eral Government; and 

21 (B) weighed appropriately and balanced 

22 with environmental considerations required by 

23 Federal law. 

24 (b) PARTICIPATION.—In developing the report referred 

25 to in subsection (a), the Secretaries may consult with rel-
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1 evant Federal, State, private sector, and international par2 ticipants, as appropriate and consistent with applicable 

3 law. 

4 SEC. 2003. NORTH AMERICAN ENERGY SECURITY PLAN. 

5 (a) REQUIREMENT.—Not later than 1 year after the 

6 date of enactment of this Act, the Secretary of Energy, in 

7 collaboration with the Secretary of State, shall develop and 

8 transmit to the Committee on Energy and Commerce and 

9 the Committee on Foreign Affairs of the House of Represent10 atives and the Committee on Energy and Natural Resources 

11 and the Committee on Foreign Relations of the Senate the 

12 plan described in subsection (b). 

13 (b) PURPOSE.—The plan referred to in subsection (a) 

14 shall include— 

15 (1) a recommended framework and implementa16 tion strategy to— 

17 (A) improve planning and coordination 

18 with Canada and Mexico to enhance energy inte19 gration, strengthen North American energy secu20 rity, and promote efficiencies in the exploration, 

21 production, storage, supply, distribution, mar22 keting, pricing, and regulation of North Amer23 ican energy resources; and 

24 (B) address— 
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1 (i) North American energy public data, 

2 statistics, and mapping collaboration; 

3 (ii) responsible and sustainable best 

4 practices for the development of unconven5 tional oil and natural gas; and 

6 (iii) modern, resilient energy infra7 structure for North America, including 

8 physical infrastructure as well as institu9 tional infrastructure such as policies, regu10 lations, and practices relating to energy de11 velopment; and 

12 (2) a recommended framework and implementa13 tion strategy to improve collaboration with Caribbean 

14 and Central American partners on energy security, 

15 including actions to support— 

16 (A) more open, transparent, and competi17 tive energy markets; 

18 (B) regulatory capacity building; 

19 (C) improvements to energy transmission 

20 and storage; and 

21 (D) improvements to the performance of en22 ergy infrastructure and efficiency. 

23 (c) PARTICIPATION.—In developing the plan referred 

24 to in subsection (a), the Secretaries may consult with other 
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1 Federal, State, private sector, and international partici2 pants, as appropriate and consistent with applicable law. 

3 SEC. 2004. COLLECTIVE ENERGY SECURITY. 

4 (a) IN GENERAL.—The Secretary of Energy and the 

5 Secretary of State shall collaborate to strengthen domestic 

6 energy security and the energy security of the allies and 

7 trading partners of the United States, including through 

8 actions that support or facilitate— 

9 (1) energy diplomacy; 

10 (2) the delivery of United States assistance, in11 cluding energy resources and technologies, to prevent 

12 or mitigate an energy security crisis; 

13 (3) the development of environmentally and com14 mercially sustainable energy resources; 

15 (4) open, transparent, and competitive energy 

16 markets; and 

17 (5) regulatory capacity building. 

18 (b) ENERGY SECURITY FORUMS.—Not later than 1 

19 year after the date of enactment of this Act, the Secretary 

20 of Energy, in collaboration with the Secretary of State, 

21 shall convene not less than 2 forums to promote the collec22 tive energy security of the United States and its allies and 

23 trading partners. The forums shall include participation by 

24 the Secretary of Energy and the Secretary of State. In addi25 tion, an invitation shall be extended to— 
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1 (1) appropriate representatives of foreign govern2 ments that are allies or trading partners of the 

3 United States; and 

4 (2) independent experts and industry representa5 tives. 

6 (c) REQUIREMENTS.—The forums shall— 

7 (1) consist of at least 1 Trans-Atlantic and 1 

8 Trans-Pacific energy security forum; 

9 (2) be designed to foster dialogue among govern10 ment officials, independent experts, and industry rep11 resentatives regarding— 

12 (A) the current state of global energy mar13 kets; 

14 (B) trade and investment issues relevant to 

15 energy; and 

16 (C) barriers to more open, competitive, and 

17 transparent energy markets; and 

18 (3) be recorded and made publicly available on 

19 the Department of Energy’s website, including, not 

20 later than 30 days after each forum, publication on 

21 the website any significant outcomes. 

22 (d) NOTIFICATION.—At least 30 days before each of the 

23 forums referred to in subsection (b), the Secretary of Energy 

24 shall send a notification regarding the forum to— 
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1 (1) the chair and the ranking minority member 

2 of the Committee on Energy and Commerce and the 

3 Committee on Foreign Affairs of the House of Rep4 resentatives; and 

5 (2) the chair and ranking minority member of 

6 the Committee on Energy and Natural Resources and 

7 the Committee on Foreign Relations of the Senate. 

8 SEC. 2005. AUTHORIZATION TO EXPORT NATURAL GAS. 

9 (a) DECISION DEADLINE.—For proposals that must 

10 also obtain authorization from the Federal Energy Regu11 latory Commission or the United States Maritime Adminis12 tration to site, construct, expand, or operate LNG export 

13 facilities, the Department of Energy shall issue a final deci14 sion on any application for the authorization to export nat15 ural gas under section 3 of the Natural Gas Act (15 U.S.C. 

16 717b) not later than 30 days after the later of— 

17 (1) the conclusion of the review to site, construct, 

18 expand, or operate the LNG facilities required by the 

19 National Environmental Policy Act of 1969 (42 

20 U.S.C. 4321 et seq.); or 

21 (2) the date of enactment of this Act. 

22 (b) CONCLUSION OF REVIEW.—For purposes of sub23 section (a), review required by the National Environmental 

24 Policy Act of 1969 shall be considered concluded— 
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1 (1) for a project requiring an Environmental 

2 Impact Statement, 30 days after publication of a 

3 Final Environmental Impact Statement; 

4 (2) for a project for which an Environmental As5 sessment has been prepared, 30 days after publication 

6 by the Department of Energy of a Finding of No Sig7 nificant Impact; and 

8 (3) upon a determination by the lead agency 

9 that an application is eligible for a categorical exclu10 sion pursuant to National Environmental Policy Act 

11 of 1969 implementing regulations. 

12 (c) PUBLIC DISCLOSURE OF EXPORT DESTINA13 TIONS.—Section 3 of the Natural Gas Act (15 U.S.C. 717b) 

14 is amended by adding at the end the following: 

15 ‘‘(g) PUBLIC DISCLOSURE OF LNG EXPORT DESTINA16 TIONS.—As a condition for approval of any authorization 

17 to export LNG, the Secretary of Energy shall require the 

18 applicant to publicly disclose the specific destination or des19 tinations of any such authorized LNG exports.’’. 

20 SEC. 2006. ENVIRONMENTAL REVIEW FOR ENERGY EXPORT 

21 FACILITIES. 

22 Notwithstanding any other provision of law, including 

23 any other provision of this Act and any amendment made 

24 by this Act, to the extent that the National Environmental 

25 Policy Act of 1969 (42 U.S.C. 4321 et seq.) applies to the 
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1 issuance of a permit for the construction, operation, or 

2 maintenance of a facility for the export of bulk commodities, 

3 no such permit may be denied until each applicable Federal 

4 agency has completed all reviews required for the facility 

5 under such Act. 

6 SEC. 2007. AUTHORIZATION OF CROSS-BORDER INFRA7 STRUCTURE PROJECTS. 

8 (a) FINDING.—Congress finds that the United States 

9 should establish a more uniform, transparent, and modern 

10 process for the construction, connection, operation, and 

11 maintenance of pipelines and electric transmission facili12 ties for the import and export of liquid products, including 

13 water and petroleum, and natural gas and the transmission 

14 of electricity to and from Canada and Mexico. 

15 (b) AUTHORIZATION OF CERTAIN INFRASTRUCTURE

16 PROJECTS AT THE NATIONAL BOUNDARY OF THE UNITED

17 STATES.— 

18 (1) REQUIREMENT.—No person may construct, 

19 connect, operate, or maintain a cross-border segment 

20 of a pipeline or electric transmission facility for the 

21 import or export of liquid products or natural gas, or 

22 the transmission of electricity, to or from Canada or 

23 Mexico without obtaining a certificate of crossing for 

24 such construction, connection, operation, or mainte25 nance under this subsection. 
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1 (2) CERTIFICATE OF CROSSING.— 

2 (A) ISSUANCE.— 

3 (i) IN GENERAL.—Not later than 120 

4 days after final action is taken under the 

5 National Environmental Policy Act of 1969 

6 (42 U.S.C. 4321 et seq.) with respect to a 

7 cross-border segment described in paragraph 

8 (1), the relevant official identified under 

9 subparagraph (B), in consultation with ap10 propriate Federal agencies, shall issue a 

11 certificate of crossing for the cross-border 

12 segment unless the relevant official finds 

13 that the construction, connection, operation, 

14 or maintenance of the cross-border segment 

15 is not in the public interest of the United 

16 States. 

17 (ii) NATURAL GAS.—For the purposes 

18 of natural gas pipelines, a finding with re19 spect to the public interest under section 

20 3(a) of the Natural Gas Act (15 U.S.C. 

21 717b(a)) shall serve as a finding under 

22 clause (i) of this subparagraph. 

23 (B) RELEVANT OFFICIAL.—The relevant of24 ficial referred to in subparagraph (A) is— 
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1 (i) the Secretary of State with respect 

2 to liquid pipelines; 

3 (ii) the Federal Energy Regulatory 

4 Commission with respect to natural gas 

5 pipelines; and 

6 (iii) the Secretary of Energy with re7 spect to electric transmission facilities. 

8 (C) ADDITIONAL REQUIREMENT FOR ELEC9 TRIC TRANSMISSION FACILITIES.—The Secretary 

10 of Energy shall require, as a condition of issuing 

11 a certificate of crossing for an electric trans12 mission facility, that the cross-border segment be 

13 constructed, connected, operated, or maintained 

14 consistent with all applicable policies and stand15 ards of— 

16 (i) the Electric Reliability Organiza17 tion and the applicable regional entity; and 

18 (ii) any Regional Transmission Orga19 nization or Independent System Operator 

20 with operational or functional control over 

21 the cross-border segment of the electric 

22 transmission facility. 

23 (3) MODIFICATIONS TO EXISTING PROJECTS.—No 

24 certificate of crossing shall be required under this sub25 section for a change in ownership, volume expansion, 
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1 downstream or upstream interconnection, or adjust2 ment to maintain flow (such as a reduction or in3 crease in the number of pump or compressor stations) 

4 with respect to a liquid or natural gas pipeline or 

5 electric transmission facility unless such modification 

6 would result in a significant impact at the national 

7 boundary. 

8 (4) EFFECT OF OTHER LAWS.—Nothing in this 

9 subsection shall affect the application of any other 

10 Federal statute (including the Natural Gas Act and 

11 the Energy Policy and Conservation Act) to a project 

12 for which a certificate of crossing is sought under this 

13 subsection. 

14 (c) IMPORTATION OR EXPORTATION OF NATURAL GAS

15 TO CANADA AND MEXICO.—Section 3(c) of the Natural Gas 

16 Act (15 U.S.C. 717b(c)) is amended by adding at the end 

17 the following: ‘‘In the case of an application for the impor18 tation or exportation of natural gas to or from Canada or 

19 Mexico, the Commission shall grant the application not 

20 later than 30 days after the date of receipt of the complete 

21 application.’’. 

22 (d) TRANSMISSION OF ELECTRIC ENERGY TO CANADA

23 AND MEXICO.— 
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1 (1) REPEAL OF REQUIREMENT TO SECURE

2 ORDER.—Section 202(e) of the Federal Power Act (16 

3 U.S.C. 824a(e)) is repealed. 

4 (2) CONFORMING AMENDMENTS.— 

5 (A) STATE REGULATIONS.—Section 202(f) 

6 of the Federal Power Act (16 U.S.C. 824a(f)) is 

7 amended by striking ‘‘insofar as such State regu8 lation does not conflict with the exercise of the 

9 Commission’s powers under or relating to sub10 section 202(e)’’. 

11 (B) SEASONAL DIVERSITY ELECTRICITY EX12 CHANGE.—Section 602(b) of the Public Utility 

13 Regulatory Policies Act of 1978 (16 U.S.C. 

14 824a–4(b)) is amended by striking ‘‘the Commis15 sion has conducted hearings and made the find16 ings required under section 202(e) of the Federal 

17 Power Act’’ and all that follows through the pe18 riod at the end and inserting ‘‘the Secretary has 

19 conducted hearings and finds that the proposed 

20 transmission facilities would not impair the suf21 ficiency of electric supply within the United 

22 States or would not impede or tend to impede 

23 the coordination in the public interest of facili24 ties subject to the jurisdiction of the Secretary’’. 

25 (e) EFFECTIVE DATE; RULEMAKING DEADLINES.— 
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1 (1) EFFECTIVE DATE.—Subsections (b) through 

2 (d), and the amendments made by such subsections, 

3 shall take effect on January 20, 2017. 

4 (2) RULEMAKING DEADLINES.—Each relevant of5 ficial described in subsection (b)(2)(B) shall— 

6 (A) not later than 180 days after the date 

7 of enactment of this Act, publish in the Federal 

8 Register notice of a proposed rulemaking to 

9 carry out the applicable requirements of sub10 section (b); and 

11 (B) not later than 1 year after the date of 

12 enactment of this Act, publish in the Federal 

13 Register a final rule to carry out the applicable 

14 requirements of subsection (b). 

15 (f) DEFINITIONS.—In this section— 

16 (1) the term ‘‘cross-border segment’’ means the 

17 portion of a liquid or natural gas pipeline or electric 

18 transmission facility that is located at the national 

19 boundary of the United States with either Canada or 

20 Mexico; 

21 (2) the terms ‘‘Electric Reliability Organization’’ 

22 and ‘‘regional entity’’ have the meanings given those 

23 terms in section 215 of the Federal Power Act (16 

24 U.S.C. 824o); 
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1 (3) the terms ‘‘Independent System Operator’’ 

2 and ‘‘Regional Transmission Organization’’ have the 

3 meanings given those terms in section 3 of the Federal 

4 Power Act (16 U.S.C. 796); 

5 (4) the term ‘‘liquid’’ includes water, petroleum, 

6 petroleum product, and any other substance that flows 

7 through a pipeline other than natural gas; and 

8 (5) the term ‘‘natural gas’’ has the meaning 

9 given that term in section 2 of the Natural Gas Act 

10 (15 U.S.C. 717a). 

11 SEC. 2008. REPORT ON SMART METER SECURITY CON12 CERNS. 

13 Not later than 1 year after the date of enactment of 

14 this Act, the Secretary of Energy shall transmit to Congress 

15 a report on the weaknesses in currently available smart me16 ters’ security architecture and features, including an ab17 sence of event logging, as described in the Government Ac18 countability Office testimony entitled ‘‘Critical Infrastruc19 ture Protection: Cybersecurity of the Nation’s Electricity 

20 Grid Requires Continued Attention’’ on October 21, 2015. 
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1 TITLE III—ENERGY EFFICIENCY 

2 AND ACCOUNTABILITY 

3 Subtitle A—Energy Efficiency 

4 CHAPTER 1—FEDERAL AGENCY ENERGY 

5 EFFICIENCY 

6 SEC. 3111. ENERGY-EFFICIENT AND ENERGY-SAVING INFOR7 MATION TECHNOLOGIES. 

8 (a) AMENDMENT.—Subtitle C of title V of the Energy 

9 Independence and Security Act of 2007 (Public Law 110– 

10 140; 121 Stat. 1661) is amended by adding at the end the 

11 following: 

12 ‘‘SEC. 530. ENERGY-EFFICIENT AND ENERGY-SAVING INFOR13 MATION TECHNOLOGIES. 

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

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

16 Director of the Office of Management and Budget. 

17 ‘‘(2) INFORMATION TECHNOLOGY.—The term ‘in18 formation technology’ has the meaning given that 

19 term in section 11101 of title 40, United States Code. 

20 ‘‘(b) DEVELOPMENT OF IMPLEMENTATION STRAT21 EGY.—Not later than 1 year after the date of enactment 

22 of this section, each Federal agency shall coordinate with 

23 the Director, the Secretary, and the Administrator of the 

24 Environmental Protection Agency to develop an implemen25 tation strategy (that includes best practices and measure-
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1 ment and verification techniques) for the maintenance, pur2 chase, and use by the Federal agency of energy-efficient and 

3 energy-saving information technologies, taking into consid4 eration the performance goals established under subsection 

5 (d). 

6 ‘‘(c) ADMINISTRATION.—In developing an implementa7 tion strategy under subsection (b), each Federal agency 

8 shall consider— 

9 ‘‘(1) advanced metering infrastructure; 

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

11 methods of increasing asset and infrastructure utili12 zation; 

13 ‘‘(3) advanced power management tools; 

14 ‘‘(4) building information modeling, including 

15 building energy management; 

16 ‘‘(5) secure telework and travel substitution tools; 

17 and 

18 ‘‘(6) mechanisms to ensure that the agency real19 izes the energy cost savings brought about through in20 creased efficiency and utilization. 

21 ‘‘(d) PERFORMANCE GOALS.— 

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

23 after the date of enactment of this section, the Direc24 tor, in consultation with the Secretary, shall establish 

25 performance goals for evaluating the efforts of Federal 
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1 agencies in improving the maintenance, purchase, 

2 and use of energy-efficient and energy-saving infor3 mation technology. 

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

5 Officers Council established under section 3603 of title 

6 44, United States Code, shall recommend best prac7 tices for the attainment of the performance goals, 

8 which shall include Federal agency consideration of, 

9 to the extent applicable by law, the use of— 

10 ‘‘(A) energy savings performance con11 tracting; and 

12 ‘‘(B) utility energy services contracting. 

13 ‘‘(e) REPORTS.— 

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

15 shall include in the report of the agency under section 

16 527 a description of the efforts and results of the 

17 agency under this section. 

18 ‘‘(2) OMB GOVERNMENT EFFICIENCY REPORTS

19 AND SCORECARDS.—Effective beginning not later 

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

21 annual report and scorecard of the Director required 

22 under section 528 a description of the efforts and re23 sults of Federal agencies under this section.’’. 

24 (b) CONFORMING AMENDMENT.—The table of contents 

25 for the Energy Independence and Security Act of 2007 is 
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1 amended by adding after the item relating to section 529 

2 the following: 

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

3 SEC. 3112. ENERGY EFFICIENT DATA CENTERS. 

4 Section 453 of the Energy Independence and Security 

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

6 (1) in subsection (b)(2)(D)(iv), by striking ‘‘de7 termined by the organization’’ and inserting ‘‘pro8 posed by the stakeholders’’; 

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

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

11 inserting the following: 

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

13 and the Administrator shall carry out subsection (b) in col14 laboration with the information technology industry and 

15 other key stakeholders, with the goal of producing results 

16 that accurately reflect the most relevant and useful informa17 tion available. In such collaboration, the Secretary and the 

18 Administrator shall pay particular attention to organiza19 tions that— 

20 ‘‘(1) have members with expertise in energy effi21 ciency and in the development, operation, and 

22 functionality of data centers, information technology 

23 equipment, and software, such as representatives of 

24 hardware manufacturers, data center operators, and 

25 facility managers; 
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1 ‘‘(2) obtain and address input from Department 

2 of Energy National Laboratories or any college, uni3 versity, research institution, industry association, 

4 company, or public interest group with applicable ex5 pertise; 

6 ‘‘(3) follow— 

7 ‘‘(A) commonly accepted procedures for the 

8 development of specifications; and 

9 ‘‘(B) accredited standards development 

10 processes; and 

11 ‘‘(4) have a mission to promote energy efficiency 

12 for data centers and information technology. 

13 ‘‘(d) MEASUREMENTS AND SPECIFICATIONS.—The Sec14 retary and the Administrator shall consider and assess the 

15 adequacy of the specifications, measurements, best practices, 

16 and benchmarks described in subsection (b) for use by the 

17 Federal Energy Management Program, the Energy Star 

18 Program, and other efficiency programs of the Department 

19 of Energy or the Environmental Protection Agency. 

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

21 Administrator, shall, not later than 18 months after the 

22 date of enactment of the North American Energy Security 

23 and Infrastructure Act of 2016, make available to the public 

24 an update to the Report to Congress on Server and Data 

25 Center Energy Efficiency published on August 2, 2007, 
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1 under section 1 of Public Law 109–431 (120 Stat. 2920), 

2 that provides— 

3 ‘‘(1) a comparison and gap analysis of the esti4 mates and projections contained in the original report 

5 with new data regarding the period from 2008 

6 through 2015; 

7 ‘‘(2) an analysis considering the impact of infor8 mation technologies, including virtualization and 

9 cloud computing, in the public and private sectors; 

10 ‘‘(3) an evaluation of the impact of the combina11 tion of cloud platforms, mobile devices, social media, 

12 and big data on data center energy usage; 

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

15 water usage; and 

16 ‘‘(5) updated projections and recommendations 

17 for best practices through fiscal year 2020. 

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

21 Budget, shall maintain a data center energy practitioner 

22 program that leads to the certification of energy practi23 tioners qualified to evaluate the energy usage and efficiency 

24 opportunities in Federal data centers. Each Federal agency 

25 shall consider having the data centers of the agency evalu-
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1 ated every 4 years, in accordance with section 543(f) of the 

2 National Energy Conservation Policy Act (42 U.S.C. 8253), 

3 by energy practitioners certified pursuant to such program. 

4 ‘‘(g) OPEN DATA INITIATIVE.—The Secretary, in col5 laboration with key stakeholders and the Director of the Of6 fice of Management and Budget, shall establish an open 

7 data initiative for Federal data center energy usage data, 

8 with the purpose of making such data available and acces9 sible in a manner that encourages further data center inno10 vation, optimization, and consolidation. In establishing the 

11 initiative, the Secretary shall consider the use of the online 

12 Data Center Maturity Model. 

13 ‘‘(h) INTERNATIONAL SPECIFICATIONS AND

14 METRICS.—The Secretary, in collaboration with key stake15 holders, shall actively participate in efforts to harmonize 

16 global specifications and metrics for data center energy and 

17 water efficiency. 

18 ‘‘(i) DATA CENTER UTILIZATION METRIC.—The Sec19 retary, in collaboration with key stakeholders, shall facili20 tate the development of an efficiency metric that measures 

21 the energy efficiency of a data center (including equipment 

22 and facilities). 

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

24 The Secretary and the Administrator shall not disclose any 

25 proprietary information or trade secrets provided by any 
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1 individual or company for the purposes of carrying out this 

2 section or the programs and initiatives established under 

3 this section.’’. 

4 SEC. 3113. REPORT ON ENERGY AND WATER SAVINGS PO5 TENTIAL FROM THERMAL INSULATION. 

6 (a) REPORT.—Not later than 1 year after the date of 

7 enactment of this Act, the Secretary of Energy, in consulta8 tion with appropriate Federal agencies and relevant stake9 holders, shall submit to the Committee on Energy and Nat10 ural Resources of the Senate and the Committee on Energy 

11 and Commerce of the House of Representatives a report on 

12 the impact of thermal insulation on both energy and water 

13 use systems for potable hot and chilled water in Federal 

14 buildings, and the return on investment of installing such 

15 insulation. 

16 (b) CONTENTS.—The report shall include— 

17 (1) an analysis based on the cost of municipal 

18 or regional water for delivered water and the avoided 

19 cost of new water; and 

20 (2) a summary of energy and water savings, in21 cluding short-term and long-term (20 years) projec22 tions of such savings. 

23 SEC. 3114. BATTERY STORAGE REPORT. 

24 Not later than 1 year after the date of enactment of 

25 this Act, the Comptroller General shall transmit to Congress 
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1 a report on the potential of battery energy storage that an2 swers the following questions: 

3 (1) How do existing Federal standards impact 

4 the development and deployment of battery storage 

5 systems? 

6 (2) What are the benefits of using existing bat7 tery storage technology, and what challenges exist to 

8 their widespread use? What are some examples of ex9 isting battery storage projects providing these bene10 fits? 

11 (3) What potential impact could large-scale bat12 tery storage and behind-the-meter battery storage have 

13 on renewable energy utilization? 

14 (4) What is the potential of battery technology 

15 for grid-scale use nationwide? What is the potential 

16 impact of battery technology on the national grid ca17 pabilities? 

18 (5) How much economic activity associated with 

19 large-scale and behind-the-meter battery storage tech20 nology is located in the United States? How many 

21 jobs do these industries account for? 

22 (6) What policies other than the Renewable En23 ergy Investment Tax Credit have research and avail24 able data shown to promote renewable energy use and 
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1 storage technology deployment by State and local gov2 ernments or private end-users? 

3 SEC. 3115. FEDERAL PURCHASE REQUIREMENT. 

4 (a) DEFINITIONS.—Section 203(b) of the Energy Pol5 icy Act of 2005 (42 U.S.C. 15852(b)) is amended by strik6 ing paragraph (2) and inserting the following: 

7 ‘‘(2) RENEWABLE ENERGY.—The term ‘renewable 

8 energy’ means electric energy, or thermal energy if re9 sulting from a thermal energy project placed in serv10 ice after December 31, 2014, generated from, or avoid11 ed by, solar, wind, biomass, landfill gas, ocean (in12 cluding tidal, wave, current, and thermal), geo13 thermal, municipal solid waste (in accordance with 

14 subsection (e)), qualified waste heat resource, or new 

15 hydroelectric generation capacity achieved from in16 creased efficiency or additions of new capacity at an 

17 existing hydroelectric project. 

18 ‘‘(3) QUALIFIED WASTE HEAT RESOURCE.—The 

19 term ‘qualified waste heat resource’ means— 

20 ‘‘(A) exhaust heat or flared gas from any 

21 industrial process; 

22 ‘‘(B) waste gas or industrial tail gas that 

23 would otherwise be flared, incinerated, or vented; 

24 ‘‘(C) a pressure drop in any gas for an in25 dustrial or commercial process; or 
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1 ‘‘(D) such other forms of waste heat as the 

2 Secretary determines appropriate.’’. 

3 (b) PAPER RECYCLING.—Section 203 of the Energy 

4 Policy Act of 2005 (42 U.S.C. 15852) is amended by adding 

5 at the end the following: 

6 ‘‘(e) PAPER RECYCLING.— 

7 ‘‘(1) SEPARATE COLLECTION.—For purposes of 

8 this section, any Federal agency may consider electric 

9 energy generation purchased from a facility to be re10 newable energy if the municipal solid waste used by 

11 the facility to generate the electricity is— 

12 ‘‘(A) separately collected (within the mean13 ing of section 246.101(z) of title 40, Code of Fed14 eral Regulations, as in effect on the date of en15 actment of the North American Energy Security 

16 and Infrastructure Act of 2016) from paper that 

17 is commonly recycled; and 

18 ‘‘(B) processed in a way that keeps paper 

19 that is commonly recycled segregated from non20 recyclable solid waste. 

21 ‘‘(2) INCIDENTAL INCLUSION.—Municipal solid 

22 waste used to generate electric energy that meets the 

23 conditions described in paragraph (1) shall be consid24 ered renewable energy even if the municipal solid 

25 waste contains incidental commonly recycled paper. 
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1 ‘‘(3) NO EFFECT ON EXISTING PROCESSES.— 

2 Nothing in paragraph (1) shall be interpreted to re3 quire a State or political subdivision of a State, di4 rectly or indirectly, to change the systems, processes, 

5 or equipment it uses to collect, treat, dispose of, or 

6 otherwise use municipal solid waste, within the 

7 meaning of the Solid Waste Disposal Act (42 U.S.C. 

8 6901 et seq.), nor require a change to the regulations 

9 that implement subtitle D of such Act (42 U.S.C. 

10 6941 et seq.).’’. 

11 SEC. 3116. ENERGY PERFORMANCE REQUIREMENT FOR 

12 FEDERAL BUILDINGS. 

13 Section 543 of the National Energy Conservation Pol14 icy Act (42 U.S.C. 8253) is amended— 

15 (1) by striking subsection (a) and inserting the 

16 following: 

17 ‘‘(a) ENERGY PERFORMANCE REQUIREMENT FOR FED18 ERAL BUILDINGS.— 

19 ‘‘(1) REQUIREMENT.—Subject to paragraph (2), 

20 each agency shall apply energy conservation measures 

21 to, and shall improve the design for the construction 

22 of, the Federal buildings of the agency (including each 

23 industrial or laboratory facility) so that the energy 

24 consumption per gross square foot of the Federal 

25 buildings of the agency in fiscal years 2006 through 
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1 2017 is reduced, as compared with the energy con2 sumption per gross square foot of the Federal build3 ings of the agency in fiscal year 2003, by the percent4 age specified in the following table: 

Percentage 

‘‘Fiscal Year Reduction 

2006 ..................................................................................................... 2

2007 ..................................................................................................... 4

2008 ..................................................................................................... 9

2009 ..................................................................................................... 12

2010 ..................................................................................................... 15

2011 ..................................................................................................... 18

2012 ..................................................................................................... 21

2013 ..................................................................................................... 24

2014 ..................................................................................................... 27

2015 ..................................................................................................... 30

2016 ..................................................................................................... 33

2017 ..................................................................................................... 36. 

5 ‘‘(2) EXCLUSION FOR BUILDINGS WITH ENERGY

6 INTENSIVE ACTIVITIES.— 

7 ‘‘(A) IN GENERAL.—An agency may exclude 

8 from the requirements of paragraph (1) any 

9 building (including the associated energy con10 sumption and gross square footage) in which en11 ergy intensive activities are carried out. 

12 ‘‘(B) REPORTS.—Each agency shall identify 

13 and list in each report made under section 

14 548(a) the buildings designated by the agency for 

15 exclusion under subparagraph (A). 

16 ‘‘(3) REVIEW.—Not later than December 31, 

17 2017, the Secretary shall— 
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1 ‘‘(A) review the results of the implementa2 tion of the energy performance requirements es3 tablished under paragraph (1); and 

4 ‘‘(B) based on the review conducted under 

5 subparagraph (A), submit to Congress a report 

6 that addresses the feasibility of requiring each 

7 agency to apply energy conservation measures to, 

8 and improve the design for the construction of, 

9 the Federal buildings of the agency (including 

10 each industrial or laboratory facility) so that the 

11 energy consumption per gross square foot of the 

12 Federal buildings of the agency in each of fiscal 

13 years 2018 through 2030 is reduced, as compared 

14 with the energy consumption per gross square 

15 foot of the Federal buildings of the agency in the 

16 prior fiscal year, by 3 percent.’’; and 

17 (2) in subsection (f)— 

18 (A) in paragraph (1)— 

19 (i) by redesignating subparagraphs 

20 (E), (F), and (G) as subparagraphs (F), 

21 (G), and (H), respectively; and 

22 (ii) by inserting after subparagraph 

23 (D) the following: 

24 ‘‘(E) ONGOING COMMISSIONING.—The term 

25 ‘ongoing commissioning’ means an ongoing proc-
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1 ess of commissioning using monitored data, the 

2 primary goal of which is to ensure continuous 

3 optimum performance of a facility, in accord4 ance with design or operating needs, over the 

5 useful life of the facility, while meeting facility 

6 occupancy requirements.’’; 

7 (B) in paragraph (2), by adding at the end 

8 the following: 

9 ‘‘(C) ENERGY MANAGEMENT SYSTEM.—An 

10 energy manager designated under subparagraph 

11 (A) shall consider use of a system to manage en12 ergy use at the facility and certification of the 

13 facility in accordance with the International Or14 ganization for Standardization standard num15 bered 50001 and entitled ‘Energy Management 

16 Systems’.’’; 

17 (C) by striking paragraphs (3) and (4) and 

18 inserting the following: 

19 ‘‘(3) ENERGY AND WATER EVALUATIONS AND

20 COMMISSIONING.— 

21 ‘‘(A) EVALUATIONS.—Except as provided in 

22 subparagraph (B), effective beginning on the 

23 date that is 180 days after the date of enactment 

24 of the North American Energy Security and In25 frastructure Act of 2016, and annually there-
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1 after, each energy manager shall complete, for 

2 each calendar year, a comprehensive energy and 

3 water evaluation and recommissioning or 

4 retrocommissioning for approximately 25 percent 

5 of the facilities of that energy manager’s agency 

6 that meet the criteria under paragraph (2)(B) in 

7 a manner that ensures that an evaluation of 

8 each facility is completed at least once every 4 

9 years. 

10 ‘‘(B) EXCEPTIONS.—An evaluation and re11 commissioning or recommissioning shall not be 

12 required under subparagraph (A) with respect to 

13 a facility that— 

14 ‘‘(i) has had a comprehensive energy 

15 and water evaluation during the 8-year pe16 riod preceding the date of the evaluation; 

17 ‘‘(ii)(I) has been commissioned, re18 commissioned, or retrocommissioned during 

19 the 10-year period preceding the date of the 

20 evaluation; or 

21 ‘‘(II) is under ongoing commissioning, 

22 recommissioning, or retrocommissioning; 

23 ‘‘(iii) has not had a major change in 

24 function or use since the previous evalua-
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1 tion and commissioning, recommissioning, 

2 or retrocommissioning; 

3 ‘‘(iv) has been benchmarked with pub4 lic disclosure under paragraph (8) within 

5 the year preceding the evaluation; and 

6 ‘‘(v)(I) based on the benchmarking, has 

7 achieved at a facility level the most recent 

8 cumulative energy savings target under sub9 section (a) compared to the earlier of— 

10 ‘‘(aa) the date of the most recent 

11 evaluation; or 

12 ‘‘(bb) the date— 

13 ‘‘(AA) of the most recent 

14 commissioning, recommissioning, 

15 or retrocommissioning; or 

16 ‘‘(BB) on which ongoing 

17 commissioning, recommissioning, 

18 or retrocommissioning began; or 

19 ‘‘(II) has a long-term contract in place 

20 guaranteeing energy savings at least as 

21 great as the energy savings target under 

22 subclause (I). 

23 ‘‘(4) IMPLEMENTATION OF IDENTIFIED ENERGY

24 AND WATER EFFICIENCY MEASURES.— 
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1 ‘‘(A) IN GENERAL.—Not later than 2 years 

2 after the date of completion of each evaluation 

3 under paragraph (3), each energy manager 

4 may— 

5 ‘‘(i) implement any energy- or water6 saving measure that the Federal agency 

7 identified in the evaluation conducted under 

8 paragraph (3) that is life-cycle cost effective; 

9 and 

10 ‘‘(ii) bundle individual measures of 

11 varying paybacks together into combined 

12 projects. 

13 ‘‘(B) MEASURES NOT IMPLEMENTED.—Each 

14 energy manager, as part of the certification sys15 tem under paragraph (7) and using guidelines 

16 developed by the Secretary, shall provide an ex17 planation regarding any life-cycle cost-effective 

18 measures described in subparagraph (A)(i) that 

19 have not been implemented.’’; and 

20 (D) in paragraph (7)(C), by adding at the 

21 end the following: 

22 ‘‘(iii) SUMMARY REPORT.—The Sec23 retary shall make publicly available a re24 port that summarizes the information 

25 tracked under subparagraph (B)(i) by each 
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1 agency and, as applicable, by each type of 

2 measure.’’. 

3 SEC. 3117. FEDERAL BUILDING ENERGY EFFICIENCY PER4 FORMANCE STANDARDS; CERTIFICATION SYS5 TEM AND LEVEL FOR FEDERAL BUILDINGS. 

6 (a) DEFINITIONS.—Section 303 of the Energy Con7 servation and Production Act (42 U.S.C. 6832) is amend8 ed— 

9 (1) in paragraph (6), by striking ‘‘to be con10 structed’’ and inserting ‘‘constructed or altered’’; and 

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

12 ‘‘(17) MAJOR RENOVATION.—The term ‘major 

13 renovation’ means a modification of building energy 

14 systems sufficiently extensive that the whole building 

15 can meet energy standards for new buildings, based 

16 on criteria to be established by the Secretary through 

17 notice and comment rulemaking.’’. 

18 (b) FEDERAL BUILDING EFFICIENCY STANDARDS.— 

19 Section 305 of the Energy Conservation and Production Act 

20 (42 U.S.C. 6834) is amended— 

21 (1) in subsection (a)(3)— 

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

23 all that follows through the end of subparagraph 

24 (B) and inserting the following: 
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1 ‘‘(3) REVISED FEDERAL BUILDING ENERGY EFFI2 CIENCY PERFORMANCE STANDARDS; CERTIFICATION

3 FOR GREEN BUILDINGS.— 

4 ‘‘(A) REVISED FEDERAL BUILDING ENERGY

5 EFFICIENCY PERFORMANCE STANDARDS.— 

6 ‘‘(i) IN GENERAL.—Not later than 1 

7 year after the date of enactment of the 

8 North American Energy Security and In9 frastructure Act of 2016, the Secretary shall 

10 establish, by rule, revised Federal building 

11 energy efficiency performance standards 

12 that require that— 

13 ‘‘(I) new Federal buildings and 

14 alterations and additions to existing 

15 Federal buildings— 

16 ‘‘(aa) meet or exceed the most 

17 recent revision of the IECC (in 

18 the case of residential buildings) 

19 or ASHRAE Standard 90.1 (in 

20 the case of commercial buildings) 

21 as of the date of enactment of the 

22 North American Energy Security 

23 and Infrastructure Act of 2016; 

24 and 
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1 ‘‘(bb) meet or exceed the en2 ergy provisions of State and local 

3 building codes applicable to the 

4 building, if the codes are more 

5 stringent than the IECC or 

6 ASHRAE Standard 90.1, as ap7 plicable; 

8 ‘‘(II) unless demonstrated not to 

9 be life-cycle cost effective for new Fed10 eral buildings and Federal buildings 

11 with major renovations— 

12 ‘‘(aa) the buildings be de13 signed to achieve energy consump14 tion levels that are at least 30 

15 percent below the levels established 

16 in the version of the ASHRAE 

17 Standard or the IECC, as appro18 priate, that is applied under sub19 clause (I)(aa), including updates 

20 under subparagraph (B); and 

21 ‘‘(bb) sustainable design 

22 principles are applied to the loca23 tion, siting, design, and construc24 tion of all new Federal buildings 
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1 and replacement Federal build2 ings; 

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

4 energy efficiency, water conservation 

5 technologies shall be applied to the ex6 tent that the technologies are life-cycle 

7 cost effective; and 

8 ‘‘(IV) if life-cycle cost effective, as 

9 compared to other reasonably available 

10 technologies, not less than 30 percent of 

11 the hot water demand for each new 

12 Federal building or Federal building 

13 undergoing a major renovation be met 

14 through the installation and use of 

15 solar hot water heaters. 

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

17 not apply to unaltered portions of existing 

18 Federal buildings and systems that have 

19 been added to or altered. 

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

21 after the date of approval of each subsequent re22 vision of ASHRAE Standard 90.1 or the IECC, 

23 as appropriate, the Secretary shall determine 

24 whether the revised standards established under 

25 subparagraph (A) should be updated to reflect 
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1 the revisions, based on the energy savings and 

2 life-cycle cost effectiveness of the revisions.’’; 

3 (B) in subparagraph (C), by striking ‘‘(C) 

4 In the budget request’’ and inserting the fol5 lowing: 

6 ‘‘(C) BUDGET REQUEST.—In the budget re7 quest’’; and 

8 (C) in subparagraph (D)— 

9 (i) by striking ‘‘(D) Not later than’’ 

10 and all that follows through the end of the 

11 first sentence of clause (i)(III) and inserting 

12 the following: 

13 ‘‘(D) CERTIFICATION FOR GREEN BUILD14 INGS.— 

15 ‘‘(i) IN GENERAL.—’’; 

16 (ii) by striking clause (ii); 

17 (iii) in clause (iii), by striking ‘‘(iii) 

18 In identifying’’ and inserting the following: 

19 ‘‘(ii) CONSIDERATIONS.—In identi20 fying’’; 

21 (iv) in clause (iv)— 

22 (I) by striking ‘‘(iv) At least 

23 once’’ and inserting the following: 

24 ‘‘(iii) STUDY.—At least once’’; and 
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1 (II) by striking ‘‘clause (iii)’’ and 

2 inserting ‘‘clause (ii)’’; 

3 (v) in clause (v)— 

4 (I) by striking ‘‘(v) The Secretary 

5 may’’ and inserting the following: 

6 ‘‘(iv) INTERNAL CERTIFICATION PROC7 ESSES.—The Secretary may’’; and 

8 (II) by striking ‘‘clause (i)(III)’’ 

9 each place it appears and inserting 

10 ‘‘clause (i)’’; 

11 (vi) in clause (vi)— 

12 (I) by striking ‘‘(vi) With respect’’ 

13 and inserting the following: 

14 ‘‘(v) PRIVATIZED MILITARY HOUS15 ING.—With respect’’; and 

16 (II) by striking ‘‘develop alter17 native criteria to those established by 

18 subclauses (I) and (III) of clause (i) 

19 that achieve an equivalent result in 

20 terms of energy savings, sustainable de21 sign, and’’ and inserting ‘‘develop al22 ternative certification systems and lev23 els than the systems and levels identi24 fied under clause (i) that achieve an 

25 equivalent result in terms of’’; and 
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1 (vii) in clause (vii), by striking ‘‘(vii) 

2 In addition to’’ and inserting the following: 

3 ‘‘(vi) WATER CONSERVATION TECH4 NOLOGIES.—In addition to’’; and 

5 (2) by striking subsections (c) and (d) and in6 serting the following: 

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

8 ‘‘(1) every 5 years, review the Federal building 

9 energy standards established under this section; and 

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

11 (1), if the Secretary determines that significant en12 ergy savings would result, upgrade the standards to 

13 include all new energy efficiency and renewable en14 ergy measures that are technologically feasible and 

15 economically justified.’’. 

16 SEC. 3118. OPERATION OF BATTERY RECHARGING STA17 TIONS IN PARKING AREAS USED BY FEDERAL 

18 EMPLOYEES. 

19 (a) AUTHORIZATION.— 

20 (1) IN GENERAL.—The head of any office of the 

21 Federal Government which owns or operates a park22 ing area for the use of its employees (either directly 

23 or indirectly through a contractor) may install, con24 struct, operate, and maintain on a reimbursable basis 

25 a battery recharging station in such area for the use 
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1 of privately owned vehicles of employees of the office 

2 and others who are authorized to park in such area. 

3 (2) USE OF VENDORS.—The head of an office 

4 may carry out paragraph (1) through a contract with 

5 a vendor, under such terms and conditions (including 

6 terms relating to the allocation between the office and 

7 the vendor of the costs of carrying out the contract) 

8 as the head of the office and the vendor may agree to. 

9 (b) IMPOSITION OF FEES TO COVER COSTS.— 

10 (1) FEES.—The head of an office of the Federal 

11 Government which operates and maintains a battery 

12 recharging station under this section shall charge fees 

13 to the individuals who use the station in such amount 

14 as is necessary to ensure that office recovers all of the 

15 costs it incurs in installing, constructing, operating, 

16 and maintaining the station. 

17 (2) DEPOSIT AND AVAILABILITY OF FEES.—Any 

18 fees collected by the head of an office under this sub19 section shall be— 

20 (A) deposited monthly in the Treasury to 

21 the credit of the appropriations account for sala22 ries and expenses of the office; and 

23 (B) available for obligation without further 

24 appropriation during— 

25 (i) the fiscal year collected; and 
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1 (ii) the fiscal year following the fiscal 

2 year collected. 

3 (c) NO EFFECT ON EXISTING PROGRAMS FOR HOUSE

4 AND SENATE.—Nothing in this section may be construed 

5 to affect the installation, construction, operation, or main6 tenance of battery recharging stations by the Architect of 

7 the Capitol— 

8 (1) under Public Law 112–170 (2 U.S.C. 2171), 

9 relating to employees of the House of Representatives 

10 and individuals authorized to park in any parking 

11 area under the jurisdiction of the House of Represent12 atives on the Capitol Grounds; or 

13 (2) under Public Law 112–167 (2 U.S.C. 2170), 

14 relating to employees of the Senate and individuals 

15 authorized to park in any parking area under the ju16 risdiction of the Senate on the Capitol Grounds. 

17 (d) EFFECTIVE DATE.—This section shall apply with 

18 respect to fiscal year 2016 and each succeeding fiscal year. 

19 SEC. 3119. REPORT ON ENERGY SAVINGS AND GREEN20 HOUSE GAS EMISSIONS REDUCTION FROM 

21 CONVERSION OF CAPTURED METHANE TO EN22 ERGY. 

23 (a) REPORT.—Not later than 1 year after the date of 

24 enactment of this Act, the Secretary of Energy, in consulta25 tion with appropriate Federal agencies and relevant stake-
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1 holders, shall submit to the Committee on Energy and Nat2 ural Resources of the Senate and the Committee on Energy 

3 and Commerce of the House of Representatives a report on 

4 the impact of captured methane converted for energy and 

5 power generation on Federal lands, Federal buildings, and 

6 relevant municipalities that use such generation, and the 

7 return on investment and reduction in greenhouse gas emis8 sions of utilizing such power generation. 

9 (b) CONTENTS.—The report shall include— 

10 (1) a summary of energy performance and sav11 ings resulting from the utilization of such power gen12 eration, including short-term and long-term (20 

13 years) projections of such savings; and 

14 (2) an analysis of the reduction in greenhouse 

15 emissions resulting from the utilization of such power 

16 generation. 

17 CHAPTER 2—ENERGY EFFICIENT 

18 TECHNOLOGY AND MANUFACTURING 

19 SEC. 3121. INCLUSION OF SMART GRID CAPABILITY ON EN20 ERGY GUIDE LABELS. 

21 Section 324(a)(2) of the Energy Policy and Conserva22 tion Act (42 U.S.C. 6294(a)(2)) is amended by adding the 

23 following at the end: 

24 ‘‘(J) SMART GRID CAPABILITY ON ENERGY

25 GUIDE LABELS.— 
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1 ‘‘(i) RULE.—Not later than 1 year 

2 after the date of enactment of this subpara3 graph, the Commission shall initiate a rule4 making to consider making a special note 

5 in a prominent manner on any Energy 

6 Guide label for any product that includes 

7 Smart Grid capability that— 

8 ‘‘(I) Smart Grid capability is a 

9 feature of that product; 

10 ‘‘(II) the use and value of that 

11 feature depend on the Smart Grid ca12 pability of the utility system in which 

13 the product is installed and the active 

14 utilization of that feature by the cus15 tomer; and 

16 ‘‘(III) on a utility system with 

17 Smart Grid capability, the use of the 

18 product’s Smart Grid capability could 

19 reduce the customer’s cost of the prod20 uct’s annual operation as a result of 

21 the incremental energy and electricity 

22 cost savings that would result from the 

23 customer taking full advantage of such 

24 Smart Grid capability. 
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1 ‘‘(ii) DEADLINE.—Not later than 3 

2 years after the date of enactment of this 

3 subparagraph, the Commission shall com4 plete the rulemaking initiated under clause 

5 (i).’’. 

6 SEC. 3122. VOLUNTARY VERIFICATION PROGRAMS FOR AIR 

7 CONDITIONING, FURNACE, BOILER, HEAT 

8 PUMP, AND WATER HEATER PRODUCTS. 

9 Section 326(b) of the Energy Policy and Conservation 

10 Act (42 U.S.C. 6296(b)) is amended by adding at the end 

11 the following: 

12 ‘‘(6) VOLUNTARY VERIFICATION PROGRAMS FOR

13 AIR CONDITIONING, FURNACE, BOILER, HEAT PUMP, 

14 AND WATER HEATER PRODUCTS.— 

15 ‘‘(A) RELIANCE ON VOLUNTARY PRO16 GRAMS.—For the purpose of verifying compli17 ance with energy conservation standards estab18 lished under sections 325 and 342 for covered 

19 products described in paragraphs (3), (4), (5), 

20 (9), and (11) of section 322(a) and covered 

21 equipment described in subparagraphs (B), (C), 

22 (D), (F), (I), (J), and (K) of section 340(1), the 

23 Secretary shall rely on testing conducted by rec24 ognized voluntary verification programs that are 
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1 recognized by the Secretary in accordance with 

2 subparagraph (B). 

3 ‘‘(B) RECOGNITION OF VOLUNTARY

4 VERIFICATION PROGRAMS.— 

5 ‘‘(i) IN GENERAL.—Not later than 180 

6 days after the date of enactment of this 

7 paragraph, the Secretary shall initiate a 

8 negotiated rulemaking in accordance with 

9 subchapter III of chapter 5 of title 5, 

10 United States Code (commonly known as 

11 the ‘Negotiated Rulemaking Act of 1990’) to 

12 develop criteria that have consensus support 

13 for achieving recognition by the Secretary 

14 as an approved voluntary verification pro15 gram. Any subsequent amendment to such 

16 criteria may be made only pursuant to a 

17 subsequent negotiated rulemaking in accord18 ance with subchapter III of chapter 5 of 

19 title 5, United States Code. 

20 ‘‘(ii) MINIMUM REQUIREMENTS.—The 

21 criteria developed under clause (i) shall, at 

22 a minimum, ensure that a voluntary 

23 verification program— 

24 ‘‘(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 ne13 gotiated rulemaking under clause 

14 (i); 

15 ‘‘(IV) at least annually tests inde16 pendently obtained products following 

17 the test procedures established under 

18 this title to verify the certified rating 

19 of a representative sample of products 

20 and equipment within the scope of the 

21 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 the 

2 performance rating or removal of the 

3 product or equipment from the pro4 gram if testing determines that the 

5 performance rating does not meet the 

6 levels the manufacturer has certified to 

7 the Secretary; 

8 ‘‘(VII) requires new program par9 ticipants to substantiate ratings 

10 through test data generated in accord11 ance with Department of Energy regu12 lations; 

13 ‘‘(VIII) allows for challenge test14 ing of products and equipment within 

15 the scope of the program; 

16 ‘‘(IX) requires program partici17 pants to disclose the performance rat18 ing of all covered products and equip19 ment within the scope of the program 

20 for the covered product or equipment; 

21 ‘‘(X) provides to the Secretary— 

22 ‘‘(aa) an annual report of all 

23 test results, the contents of which 

24 shall be determined through the 
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1 negotiated rulemaking process 

2 under clause (i); and 

3 ‘‘(bb) test reports, on the re4 quest of the Secretary, that note 

5 any instructions specified by the 

6 manufacturer or the representa7 tive of the manufacturer for the 

8 purpose of conducting the 

9 verification testing; and 

10 ‘‘(XI) satisfies any additional re11 quirements or standards that the Sec12 retary shall establish consistent with 

13 this subparagraph. 

14 ‘‘(iii) CESSATION OF RECOGNITION.— 

15 The Secretary may only cease recognition of 

16 a voluntary verification program as an ap17 proved program described in subparagraph 

18 (A) upon a finding that the program is not 

19 meeting its obligations for compliance 

20 through program review criteria developed 

21 during the negotiated rulemaking conducted 

22 under subparagraph (B). 

23 ‘‘(C) ADMINISTRATION.— 

24 ‘‘(i) IN GENERAL.—The Secretary shall 

25 not require— 
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1 ‘‘(I) manufacturers to participate 

2 in a recognized voluntary verification 

3 program described in subparagraph 

4 (A); or 

5 ‘‘(II) participating manufacturers 

6 to provide information that has al7 ready been provided to the Secretary. 

8 ‘‘(ii) LIST OF COVERED PRODUCTS.— 

9 The Secretary may maintain a publicly 

10 available list of covered products and equip11 ment that distinguishes between products 

12 that are and are not covered products and 

13 equipment verified through a recognized vol14 untary verification program described in 

15 subparagraph (A). 

16 ‘‘(iii) PERIODIC VERIFICATION TEST17 ING.—The Secretary— 

18 ‘‘(I) shall not subject products or 

19 equipment that have been verification 

20 tested under a recognized voluntary 

21 verification program described in sub22 paragraph (A) to periodic verification 

23 testing to verify the accuracy of the 

24 certified performance rating of the 

25 products or equipment; but 
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1 ‘‘(II) may require testing of prod2 ucts or equipment described in sub3 clause (I)— 

4 ‘‘(aa) if the testing is nec5 essary— 

6 ‘‘(AA) to assess the over7 all performance of a vol8 untary verification program; 

9 ‘‘(BB) to address spe10 cific performance issues; 

11 ‘‘(CC) for use in updat12 ing test procedures and 

13 standards; or 

14 ‘‘(DD) for other pur15 poses consistent with this 

16 title; or 

17 ‘‘(bb) if such testing is agreed 

18 to during the negotiated rule19 making conducted under subpara20 graph (B). 

21 ‘‘(D) EFFECT ON OTHER AUTHORITY.— 

22 Nothing in this paragraph limits the authority 

23 of the Secretary to enforce compliance with any 

24 law.’’. 
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1 SEC. 3123. FACILITATING CONSENSUS FURNACE STAND2 ARDS. 

3 (a) CONGRESSIONAL FINDINGS AND DECLARATION OF

4 PURPOSE.— 

5 (1) FINDINGS.—Congress finds that— 

6 (A) acting pursuant to the requirements of 

7 section 325 of the Energy Policy and Conserva8 tion Act (42 U.S.C. 6295), the Secretary of En9 ergy is considering amending the energy con10 servation standards applicable to residential 

11 nonweatherized gas furnaces and mobile home 

12 gas furnaces; 

13 (B) numerous stakeholders, representing 

14 manufacturers, distributors, and installers of res15 idential nonweatherized gas furnaces and mobile 

16 home furnaces, natural gas utilities, home build17 ers, multifamily property owners, and energy ef18 ficiency, environmental, and consumer advocates 

19 have begun negotiations in an attempt to agree 

20 on a consensus recommendation to the Secretary 

21 on levels for such standards that will meet the 

22 statutory criteria; and 

23 (C) the stakeholders believe these negotia24 tions are likely to result in a consensus rec25 ommendation, but several of the stakeholders do 

26 not support suspending the current rulemaking. 
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1 (2) PURPOSE.—It is the purpose of this section 

2 to provide the stakeholders described in paragraph (1) 

3 with an opportunity to continue negotiations for a 

4 limited time period to facilitate the proposal for 

5 adoption of standards that enjoy consensus support, 

6 while not delaying the current rulemaking except to 

7 the extent necessary to provide such opportunity. 

8 (b) OPPORTUNITY FOR A NEGOTIATED FURNACE

9 STANDARD.—Section 325(f)(4) of the Energy Policy and 

10 Conservation Act (42 U.S.C. 6295(f)(4)) is amended by 

11 adding after subparagraph (D) the following: 

12 ‘‘(E)(i) Unless the Secretary has published such a no13 tice prior to the date of enactment of this Act, the Secretary 

14 shall publish, not later than October 31, 2015, a supple15 mental notice of proposed rulemaking or a notice of data 

16 availability updating the proposed rule entitled ‘Energy 

17 Conservation Program for Consumer Products: Energy 

18 Conservation Standards for Residential Furnaces’ and pub19 lished in the Federal Register on March 12, 2015 (80 Fed. 

20 Reg. 13119), to provide notice and an opportunity for com21 ment on— 

22 ‘‘(I) dividing nonweatherized gas furnaces into 

23 two or more product classes with separate energy con24 servation standards based on capacity; and 
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1 ‘‘(II) any other matters the Secretary determines 

2 appropriate. 

3 ‘‘(ii) On receipt of a statement that is submitted on 

4 or before January 1, 2016, jointly by interested persons that 

5 are fairly representative of relevant points of view, that con6 tains recommended standards for nonweatherized gas fur7 naces and mobile home gas furnaces that are consistent with 

8 the requirements of this part (except that the date on which 

9 such standards will apply may be earlier or later than the 

10 date required under this part), the Secretary shall evaluate 

11 the standards proposed in the joint statement for consist12 ency with the requirements of subsection (o), and shall pub13 lish notice of the potential adoption of the standards pro14 posed in the joint statement, modified as necessary to ensure 

15 consistency with subsection (o). The Secretary shall solicit 

16 public comment for a period of at least 30 days with respect 

17 to such notice. 

18 ‘‘(iii) Not later than July 31, 2016, but not before July 

19 1, 2016, the Secretary shall publish a final rule containing 

20 a determination of whether the standards for nonweather21 ized gas furnaces and mobile home gas furnaces should be 

22 amended. Such rule shall contain any such amendments to 

23 the standards.’’. 
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1 SEC. 3124. NO WARRANTY FOR CERTAIN CERTIFIED ENERGY 

2 STAR PRODUCTS. 

3 Section 324A of the Energy Policy and Conservation 

4 Act (42 U.S.C. 6294a) is amended by adding at the end 

5 the following new subsection: 

6 ‘‘(e) NO WARRANTY.— 

7 ‘‘(1) IN GENERAL.—Any disclosure relating to 

8 participation of a product in the Energy Star pro9 gram shall not create an express or implied warranty 

10 or give rise to any private claims or rights of action 

11 under State or Federal law relating to the disquali12 fication of that product from Energy Star if— 

13 ‘‘(A) the product has been certified by a cer14 tification body recognized by the Energy Star 

15 program; 

16 ‘‘(B) the Administrator has approved cor17 rective measures, including a determination of 

18 whether or not consumer compensation is appro19 priate; and 

20 ‘‘(C) the responsible party has fully com21 plied with all approved corrective measures. 

22 ‘‘(2) CONSTRUAL.—Nothing in this subsection 

23 shall be construed to require the Administrator to 

24 modify any procedure or take any other action.’’. 
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1 SEC. 3125. CLARIFICATION TO EFFECTIVE DATE FOR RE2 GIONAL STANDARDS. 

3 Section 325(o)(6)(E)(ii) of the Energy Policy and 

4 Conservation Act (42 U.S.C. 6295(o)(6)(E)(ii)) is amended 

5 by striking ‘‘installed’’ and inserting ‘‘manufactured or im6 ported into the United States’’. 

7 SEC. 3126. INTERNET OF THINGS REPORT. 

8 The Secretary of Energy shall, not later than 18 

9 months after the date of enactment of this Act, report to 

10 the Committee on Energy and Commerce of the House of 

11 Representatives and the Committee on Energy and Natural 

12 Resources of the Senate on the efforts made to take advan13 tage of, and promote, the utilization of advanced tech14 nologies such as Internet of Things end-to-end platform so15 lutions to provide real-time actionable analytics and enable 

16 predictive maintenance and asset management to improve 

17 energy efficiency wherever feasible. In doing so, the Sec18 retary shall look to encourage and utilize Internet of Things 

19 energy management solutions that have security tightly in20 tegrated into the hardware and software from the outset. 

21 The Secretary shall also encourage the use of Internet of 

22 Things solutions that enable seamless connectivity and that 

23 are interoperable, open standards-based, and built on a re24 peatable foundation for ease of scalability. 
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1 SEC. 3127. ENERGY SAVINGS FROM LUBRICATING OIL. 

2 Not later than 1 year after the date of enactment of 

3 this Act, the Secretary of Energy, in cooperation with the 

4 Administrator of the Environmental Protection Agency and 

5 the Director of Management and Budget, shall— 

6 (1) review and update the report prepared pur7 suant to section 1838 of the Energy Policy Act of 

8 2005; 

9 (2) after consultation with relevant Federal, 

10 State, and local agencies and affected industry and 

11 stakeholder groups, update data that was used in pre12 paring that report; and 

13 (3) prepare and submit to Congress a coordi14 nated Federal strategy to increase the beneficial reuse 

15 of used lubricating oil, that— 

16 (A) is consistent with national policy as es17 tablished pursuant to section 2 of the Used Oil 

18 Recycling Act of 1980 (Public Law 96–463); and 

19 (B) addresses measures needed to— 

20 (i) increase the responsible collection of 

21 used oil; 

22 (ii) disseminate public information 

23 concerning sustainable reuse options for 

24 used oil; and 

25 (iii) promote sustainable reuse of used 

26 oil by Federal agencies, recipients of Fed-
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1 eral grant funds, entities contracting with 

2 the Federal Government, and the general 

3 public. 

4 SEC. 3128. DEFINITION OF EXTERNAL POWER SUPPLY. 

5 Section 321(36)(A) of the Energy Policy and Con6 servation Act (42 U.S.C. 6291(36)(A)) is amended— 

7 (1) by striking the subparagraph designation 

8 and all that follows through ‘‘The term’’ and inserting 

9 the following: 

10 ‘‘(A) EXTERNAL POWER SUPPLY.— 

11 ‘‘(i) IN GENERAL.—The term’’; and 

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

13 ‘‘(ii) EXCLUSION.—The term ‘external 

14 power supply’ does not include a power 

15 supply circuit, driver, or device that is de16 signed exclusively to be connected to, and 

17 power— 

18 ‘‘(I) light-emitting diodes pro19 viding illumination; or 

20 ‘‘(II) organic light-emitting diodes 

21 providing illumination.’’. 
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1 SEC. 3129. STANDARDS FOR POWER SUPPLY CIRCUITS CON2 NECTED TO LEDS OR OLEDS. 

3 (a) IN GENERAL.—Section 325(u) of the Energy Pol4 icy and Conservation Act (42 U.S.C. 6295(u)) is amended 

5 by adding at the end the following: 

6 ‘‘(6) POWER SUPPLY CIRCUITS CONNECTED TO

7 LEDS OR OLEDS.—Notwithstanding the exclusion de8 scribed in section 321(36)(A)(ii), the Secretary may 

9 prescribe, in accordance with subsections (o) and (p) 

10 and section 322(b), an energy conservation standard 

11 for a power supply circuit, driver, or device that is 

12 designed primarily to be connected to, and power, 

13 light-emitting diodes or organic light-emitting diodes 

14 providing illumination.’’. 

15 (b) ENERGY CONSERVATION STANDARDS.—Section 

16 346 of the Energy Policy and Conservation Act (42 U.S.C. 

17 6317) is amended by adding at the end the following: 

18 ‘‘(g) ENERGY CONSERVATION STANDARD FOR POWER

19 SUPPLY CIRCUITS CONNECTED TO LEDS OR OLEDS.— 

20 Not earlier than 1 year after applicable testing require21 ments are prescribed under section 343, the Secretary may 

22 prescribe an energy conservation standard for a power sup23 ply circuit, driver, or device that is designed primarily to 

24 be connected to, and power, light-emitting diodes or organic 

25 light-emitting diodes providing illumination.’’. 
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1 CHAPTER 3—SCHOOL BUILDINGS 

2 SEC. 3131. COORDINATION OF ENERGY RETROFITTING AS3 SISTANCE FOR SCHOOLS. 

4 Section 392 of the Energy Policy and Conservation Act 

5 (42 U.S.C. 6371a) is amended by adding at the end the 

6 following: 

7 ‘‘(e) COORDINATION OF ENERGY RETROFITTING AS8 SISTANCE FOR SCHOOLS.— 

9 ‘‘(1) DEFINITION OF SCHOOL.—Notwithstanding 

10 section 391(6), for the purposes of this subsection, the 

11 term ‘school’ means— 

12 ‘‘(A) an elementary school or secondary 

13 school (as defined in section 9101 of the Elemen14 tary and Secondary Education Act of 1965 (20 

15 U.S.C. 7801)); 

16 ‘‘(B) an institution of higher education (as 

17 defined in section 102(a) of the Higher Edu18 cation Act of 1965 (20 U.S.C. 1002(a))); 

19 ‘‘(C) a school of the defense dependents’ edu20 cation system under the Defense Dependents’ 

21 Education Act of 1978 (20 U.S.C. 921 et seq.) or 

22 established under section 2164 of title 10, United 

23 States Code; 

24 ‘‘(D) a school operated by the Bureau of In25 dian Affairs; 
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1 ‘‘(E) a tribally controlled school (as defined 

2 in section 5212 of the Tribally Controlled 

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

4 ‘‘(F) a Tribal College or University (as de5 fined in section 316(b) of the Higher Education 

6 Act of 1965 (20 U.S.C. 1059c(b))). 

7 ‘‘(2) ESTABLISHMENT OF CLEARINGHOUSE.—The 

8 Secretary, acting through the Office of Energy Effi9 ciency and Renewable Energy, shall establish a clear10 inghouse to disseminate information regarding avail11 able Federal programs and financing mechanisms 

12 that may be used to help initiate, develop, and fi13 nance energy efficiency, distributed generation, and 

14 energy retrofitting projects for schools. 

15 ‘‘(3) REQUIREMENTS.—In carrying out para16 graph (2), the Secretary shall— 

17 ‘‘(A) consult with appropriate Federal 

18 agencies to develop a list of Federal programs 

19 and financing mechanisms that are, or may be, 

20 used for the purposes described in paragraph (2); 

21 and 

22 ‘‘(B) coordinate with appropriate Federal 

23 agencies to develop a collaborative education and 

24 outreach effort to streamline communications 

25 and promote available Federal programs and fi-
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1 nancing mechanisms described in subparagraph 

2 (A), which may include the development and 

3 maintenance of a single online resource that in4 cludes contact information for relevant technical 

5 assistance in the Office of Energy Efficiency and 

6 Renewable Energy that States, local education 

7 agencies, and schools may use to effectively access 

8 and use such Federal programs and financing 

9 mechanisms.’’. 

10 CHAPTER 4—BUILDING ENERGY CODES 

11 SEC. 3141. GREATER ENERGY EFFICIENCY IN BUILDING 

12 CODES. 

13 (a) DEFINITIONS.—Section 303 of the Energy Con14 servation and Production Act (42 U.S.C. 6832), as amended 

15 by section 3116, is further amended— 

16 (1) by striking paragraph (14) and inserting the 

17 following: 

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

19 term ‘model building energy code’ means a voluntary 

20 building energy code or standard developed and up21 dated through a consensus process among interested 

22 persons, such as the IECC or ASHRAE Standard 

23 90.1 or a code used by other appropriate organiza24 tions regarding which the Secretary has issued a de25 termination that buildings subject to it would achieve 
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1 greater energy efficiency than under a previously de2 veloped code.’’; and 

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

4 ‘‘(18) ASHRAE STANDARD 90.1.—The term 

5 ‘ASHRAE Standard 90.1’ means the American Soci6 ety of Heating, Refrigerating and Air-Conditioning 

7 Engineers ANSI/ASHRAE/IES Standard 90/1 En8 ergy Standard for Buildings Except Low-Rise Resi9 dential Buildings. 

10 ‘‘(19) COST-EFFECTIVE.—The term ‘cost-effective’ 

11 means having a simple payback of 10 years or less. 

12 ‘‘(20) IECC.—The term ‘IECC’ means the Inter13 national Energy Conservation Code as published by 

14 the International Code Council. 

15 ‘‘(21) INDIAN TRIBE.—The term ‘Indian tribe’ 

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

17 Native American Housing Assistance and Self-Deter18 mination Act of 1996 (25 U.S.C. 4103). 

19 ‘‘(22) SIMPLE PAYBACK.—The term ‘simple pay20 back’ means the time in years that is required for en21 ergy savings to exceed the incremental first cost of a 

22 new requirement or code. 

23 ‘‘(23) TECHNICALLY FEASIBLE.—The term ‘tech24 nically feasible’ means capable of being achieved, 
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1 based on widely available appliances, equipment, 

2 technologies, materials, and construction practices.’’. 

3 (b) STATE BUILDING ENERGY EFFICIENCY CODES.— 

4 Section 304 of the Energy Conservation and Production Act 

5 (42 U.S.C. 6833) is amended to read as follows: 

6 ‘‘SEC. 304. UPDATING STATE BUILDING ENERGY EFFI7 CIENCY CODES. 

8 ‘‘(a) IN GENERAL.—The Secretary shall provide tech9 nical assistance, as described in subsection (e), for the pur10 poses of— 

11 ‘‘(1) implementation of building energy codes by 

12 States, Indian tribes, and, as appropriate, by local 

13 governments, that are technically feasible and cost-ef14 fective; and 

15 ‘‘(2) supporting full compliance with the State, 

16 tribal, and local codes. 

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

18 BUILDING ENERGY CODE UPDATES.— 

19 ‘‘(1) REVIEW AND UPDATING OF CODES BY EACH

20 STATE AND INDIAN TRIBE.— 

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

22 after the date on which a model building energy 

23 code is published, each State or Indian tribe 

24 shall certify whether or not the State or Indian 

25 tribe, respectively, has reviewed and updated the 
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1 energy provisions of the building code of the 

2 State or Indian tribe, respectively. 

3 ‘‘(B) DEMONSTRATION.—The certification 

4 shall include a statement of whether or not the 

5 energy savings for the code provisions that are in 

6 effect throughout the State or Indian tribal terri7 tory meet or exceed— 

8 ‘‘(i) the energy savings of the most re9 cently published model building energy 

10 code; or 

11 ‘‘(ii) the targets established under sec12 tion 307(b)(2). 

13 ‘‘(C) NO MODEL BUILDING ENERGY CODE

14 UPDATE.—If a model building energy code is not 

15 updated by a target date established under sec16 tion 307(b)(2)(D), each State or Indian tribe 

17 shall, not later than 3 years after the specified 

18 date, certify whether or not the State or Indian 

19 tribe, respectively, has reviewed and updated the 

20 energy provisions of the building code of the 

21 State or Indian tribe, respectively, to meet or ex22 ceed the target in section 307(b)(2). 

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

24 than 90 days after a State or Indian tribe certifi25 cation under paragraph (1), the Secretary shall— 
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1 ‘‘(A) determine whether the code provisions 

2 of the State or Indian tribe, respectively, meet 

3 the criteria specified in paragraph (1); 

4 ‘‘(B) determine whether the certification 

5 submitted by the State or Indian tribe, respec6 tively, is complete; and 

7 ‘‘(C) if the requirements of subparagraph 

8 (B) are satisfied, validate the certification. 

9 ‘‘(3) LIMITATION.—Nothing in this section shall 

10 be interpreted to require a State or Indian tribe to 

11 adopt any building code or provision within a code. 

12 ‘‘(c) IMPROVEMENTS IN COMPLIANCE WITH BUILDING

13 ENERGY CODES.— 

14 ‘‘(1) REQUIREMENT.— 

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

16 after the date of a certification under subsection 

17 (b), each State and Indian tribe shall certify 

18 whether or not the State or Indian tribe, respec19 tively, has— 

20 ‘‘(i) achieved full compliance under 

21 paragraph (3) with the applicable certified 

22 State or Indian tribe building energy code 

23 or with the associated model building en24 ergy code; or 
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1 ‘‘(ii) made significant progress under 

2 paragraph (4) toward achieving compliance 

3 with the applicable certified State or Indian 

4 tribe building energy code or with the asso5 ciated model building energy code. 

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

7 State or Indian tribe certifies progress toward 

8 achieving compliance, the State or Indian tribe 

9 shall repeat the certification until the State or 

10 Indian tribe certifies that the State or Indian 

11 tribe has achieved full compliance. 

12 ‘‘(2) MEASUREMENT OF COMPLIANCE.—A certifi13 cation under paragraph (1) shall include documenta14 tion of the rate of compliance based on— 

15 ‘‘(A) inspections of a random sample of the 

16 buildings covered by the code in the preceding 

17 year; or 

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

19 accurate measure of compliance. 

20 ‘‘(3) ACHIEVEMENT OF COMPLIANCE.—A State or 

21 Indian tribe shall be considered to achieve full com22 pliance under paragraph (1) if— 

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

24 covered by the code in the preceding year sub25 stantially meets all the requirements of the ap-
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1 plicable code specified in paragraph (1), or 

2 achieves equivalent or greater energy savings 

3 level; or 

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

5 buildings that did not meet the applicable code 

6 specified in paragraph (1) in the preceding year, 

7 compared to a baseline of comparable buildings 

8 that meet this code, is not more than 5 percent 

9 of the estimated energy use of all buildings cov10 ered by this code during the preceding year. 

11 ‘‘(4) SIGNIFICANT PROGRESS TOWARD ACHIEVE12 MENT OF COMPLIANCE.—A State or Indian tribe shall 

13 be considered to have made significant progress to14 ward achieving compliance for purposes of paragraph 

15 (1) if the State or Indian tribe— 

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

17 plan for achieving compliance during the 8-year 

18 period beginning on the date of enactment of this 

19 paragraph, including annual targets for compli20 ance and active training and enforcement pro21 grams; and 

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

23 subparagraph (A). 
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1 ‘‘(5) 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 State or Indian 

5 tribe has demonstrated meeting the criteria of 

6 this subsection, including accurate measurement 

7 of compliance; 

8 ‘‘(B) determine whether the certification 

9 submitted by the State or Indian tribe is com10 plete; and 

11 ‘‘(C) if the requirements of subparagraph 

12 (B) are satisfied, validate the certification. 

13 ‘‘(6) LIMITATION.—Nothing in this section shall 

14 be interpreted to require a State or Indian tribe to 

15 adopt any building code or provision within a code. 

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

17 ACHIEVE COMPLIANCE.— 

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

19 has not made a certification required under sub20 section (b) or (c) by the applicable deadline shall sub21 mit to the Secretary a report on the status of the 

22 State or Indian tribe with respect to meeting the re23 quirements and submitting the certification. 

24 ‘‘(2) STATE SOVEREIGNTY.—Nothing in this sec25 tion shall be interpreted to require a State or Indian 
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1 tribe to adopt any building code or provision within 

2 a code. 

3 ‘‘(3) LOCAL GOVERNMENT.—In any State or In4 dian tribe for which the Secretary has not validated 

5 a certification under subsection (b) or (c), a local gov6 ernment may be eligible for Federal support by meet7 ing the certification requirements of subsections (b) 

8 and (c). 

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

10 ‘‘(A) IN GENERAL.—The Secretary shall an11 nually submit to Congress, and publish in the 

12 Federal Register, a report on— 

13 ‘‘(i) the status of model building energy 

14 codes; 

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

16 compliance in the States and Indian tribes; 

17 ‘‘(iii) implementation of this section; 

18 and 

19 ‘‘(iv) improvements in energy savings 

20 over time as a result of the targets estab21 lished under section 307(b)(2). 

22 ‘‘(B) IMPACTS.—The report shall include es23 timates of impacts of past action under this sec24 tion, and potential impacts of further action, 

25 on— 
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1 ‘‘(i) upfront financial and construction 

2 costs, cost benefits and returns (using a re3 turn on investment analysis), and lifetime 

4 energy use for buildings; 

5 ‘‘(ii) resulting energy costs to individ6 uals and businesses; and 

7 ‘‘(iii) resulting overall annual building 

8 ownership and operating costs. 

9 ‘‘(e) TECHNICAL ASSISTANCE TO STATES AND INDIAN

10 TRIBES.— 

11 ‘‘(1) IN GENERAL.—The Secretary shall, upon re12 quest, provide technical assistance to States and In13 dian tribes to implement the goals and requirements 

14 of this section— 

15 ‘‘(A) to implement State residential and 

16 commercial building energy codes; and 

17 ‘‘(B) to document the rate of compliance 

18 with a building energy code. 

19 ‘‘(2) TECHNICAL ASSISTANCE.—The assistance 

20 shall include, as requested by the State or Indian 

21 tribe, technical assistance in— 

22 ‘‘(A) evaluating the energy savings of build23 ing energy codes; 
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1 ‘‘(B) assessing the economic considerations, 

2 referenced in section 307(b)(4), of implementing 

3 building energy codes; 

4 ‘‘(C) building energy analysis and design 

5 tools; 

6 ‘‘(D) energy simulation models; 

7 ‘‘(E) building demonstrations; 

8 ‘‘(F) developing the definitions of energy use 

9 intensity and building types for use in model 

10 building energy codes to evaluate the efficiency 

11 impacts of the model building energy codes; and 

12 ‘‘(G) complying with a performance-based 

13 pathway referenced in the model code. 

14 ‘‘(3) EXCLUSION.—For purposes of this section, 

15 ‘technical assistance’ shall not include actions that 

16 promote or discourage the adoption of a particular 

17 building energy code, code provision, or energy sav18 ings target to a State or Indian tribe. 

19 ‘‘(4) INFORMATION QUALITY AND TRANS20 PARENCY.—For purposes of this section, information 

21 provided by the Secretary, attendant to any technical 

22 assistance provided to a State or Indian tribe, is ‘in23 fluential information’ and shall satisfy the guidelines 

24 established by the Office of Management and Budget 
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1 and published at 67 Federal Register 8,452 (February 

2 22, 2002). 

3 ‘‘(f) FEDERAL SUPPORT.— 

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

5 support to States and Indian tribes— 

6 ‘‘(A) to implement the reporting require7 ments of this section; and 

8 ‘‘(B) to implement residential and commer9 cial building energy codes, including increasing 

10 and verifying compliance with the codes and 

11 training of State, tribal, and local building code 

12 officials to implement and enforce the codes. 

13 ‘‘(2) EXCLUSION.—Support shall not be given to 

14 support adoption and implementation of model build15 ing energy codes for which the Secretary has made a 

16 determination under section 307(g)(1)(C) that the 

17 code is not cost-effective. 

18 ‘‘(3) TRAINING.—Support shall be offered to 

19 States to train State and local building code officials 

20 to implement and enforce codes described in para21 graph (1)(B). 

22 ‘‘(4) LOCAL GOVERNMENTS.—States may work 

23 under this subsection with local governments that im24 plement and enforce codes described in paragraph 

25 (1)(B). 
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1 ‘‘(g) VOLUNTARY PROGRAMS TO EXCEED MODEL

2 BUILDING ENERGY CODE.— 

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

4 technical assistance, as described in subsection (e), for 

5 the development of voluntary programs that exceed the 

6 model building energy codes for residential and com7 mercial buildings for use as— 

8 ‘‘(A) voluntary incentive programs adopted 

9 by local, tribal, or State governments; and 

10 ‘‘(B) nonbinding guidelines for energy-effi11 cient building design. 

12 ‘‘(2) TARGETS.—The voluntary programs de13 scribed in paragraph (1) shall be designed— 

14 ‘‘(A) to achieve substantial energy savings 

15 compared to the model building energy codes; 

16 and 

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

18 available, up to 3 to 6 years in advance of the 

19 target years. 

20 ‘‘(h) STUDIES.— 

21 ‘‘(1) GAO STUDY.— 

22 ‘‘(A) IN GENERAL.—The Comptroller Gen23 eral of the United States shall conduct a study 

24 of the impacts of updating the national model 

25 building energy codes for residential and com-
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1 mercial buildings. In conducting the study, the 

2 Comptroller General shall consider and report, 

3 at a minimum— 

4 ‘‘(i) the actual energy consumption 

5 savings stemming from updated energy 

6 codes compared to the energy consumption 

7 savings predicted during code development; 

8 ‘‘(ii) the actual consumer cost savings 

9 stemming from updated energy codes com10 pared to predicted consumer cost savings; 

11 and 

12 ‘‘(iii) an accounting of expenditures of 

13 the Federal funds under each program au14 thorized by this title. 

15 ‘‘(B) REPORT TO CONGRESS.—Not later 

16 than 3 years after the date of enactment of the 

17 North American Energy Security and Infra18 structure Act of 2016, the Comptroller General of 

19 the United States shall submit a report to the 

20 Committee on Energy and Natural Resources of 

21 the Senate and the Committee on Energy and 

22 Commerce of the House of Representatives in23 cluding the study findings and conclusions. 

24 ‘‘(2) FEASIBILITY STUDY.—The Secretary, in 

25 consultation with building science experts from the 
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1 National Laboratories and institutions of higher edu2 cation, designers and builders of energy-efficient resi3 dential and commercial buildings, code officials, and 

4 other stakeholders, shall undertake a study of the fea5 sibility, impact, economics, and merit of— 

6 ‘‘(A) code improvements that would require 

7 that buildings be designed, sited, and constructed 

8 in a manner that makes the buildings more 

9 adaptable in the future to become zero-net-energy 

10 after initial construction, as advances are 

11 achieved in energy-saving technologies; 

12 ‘‘(B) code procedures to incorporate a ten13 year payback, not just first-year energy use, in 

14 trade-offs and performance calculations; and 

15 ‘‘(C) legislative options for increasing en16 ergy savings from building energy codes, includ17 ing additional incentives for effective State and 

18 local verification of compliance with and enforce19 ment of a code. 

20 ‘‘(3) ENERGY DATA IN MULTITENANT BUILD21 INGS.—The Secretary, in consultation with appro22 priate representatives of the utility, utility regulatory, 

23 building ownership, and other stakeholders, shall— 

24 ‘‘(A) undertake a study of best practices re25 garding delivery of aggregated energy consump-
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1 tion information to owners and managers of res2 idential and commercial buildings with multiple 

3 tenants and uses; and 

4 ‘‘(B) consider the development of a memo5 randum of understanding between and among 

6 affected stakeholders to reduce barriers to the de7 livery of aggregated energy consumption infor8 mation to such owners and managers. 

9 ‘‘(i) EFFECT ON OTHER LAWS.—Nothing in this sec10 tion or section 307 supersedes or modifies the application 

11 of sections 321 through 346 of the Energy Policy and Con12 servation Act (42 U.S.C. 6291 et seq.). 

13 ‘‘(j) FUNDING LIMITATIONS.—No Federal funds shall 

14 be— 

15 ‘‘(1) used to support actions by the Secretary, or 

16 States, to promote or discourage the adoption of a 

17 particular building energy code, code provision, or 

18 energy saving target to a State or Indian tribe; or 

19 ‘‘(2) provided to private third parties or non20 governmental organizations to engage in such activi21 ties.’’. 

22 (c) FEDERAL BUILDING ENERGY EFFICIENCY STAND23 ARDS.—Section 305 of the Energy Conservation and Pro24 duction Act (42 U.S.C. 6834) is amended by striking ‘‘vol-
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1 untary building energy code’’ in subsections (a)(2)(B) and 

2 (b) and inserting ‘‘model building energy code’’. 

3 (d) MODEL BUILDING ENERGY CODES.— 

4 (1) AMENDMENT.—Section 307 of the Energy 

5 Conservation and Production Act (42 U.S.C. 6836) is 

6 amended to read as follows: 

7 ‘‘SEC. 307. SUPPORT FOR MODEL BUILDING ENERGY CODES. 

8 ‘‘(a) IN GENERAL.—The Secretary shall provide tech9 nical assistance, as described in subsection (c), for updating 

10 of model building energy codes. 

11 ‘‘(b) TARGETS.— 

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

13 technical assistance, for updating the model building 

14 energy codes. 

15 ‘‘(2) TARGETS.— 

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

17 provide technical assistance to States, Indian 

18 tribes, local governments, nationally recognized 

19 code and standards developers, and other inter20 ested parties for updating of model building en21 ergy codes by establishing one or more aggregate 

22 energy savings targets through rulemaking in ac23 cordance with section 553 of title 5, United 

24 States Code, to achieve the purposes of this sec25 tion. 
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1 ‘‘(B) SEPARATE TARGETS.—Separate tar2 gets may be established for commercial and resi3 dential buildings. 

4 ‘‘(C) BASELINES.—The baseline for updat5 ing model building energy codes shall be the 

6 2009 IECC for residential buildings and 

7 ASHRAE Standard 90.1–2010 for commercial 

8 buildings. 

9 ‘‘(D) SPECIFIC YEARS.— 

10 ‘‘(i) IN GENERAL.—Targets for specific 

11 years shall be established and revised by the 

12 Secretary through rulemaking in accordance 

13 with section 553 of title 5, United States 

14 Code, and coordinated with nationally rec15 ognized code and standards developers at a 

16 level that— 

17 ‘‘(I) is at the maximum level of 

18 energy efficiency that is technically 

19 feasible and cost effective, while ac20 counting for the economic consider21 ations under paragraph (4); and 

22 ‘‘(II) promotes the achievement of 

23 commercial and residential high per24 formance buildings through high per25 formance energy efficiency (within the 
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1 meaning of section 401 of the Energy 

2 Independence and Security Act of 2007 

3 (42 U.S.C. 17061)). 

4 ‘‘(ii) INITIAL TARGETS.—Not later 

5 than 1 year after the date of enactment of 

6 this clause, the Secretary shall establish ini7 tial targets under this subparagraph. 

8 ‘‘(iii) DIFFERENT TARGET YEARS.— 

9 Subject to clause (i), prior to the applicable 

10 year, the Secretary may set a later target 

11 year for any of the model building energy 

12 codes described in subparagraph (A) if the 

13 Secretary determines that a target cannot 

14 be met. 

15 ‘‘(E) SMALL BUSINESS.—When establishing 

16 targets under this paragraph through rule17 making, the Secretary shall ensure compliance 

18 with the Small Business Regulatory Enforcement 

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

20 Law 104–121) for any indirect economic effect 

21 on small entities that is reasonably foreseeable 

22 and a result of such rule. 

23 ‘‘(3) APPLIANCE STANDARDS AND OTHER FAC24 TORS AFFECTING BUILDING ENERGY USE.—In estab25 lishing energy savings targets under paragraph (2), 
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1 the Secretary shall develop and adjust the targets in 

2 recognition of potential savings and costs relating 

3 to— 

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

5 lighting, windows, insulation, and building enve6 lope sealing; 

7 ‘‘(B) advancement of distributed generation 

8 and on-site renewable power generation tech9 nologies; 

10 ‘‘(C) equipment improvements for heating, 

11 cooling, and ventilation systems and water heat12 ing systems; 

13 ‘‘(D) building management systems and 

14 smart grid technologies to reduce energy use; and 

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

16 building systems regarding building plug load 

17 and other energy uses. 

18 In developing and adjusting the targets, the Secretary 

19 shall use climate zone weighted averages for equip20 ment efficiency for heating, cooling, ventilation, and 

21 water heating systems, using equipment that is actu22 ally installed. 

23 ‘‘(4) ECONOMIC CONSIDERATIONS.—In estab24 lishing and revising energy savings targets under 

25 paragraph (2), the Secretary shall consider the eco-
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1 nomic feasibility of achieving the proposed targets es2 tablished under this section and the potential costs 

3 and savings for consumers and building owners, by 

4 conducting a return on investment analysis, using a 

5 simple payback methodology over a 3-, 5-, and 7-year 

6 period. The Secretary shall not propose or provide 

7 technical or financial assistance for any code, provi8 sion in the code, or energy target, or amendment 

9 thereto, that has a payback greater than 10 years. 

10 ‘‘(c) TECHNICAL ASSISTANCE TO MODEL BUILDING

11 ENERGY CODE-SETTING AND STANDARD DEVELOPMENT

12 ORGANIZATIONS.— 

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

14 timely basis, provide technical assistance to model 

15 building energy code-setting and standard develop16 ment organizations consistent with the goals of this 

17 section. 

18 ‘‘(2) TECHNICAL ASSISTANCE.—The assistance 

19 shall include, as requested by the organizations, tech20 nical assistance in— 

21 ‘‘(A) evaluating the energy savings of build22 ing energy codes; 

23 ‘‘(B) assessing the economic considerations, 

24 under subsection (b)(4), of code or standards pro25 posals or revisions; 
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1 ‘‘(C) building energy analysis and design 

2 tools; 

3 ‘‘(D) energy simulation models; 

4 ‘‘(E) building demonstrations; 

5 ‘‘(F) developing definitions of energy use in6 tensity and building types for use in model 

7 building energy codes to evaluate the efficiency 

8 impacts of the model building energy codes; 

9 ‘‘(G) developing a performance-based path10 way for compliance; 

11 ‘‘(H) developing model building energy 

12 codes by Indian tribes in accordance with tribal 

13 law; and 

14 ‘‘(I) code development meetings, including 

15 through direct Federal employee participation in 

16 committee meetings, hearings and online commu17 nication, voting, and presenting research and 

18 technical or economic analyses during such meet19 ings. 

20 ‘‘(3) EXCLUSION.—Except as provided in para21 graph (2)(I), for purposes of this section, ‘technical 

22 assistance’ shall not include actions that promote or 

23 discourage the adoption of a particular building en24 ergy code, code provision, or energy savings target. 
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1 ‘‘(4) INFORMATION QUALITY AND TRANS2 PARENCY.—For purposes of this section, information 

3 provided by the Secretary, attendant to development 

4 of any energy savings targets, is influential informa5 tion and shall satisfy the guidelines established by the 

6 Office of Management and Budget and published at 

7 67 Federal Register 8,452 (February 22, 2002). 

8 ‘‘(d) AMENDMENT PROPOSALS.— 

9 ‘‘(1) IN GENERAL.—The Secretary may submit 

10 timely model building energy code amendment pro11 posals that are technically feasible, cost-effective, and 

12 technology-neutral to the model building energy code13 setting and standard development organizations, with 

14 supporting evidence, sufficient to enable the model 

15 building energy codes to meet the targets established 

16 under subsection (b)(2). 

17 ‘‘(2) PROCESS AND FACTORS.—All amendment 

18 proposals submitted by the Secretary shall be pub19 lished in the Federal Register and made available on 

20 the Department of Energy website 90 days prior to 

21 any submittal to a code development body, and shall 

22 be subject to a public comment period of not less than 

23 60 days. Information provided by the Secretary, at24 tendant to submission of any amendment proposals, 

25 is influential information and shall satisfy the guide-
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1 lines established by the Office of Management and 

2 Budget and published at 67 Federal Register 8,452 

3 (February 22, 2002). When calculating the costs and 

4 benefits of an amendment, the Secretary shall use cli5 mate zone weighted averages for equipment efficiency 

6 for heating, cooling, ventilation, and water heating 

7 systems, using equipment that is actually installed. 

8 ‘‘(e) ANALYSIS METHODOLOGY.—The Secretary shall 

9 make publicly available the entire calculation methodology 

10 (including input assumptions and data) used by the Sec11 retary to estimate the energy savings of code or standard 

12 proposals and revisions. 

13 ‘‘(f) METHODOLOGY DEVELOPMENT.—The Secretary 

14 shall establish a methodology for evaluating cost effective15 ness of energy code changes in multifamily buildings that 

16 incorporates economic parameters representative of typical 

17 multifamily buildings. 

18 ‘‘(g) DETERMINATION.— 

19 ‘‘(1) REVISION OF MODEL BUILDING ENERGY

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

21 Standard 90.1 regarding building energy use are re22 vised, the Secretary shall make a preliminary deter23 mination not later than 90 days after the date of the 

24 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— 

3 ‘‘(A) improves energy efficiency in buildings 

4 compared to the existing IECC or ASHRAE 

5 Standard 90.1, as applicable; 

6 ‘‘(B) meets the applicable targets under sub7 section (b)(2); and 

8 ‘‘(C) is technically feasible and cost-effec9 tive. 

10 ‘‘(2) CODES OR STANDARDS NOT MEETING CRI11 TERIA.— 

12 ‘‘(A) IN GENERAL.—If the Secretary makes 

13 a preliminary determination under paragraph 

14 (1)(B) that a revised IECC or ASHRAE Stand15 ard 90.1 does not meet the targets established 

16 under subsection (b)(2), is not technically fea17 sible, or is not cost-effective, the Secretary may 

18 at the same time provide technical assistance, as 

19 described in subsection (c), to the International 

20 Code Council or ASHRAE, as applicable, with 

21 proposed changes that would result in a model 

22 building energy code or standard that meets the 

23 criteria, and with supporting evidence. Proposed 

24 changes submitted by the Secretary shall be pub25 lished in the Federal Register and made avail-
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1 able on the Department of Energy website 90 

2 days prior to any submittal to a code develop3 ment body, and shall be subject to a public com4 ment period of not less than 60 days. Informa5 tion provided by the Secretary, attendant to sub6 mission of any amendment proposals, is influen7 tial information and shall satisfy the guidelines 

8 established by the Office of Management and 

9 Budget and published at 67 Federal Register 

10 8,452 (February 22, 2002). 

11 ‘‘(B) INCORPORATION OF CHANGES.— 

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

13 technical assistance, as described in sub14 section (c), the International Code Council 

15 or ASHRAE, as applicable, shall, prior to 

16 the Secretary making a final determination 

17 under paragraph (1), have an additional 

18 270 days to accept or reject the proposed 

19 changes made by the Secretary to the model 

20 building energy code or standard. 

21 ‘‘(ii) FINAL DETERMINATION.—A final 

22 determination under paragraph (1) shall be 

23 on the final revised model building energy 

24 code or standard. 
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1 ‘‘(h) ADMINISTRATION.—In carrying out this section, 

2 the Secretary shall— 

3 ‘‘(1) publish notice of targets, amendment pro4 posals and supporting analysis and determinations 

5 under this section in the Federal Register to provide 

6 an explanation of and the basis for such actions, in7 cluding any supporting modeling, data, assumptions, 

8 protocols, and cost-benefit analysis, including return 

9 on investment; 

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

11 on targets and supporting analysis and determina12 tions under this section, in accordance with section 

13 553 of title 5, United States Code; and 

14 ‘‘(3) provide an opportunity for public comment 

15 on amendment proposals. 

16 ‘‘(i) VOLUNTARY CODES AND STANDARDS.—Not with17 standing any other provision of this section, any model 

18 building code or standard established under this section 

19 shall not be binding on a State, local government, or Indian 

20 tribe as a matter of Federal law.’’. 

21 (2) CONFORMING AMENDMENT.—The item relat22 ing to section 307 in the table of contents for the En23 ergy Conservation and Production Act is amended to 

24 read as follows: 

‘‘Sec. 307. Support for model building energy codes.’’. 
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1 SEC. 3142. VOLUNTARY NATURE OF BUILDING ASSET RAT2 ING PROGRAM. 

3 (a) IN GENERAL.—Any program of the Secretary of 

4 Energy that may enable the owner of a commercial building 

5 or a residential building to obtain a rating, score, or label 

6 regarding the actual or anticipated energy usage or per7 formance of a building shall be made available on a vol8 untary, optional, and market-driven basis. 

9 (b) DISCLAIMER AS TO REGULATORY INTENT.—Infor10 mation disseminated by the Secretary of Energy regarding 

11 the program described in subsection (a), including any in12 formation made available by the Secretary on a website, 

13 shall include language plainly stating that such program 

14 is not developed or intended to be the basis for a regulatory 

15 program by a Federal, State, local, or municipal govern16 ment body. 

17 CHAPTER 5—EPCA TECHNICAL 

18 CORRECTIONS AND CLARIFICATIONS 

19 SEC. 3151. MODIFYING PRODUCT DEFINITIONS. 

20 (a) AUTHORITY TO MODIFY DEFINITIONS.— 

21 (1) COVERED PRODUCTS.—Section 322 of the 

22 Energy Policy and Conservation Act (42 U.S.C. 

23 6292) is amended by adding at the end the following: 

24 ‘‘(c) MODIFYING DEFINITIONS OF COVERED PROD25 UCTS.— 
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1 ‘‘(1) IN GENERAL.—For any covered product for 

2 which a definition is provided in section 321, the Sec3 retary may, by rule, unless prohibited herein, modify 

4 such definition in order to— 

5 ‘‘(A) address significant changes in the 

6 product or the market occurring since the defini7 tion was established; and 

8 ‘‘(B) better enable improvements in the en9 ergy efficiency of the product as part of an en10 ergy using system. 

11 ‘‘(2) ANTIBACKSLIDING EXEMPTION.—Section 

12 325(o)(1) shall not apply to adjustments to covered 

13 product definitions made pursuant to this subsection. 

14 ‘‘(3) PROCEDURE FOR MODIFYING DEFINITION.— 

15 ‘‘(A) IN GENERAL.—Notice of any adjust16 ment to the definition of a covered product and 

17 an explanation of the reasons therefor shall be 

18 published in the Federal Register and oppor19 tunity provided for public comment. 

20 ‘‘(B) CONSENSUS REQUIRED.—Any amend21 ment to the definition of a covered product under 

22 this subsection must have consensus support, as 

23 reflected in— 

24 ‘‘(i) the outcome of negotiations con25 ducted in accordance with the subchapter 
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1 III of chapter 5 of title 5, United States 

2 Code (commonly known as the ‘Negotiated 

3 Rulemaking Act of 1990’); or 

4 ‘‘(ii) the Secretary’s receipt of a state5 ment that is submitted jointly by interested 

6 persons that are fairly representative of rel7 evant points of view (including representa8 tives of manufacturers of covered products, 

9 States, and efficiency advocates), as deter10 mined by the Secretary, which contains a 

11 recommended modified definition for a cov12 ered product. 

13 ‘‘(4) EFFECT OF A MODIFIED DEFINITION.— 

14 ‘‘(A) IN GENERAL.—For any type or class 

15 of consumer product which becomes a covered 

16 product pursuant to this subsection— 

17 ‘‘(i) the Secretary may establish test 

18 procedures for such type or class of covered 

19 product pursuant to section 323 and energy 

20 conservation standards pursuant to section 

21 325(l); 

22 ‘‘(ii) the Commission may prescribe la23 beling rules pursuant to section 324 if the 

24 Commission determines that labeling in ac25 cordance with that section is technologically 
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1 and economically feasible and likely to as2 sist consumers in making purchasing deci3 sions; 

4 ‘‘(iii) section 327 shall begin to apply 

5 to such type or class of covered product in 

6 accordance with section 325(ii)(1); and 

7 ‘‘(iv) standards previously promul8 gated under section 325 shall not apply to 

9 such type or class of product. 

10 ‘‘(B) APPLICABILITY.—For any type or 

11 class of consumer product which ceases to be a 

12 covered product pursuant to this subsection, the 

13 provisions of this part shall no longer apply to 

14 the type or class of consumer product.’’. 

15 (2) COVERED EQUIPMENT.—Section 341 of the 

16 Energy Policy and Conservation Act (42 U.S.C. 

17 6312) is amended by adding at the end the following: 

18 ‘‘(d) MODIFYING DEFINITIONS OF COVERED EQUIP19 MENT.— 

20 ‘‘(1) IN GENERAL.—For any covered equipment 

21 for which a definition is provided in section 340, the 

22 Secretary may, by rule, unless prohibited herein, 

23 modify such definition in order to— 
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1 ‘‘(A) address significant changes in the 

2 product or the market occurring since the defini3 tion was established; and 

4 ‘‘(B) better enable improvements in the en5 ergy efficiency of the equipment as part of an en6 ergy using system. 

7 ‘‘(2) ANTIBACKSLIDING EXEMPTION.—Section 

8 325(o)(1) shall not apply to adjustments to covered 

9 equipment definitions made pursuant to this sub10 section. 

11 ‘‘(3) PROCEDURE FOR MODIFYING DEFINITION.— 

12 ‘‘(A) IN GENERAL.—Notice of any adjust13 ment to the definition of a type of covered equip14 ment and an explanation of the reasons therefor 

15 shall be published in the Federal Register and 

16 opportunity provided for public comment. 

17 ‘‘(B) CONSENSUS REQUIRED.—Any amend18 ment to the definition of a type of covered equip19 ment under this subsection must have consensus 

20 support, as reflected in— 

21 ‘‘(i) the outcome of negotiations con22 ducted in accordance with the subchapter 

23 III of chapter 5 of title 5, United States 

24 Code (commonly known as the ‘Negotiated 

25 Rulemaking Act of 1990’); or 
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1 ‘‘(ii) the Secretary’s receipt of a state2 ment that is submitted jointly by interested 

3 persons that are fairly representative of rel4 evant points of view (including representa5 tives of manufacturers of covered equipment, 

6 States, and efficiency advocates), as deter7 mined by the Secretary, which contains a 

8 recommended modified definition for a type 

9 of covered equipment. 

10 ‘‘(4) EFFECT OF A MODIFIED DEFINITION.— 

11 ‘‘(A) For any type or class of equipment 

12 which becomes covered equipment pursuant to 

13 this subsection— 

14 ‘‘(i) the Secretary may establish test 

15 procedures for such type or class of covered 

16 equipment pursuant to section 343 and en17 ergy conservation standards pursuant to 

18 section 325(l); 

19 ‘‘(ii) the Secretary may prescribe label20 ing rules pursuant to section 344 if the Sec21 retary determines that labeling in accord22 ance with that section is technologically and 

23 economically feasible and likely to assist 

24 purchasers in making purchasing decisions; 
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1 ‘‘(iii) section 327 shall begin to apply 

2 to such type or class of covered equipment 

3 in accordance with section 325(ii)(1); and 

4 ‘‘(iv) standards previously promul5 gated under section 325, 342, or 346 shall 

6 not apply to such type or class of covered 

7 equipment. 

8 ‘‘(B) For any type or class of equipment 

9 which ceases to be covered equipment pursuant to 

10 this subsection the provisions of this part shall 

11 no longer apply to the type or class of equip12 ment.’’. 

13 (b) CONFORMING AMENDMENTS PROVIDING FOR JUDI14 CIAL REVIEW.— 

15 (1) Section 336 of the Energy Policy and Con16 servation Act (42 U.S.C. 6306) is amended by strik17 ing ‘‘section 323,’’ each place it appears and inserting 

18 ‘‘section 322, 323,’’; and 

19 (2) Section 345(a)(1) of the Energy Policy and 

20 Conservation Act (42 U.S.C. 6316(a)(1)) is amended 

21 to read as follows: 

22 ‘‘(1) the references to sections 322, 323, 324, and 

23 325 of this Act shall be considered as references to sec24 tions 341, 343, 344, and 342 of this Act, respec25 tively;’’. 
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1 SEC. 3152. CLARIFYING RULEMAKING PROCEDURES. 

2 (a) COVERED PRODUCTS.—Section 325(p) of the En3 ergy Policy and Conservation Act (42 U.S.C. 6295(p)) is 

4 amended— 

5 (1) by redesignating paragraphs (1), (2), (3), 

6 and (4) as paragraphs (2), (3), (5), and (6), respec7 tively; 

8 (2) by inserting before paragraph (2) (as so re9 designated by paragraph (1) of this subsection) the 

10 following: 

11 ‘‘(1) The Secretary shall provide an opportunity 

12 for public input prior to the issuance of a proposed 

13 rule, seeking information— 

14 ‘‘(A) identifying and commenting on design 

15 options; 

16 ‘‘(B) on the existence of and opportunities 

17 for voluntary nonregulatory actions; and 

18 ‘‘(C) identifying significant subgroups of 

19 consumers and manufacturers that merit anal20 ysis.’’; 

21 (3) in paragraph (3) (as so redesignated by 

22 paragraph (1) of this subsection)— 

23 (A) in subparagraph (C), by striking ‘‘and’’ 

24 after ‘‘adequate;’’; 

25 (B) in subparagraph (D), by striking 

26 ‘‘standard.’’ and inserting ‘‘standard;’’; and 
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1 (C) by adding at the end the following new 

2 subparagraphs: 

3 ‘‘(E) whether the technical and economic 

4 analytical assumptions, methods, and models 

5 used to justify the standard to be prescribed 

6 are— 

7 ‘‘(i) justified; and 

8 ‘‘(ii) available and accessible for public 

9 review, analysis, and use; and 

10 ‘‘(F) the cumulative regulatory impacts on 

11 the manufacturers of the product, taking into ac12 count— 

13 ‘‘(i) other government standards affect14 ing energy use; and 

15 ‘‘(ii) other energy conservation stand16 ards affecting the same manufacturers.’’; 

17 and 

18 (4) by inserting after paragraph (3) (as so redes19 ignated by paragraph (1) of this subsection) the fol20 lowing: 

21 ‘‘(4) RESTRICTION ON TEST PROCEDURE AMEND22 MENTS.— 

23 ‘‘(A) IN GENERAL.—Any proposed energy 

24 conservation standards rule shall be based on the 

25 final test procedure which shall be used to deter-
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1 mine compliance, and the public comment period 

2 on the proposed standards shall conclude no 

3 sooner than 180 days after the date of publica4 tion of a final rule revising the test procedure. 

5 ‘‘(B) EXCEPTION.—The Secretary may pro6 pose or prescribe an amendment to the test pro7 cedures issued pursuant to section 323 for any 

8 type or class of covered product after the 

9 issuance of a notice of proposed rulemaking to 

10 prescribe an amended or new energy conserva11 tion standard for that type or class of covered 

12 product, but before the issuance of a final rule 

13 prescribing any such standard, if— 

14 ‘‘(i) the amendments to the test proce15 dure have consensus support achieved 

16 through a rulemaking conducted in accord17 ance with the subchapter III of chapter 5 of 

18 title 5, United States Code (commonly 

19 known as the ‘Negotiated Rulemaking Act of 

20 1990’); or 

21 ‘‘(ii) the Secretary receives a statement 

22 that is submitted jointly by interested per23 sons that are fairly representative of rel24 evant points of view (including representa25 tives of manufacturers of the type or class 
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1 of covered product, States, and efficiency 

2 advocates), as determined by the Secretary, 

3 which contains a recommendation that a 

4 supplemental notice of proposed rulemaking 

5 is not necessary for the type or class of cov6 ered product.’’. 

7 (b) CONFORMING AMENDMENT.—Section 345(b)(1) of 

8 the Energy Policy and Conservation Act (42 U.S.C. 

9 6316(b)(1)) is amended by striking ‘‘section 325(p)(4),’’ 

10 and inserting ‘‘section 325(p)(3), (4), and (6),’’. 

11 CHAPTER 6—ENERGY AND WATER 

12 EFFICIENCY 

13 SEC. 3161. SMART ENERGY AND WATER EFFICIENCY PILOT 

14 PROGRAM. 

15 (a) DEFINITIONS.—In this section: 

16 (1) ELIGIBLE ENTITY.—The term ‘‘eligible enti17 ty’’ means— 

18 (A) a utility; 

19 (B) a municipality; 

20 (C) a water district; and 

21 (D) any other authority that provides 

22 water, wastewater, or water reuse services. 

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

24 the Secretary of Energy. 
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1 (3) SMART ENERGY AND WATER EFFICIENCY

2 PILOT PROGRAM.—The term ‘‘smart energy and water 

3 efficiency pilot program’’ or ‘‘pilot program’’ means 

4 the pilot program established under subsection (b). 

5 (b) SMART ENERGY AND WATER EFFICIENCY PILOT

6 PROGRAM.— 

7 (1) IN GENERAL.—The Secretary shall establish 

8 and carry out a smart energy and water efficiency 

9 management pilot program in accordance with this 

10 section. 

11 (2) PURPOSE.—The purpose of the smart energy 

12 and water efficiency pilot program is to award grants 

13 to eligible entities to demonstrate advanced and inno14 vative technology-based solutions that will— 

15 (A) increase and improve the energy effi16 ciency of water, wastewater, and water reuse sys17 tems to help communities across the United 

18 States make significant progress in conserving 

19 water, saving energy, and reducing costs; 

20 (B) support the implementation of innova21 tive processes and the installation of advanced 

22 automated systems that provide real-time data 

23 on energy and water; and 

24 (C) improve energy and water conservation, 

25 water quality, and predictive maintenance of en-
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1 ergy and water systems, through the use of Inter2 net-connected technologies, including sensors, in3 telligent gateways, and security embedded in 

4 hardware. 

5 (3) PROJECT SELECTION.— 

6 (A) IN GENERAL.—The Secretary shall 

7 make competitive, merit-reviewed grants under 

8 the pilot program to not less than 3, but not 

9 more than 5, eligible entities. 

10 (B) SELECTION CRITERIA.—In selecting an 

11 eligible entity to receive a grant under the pilot 

12 program, the Secretary shall consider— 

13 (i) energy and cost savings anticipated 

14 to result from the project; 

15 (ii) the innovative nature, commercial 

16 viability, and reliability of the technology to 

17 be used; 

18 (iii) the degree to which the project in19 tegrates next-generation sensors, software, 

20 hardware, analytics, and management tools; 

21 (iv) the anticipated cost effectiveness of 

22 the pilot project in terms of energy effi23 ciency savings, water savings or reuse, and 

24 infrastructure costs averted; 
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1 (v) whether the technology can be de2 ployed in a variety of geographic regions 

3 and the degree to which the technology can 

4 be implemented on a smaller or larger scale, 

5 including whether the technology can be im6 plemented by each type of eligible entity; 

7 (vi) whether the technology has been 

8 successfully deployed elsewhere; 

9 (vii) whether the technology is sourced 

10 from a manufacturer based in the United 

11 States; and 

12 (viii) whether the project will be com13 pleted in 5 years or less. 

14 (C) APPLICATIONS.— 

15 (i) IN GENERAL.—Subject to clause 

16 (ii), an eligible entity seeking a grant under 

17 the pilot program shall submit to the Sec18 retary an application at such time, in such 

19 manner, and containing such information 

20 as the Secretary determines to be necessary. 

21 (ii) CONTENTS.—An application under 

22 clause (i) shall, at a minimum, include— 

23 (I) a description of the project; 

24 (II) a description of the tech25 nology to be used in the project; 
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1 (III) the anticipated results, in2 cluding energy and water savings, of 

3 the project; 

4 (IV) a comprehensive budget for 

5 the project; 

6 (V) the names of the project lead 

7 organization and any partners; 

8 (VI) the number of users to be 

9 served by the project; and 

10 (VII) any other information that 

11 the Secretary determines to be nec12 essary to complete the review and selec13 tion of a grant recipient. 

14 (4) ADMINISTRATION.— 

15 (A) IN GENERAL.—Not later than 300 days 

16 after the date of enactment of this Act, the Sec17 retary shall select grant recipients under this sec18 tion. 

19 (B) EVALUATIONS.—The Secretary shall an20 nually carry out an evaluation of each project 

21 for which a grant is provided under this section 

22 that— 

23 (i) evaluates the progress and impact 

24 of the project; and 
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1 (ii) assesses the degree to which the 

2 project is meeting the goals of the pilot pro3 gram. 

4 (C) TECHNICAL AND POLICY ASSISTANCE.— 

5 On the request of a grant recipient, the Secretary 

6 shall provide technical and policy assistance to 

7 the grant recipient to carry out the project. 

8 (D) BEST PRACTICES.—The Secretary shall 

9 make available to the public— 

10 (i) a copy of each evaluation carried 

11 out under subparagraph (B); and 

12 (ii) a description of any best practices 

13 identified by the Secretary as a result of 

14 those evaluations. 

15 (E) REPORT TO CONGRESS.—The Secretary 

16 shall submit to Congress a report containing the 

17 results of each evaluation carried out under sub18 paragraph (B). 

19 (c) FUNDING.—To carry out this section, the Secretary 

20 is authorized to use not more than $15,000,000, to the ex21 tent provided in advance in appropriation Acts. 

22 SEC. 3162. WATERSENSE. 

23 (a) IN GENERAL.—The Energy Policy and Conserva24 tion Act (42 U.S.C. 6201 et seq.) is amended by adding 

25 after section 324A the following: 
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1 ‘‘SEC. 324B. WATERSENSE. 

2 ‘‘(a) WATERSENSE.— 

3 ‘‘(1) IN GENERAL.—There is established within 

4 the Environmental Protection Agency a voluntary 

5 program, to be entitled ‘WaterSense’, to identify 

6 water efficient products, buildings, landscapes, facili7 ties, processes, and services that sensibly— 

8 ‘‘(A) reduce water use; 

9 ‘‘(B) reduce the strain on public and com10 munity water systems and wastewater and 

11 stormwater infrastructure; 

12 ‘‘(C) conserve energy used to pump, heat, 

13 transport, and treat water; and 

14 ‘‘(D) preserve water resources for future 

15 generations, through voluntary labeling of, or 

16 other forms of communications about, products, 

17 buildings, landscapes, facilities, processes, and 

18 services while still meeting strict performance 

19 criteria. 

20 ‘‘(2) DUTIES.—The Administrator, coordinating 

21 as appropriate with the Secretary of Energy, shall— 

22 ‘‘(A) establish— 

23 ‘‘(i) a WaterSense label to be used for 

24 items meeting the certification criteria es25 tablished in this section; and 
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1 ‘‘(ii) the procedure, including the 

2 methods and means, by which an item may 

3 be certified to display the WaterSense label; 

4 ‘‘(B) conduct a public awareness education 

5 campaign regarding the WaterSense label; 

6 ‘‘(C) preserve the integrity of the 

7 WaterSense label by— 

8 ‘‘(i) establishing and maintaining fea9 sible performance criteria so that products, 

10 buildings, landscapes, facilities, processes, 

11 and services labeled with the WaterSense 

12 label perform as well or better than less 

13 water-efficient counterparts; 

14 ‘‘(ii) overseeing WaterSense certifi15 cations made by third parties; 

16 ‘‘(iii) using testing protocols, from the 

17 appropriate, applicable, and relevant con18 sensus standards, for the purpose of deter19 mining standards compliance; and 

20 ‘‘(iv) auditing the use of the 

21 WaterSense label in the marketplace and 

22 preventing cases of misuse; and 

23 ‘‘(D) not more often than every six years, 

24 review and, if appropriate, update WaterSense 

25 criteria for the defined categories of water-effi-
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1 cient product, building, landscape, process, or 

2 service, including— 

3 ‘‘(i) providing reasonable notice to in4 terested parties and the public of any such 

5 changes, including effective dates, and an 

6 explanation of the changes; 

7 ‘‘(ii) soliciting comments from inter8 ested parties and the public prior to any 

9 such changes; 

10 ‘‘(iii) as appropriate, responding to 

11 comments submitted by interested parties 

12 and the public; and 

13 ‘‘(iv) providing an appropriate transi14 tion time prior to the applicable effective 

15 date of any such changes, taking into ac16 count the timing necessary for the manufac17 ture, marketing, training, and distribution 

18 of the specific water-efficient product, build19 ing, landscape, process, or service category 

20 being addressed. 

21 ‘‘(b) USE OF SCIENCE.—In carrying out this section, 

22 and, to the degree that an agency action is based on science, 

23 the Administrator shall use— 
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1 ‘‘(1) the best available peer-reviewed science and 

2 supporting studies conducted in accordance with 

3 sound and objective scientific practices; and 

4 ‘‘(2) data collected by accepted methods or best 

5 available methods (if the reliability of the method and 

6 the nature of the decision justify use of the data). 

7 ‘‘(c) DISTINCTION OF AUTHORITIES.—In setting or 

8 maintaining standards for Energy Star pursuant to section 

9 324A, and WaterSense under this section, the Secretary and 

10 Administrator shall coordinate to prevent duplicative or 

11 conflicting requirements among the respective programs. 

12 ‘‘(d) DEFINITIONS.—In this section: 

13 ‘‘(1) ADMINISTRATOR.—The term ‘Adminis14 trator’ means the Administrator of the Environ15 mental Protection Agency. 

16 ‘‘(2) FEASIBLE.—The term ‘feasible’ means fea17 sible with the use of the best technology, treatment 

18 techniques, and other means that the Administrator 

19 finds, after examination for efficacy under field con20 ditions and not solely under laboratory conditions, 

21 are available (taking cost into consideration). 

22 ‘‘(3) SECRETARY.—The term ‘Secretary’ means 

23 the Secretary of Energy. 

24 ‘‘(4) WATER-EFFICIENT PRODUCT, BUILDING, 

25 LANDSCAPE, PROCESS, OR SERVICE.—The term 
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1 ‘water-efficient product, building, landscape, process, 

2 or service’ means a product, building, landscape, 

3 process, or service for a residence or a commercial or 

4 institutional building, or its landscape, that is rated 

5 for water efficiency and performance, the covered cat6 egories of which are— 

7 ‘‘(A) irrigation technologies and services; 

8 ‘‘(B) point-of-use water treatment devices; 

9 ‘‘(C) plumbing products; 

10 ‘‘(D) reuse and recycling technologies; 

11 ‘‘(E) landscaping and gardening products, 

12 including moisture control or water enhancing 

13 technologies; 

14 ‘‘(F) xeriscaping and other landscape con15 versions that reduce water use; and 

16 ‘‘(G) new water efficient homes certified 

17 under the WaterSense program.’’. 

18 (b) CONFORMING AMENDMENT.—The table of contents 

19 for the Energy Policy and Conservation Act (Public Law 

20 94–163; 42 U.S.C. 6201 et seq.) is amended by inserting 

21 after the item relating to section 324A the following new 

22 item: 

‘‘Sec. 324B. WaterSense.’’. 
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1 Subtitle B—Accountability 

2 CHAPTER 1—MARKET MANIPULATION, 

3 ENFORCEMENT, AND COMPLIANCE 

4 SEC. 3211. FERC OFFICE OF COMPLIANCE ASSISTANCE AND 

5 PUBLIC PARTICIPATION. 

6 Section 319 of the Federal Power Act (16 U.S.C. 825q– 

7 1) is amended to read as follows: 

8 ‘‘SEC. 319. OFFICE OF COMPLIANCE ASSISTANCE AND PUB9 LIC PARTICIPATION. 

10 ‘‘(a) ESTABLISHMENT.—There is established within 

11 the Commission an Office of Compliance Assistance and 

12 Public Participation (referred to in this section as the ‘Of13 fice’). The Office shall be headed by a Director. 

14 ‘‘(b) DUTIES OF DIRECTOR.— 

15 ‘‘(1) IN GENERAL.—The Director of the Office 

16 shall promote improved compliance with Commission 

17 rules and orders by— 

18 ‘‘(A) making recommendations to the Com19 mission regarding— 

20 ‘‘(i) the protection of consumers; 

21 ‘‘(ii) market integrity and support for 

22 the development of responsible market be23 havior; 
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1 ‘‘(iii) the application of Commission 

2 rules and orders in a manner that ensures 

3 that— 

4 ‘‘(I) rates and charges for, or in 

5 connection with, the transmission or 

6 sale of electric energy subject to the ju7 risdiction of the Commission shall be 

8 just and reasonable and not unduly 

9 discriminatory or preferential; and 

10 ‘‘(II) markets for such trans11 mission and sale of electric energy are 

12 not impaired and consumers are not 

13 damaged; and 

14 ‘‘(iv) the impact of existing and pro15 posed Commission rules and orders on 

16 small entities, as defined in section 601 of 

17 title 5, United States Code (commonly 

18 known as the Regulatory Flexibility Act); 

19 ‘‘(B) providing entities subject to regulation 

20 by the Commission the opportunity to obtain 

21 timely guidance for compliance with Commis22 sion rules and orders; and 

23 ‘‘(C) providing information to the Commis24 sion and Congress to inform policy with respect 
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1 to energy issues under the jurisdiction of the 

2 Commission. 

3 ‘‘(2) REPORTS AND GUIDANCE.—The Director 

4 shall, as the Director determines appropriate, issue 

5 reports and guidance to the Commission and to enti6 ties subject to regulation by the Commission, regard7 ing market practices, proposing improvements in 

8 Commission monitoring of market practices, and ad9 dressing potential improvements to both industry and 

10 Commission practices. 

11 ‘‘(3) OUTREACH.—The Director shall promote 

12 improved compliance with Commission rules and or13 ders through outreach, publications, and, where ap14 propriate, direct communication with entities regu15 lated by the Commission.’’. 

16 CHAPTER 2—MARKET REFORMS 

17 SEC. 3221. GAO STUDY ON WHOLESALE ELECTRICITY MAR18 KETS. 

19 (a) STUDY AND REPORT.—Not later than 1 year after 

20 the date of enactment of this Act, the Comptroller General 

21 shall submit to the Committee on Energy and Commerce 

22 of the House of Representatives and the Committee on En23 ergy and Natural Resources of the Senate a report describ24 ing the results of a study of whether and how the current 

25 market rules, practices, and structures of each regional 
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1 transmission entity produce rates that are just and reason2 able by— 

3 (1) facilitating fuel diversity, the availability of 

4 generation resources during emergency and severe 

5 weather conditions, resource adequacy, and reli6 ability, including the cost-effective retention and de7 velopment of needed generation; 

8 (2) promoting the equitable treatment of business 

9 models, including different utility types, the integra10 tion of diverse generation resources, and advanced 

11 grid technologies; 

12 (3) identifying and addressing regulatory bar13 riers to entry, market-distorting incentives, and arti14 ficial constraints on competition; 

15 (4) providing transparency regarding dispatch 

16 decisions, including the need for out-of-market actions 

17 and payments, and the accuracy of day-ahead unit 

18 commitments; 

19 (5) facilitating the development of necessary nat20 ural gas pipeline and electric transmission infra21 structure; 

22 (6) ensuring fairness and transparency in gov23 ernance structures and stakeholder processes, includ24 ing meaningful participation by both voting and non25 voting stakeholder representatives; 
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1 (7) ensuring the proper alignment of the energy 

2 and transmission markets by including both energy 

3 and financial transmission rights in the day-ahead 

4 markets; 

5 (8) facilitating the ability of load-serving entities 

6 to self-supply their service territory load; 

7 (9) considering, as appropriate, State and local 

8 resource planning; and 

9 (10) mitigating, to the extent practicable, the 

10 disruptive effects of tariff revisions on the economic 

11 decisionmaking of market participants. 

12 (b) DEFINITIONS.—In this section: 

13 (1) LOAD-SERVING ENTITY.—The term ‘‘load14 serving entity’’ has the meaning given that term in 

15 section 217 of the Federal Power Act (16 U.S.C. 

16 824q). 

17 (2) REGIONAL TRANSMISSION ENTITY.—The term 

18 ‘‘regional transmission entity’’ means a Regional 

19 Transmission Organization or an Independent Sys20 tem Operator, as such terms are defined in section 3 

21 of the Federal Power Act (16 U.S.C. 796). 

22 SEC. 3222. CLARIFICATION OF FACILITY MERGER AUTHOR23 IZATION. 

24 Section 203(a)(1)(B) of the Federal Power Act (16 

25 U.S.C. 824b(a)(1)(B)) is amended by striking ‘‘such facili-
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1 ties or any part thereof’’ and inserting ‘‘such facilities, or 

2 any part thereof, of a value in excess of $10,000,000’’. 

3 CHAPTER 3—CODE MAINTENANCE 

4 SEC. 3231. REPEAL OF OFF-HIGHWAY MOTOR VEHICLES 

5 STUDY. 

6 (a) REPEAL.—Part I of title III of the Energy Policy 

7 and Conservation Act (42 U.S.C. 6373) is repealed. 

8 (b) CONFORMING AMENDMENT.—The table of contents 

9 for the Energy Policy and Conservation Act (Public Law 

10 94–163; 89 Stat. 871) is amended— 

11 (1) by striking the item relating to part I of title 

12 III; and 

13 (2) by striking the item relating to section 385. 

14 SEC. 3232. REPEAL OF METHANOL STUDY. 

15 Section 400EE of the Energy Policy and Conservation 

16 Act (42 U.S.C. 6374d) is amended— 

17 (1) by striking subsection (a); and 

18 (2) by redesignating subsections (b) and (c) as 

19 subsections (a) and (b), respectively. 

20 SEC. 3233. REPEAL OF RESIDENTIAL ENERGY EFFICIENCY 

21 STANDARDS STUDY. 

22 (a) REPEAL.—Section 253 of the National Energy 

23 Conservation Policy Act (42 U.S.C. 8232) is repealed. 

24 (b) CONFORMING AMENDMENT.—The table of contents 

25 for the National Energy Conservation Policy Act (Public 
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1 Law 95–619; 92 Stat. 3206) is amended by striking the 

2 item relating to section 253. 

3 SEC. 3234. REPEAL OF WEATHERIZATION STUDY. 

4 (a) REPEAL.—Section 254 of the National Energy 

5 Conservation Policy Act (42 U.S.C. 8233) is repealed. 

6 (b) CONFORMING AMENDMENT.—The table of contents 

7 for the National Energy Conservation Policy Act (Public 

8 Law 95–619; 92 Stat. 3206) is amended by striking the 

9 item relating to section 254. 

10 SEC. 3235. REPEAL OF REPORT TO CONGRESS. 

11 (a) REPEAL.—Section 273 of the National Energy 

12 Conservation Policy Act (42 U.S.C. 8236b) is repealed. 

13 (b) CONFORMING AMENDMENT.—The table of contents 

14 for the National Energy Conservation Policy Act (Public 

15 Law 95–619; 92 Stat. 3206) is amended by striking the 

16 item relating to section 273. 

17 SEC. 3236. REPEAL OF REPORT BY GENERAL SERVICES AD18 MINISTRATION. 

19 (a) REPEAL.—Section 154 of the Energy Policy Act 

20 of 1992 (42 U.S.C. 8262a) is repealed. 

21 (b) CONFORMING AMENDMENTS.— 

22 (1) The table of contents for the Energy Policy 

23 Act of 1992 (Public Law 102–486; 106 Stat. 2776) is 

24 amended by striking the item relating to section 154. 
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1 (2) Section 159 of the Energy Policy Act of 1992 

2 (42 U.S.C. 8262e) is amended by striking subsection 

3 (c). 

4 SEC. 3237. REPEAL OF INTERGOVERNMENTAL ENERGY MAN5 AGEMENT PLANNING AND COORDINATION 

6 WORKSHOPS. 

7 (a) REPEAL.—Section 156 of the Energy Policy Act 

8 of 1992 (42 U.S.C. 8262b) is repealed. 

9 (b) CONFORMING AMENDMENT.—The table of contents 

10 for the Energy Policy Act of 1992 (Public Law 102–486; 

11 106 Stat. 2776) is amended by striking the item relating 

12 to section 156. 

13 SEC. 3238. REPEAL OF INSPECTOR GENERAL AUDIT SURVEY 

14 AND PRESIDENT’S COUNCIL ON INTEGRITY 

15 AND EFFICIENCY REPORT TO CONGRESS. 

16 (a) REPEAL.—Section 160 of the Energy Policy Act 

17 of 1992 (42 U.S.C. 8262f) is amended by striking the sec18 tion designation and heading and all that follows through 

19 ‘‘(c) INSPECTOR GENERAL REVIEW.—Each Inspector Gen20 eral’’ and inserting the following: 

21 ‘‘SEC. 160. INSPECTOR GENERAL REVIEW. 

22 ‘‘Each Inspector General’’. 

23 (b) CONFORMING AMENDMENT.—The table of contents 

24 for the Energy Policy Act of 1992 (Public Law 102–486; 
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1 106 Stat. 2776) is amended by striking the item relating 

2 to section 160 and inserting the following: 

‘‘Sec. 160. Inspector General review.’’. 

3 SEC. 3239. REPEAL OF PROCUREMENT AND IDENTIFICA4 TION OF ENERGY EFFICIENT PRODUCTS PRO5 GRAM. 

6 (a) REPEAL.—Section 161 of the Energy Policy Act 

7 of 1992 (42 U.S.C. 8262g) is repealed. 

8 (b) CONFORMING AMENDMENT.—The table of contents 

9 for the Energy Policy Act of 1992 (Public Law 102–486; 

10 106 Stat. 2776) is amended by striking the item relating 

11 to section 161. 

12 SEC. 3240. REPEAL OF NATIONAL ACTION PLAN FOR DE13 MAND RESPONSE. 

14 (a) REPEAL.—Part 5 of title V of the National Energy 

15 Conservation Policy Act (42 U.S.C. 8279) is repealed. 

16 (b) CONFORMING AMENDMENT.—The table of contents 

17 for the National Energy Conservation Policy Act (Public 

18 Law 95–619; 92 Stat. 3206; 121 Stat. 1665) is amended— 

19 (1) by striking the item relating to part 5 of title 

20 V; and 

21 (2) by striking the item relating to section 571. 

22 SEC. 3241. REPEAL OF NATIONAL COAL POLICY STUDY. 

23 (a) REPEAL.—Section 741 of the Powerplant and In24 dustrial Fuel Use Act of 1978 (42 U.S.C. 8451) is repealed. 
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1 (b) CONFORMING AMENDMENT.—The table of contents 

2 for the Powerplant and Industrial Fuel Use Act of 1978 

3 (Public Law 95–620; 92 Stat. 3289) is amended by striking 

4 the item relating to section 741. 

5 SEC. 3242. REPEAL OF STUDY ON COMPLIANCE PROBLEM 

6 OF SMALL ELECTRIC UTILITY SYSTEMS. 

7 (a) REPEAL.—Section 744 of the Powerplant and In8 dustrial Fuel Use Act of 1978 (42 U.S.C. 8454) is repealed. 

9 (b) CONFORMING AMENDMENT.—The table of contents 

10 for the Powerplant and Industrial Fuel Use Act of 1978 

11 (Public Law 95–620; 92 Stat. 3289) is amended by striking 

12 the item relating to section 744. 

13 SEC. 3243. REPEAL OF STUDY OF SOCIOECONOMIC IMPACTS 

14 OF INCREASED COAL PRODUCTION AND 

15 OTHER ENERGY DEVELOPMENT. 

16 (a) REPEAL.—Section 746 of the Powerplant and In17 dustrial Fuel Use Act of 1978 (42 U.S.C. 8456) is repealed. 

18 (b) CONFORMING AMENDMENT.—The table of contents 

19 for the Powerplant and Industrial Fuel Use Act of 1978 

20 (Public Law 95–620; 92 Stat. 3289) is amended by striking 

21 the item relating to section 746. 

22 SEC. 3244. REPEAL OF STUDY OF THE USE OF PETROLEUM 

23 AND NATURAL GAS IN COMBUSTORS. 

24 (a) REPEAL.—Section 747 of the Powerplant and In25 dustrial Fuel Use Act of 1978 (42 U.S.C. 8457) is repealed. 
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1 (b) CONFORMING AMENDMENT.—The table of contents 

2 for the Powerplant and Industrial Fuel Use Act of 1978 

3 (Public Law 95–620; 92 Stat. 3289) is amended by striking 

4 the item relating to section 747. 

5 SEC. 3245. REPEAL OF SUBMISSION OF REPORTS. 

6 (a) REPEAL.—Section 807 of the Powerplant and In7 dustrial Fuel Use Act of 1978 (42 U.S.C. 8483) is repealed. 

8 (b) CONFORMING AMENDMENT.—The table of contents 

9 for the Powerplant and Industrial Fuel Use Act of 1978 

10 (Public Law 95–620; 92 Stat. 3289) is amended by striking 

11 the item relating to section 807. 

12 SEC. 3246. REPEAL OF ELECTRIC UTILITY CONSERVATION 

13 PLAN. 

14 (a) REPEAL.—Section 808 of the Powerplant and In15 dustrial Fuel Use Act of 1978 (42 U.S.C. 8484) is repealed. 

16 (b) CONFORMING AMENDMENTS.— 

17 (1) TABLE OF CONTENTS.—The table of contents 

18 for the Powerplant and Industrial Fuel Use Act of 

19 1978 (Public Law 95–620; 92 Stat. 3289) is amended 

20 by striking the item relating to section 808. 

21 (2) REPORT ON IMPLEMENTATION.—Section 712 

22 of the Powerplant and Industrial Fuel Use Act of 

23 1978 (42 U.S.C. 8422) is amended— 

24 (A) by striking ‘‘(a) GENERALLY.—’’; and 

25 (B) by striking subsection (b). 
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1 SEC. 3247. TECHNICAL AMENDMENT TO POWERPLANT AND 

2 INDUSTRIAL FUEL USE ACT OF 1978. 

3 The table of contents for the Powerplant and Indus4 trial Fuel Use Act of 1978 (Public Law 95–620; 92 Stat. 

5 3289) is amended by striking the item relating to section 

6 742. 

7 SEC. 3248. EMERGENCY ENERGY CONSERVATION REPEALS. 

8 (a) REPEALS.— 

9 (1) Section 201 of the Emergency Energy Con10 servation Act of 1979 (42 U.S.C. 8501) is amended— 

11 (A) in the section heading, by striking 

12 ‘‘FINDINGS AND’’; 

13 (B) by striking subsection (a); and 

14 (C) by striking ‘‘(b) PURPOSES.—’’. 

15 (2) Section 221 of the Emergency Energy Con16 servation Act of 1979 (42 U.S.C. 8521) is repealed. 

17 (3) Section 222 of the Emergency Energy Con18 servation Act of 1979 (42 U.S.C. 8522) is repealed. 

19 (4) Section 241 of the Emergency Energy Con20 servation Act of 1979 (42 U.S.C. 8531) is repealed. 

21 (b) CONFORMING AMENDMENT.—The table of contents 

22 for the Emergency Energy Conservation Act of 1979 (Public 

23 Law 96–102; 93 Stat. 749) is amended— 

24 (1) by striking the item relating to section 201 

25 and inserting the following: 

‘‘Sec. 201. Purposes.’’; and 
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1 (2) by striking the items relating to sections 221, 

2 222, and 241. 

3 SEC. 3249. REPEAL OF STATE UTILITY REGULATORY ASSIST4 ANCE. 

5 (a) REPEAL.—Section 207 of the Energy Conservation 

6 and Production Act (42 U.S.C. 6807) is repealed. 

7 (b) CONFORMING AMENDMENT.—The table of contents 

8 for the Energy Conservation and Production Act (Public 

9 Law 94–385; 90 Stat. 1125) is amended by striking the 

10 item relating to section 207. 

11 SEC. 3250. REPEAL OF SURVEY OF ENERGY SAVING POTEN12 TIAL. 

13 (a) REPEAL.—Section 550 of the National Energy 

14 Conservation Policy Act (42 U.S.C. 8258b) is repealed. 

15 (b) CONFORMING AMENDMENTS.— 

16 (1) The table of contents for the National Energy 

17 Conservation Policy Act (Public Law 95–619; 92 

18 Stat. 3206; 106 Stat. 2851) is amended by striking 

19 the item relating to section 550. 

20 (2) Section 543(d)(2) of the National Energy 

21 Conservation Policy Act (42 U.S.C. 8253(d)(2)) is 

22 amended by striking ‘‘, incorporating any relevant 

23 information obtained from the survey conducted pur24 suant to section 550’’. 
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1 SEC. 3251. REPEAL OF PHOTOVOLTAIC ENERGY PROGRAM. 

2 (a) REPEAL.—Part 4 of title V of the National Energy 

3 Conservation Policy Act (42 U.S.C. 8271 et seq.) is re4 pealed. 

5 (b) CONFORMING AMENDMENTS.—The table of contents 

6 for the National Energy Conservation Policy Act (Public 

7 Law 95–619; 92 Stat. 3206) is amended— 

8 (1) by striking the item relating to part 4 of title 

9 V; and 

10 (2) by striking the items relating to sections 561 

11 through 570. 

12 SEC. 3252. REPEAL OF ENERGY AUDITOR TRAINING AND 

13 CERTIFICATION. 

14 (a) REPEAL.—Subtitle F of title V of the Energy Secu15 rity Act (42 U.S.C. 8285 et seq.) is repealed. 

16 (b) CONFORMING AMENDMENT.—The table of contents 

17 for the Energy Security Act (Public Law 96–294; 94 Stat. 

18 611) is amended by striking the items relating to subtitle 

19 F of title V. 

20 CHAPTER 4—AUTHORIZATION 

21 SEC. 3261 AUTHORIZATION. 

22 There are authorized to be appropriated, out of funds 

23 authorized under previously enacted laws, amounts re24 quired for carrying out this division and the amendments 

25 made by this division. 
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1 TITLE IV—CHANGING CRUDE OIL 

2 MARKET CONDITIONS 

3 SEC. 4001. FINDINGS. 

4 The Congress finds the following: 

5 (1) The United States has enjoyed a renaissance 

6 in energy production, establishing the United States 

7 as the world’s leading oil producer. 

8 (2) By authorizing crude oil exports, the Con9 gress can spur domestic energy production, create and 

10 preserve jobs, help maintain and strengthen our inde11 pendent shipping fleet that is essential to national de12 fense, and generate State and Federal revenues. 

13 (3) An energy-secure United States that is a net 

14 exporter of energy has the potential to transform the 

15 security environment around the world, notably in 

16 Europe and the Middle East. 

17 (4) For our European allies and Israel, the pres18 ence of more United States oil in the market will offer 

19 more secure supply options, which will strengthen 

20 United States strategic alliances and help curtail the 

21 use of energy as a political weapon. 

22 (5) The 60-ship Maritime Security Fleet is a 

23 vital element of our military’s strategic sealift and 

24 global response capability. It assures United States25 flag ships and United States crews will be available 
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1 to support the United States military when it needs 

2 to mobilize to protect our allies, and is the most pru3 dent and economical solution to meet current and 

4 projected sealift requirements for the United States. 

5 (6) The Maritime Security Fleet program pro6 vides a labor base of skilled American mariners who 

7 are available to crew the United States Government8 owned strategic sealift fleet, as well as the United 

9 States commercial fleet, in both peace and war. 

10 (7) The United States has reduced its oil con11 sumption over the past decade, and increasing invest12 ment in clean energy technology and energy efficiency 

13 will lower energy prices, reduce greenhouse gas emis14 sions, and increase national security. 

15 SEC. 4002. REPEAL. 

16 Section 103 of the Energy Policy and Conservation Act 

17 (42 U.S.C. 6212) and the item relating thereto in the table 

18 of contents of that Act are repealed. 

19 SEC. 4003. NATIONAL POLICY ON OIL EXPORT RESTRIC20 TIONS. 

21 Notwithstanding any other provision of law, to pro22 mote the efficient exploration, production, storage, supply, 

23 marketing, pricing, and regulation of energy resources, in24 cluding fossil fuels, no official of the Federal Government 
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1 shall impose or enforce any restriction on the export of 

2 crude oil. 

3 SEC. 4004. STUDIES. 

4 (a) GREENHOUSE GAS EMISSIONS.—Not later than 

5 120 days after the date of enactment of this Act, the Sec6 retary of Energy shall conduct, and transmit to the Com7 mittee on Energy and Commerce of the House of Represent8 atives and the Committee on Energy and Natural Resources 

9 of the Senate the results of, a study on the net greenhouse 

10 gas emissions that will result from the repeal of the crude 

11 oil export ban under section 4002. 

12 (b) CRUDE OIL EXPORT STUDY.— 

13 (1) IN GENERAL.—The Department of Com14 merce, in consultation with the Department of En15 ergy, and other departments as appropriate, shall 

16 conduct a study of the State and national implica17 tions of lifting the crude oil export ban with respect 

18 to consumers and the economy. 

19 (2) CONTENTS.—The study conducted under 

20 paragraph (1) shall include an analysis of— 

21 (A) the economic impact that exporting 

22 crude oil will have on the economy of the United 

23 States; 
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1 (B) the economic impact that exporting 

2 crude oil will have on consumers, taking into ac3 count impacts on energy prices; 

4 (C) the economic impact that exporting 

5 crude oil will have on domestic manufacturing, 

6 taking into account impacts on employment; and 

7 (D) the economic impact that exporting 

8 crude oil will have on the refining sector, taking 

9 into account impacts on employment. 

10 (3) REPORT TO CONGRESS.—Not later than 1 

11 year after the date of enactment of this Act, the Bu12 reau of Industry and Security shall submit to Con13 gress a report containing the results of the study con14 ducted under paragraph (1). 

15 SEC. 4005. SAVINGS CLAUSE. 

16 Nothing in this title limits the authority of the Presi17 dent under the Constitution, the International Emergency 

18 Economic Powers Act (50 U.S.C. 1701 et seq.), the National 

19 Emergencies Act (50 U.S.C. 1601 et seq.), part B of title 

20 II of the Energy Policy and Conservation Act (42 U.S.C. 

21 6271 et seq.), the Trading With the Enemy Act (50 U.S.C. 

22 App. 1 et seq.), or any other provision of law that imposes 

23 sanctions on a foreign person or foreign government (in24 cluding any provision of law that prohibits or restricts 

25 United States persons from engaging in a transaction with 
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1 a sanctioned person or government), including a foreign 

2 government that is designated as a state sponsor of ter3 rorism, to prohibit exports. 

4 SEC. 4006. PARTNERSHIPS WITH MINORITY SERVING INSTI5 TUTIONS. 

6 (a) IN GENERAL.—The Department of Energy shall 

7 continue to develop and broaden partnerships with minor8 ity serving institutions, including Hispanic Serving Insti9 tutions (HSI) and Historically Black Colleges and Univer10 sities (HBCUs) in the areas of oil and gas exploration, pro11 duction, midstream, and refining. 

12 (b) PUBLIC-PRIVATE PARTNERSHIPS.—The Depart13 ment of Energy shall encourage public-private partnerships 

14 between the energy sector and minority serving institutions, 

15 including Hispanic Serving Institutions and Historically 

16 Black Colleges and Universities. 

17 SEC. 4007. REPORT. 

18 Not later than 10 years after the date of enactment 

19 of this Act, the Secretary of Energy and the Secretary of 

20 Commerce shall jointly transmit to Congress a report that 

21 reviews the impact of lifting the oil export ban under this 

22 title as it relates to promoting United States energy and 

23 national security. 
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1 SEC. 4008. REPORT TO CONGRESS. 

2 Not later than 180 days after the date of enactment 

3 of this Act, the Secretary of Energy and the Secretary of 

4 Commerce shall jointly transmit to Congress a report ana5 lyzing how lifting the ban on crude oil exports will help 

6 create opportunities for veterans and women in the United 

7 States, while promoting energy and national security. 

8 SEC. 4009. PROHIBITION ON EXPORTS OF CRUDE OIL, RE9 FINED PETROLEUM PRODUCTS, AND PETRO10 CHEMICAL PRODUCTS TO THE ISLAMIC RE11 PUBLIC OF IRAN. 

12 Nothing in this title shall be construed to authorize 

13 the export of crude oil, refined petroleum products, and pe14 trochemical products by or through any entity or person, 

15 wherever located, subject to the jurisdiction of the United 

16 States to any entity or person located in, subject to the ju17 risdiction of, or sponsored by the Islamic Republic of Iran. 

18 TITLE V—OTHER MATTERS 

19 SEC. 5001. ASSESSMENT OF REGULATORY REQUIREMENTS. 

20 (a) IN GENERAL.—Not later than 30 days after the 

21 date of enactment of this Act, the Administrator of the En22 vironmental Protection Agency shall ensure that the re23 quirements described in subsection (b) are satisfied. 

24 (b) REQUIREMENTS.—The Administrator shall sat25 isfy— 
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1 (1) section 4 of Executive Order No. 12866 (5 

2 U.S.C. 601 note) (relating to regulatory planning and 

3 review) and Executive Order No. 13563 (5 U.S.C. 601 

4 note) (relating to improving regulation and regu5 latory review) (or any successor Executive order es6 tablishing requirements applicable to the uniform re7 porting of regulatory and deregulatory agendas); 

8 (2) section 602 of title 5, United States Code; 

9 (3) section 8 of Executive Order No. 13132 (5 

10 U.S.C. 601 note) (relating to federalism); and 

11 (4) section 202(a) of the Unfunded Mandates Re12 form Act of 1995 (2 U.S.C. 1532(a)). 

13 SEC. 5002. DEFINITIONS. 

14 In this title: 

15 (1) COVERED CIVIL ACTION.—The term ‘‘covered 

16 civil action’’ means a civil action containing a claim 

17 under section 702 of title 5, United States Code, re18 garding agency action (as defined for the purposes of 

19 that section) affecting a covered energy project on 

20 Federal land. 

21 (2) COVERED ENERGY PROJECT.— 

22 (A) IN GENERAL.—The term ‘‘covered en23 ergy project’’ means— 

24 (i) the leasing of Federal land for the 

25 exploration, development, production, proc-
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1 essing, or transmission of oil, natural gas, 

2 coal, geothermal, hydroelectric, biomass, 

3 solar, or any other source of energy; and 

4 (ii) any action under the lease. 

5 (B) EXCLUSION.—The term ‘‘covered energy 

6 project’’ does not include any dispute between the 

7 parties to a lease regarding the obligations under 

8 the lease, including any alleged breach of the 

9 lease. 

10 SEC. 5003. EXCLUSIVE VENUE FOR CERTAIN CIVIL ACTIONS 

11 RELATING TO COVERED ENERGY PROJECTS. 

12 Venue for any covered civil action shall lie in the 

13 United States district court in which the covered energy 

14 project or lease exists or is proposed. 

15 SEC. 5004. TIMELY FILING. 

16 To ensure timely redress by the courts, a covered civil 

17 action shall be filed not later than the end of the 90-day 

18 period beginning on the date of the final Federal agency 

19 action to which the covered civil action relates. 

20 SEC. 5005. EXPEDITION IN HEARING AND DETERMINING 

21 THE ACTION. 

22 The court shall endeavor to hear and determine any 

23 covered civil action as expeditiously as practicable. 
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1 SEC. 5006. LIMITATION ON INJUNCTION AND PROSPECTIVE 

2 RELIEF. 

3 (a) IN GENERAL.—In a covered civil action, a court 

4 shall not grant or approve any prospective relief unless the 

5 court finds that the relief— 

6 (1) is narrowly drawn; 

7 (2) extends no further than necessary to correct 

8 the violation of a legal requirement; and 

9 (3) is the least intrusive means necessary to cor10 rect the violation. 

11 (b) DURATION.— 

12 (1) IN GENERAL.—A court shall limit the dura13 tion of preliminary injunctions to halt covered energy 

14 projects to not more than 60 days, unless the court 

15 finds clear reasons to extend the injunction. 

16 (2) ADMINISTRATION.—In the case of an exten17 sion, the extension shall— 

18 (A) only be in 30-day increments; and 

19 (B) require action by the court to renew the 

20 injunction. 

21 (c) IN GENERAL.—Sections 504 of title 5 and 2412 

22 of title 28, United States Code (commonly known as the 

23 ‘‘Equal Access to Justice Act’’), shall not apply to a covered 

24 civil action. 

25 (d) COURT COSTS.—A party to a covered civil action 

26 shall not receive payment from the Federal Government for 
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1 the attorneys’ fees, expenses, or other court costs incurred 

2 by the party. 

3 SEC. 5007. LEGAL STANDING. 

4 A challenger that files an appeal with the Department 

5 of the Interior Board of Land Appeals shall meet the same 

6 standing requirements as a challenger before a United 

7 States district court. 

8 SEC. 5008. STUDY TO IDENTIFY LEGAL AND REGULATORY 

9 BARRIERS THAT DELAY, PROHIBIT, OR IM10 PEDE THE EXPORT OF NATURAL ENERGY RE11 SOURCES. 

12 Not later than 1 year after the date of enactment of 

13 this Act, the Secretary of Energy and the Secretary of Com14 merce shall jointly transmit to the Committee on Energy 

15 and Commerce and the Committee on Natural Resources 

16 of the House of Representatives, and the Committee on Com17 merce, Science, and Transportation and the Committee on 

18 Energy and Natural Resources of the Senate, the results of 

19 a study to— 

20 (1) identify legal and regulatory barriers that 

21 delay, prohibit, or impede the export of natural en22 ergy resources, including government and technical 

23 (physical or market) barriers that hinder coal, nat24 ural gas, oil, and other energy exports; and 
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1 (2) estimate the economic impacts of such bar2 riers. 

3 SEC. 5009. STUDY OF VOLATILITY OF CRUDE OIL. 

4 Not later than 1 year after the date of enactment of 

5 this Act, the Secretary of Energy shall transmit to Congress 

6 the results of a study to determine the maximum level of 

7 volatility that is consistent with the safest practicable ship8 ment of crude oil by rail. 

9 SEC. 5010. SMART METER PRIVACY RIGHTS. 

10 (a) ELECTRICAL CORPORATION OR GAS CORPORA11 TIONS.— 

12 (1) For purposes of this section, ‘‘electrical or gas 

13 consumption data’’ means data about a customer’s 

14 electrical or natural gas usage that is made available 

15 as part of an advanced metering infrastructure, and 

16 includes the name, account number, or residence of 

17 the customer. 

18 (2)(A) An electrical corporation or gas corpora19 tion shall not share, disclose, or otherwise make acces20 sible to any third party a customer’s electrical or gas 

21 consumption data, except as provided in subsection 

22 (a)(5) or upon the consent of the customer. 

23 (B) An electrical corporation or gas corporation 

24 shall not sell a customer’s electrical or gas consump-
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1 tion data or any other personally identifiable infor2 mation for any purpose. 

3 (C) The electrical corporation or gas corporation 

4 or its contractors shall not provide an incentive or 

5 discount to the customer for accessing the customer’s 

6 electrical or gas consumption data without the prior 

7 consent of the customer. 

8 (D) An electrical or gas corporation that utilizes 

9 an advanced metering infrastructure that allows a 

10 customer to access the customer’s electrical and gas 

11 consumption data shall ensure that the customer has 

12 an option to access that data without being required 

13 to agree to the sharing of his or her personally identi14 fiable information, including electrical or gas con15 sumption data, with a third party. 

16 (3) If an electrical corporation or gas corpora17 tion contracts with a third party for a service that 

18 allows a customer to monitor his or her electricity or 

19 gas usage, and that third party uses the data for a 

20 secondary commercial purpose, the contract between 

21 the electrical corporation or gas corporation and the 

22 third party shall provide that the third party promi23 nently discloses that secondary commercial purpose to 

24 the customer. 
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1 (4) An electrical corporation or gas corporation 

2 shall use reasonable security procedures and practices 

3 to protect a customer’s unencrypted electrical or gas 

4 consumption data from unauthorized access, destruc5 tion, use, modification, or disclosure. 

6 (5)(A) Nothing in this section shall preclude an 

7 electrical corporation or gas corporation from using 

8 customer aggregate electrical or gas consumption data 

9 for analysis, reporting, or program management if all 

10 information has been removed regarding the indi11 vidual identity of a customer. 

12 (B) Nothing in this section shall preclude an 

13 electrical corporation or gas corporation from dis14 closing a customer’s electrical or gas consumption 

15 data to a third party for system, grid, or operational 

16 needs, or the implementation of demand response, en17 ergy management, or energy efficiency programs, pro18 vided that, for contracts entered into after January 1, 

19 2016, the utility has required by contract that the 

20 third party implement and maintain reasonable secu21 rity procedures and practices appropriate to the na22 ture of the information, to protect the personal infor23 mation from unauthorized access, destruction, use, 

24 modification, or disclosure, and prohibits the use of 

25 the data for a secondary commercial purpose not re-
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1 lated to the primary purpose of the contract without 

2 the customer’s consent. 

3 (C) Nothing in this section shall preclude an 

4 electrical corporation or gas corporation from dis5 closing electrical or gas consumption data as required 

6 or permitted under State or Federal law or by an 

7 order of a State public utility commission. 

8 (6) If a customer chooses to disclose his or her 

9 electrical or gas consumption data to a third party 

10 that is unaffiliated with, and has no other business 

11 relationship with, the electrical or gas corporation, 

12 the electrical or gas corporation shall not be respon13 sible for the security of that data, or its use or misuse. 

14 (b) LOCAL PUBLICLY OWNED ELECTRIC UTILITIES.— 

15 (1) For purposes of this section, ‘‘electrical con16 sumption data’’ means data about a customer’s elec17 trical usage that is made available as part of an ad18 vanced metering infrastructure, and includes the 

19 name, account number, or residence of the customer. 

20 (2)(A) A local publicly owned electric utility 

21 shall not share, disclose, or otherwise make accessible 

22 to any third party a customer’s electrical consump23 tion data, except as provided in subsection (b) (5) or 

24 upon the consent of the customer. 
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1 (B) A local publicly owned electric utility shall 

2 not sell a customer’s electrical consumption data or 

3 any other personally identifiable information for any 

4 purpose. 

5 (C) The local publicly owned electric utility or 

6 its contractors shall not provide an incentive or dis7 count to the customer for accessing the customer’s elec8 trical consumption data without the prior consent of 

9 the customer. 

10 (D) A local publicly owned electric utility that 

11 utilizes an advanced metering infrastructure that al12 lows a customer to access the customer’s electrical con13 sumption data shall ensure that the customer has an 

14 option to access that data without being required to 

15 agree to the sharing of his or her personally identifi16 able information, including electrical consumption 

17 data, with a third party. 

18 (3) If a local publicly owned electric utility con19 tracts with a third party for a service that allows a 

20 customer to monitor his or her electricity usage, and 

21 that third party uses the data for a secondary com22 mercial purpose, the contract between the local pub23 licly owned electric utility and the third party shall 

24 provide that the third party prominently discloses 

25 that secondary commercial purpose to the customer. 
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1 (4) A local publicly owned electric utility shall 

2 use reasonable security procedures and practices to 

3 protect a customer’s unencrypted electrical consump4 tion data from unauthorized access, destruction, use, 

5 modification, or disclosure, and prohibits the use of 

6 the data for a secondary commercial purpose not re7 lated to the primary purpose of the contract without 

8 the customer’s consent. 

9 (5)(A) Nothing in this section shall preclude a 

10 local publicly owned electric utility from using cus11 tomer aggregate electrical consumption data for anal12 ysis, reporting, or program management if all infor13 mation has been removed regarding the individual 

14 identity of a customer. 

15 (B) Nothing in this section shall preclude a local 

16 publicly owned electric utility from disclosing a cus17 tomer’s electrical consumption data to a third party 

18 for system, grid, or operational needs, or the imple19 mentation of demand response, energy management, 

20 or energy efficiency programs, provided, for contracts 

21 entered into after January 1, 2016, that the utility 

22 has required by contract that the third party imple23 ment and maintain reasonable security procedures 

24 and practices appropriate to the nature of the infor25 mation, to protect the personal information from un-
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1 authorized access, destruction, use, modification, or 

2 disclosure. 

3 (C) Nothing in this section shall preclude a local 

4 publicly owned electric utility from disclosing elec5 trical consumption data as required under State or 

6 Federal law. 

7 (6) If a customer chooses to disclose his or her 

8 electrical consumption data to a third party that is 

9 unaffiliated with, and has no other business relation10 ship with, the local publicly owned electric utility, the 

11 utility shall not be responsible for the security of that 

12 data, or its use or misuse. 

13 SEC. 5011. YOUTH ENERGY ENTERPRISE COMPETITION. 

14 The Secretaries of Energy and Commerce shall jointly 

15 establish an energy enterprise competition to encourage 

16 youth to propose solutions to the energy challenges of the 

17 United States and to promote youth interest in careers in 

18 science, technology, engineering, and math, especially as 

19 those fields relate to energy. 

20 SEC. 5012. MODERNIZATION OF TERMS RELATING TO MI21 NORITIES. 

22 (a) OFFICE OF MINORITY ECONOMIC IMPACT.—Sec23 tion 211(f)(1) of the Department of Energy Organization 

24 Act (42 U.S.C. 7141(f)(1)) is amended by striking ‘‘a Negro, 

25 Puerto Rican, American Indian, Eskimo, Oriental, or Aleut 
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1 or is a Spanish speaking individual of Spanish descent’’ 

2 and inserting ‘‘Asian American, African American, His3 panic, Puerto Rican, Native American, or an Alaska Na4 tive’’. 

5 (b) MINORITY BUSINESS ENTERPRISES.—Section 

6 106(f)(2) of the Local Public Works Capital Development 

7 and Investment Act of 1976 (42 U.S.C. 6705(f)(2)) is 

8 amended by striking ‘‘Negroes, Spanish-speaking, Ori9 entals, Indians, Eskimos, and Aleuts’’ and inserting ‘‘Asian 

10 American, African American, Hispanic, Native American, 

11 or Alaska Natives’’. 

12 SEC. 5013. VOLUNTARY VEGETATION MANAGEMENT OUT13 SIDE RIGHTS-OF-WAY. 

14 (a) AUTHORIZATION.—The Secretary of the Interior or 

15 the Secretary of Agriculture may authorize an owner or op16 erator of an electric transmission or distribution facility 

17 to manage vegetation selectively within 150 feet of the exte18 rior boundary of the right-of-way near structures for selec19 tive thinning and fuel reduction. 

20 (b) STATUS OF REMOVED VEGETATION.—Any vegeta21 tion removed pursuant to this section shall be the property 

22 of the United States and not available for sale by the owner 

23 or operator. 

24 (c) LIMITATION ON LIABILITY.—An owner or operator 

25 of an electric transmission or distribution facility shall not 
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1 be held liable for wildlife damage, loss, or injury, including 

2 the cost of fire suppression, resulting from activities carried 

3 out pursuant to subsection (a) except in the case of harm 

4 resulting from the owner or operator’s gross negligence or 

5 criminal misconduct. 

6 SEC. 5014. REPEAL OF RULE FOR NEW RESIDENTIAL WOOD 

7 HEATERS. 

8 The final rule entitled ‘‘Standards of Performance for 

9 New Residential Wood Heaters, New Residential Hydronic 

10 Heaters and Forced-Air Furnaces’’ published at 80 Fed. 

11 Reg. 13672 (March 16, 2015) shall have no force or effect 

12 and shall be treated as if such rule had never been issued. 

13 TITLE VI—PROMOTING RENEW14 ABLE ENERGY WITH SHARED 

15 SOLAR 

16 SEC. 6001. SHORT TITLE. 

17 This title may be cited as the ‘‘Promoting Renewable 

18 Energy with Shared Solar Act of 2016’’. 

19 SEC. 6002. PROVISION OF INTERCONNECTION SERVICE AND 

20 NET BILLING SERVICE FOR COMMUNITY 

21 SOLAR FACILITIES. 

22 (a) IN GENERAL.—Section 111(d) of the Public Utility 

23 Regulatory Policies Act of 1978 (16 U.S.C. 2621(d)) is 

24 amended by adding at the end the following: 

25 ‘‘(20) COMMUNITY SOLAR FACILITIES.— 
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1 ‘‘(A) DEFINITIONS.—In this paragraph: 

2 ‘‘(i) COMMUNITY SOLAR FACILITY.— 

3 The term ‘community solar facility’ means 

4 a solar photovoltaic system that— 

5 ‘‘(I) allocates electricity to mul6 tiple individual electric consumers of 

7 an electric utility; 

8 ‘‘(II) has a nameplate rating of 2 

9 megawatts or less; and 

10 ‘‘(III) is— 

11 ‘‘(aa) owned by the electric 

12 utility, jointly owned, or third13 party-owned; 

14 ‘‘(bb) connected to a local 

15 distribution facility of the electric 

16 utility; and 

17 ‘‘(cc) located on or off the 

18 property of a consumer of the elec19 tricity. 

20 ‘‘(ii) INTERCONNECTION SERVICE.— 

21 The term ‘interconnection service’ means a 

22 service provided by an electric utility to an 

23 electric consumer, in accordance with the 

24 standards described in paragraph (15), 

25 through which a community solar facility is 
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1 connected to an applicable local distribution 

2 facility. 

3 ‘‘(iii) NET BILLING SERVICE.—The 

4 term ‘net billing service’ means a service 

5 provided by an electric utility to an electric 

6 consumer through which electric energy gen7 erated for that electric consumer from a 

8 community solar facility may be used to 

9 offset electric energy provided by the electric 

10 utility to the electric consumer during the 

11 applicable billing period. 

12 ‘‘(B) REQUIREMENT.—On receipt of a re13 quest of an electric consumer served by the elec14 tric utility, each electric utility shall make avail15 able to the electric consumer interconnection 

16 service and net billing service for a community 

17 solar facility.’’. 

18 (b) COMPLIANCE.— 

19 (1) TIME LIMITATIONS.—Section 112(b) of the 

20 Public Utility Regulatory Policies Act of 1978 (16 

21 U.S.C. 2622(b)) is amended by adding at the end the 

22 following: 

23 ‘‘(7)(A) Not later than 1 year after the date of 

24 enactment of this paragraph, each State regulatory 

25 authority (with respect to each electric utility for 
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1 which the State has ratemaking authority) and each 

2 nonregulated utility shall commence consideration 

3 under section 111, or set a hearing date for consider4 ation, with respect to the standard established by 

5 paragraph (20) of section 111(d). 

6 ‘‘(B) Not later than 2 years after the date of en7 actment of this paragraph, each State regulatory au8 thority (with respect to each electric utility for which 

9 the State has ratemaking authority), and each non10 regulated electric utility shall complete the consider11 ation and make the determination under section 111 

12 with respect to the standard established by paragraph 

13 (20) of section 111(d).’’. 

14 (2) FAILURE TO COMPLY.— 

15 (A) IN GENERAL.—Section 112(c) of the 

16 Public Utility Regulatory Policies Act of 1978 

17 (16 U.S.C. 2622(c)) is amended— 

18 (i) by striking ‘‘such paragraph (14)’’ 

19 and all that follows through ‘‘paragraphs 

20 (16)’’ and inserting ‘‘such paragraph (14). 

21 In the case of the standard established by 

22 paragraph (15) of section 111(d), the ref23 erence contained in this subsection to the 

24 date of enactment of this Act shall be 

25 deemed to be a reference to the date of en-
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1 actment of that paragraph (15). In the case 

2 of the standards established by paragraphs 

3 (16)’’; and 

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

5 ‘‘In the case of the standard established by 

6 paragraph (20) of section 111(d), the ref7 erence contained in this subsection to the 

8 date of enactment of this Act shall be 

9 deemed to be a reference to the date of en10 actment of that paragraph (20).’’. 

11 (B) TECHNICAL CORRECTION.— 

12 (i) IN GENERAL.—Section 1254(b) of 

13 the Energy Policy Act of 2005 (Public Law 

14 109–58; 119 Stat. 971) is amended by strik15 ing paragraph (2). 

16 (ii) TREATMENT.—The amendment 

17 made by paragraph (2) of section 1254(b) of 

18 the Energy Policy Act of 2005 (Public Law 

19 109–58; 119 Stat. 971) (as in effect on the 

20 day before the date of enactment of this Act) 

21 is void, and section 112(d) of the Public 

22 Utility Regulatory Policies Act of 1978 (16 

23 U.S.C. 2622(d)) shall be in effect as if those 

24 amendments had not been enacted. 

25 (3) PRIOR STATE ACTIONS.— 
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1 (A) IN GENERAL.—Section 112 of the Public 

2 Utility Regulatory Policies Act of 1978 (16 

3 U.S.C. 2622) is amended by adding at the end 

4 the following: 

5 ‘‘(g) PRIOR STATE ACTIONS.—Subsections (b) and (c) 

6 shall not apply to the standard established by paragraph 

7 (20) of section 111(d) in the case of any electric utility in 

8 a State if, before the date of enactment of this subsection— 

9 ‘‘(1) the State has implemented for the electric 

10 utility the standard (or a comparable standard); 

11 ‘‘(2) the State regulatory authority for the State 

12 or the relevant nonregulated electric utility has con13 ducted a proceeding to consider implementation of the 

14 standard (or a comparable standard) for the electric 

15 utility; or 

16 ‘‘(3) the State legislature has voted on the imple17 mentation of the standard (or a comparable stand18 ard) for the electric utility.’’. 

19 (B) CROSS-REFERENCE.—Section 124 of the 

20 Public Utility Regulatory Policy Act of 1978 (16 

21 U.S.C. 2634) is amended by adding at the end 

22 the following: ‘‘In the case of the standard estab23 lished by paragraph (20) of section 111(d), the 

24 reference contained in this subsection to the date 

25 of enactment of this Act shall be deemed to be a 
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1 reference to the date of enactment of that para2 graph (20).’’. 

3 TITLE VII—MARINE 

4 HYDROKINETIC 

5 SEC. 7001. DEFINITION OF MARINE AND HYDROKINETIC RE6 NEWABLE ENERGY. 

7 Section 632 of the Energy Independence and Security 

8 Act of 2007 (42 U.S.C. 17211) is amended in the matter 

9 preceding paragraph (1) by striking ‘‘electrical’’. 

10 SEC. 7002. MARINE AND HYDROKINETIC RENEWABLE EN11 ERGY RESEARCH AND DEVELOPMENT. 

12 Section 633 of the Energy Independence and Security 

13 Act of 2007 (42 U.S.C. 17212) is amended to read as fol14 lows: 

15 ‘‘SEC. 633. MARINE AND HYDROKINETIC RENEWABLE EN16 ERGY RESEARCH AND DEVELOPMENT. 

17 ‘‘The Secretary, in consultation with the Secretary of 

18 the Interior, the Secretary of Commerce, and the Federal 

19 Energy Regulatory Commission, shall carry out a program 

20 of research, development, demonstration, and commercial 

21 application to accelerate the introduction of marine and 

22 hydrokinetic renewable energy production into the United 

23 States energy supply, giving priority to fostering acceler24 ated research, development, and commercialization of tech25 nology, including— 
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1 ‘‘(1) to assist technology development to improve 

2 the components, processes, and systems used for power 

3 generation from marine and hydrokinetic renewable 

4 energy resources; 

5 ‘‘(2) to establish critical testing infrastructure 

6 necessary— 

7 ‘‘(A) to cost effectively and efficiently test 

8 and prove the efficacy of marine and 

9 hydrokinetic renewable energy devices; and 

10 ‘‘(B) to accelerate the technological readi11 ness and commercialization of those devices; 

12 ‘‘(3) to support efforts to increase the efficiency 

13 of energy conversion, lower the cost, increase the use, 

14 improve the reliability, and demonstrate the applica15 bility of marine and hydrokinetic renewable energy 

16 technologies by participating in demonstration 

17 projects; 

18 ‘‘(4) to investigate variability issues and the effi19 cient and reliable integration of marine and 

20 hydrokinetic renewable energy with the utility grid; 

21 ‘‘(5) to identify and study critical short- and 

22 long-term needs to create a sustainable marine and 

23 hydrokinetic renewable energy supply chain based in 

24 the United States; 
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1 ‘‘(6) to increase the reliability and survivability 

2 of marine and hydrokinetic renewable energy tech3 nologies; 

4 ‘‘(7) to verify the performance, reliability, main5 tainability, and cost of new marine and hydrokinetic 

6 renewable energy device designs and system compo7 nents in an operating environment; 

8 ‘‘(8) to coordinate and avoid duplication of ac9 tivities across programs of the Department and other 

10 applicable Federal agencies, including National Lab11 oratories, and to coordinate public-private collabora12 tion in all programs under this section; 

13 ‘‘(9) to identify opportunities for joint research 

14 and development programs and development of econo15 mies of scale between— 

16 ‘‘(A) marine and hydrokinetic renewable en17 ergy technologies; and 

18 ‘‘(B) other renewable energy and fossil en19 ergy programs, offshore oil and gas production 

20 activities, and activities of the Department of 

21 Defense; and 

22 ‘‘(10) to support in-water technology develop23 ment with international partners using existing coop24 erative procedures (including memoranda of under25 standing)— 
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1 ‘‘(A) to allow cooperative funding and other 

2 support of value to be exchanged and leveraged; 

3 and 

4 ‘‘(B) to encourage international research 

5 centers and international companies to partici6 pate in the development of water technology in 

7 the United States and to encourage United 

8 States research centers and United States com9 panies to participate in water technology 

10 projects abroad.’’. 

11 SEC. 7003. NATIONAL MARINE RENEWABLE ENERGY RE12 SEARCH, DEVELOPMENT, AND DEMONSTRA13 TION CENTERS. 

14 Section 634(b) of the Energy Independence and Secu15 rity Act of 2007 (42 U.S.C. 17213(b)) is amended to read 

16 as follows: 

17 ‘‘(b) PURPOSES.—A Center (in coordination with the 

18 Department and National Laboratories) shall— 

19 ‘‘(1) advance research, development, demonstra20 tion, and commercial application of marine and 

21 hydrokinetic renewable energy technologies; 

22 ‘‘(2) support in-water testing and demonstration 

23 of marine and hydrokinetic renewable energy tech24 nologies, including facilities capable of testing— 
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1 ‘‘(A) marine and hydrokinetic renewable en2 ergy systems of various technology readiness lev3 els and scales; 

4 ‘‘(B) a variety of technologies in multiple 

5 test berths at a single location; and 

6 ‘‘(C) arrays of technology devices; and 

7 ‘‘(3) serve as information clearinghouses for the 

8 marine and hydrokinetic renewable energy industry 

9 by collecting and disseminating information on best 

10 practices in all areas relating to developing and man11 aging marine and hydrokinetic renewable energy re12 sources and energy systems.’’. 

13 SEC. 7004. AUTHORIZATION OF APPROPRIATIONS. 

14 Section 636 of the Energy Independence and Security 

15 Act of 2007 (42 U.S.C. 17215) is amended by striking 

16 ‘‘2008 through 2012’’ and inserting ‘‘2016 through 2019’’. 

17 TITLE VIII—EXTENSIONS OF 

18 TIME FOR VARIOUS FEDERAL 

19 ENERGY REGULATORY COM20 MISSION PROJECTS 

21 SEC. 8001. EXTENSION OF TIME FOR FEDERAL ENERGY 

22 REGULATORY COMMISSION PROJECT IN23 VOLVING CLARK CANYON DAM. 

24 Notwithstanding the time period described in section 

25 13 of the Federal Power Act (16 U.S.C. 806) that would 
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1 otherwise apply to the Federal Energy Regulatory Commis2 sion project numbered 12429, the Federal Energy Regu3 latory Commission (referred to in this section as the ‘‘Com4 mission’’) shall, at the request of the licensee for the project, 

5 and after reasonable notice and in accordance with the pro6 cedures of the Commission under that section, reinstate the 

7 license and extend the time period during which the licensee 

8 is required to commence construction of project works for 

9 the 3-year period beginning on the date of enactment of this 

10 Act. 

11 SEC. 8002. EXTENSION OF TIME FOR FEDERAL ENERGY 

12 REGULATORY COMMISSION PROJECT IN13 VOLVING GIBSON DAM. 

14 (a) IN GENERAL.—Notwithstanding the requirements 

15 of section 13 of the Federal Power Act (16 U.S.C. 806) that 

16 would otherwise apply to the Federal Energy Regulatory 

17 Commission project numbered 12478–003, the Federal En18 ergy Regulatory Commission (referred to in this section as 

19 the ‘‘Commission’’) may, at the request of the licensee for 

20 the project, and after reasonable notice and in accordance 

21 with the procedures of the Commission under that section, 

22 extend the time period during which the licensee is required 

23 to commence construction of the project for a 6-year period 

24 that begins on the date described in subsection (b). 
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1 (b) DATE DESCRIBED.—The date described in this sub2 section is the date of the expiration of the extension of the 

3 period required for commencement of construction for the 

4 project described in subsection (a) that was issued by the 

5 Commission prior to the date of enactment of this Act under 

6 section 13 of the Federal Power Act (16 U.S.C. 806). 

7 SEC. 8003. EXTENSION OF TIME FOR FEDERAL ENERGY 

8 REGULATORY COMMISSION PROJECT IN9 VOLVING JENNINGS RANDOLPH DAM. 

10 (a) IN GENERAL.—Notwithstanding the time period 

11 specified in section 13 of the Federal Power Act (16 U.S.C. 

12 806) that would otherwise apply to the Federal Energy Reg13 ulatory Commission project numbered 12715, the Commis14 sion may, at the request of the licensee for the project, and 

15 after reasonable notice, in accordance with the good faith, 

16 due diligence, and public interest requirements of that sec17 tion and the Commission’s procedures under that section, 

18 extend the time period during which the licensee is required 

19 to commence the construction of the project for up to three 

20 consecutive 2-year periods from the date of the expiration 

21 of the extension originally issued by the Commission. Any 

22 obligation of the licensee for the payment of annual charges 

23 under section 10(e) of the Federal Power Act (16 U.S.C. 

24 803(e)) shall commence upon conclusion of the time period 
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1 to commence construction of the project, as extended by the 

2 Commission under this subsection. 

3 (b) REINSTATEMENT OF EXPIRED LICENSE.—If the 

4 period required for commencement of construction of the 

5 project described in subsection (a) has expired prior to the 

6 date of the enactment of this Act, the Commission shall rein7 state the license effective as of the date of its expiration and 

8 the first extension authorized under subsection (a) shall take 

9 effect on the date of such expiration. 

10 SEC. 8004. EXTENSION OF TIME FOR FEDERAL ENERGY 

11 REGULATORY COMMISSION PROJECT IN12 VOLVING CANNONSVILLE DAM. 

13 (a) IN GENERAL.—Notwithstanding the time period 

14 specified in section 13 of the Federal Power Act (16 U.S.C. 

15 806) that would otherwise apply to the Federal Energy Reg16 ulatory Commission project numbered 13287, the Commis17 sion may, at the request of the licensee for the project, and 

18 after reasonable notice, in accordance with the good faith, 

19 due diligence, and public interest requirements of that sec20 tion and the Commission’s procedures under that section, 

21 extend the time period during which the licensee is required 

22 to commence the construction of the project for up to four 

23 consecutive 2-year periods from the date of the expiration 

24 of the time period required for commencement of construc25 tion prescribed in the license. 
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1 (b) REINSTATEMENT OF EXPIRED LICENSE.—If the 

2 period required for commencement of construction of the 

3 project described in subsection (a) has expired prior to the 

4 date of the enactment of this Act, the Commission may rein5 state the license effective as of the date of its expiration and 

6 the first extension authorized under subsection (a) shall take 

7 effect on the date of such expiration. 

8 SEC. 8005. EXTENSION OF TIME FOR FEDERAL ENERGY 

9 REGULATORY COMMISSION PROJECT IN10 VOLVING GATHRIGHT DAM. 

11 (a) IN GENERAL.—Notwithstanding the time period 

12 specified in section 13 of the Federal Power Act (16 U.S.C. 

13 806) that would otherwise apply to the Federal Energy Reg14 ulatory Commission project numbered 12737, the Commis15 sion may, at the request of the licensee for the project, and 

16 after reasonable notice, in accordance with the good faith, 

17 due diligence, and public interest requirements of that sec18 tion and the Commission’s procedures under that section, 

19 extend the time period during which the licensee is required 

20 to commence the construction of the project for up to three 

21 consecutive 2-year periods from the date of the expiration 

22 of the extension originally issued by the Commission. 

23 (b) REINSTATEMENT OF EXPIRED LICENSE.—If the 

24 period required for commencement of construction of the 

25 project described in subsection (a) has expired prior to the 
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1 date of the enactment of this Act, the Commission may rein2 state the license for the project effective as of the date of 

3 its expiration and the first extension authorized under sub4 section (a) shall take effect on the date of such expiration. 

5 SEC. 8006. EXTENSION OF TIME FOR FEDERAL ENERGY 

6 REGULATORY COMMISSION PROJECT IN7 VOLVING FLANNAGAN DAM. 

8 (a) IN GENERAL.—Notwithstanding the time period 

9 specified in section 13 of the Federal Power Act (16 U.S.C. 

10 806) that would otherwise apply to the Federal Energy Reg11 ulatory Commission project numbered 12740, the Commis12 sion may, at the request of the licensee for the project, and 

13 after reasonable notice, in accordance with the good faith, 

14 due diligence, and public interest requirements of that sec15 tion and the Commission’s procedures under that section, 

16 extend the time period during which the licensee is required 

17 to commence the construction of the project for up to three 

18 consecutive 2-year periods from the date of the expiration 

19 of the extension originally issued by the Commission. 

20 (b) REINSTATEMENT OF EXPIRED LICENSE.—If the 

21 period required for commencement of construction of the 

22 project described in subsection (a) has expired prior to the 

23 date of the enactment of this Act, the Commission may rein24 state the license for the project effective as of the date of 
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1 its expiration and the first extension authorized under sub2 section (a) shall take effect on the date of such expiration. 

3 TITLE IX—ENERGY AND MANU4 FACTURING WORKFORCE DE5 VELOPMENT 

6 SEC. 9001. ENERGY AND MANUFACTURING WORKFORCE DE7 VELOPMENT. 

8 (a) IN GENERAL.—The Secretary of Energy (in this 

9 title referred to as the ‘‘Secretary’’) shall prioritize edu10 cation and training for energy and manufacturing-related 

11 jobs in order to increase the number of skilled workers 

12 trained to work in energy and manufacturing-related fields 

13 when considering awards for existing grant programs, in14 cluding by— 

15 (1) encouraging State education agencies and 

16 local educational agencies to equip students with the 

17 skills, mentorships, training, and technical expertise 

18 necessary to fill the employment opportunities vital to 

19 managing and operating the Nation’s energy and 

20 manufacturing industries, in collaboration with rep21 resentatives from the energy and manufacturing in22 dustries (including the oil, gas, coal, nuclear, utility, 

23 pipeline, renewable, petrochemical, manufacturing, 

24 and electrical construction sectors) to identify the 

25 areas of highest need in each sector and the skills nec-
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1 essary for a high quality workforce in the following 

2 sectors of energy and manufacturing: 

3 (A) Energy efficiency industry, including 

4 work in energy efficiency, conservation, weather5 ization, or retrofitting, or as inspectors or audi6 tors. 

7 (B) Pipeline industry, including work in 

8 pipeline construction and maintenance or work 

9 as engineers or technical advisors. 

10 (C) Utility industry, including work in the 

11 generation, transmission, and distribution of 

12 electricity and natural gas, such as utility tech13 nicians, operators, lineworkers, engineers, sci14 entists, and information technology specialists. 

15 (D) Nuclear industry, including work as 

16 scientists, engineers, technicians, mathemati17 cians, or security personnel. 

18 (E) Oil and gas industry, including work 

19 as scientists, engineers, technicians, mathemati20 cians, petrochemical engineers, or geologists. 

21 (F) Renewable industry, including work in 

22 the development, manufacturing, and production 

23 of renewable energy sources (such as solar, hy24 dropower, wind, or geothermal energy). 
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1 (G) Coal industry, including work as coal 

2 miners, engineers, developers and manufacturers 

3 of state-of-the-art coal facilities, technology ven4 dors, coal transportation workers and operators, 

5 or mining equipment vendors. 

6 (H) Manufacturing industry, including 

7 work as operations technicians, operations and 

8 design in additive manufacturing, 3–D printing, 

9 advanced composites, and advanced aluminum 

10 and other metal alloys, industrial energy effi11 ciency management systems, including power 

12 electronics, and other innovative technologies. 

13 (I) Chemical manufacturing industry, in14 cluding work in construction (such as welders, 

15 pipefitters, and tool and die makers) or as in16 strument and electrical technicians, machinists, 

17 chemical process operators, chemical engineers, 

18 quality and safety professionals, and reliability 

19 engineers; and 

20 (2) strengthening and more fully engaging De21 partment of Energy programs and labs in carrying 

22 out the Department’s workforce development initia23 tives including the Minorities in Energy Initiative. 

24 (b) PROHIBITION.—Nothing in this section shall be 

25 construed to authorize the Secretary or any other officer or 
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1 employee of the Federal Government to incentivize, require, 

2 or coerce a State, school district, or school to adopt cur3 ricula aligned to the skills described in subsection (a). 

4 (c) PRIORITY.—The Secretary shall prioritize the edu5 cation and training of underrepresented groups in energy 

6 and manufacturing-related jobs. 

7 (d) CLEARINGHOUSE.—In carrying out this section, 

8 the Secretary shall establish a clearinghouse to— 

9 (1) maintain and update information and re10 sources on training and workforce development pro11 grams for energy and manufacturing-related jobs, in12 cluding job training and workforce development pro13 grams available to assist displaced and unemployed 

14 energy and manufacturing workers transitioning to 

15 new employment; and 

16 (2) provide technical assistance for States, local 

17 educational agencies, schools, community colleges, 

18 universities (including minority serving institutions), 

19 workforce development programs, labor-management 

20 organizations, and industry organizations that would 

21 like to develop and implement energy and manufac22 turing-related training programs. 

23 (e) COLLABORATION.—In carrying out this section, the 

24 Secretary— 
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1 (1) shall collaborate with States, local edu2 cational agencies, schools, community colleges, univer3 sities (including minority serving institutions), work4 force-training organizations, national laboratories, 

5 State energy offices, workforce investment boards, and 

6 the energy and manufacturing industries; 

7 (2) shall encourage and foster collaboration, 

8 mentorships, and partnerships among organizations 

9 (including industry, States, local educational agen10 cies, schools, community colleges, workforce-develop11 ment organizations, and colleges and universities) 

12 that currently provide effective job training programs 

13 in the energy and manufacturing fields and entities 

14 (including States, local educational agencies, schools, 

15 community colleges, workforce development programs, 

16 and colleges and universities) that seek to establish 

17 these types of programs in order to share best prac18 tices; and 

19 (3) shall collaborate with the Bureau of Labor 

20 Statistics, the Department of Commerce, the Bureau 

21 of the Census, States, and the energy and manufac22 turing industries to develop a comprehensive and de23 tailed understanding of the energy and manufac24 turing workforce needs and opportunities by State 

25 and by region. 
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1 (f) OUTREACH TO MINORITY SERVING INSTITU2 TIONS.—In carrying out this section, the Secretary shall— 

3 (1) give special consideration to increasing out4 reach to minority serving institutions and Histori5 cally Black Colleges and Universities; 

6 (2) make existing resources available through 

7 program cross-cutting to minority serving institu8 tions with the objective of increasing the number of 

9 skilled minorities and women trained to go into the 

10 energy and manufacturing sectors; 

11 (3) encourage industry to improve the opportu12 nities for students of minority serving institutions to 

13 participate in industry internships and cooperative 

14 work/study programs; and 

15 (4) partner with the Department of Energy lab16 oratories to increase underrepresented groups’ partici17 pation in internships, fellowships, traineeships, and 

18 employment at all Department of Energy labora19 tories. 

20 (g) OUTREACH TO DISLOCATED ENERGY AND MANU21 FACTURING WORKERS.—In carrying out this section, the 

22 Secretary shall— 

23 (1) give special consideration to increasing out24 reach to employers and job trainers preparing dis-
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1 located energy and manufacturing workers for in-de2 mand sectors or occupations; 

3 (2) make existing resources available through 

4 program cross-cutting to institutions serving dis5 located energy and manufacturing workers with the 

6 objective of training individuals to re-enter in-de7 mand sectors or occupations; 

8 (3) encourage the energy and manufacturing in9 dustries to improve opportunities for dislocated en10 ergy and manufacturing workers to participate in ca11 reer pathways; and 

12 (4) work closely with the energy and manufac13 turing industries to identify energy and manufac14 turing operations, such as coal-fired power plants and 

15 coal mines, scheduled for closure and to provide early 

16 intervention assistance to workers employed at such 

17 energy and manufacturing operations by— 

18 (A) partnering with State and local work19 force development boards; 

20 (B) giving special consideration to employ21 ers and job trainers preparing such workers for 

22 in-demand sectors or occupations; 

23 (C) making existing resources available 

24 through program cross-cutting to institutions 

25 serving such workers with the objective of train-
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1 ing them to re-enter in-demand sectors or occu2 pations; and 

3 (D) encouraging the energy and manufac4 turing industries to improve opportunities for 

5 such workers to participate in career pathways. 

6 (h) ENROLLMENT IN WORKFORCE DEVELOPMENT PRO7 GRAMS.—In carrying out this section, the Secretary shall 

8 work with industry and community-based workforce orga9 nizations to help identify candidates, including from under10 represented communities such as minorities, women, and 

11 veterans, to enroll in workforce development programs for 

12 energy and manufacturing-related jobs. 

13 (i) PROHIBITION.—Nothing in this section shall be 

14 construed as authorizing the creation of a new workforce 

15 development program. 

16 (j) DEFINITIONS.—In this section: 

17 (1) CAREER PATHWAYS; DISLOCATED WORKER; 

18 IN-DEMAND SECTORS OR OCCUPATIONS; LOCAL WORK19 FORCE DEVELOPMENT BOARD; STATE WORKFORCE DE20 VELOPMENT BOARD.—The terms ‘‘career pathways’’, 

21 ‘‘dislocated worker’’, ‘‘in-demand sectors or occupa22 tions’’, ‘‘local workforce development board’’, and 

23 ‘‘State workforce development board’’ have the mean24 ings given the terms ‘‘career pathways’’, ‘‘dislocated 

25 worker’’, ‘‘in-demand sectors or occupations’’, ‘‘local 
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1 board’’, and ‘‘State board’’, respectively, in section 3 

2 of the Workforce Innovation and Opportunity Act (29 

3 U.S.C. 3102). 

4 (2) MINORITY-SERVING INSTITUTION.—The term 

5 ‘‘minority-serving institution’’ means an institution 

6 of higher education with a designation of one of the 

7 following: 

8 (A) Hispanic-serving institution (as defined 

9 in 20 U.S.C.1101a(a)(5)). 

10 (B) Tribal College or University (as defined 

11 in 20 U.S.C.1059c(b)). 

12 (C) Alaska Native-serving institution or a 

13 Native Hawaiian-serving institution (as defined 

14 in 20 U.S.C.1059d(b)). 

15 (D) Predominantly Black Institution (as 

16 defined in 20 U.S.C.1059e(b)). 

17 (E) Native American-serving nontribal in18 stitution (as defined in 20 U.S.C.1059f(b)). 

19 (F) Asian American and Native American 

20 Pacific Islander-serving institution (as defined 

21 in 20 U.S.C.1059g(b)). 

22 SEC. 9002. REPORT. 

23 Five years after the date of enactment of this Act, the 

24 Secretary shall publish a comprehensive report to the Com25 mittee on Energy and Commerce and the Committee on 
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1 Education and the Workforce of the House of Representa2 tives and the Senate Energy and Natural Resources Com3 mittee on the outlook for energy and manufacturing sectors 

4 nationally. The report shall also include a comprehensive 

5 summary of energy and manufacturing job creation as a 

6 result of the enactment of this title. The report shall include 

7 performance data regarding the number of program partici8 pants served, the percentage of participants in competitive 

9 integrated employment two quarters and four quarters after 

10 program completion, the median income of program par11 ticipants two quarters and four quarters after program 

12 completion, and the percentage of program participants re13 ceiving industry-recognized credentials. 

14 SEC. 9003. USE OF EXISTING FUNDS. 

15 No additional funds are authorized to carry out the 

16 requirements of this title. Such requirements shall be car17 ried out using amounts otherwise authorized. 

18 DIVISION B—RESILIENT 

19 FEDERAL FORESTS 

20 SEC. 1. SHORT TITLE. 

21 This division may be cited as the ‘‘Resilient Federal 

22 Forests Act of 2016’’. 

23 SEC. 2. DEFINITIONS. 

24 In titles I through VIII of this division: 
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1 (1) CATASTROPHIC EVENT.—The term ‘‘cata2 strophic event’’ means any natural disaster (such as 

3 hurricane, tornado, windstorm, snow or ice storm, 

4 rain storm, high water, wind-driven water, tidal 

5 wave, earthquake, volcanic eruption, landslide, 

6 mudslide, drought, or insect or disease outbreak) or 

7 any fire, flood, or explosion, regardless of cause. 

8 (2) CATEGORICAL EXCLUSION.—The term ‘‘cat9 egorical exclusion’’ refers to an exception to the re10 quirements of the National Environmental Policy Act 

11 of 1969 (42 U.S.C. 4331 et seq.) for a project or activ12 ity relating to the management of National Forest 

13 System lands or public lands. 

14 (3) COLLABORATIVE PROCESS.—The term ‘‘col15 laborative process’’ refers to a process relating to the 

16 management of National Forest System lands or pub17 lic lands by which a project or activity is developed 

18 and implemented by the Secretary concerned through 

19 collaboration with interested persons, as described in 

20 section 603(b)(1)(C) of the Healthy Forests Restora21 tion Act of 2003 (16 U.S.C. 6591b(b)(1)(C)). 

22 (4) COMMUNITY WILDFIRE PROTECTION PLAN.— 

23 The term ‘‘community wildfire protection plan’’ has 

24 the meaning given that term in section 101(3) of the 
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1 Healthy Forests Restoration Act of 2003 (16 U.S.C. 

2 6511(3)). 

3 (5) COOS BAY WAGON ROAD GRANT LANDS.—The 

4 term ‘‘Coos Bay Wagon Road Grant lands’’ means 

5 the lands reconveyed to the United States pursuant to 

6 the first section of the Act of February 26, 1919 (40 

7 Stat. 1179). 

8 (6) FOREST MANAGEMENT ACTIVITY.—The term 

9 ‘‘forest management activity’’ means a project or ac10 tivity carried out by the Secretary concerned on Na11 tional Forest System lands or public lands in concert 

12 with the forest plan covering the lands. 

13 (7) FOREST PLAN.—The term ‘‘forest plan’’ 

14 means— 

15 (A) a land use plan prepared by the Bureau 

16 of Land Management for public lands pursuant 

17 to section 202 of the Federal Land Policy and 

18 Management Act of 1976 (43 U.S.C. 1712); or 

19 (B) a land and resource management plan 

20 prepared by the Forest Service for a unit of the 

21 National Forest System pursuant to section 6 of 

22 the Forest and Rangeland Renewable Resources 

23 Planning Act of 1974 (16 U.S.C. 1604). 

24 (8) LARGE-SCALE CATASTROPHIC EVENT.—The 

25 term ‘‘large-scale catastrophic event’’ means a cata-
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1 strophic event that adversely impacts at least 5,000 

2 acres of reasonably contiguous National Forest Sys3 tem lands or public lands. 

4 (9) NATIONAL FOREST SYSTEM.—The term ‘‘Na5 tional Forest System’’ has the meaning given that 

6 term in section 11(a) of the Forest and Rangeland 

7 Renewable Resources Planning Act of 1974 (16 

8 U.S.C. 1609(a)). 

9 (10) OREGON AND CALIFORNIA RAILROAD GRANT

10 LANDS.—The term ‘‘Oregon and California Railroad 

11 Grant lands’’ means the following lands: 

12 (A) All lands in the State of Oregon re13 vested in the United States under the Act of 

14 June 9, 1916 (39 Stat. 218), that are adminis15 tered by the Secretary of the Interior, acting 

16 through the Bureau of Land Management, pur17 suant to the first section of the Act of August 28, 

18 1937 (43 U.S.C. 1181a). 

19 (B) All lands in that State obtained by the 

20 Secretary of the Interior pursuant to the land ex21 changes authorized and directed by section 2 of 

22 the Act of June 24, 1954 (43 U.S.C. 1181h). 

23 (C) All lands in that State acquired by the 

24 United States at any time and made subject to 
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1 the provisions of title II of the Act of August 28, 

2 1937 (43 U.S.C. 1181f). 

3 (11) PUBLIC LANDS.—The term ‘‘public lands’’ 

4 has the meaning given that term in section 103(e) of 

5 the Federal Land Policy and Management Act of 

6 1976 (43 U.S.C. 1702(e)), except that the term in7 cludes Coos Bay Wagon Road Grant lands and Or8 egon and California Railroad Grant lands. 

9 (12) REFORESTATION ACTIVITY.—The term ‘‘re10 forestation activity’’ means a project or activity car11 ried out by the Secretary concerned whose primary 

12 purpose is the reforestation of impacted lands fol13 lowing a large-scale catastrophic event. The term in14 cludes planting, evaluating and enhancing natural 

15 regeneration, clearing competing vegetation, and other 

16 activities related to reestablishment of forest species 

17 on the fire-impacted lands. 

18 (13) RESOURCE ADVISORY COMMITTEE.—The 

19 term ‘‘resource advisory committee’’ has the meaning 

20 given that term in section 201(3) of the Secure Rural 

21 Schools and Community Self-Determination Act of 

22 2000 (16 U.S.C. 7121(3)). 

23 (14) SALVAGE OPERATION.—The term ‘‘salvage 

24 operation’’ means a forest management activity un-
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1 dertaken in response to a catastrophic event whose 

2 primary purpose— 

3 (A) is to prevent wildfire as a result of the 

4 catastrophic event, or, if the catastrophic event 

5 was wildfire, to prevent a re-burn of the fire-im6 pacted area; 

7 (B) is to provide an opportunity for utiliza8 tion of forest materials damaged as a result of 

9 the catastrophic event; or 

10 (C) is to provide a funding source for refor11 estation and other restoration activities for the 

12 National Forest System lands or public lands 

13 impacted by the catastrophic event. 

14 (15) SECRETARY CONCERNED.—The term ‘‘Sec15 retary concerned’’ means— 

16 (A) the Secretary of Agriculture, with re17 spect to National Forest System lands; and 

18 (B) the Secretary of the Interior, with re19 spect to public lands. 
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1 TITLE I—EXPEDITED ENVIRON2 MENTAL ANALYSIS AND 

3 AVAILABILITY OF CATEGOR4 ICAL EXCLUSIONS TO EXPE5 DITE FOREST MANAGEMENT 

6 ACTIVITIES 

7 SEC. 101. ANALYSIS OF ONLY TWO ALTERNATIVES (ACTION 

8 VERSUS NO ACTION) IN PROPOSED COLLABO9 RATIVE FOREST MANAGEMENT ACTIVITIES. 

10 (a) APPLICATION TO CERTAIN ENVIRONMENTAL AS11 SESSMENTS AND ENVIRONMENTAL IMPACT STATEMENTS.— 

12 This section shall apply whenever the Secretary concerned 

13 prepares an environmental assessment or an environmental 

14 impact statement pursuant to section 102(2) of the National 

15 Environmental Policy Act of 1969 (42 U.S.C. 4332(2)) for 

16 a forest management activity that— 

17 (1) is developed through a collaborative process; 

18 (2) is proposed by a resource advisory com19 mittee; or 

20 (3) is covered by a community wildfire protec21 tion plan. 

22 (b) CONSIDERATION OF ALTERNATIVES.—In an envi23 ronmental assessment or environmental impact statement 

24 described in subsection (a), the Secretary concerned shall 
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1 study, develop, and describe only the following two alter2 natives: 

3 (1) The forest management activity, as proposed 

4 pursuant to paragraph (1), (2), or (3) of subsection 

5 (a). 

6 (2) The alternative of no action. 

7 (c) ELEMENTS OF NON-ACTION ALTERNATIVE.—In the 

8 case of the alternative of no action, the Secretary concerned 

9 shall evaluate— 

10 (1) the effect of no action on— 

11 (A) forest health; 

12 (B) habitat diversity; 

13 (C) wildfire potential; and 

14 (D) insect and disease potential; and 

15 (2) the implications of a resulting decline in for16 est health, loss of habitat diversity, wildfire, or insect 

17 or disease infestation, given fire and insect and dis18 ease historic cycles, on— 

19 (A) domestic water costs; 

20 (B) wildlife habitat loss; and 

21 (C) other economic and social factors. 

22 SEC. 102. CATEGORICAL EXCLUSION TO EXPEDITE CERTAIN 

23 CRITICAL RESPONSE ACTIONS. 

24 (a) AVAILABILITY OF CATEGORICAL EXCLUSION.—A 

25 categorical exclusion is available to the Secretary concerned 
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1 to develop and carry out a forest management activity on 

2 National Forest System lands or public lands when the pri3 mary purpose of the forest management activity is— 

4 (1) to address an insect or disease infestation; 

5 (2) to reduce hazardous fuel loads; 

6 (3) to protect a municipal water source; 

7 (4) to maintain, enhance, or modify critical 

8 habitat to protect it from catastrophic disturbances; 

9 (5) to increase water yield; or 

10 (6) any combination of the purposes specified in 

11 paragraphs (1) through (5). 

12 (b) ACREAGE LIMITATIONS.— 

13 (1) IN GENERAL.—Except in the case of a forest 

14 management activity described in paragraph (2), a 

15 forest management activity covered by the categorical 

16 exclusion granted by subsection (a) may not contain 

17 harvest units exceeding a total of 5,000 acres. 

18 (2) LARGER AREAS AUTHORIZED.—A forest 

19 management activity covered by the categorical exclu20 sion granted by subsection (a) may not contain har21 vest units exceeding a total of 15,000 acres if the for22 est management activity— 

23 (A) is developed through a collaborative 

24 process; 
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1 (B) is proposed by a resource advisory com2 mittee; or 

3 (C) is covered by a community wildfire pro4 tection plan. 

5 SEC. 103. CATEGORICAL EXCLUSION TO EXPEDITE SALVAGE 

6 OPERATIONS IN RESPONSE TO CATA7 STROPHIC EVENTS. 

8 (a) AVAILABILITY OF CATEGORICAL EXCLUSION.—A 

9 categorical exclusion is available to the Secretary concerned 

10 to develop and carry out a salvage operation as part of the 

11 restoration of National Forest System lands or public lands 

12 following a catastrophic event. 

13 (b) ACREAGE LIMITATIONS.— 

14 (1) IN GENERAL.—A salvage operation covered 

15 by the categorical exclusion granted by subsection (a) 

16 may not contain harvest units exceeding a total of 

17 5,000 acres. 

18 (2) HARVEST AREA.—In addition to the limita19 tion imposed by paragraph (1), the harvest units cov20 ered by the categorical exclusion granted by subsection 

21 (a) may not exceed one-third of the area impacted by 

22 the catastrophic event. 

23 (c) ADDITIONAL REQUIREMENTS.— 

24 (1) ROAD BUILDING.—A salvage operation cov25 ered by the categorical exclusion granted by subsection 
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1 (a) may not include any new permanent roads. Tem2 porary roads constructed as part of the salvage oper3 ation shall be retired before the end of the fifth fiscal 

4 year beginning after the completion of the salvage op5 eration. 

6 (2) STREAM BUFFERS.—A salvage operation cov7 ered by the categorical exclusion granted by subsection 

8 (a) shall comply with the standards and guidelines 

9 for stream buffers contained in the applicable forest 

10 plan unless waived by the Regional Forester, in the 

11 case of National Forest System lands, or the State Di12 rector of the Bureau of Land Management, in the case 

13 of public lands. 

14 (3) REFORESTATION PLAN.—A reforestation plan 

15 shall be developed under section 3 of the Act of June 

16 9, 1930 (commonly known as the Knutson-Vanden17 berg Act; 16 U.S.C. 576b), as part of a salvage oper18 ation covered by the categorical exclusion granted by 

19 subsection (a). 

20 SEC. 104. CATEGORICAL EXCLUSION TO MEET FOREST 

21 PLAN GOALS FOR EARLY SUCCESSIONAL FOR22 ESTS. 

23 (a) AVAILABILITY OF CATEGORICAL EXCLUSION.—A 

24 categorical exclusion is available to the Secretary concerned 

25 to develop and carry out a forest management activity on 
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1 National Forest System lands or public lands when the pri2 mary purpose of the forest management activity is to mod3 ify, improve, enhance, or create early successional forests 

4 for wildlife habitat improvement and other purposes, con5 sistent with the applicable forest plan. 

6 (b) PROJECT GOALS.—To the maximum extent prac7 ticable, the Secretary concerned shall design a forest man8 agement activity under this section to meet early succes9 sional forest goals in such a manner so as to maximize pro10 duction and regeneration of priority species, as identified 

11 in the forest plan and consistent with the capability of the 

12 activity site. 

13 (c) ACREAGE LIMITATIONS.—A forest management ac14 tivity covered by the categorical exclusion granted by sub15 section (a) may not contain harvest units exceeding a total 

16 of 5,000 acres. 

17 SEC. 105. CLARIFICATION OF EXISTING CATEGORICAL EX18 CLUSION AUTHORITY RELATED TO INSECT 

19 AND DISEASE INFESTATION. 

20 Section 603(c)(2)(B) of the Healthy Forests Restora21 tion Act of 2003 (16 U.S.C. 6591b(c)(2)(B)) is amended by 

22 striking ‘‘Fire Regime Groups I, II, or III’’ and inserting 

23 ‘‘Fire Regime I, Fire Regime II, Fire Regime III, or Fire 

24 Regime IV’’. 
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1 SEC. 106. CATEGORICAL EXCLUSION TO IMPROVE, RE2 STORE, AND REDUCE THE RISK OF WILDFIRE. 

3 (a) AVAILABILITY OF CATEGORICAL EXCLUSION.—A 

4 categorical exclusion is available to the Secretary concerned 

5 to carry out a forest management activity described in sub6 section (c) on National Forest System Lands or public 

7 lands when the primary purpose of the activity is to im8 prove, restore, or reduce the risk of wildfire on those lands. 

9 (b) ACREAGE LIMITATIONS.—A forest management ac10 tivity covered by the categorical exclusion granted by sub11 section (a) may not exceed 5,000 acres. 

12 (c) AUTHORIZED ACTIVITIES.—The following activi13 ties may be carried out using a categorical exclusion grant14 ed by subsection (a): 

15 (1) Removal of juniper trees, medusahead rye, 

16 conifer trees, pin ̃on pine trees, cheatgrass, and other 

17 noxious or invasive weeds specified on Federal or 

18 State noxious weeds lists through late-season livestock 

19 grazing, targeted livestock grazing, prescribed burns, 

20 and mechanical treatments. 

21 (2) Performance of hazardous fuels management. 

22 (3) Creation of fuel and fire breaks. 

23 (4) Modification of existing fences in order to 

24 distribute livestock and help improve wildlife habitat. 

25 (5) Installation of erosion control devices. 
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1 (6) Construction of new and maintenance of per2 manent infrastructure, including stock ponds, water 

3 catchments, and water spring boxes used to benefit 

4 livestock and improve wildlife habitat. 

5 (7) Performance of soil treatments, native and 

6 non-native seeding, and planting of and trans7 planting sagebrush, grass, forb, shrub, and other spe8 cies. 

9 (8) Use of herbicides, so long as the Secretary 

10 concerned determines that the activity is otherwise 

11 conducted consistently with agency procedures, in12 cluding any forest plan applicable to the area covered 

13 by the activity. 

14 (d) DEFINITIONS.—In this section: 

15 (1) HAZARDOUS FUELS MANAGEMENT.—The 

16 term ‘‘hazardous fuels management’’ means any vege17 tation management activities that reduce the risk of 

18 wildfire. 

19 (2) LATE-SEASON GRAZING.—The term ‘‘late-sea20 son grazing’’ means grazing activities that occur after 

21 both the invasive species and native perennial species 

22 have completed their current-year annual growth 

23 cycle until new plant growth begins to appear in the 

24 following year. 
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1 (3) TARGETED LIVESTOCK GRAZING.—The term 

2 ‘‘targeted livestock grazing’’ means grazing used for 

3 purposes of hazardous fuel reduction. 

4 SEC. 107. COMPLIANCE WITH FOREST PLAN. 

5 A forest management activity covered by a categorical 

6 exclusion granted by this title shall be conducted in a man7 ner consistent with the forest plan applicable to the Na8 tional Forest System land or public lands covered by the 

9 forest management activity. 

10 TITLE II—SALVAGE AND REFOR11 ESTATION IN RESPONSE TO 

12 CATASTROPHIC EVENTS 

13 SEC. 201. EXPEDITED SALVAGE OPERATIONS AND REFOR14 ESTATION ACTIVITIES FOLLOWING LARGE15 SCALE CATASTROPHIC EVENTS. 

16 (a) EXPEDITED ENVIRONMENTAL ASSESSMENT.—Not17 withstanding any other provision of law, any environ18 mental assessment prepared by the Secretary concerned 

19 pursuant to section 102(2) of the National Environmental 

20 Policy Act of 1969 (42 U.S.C. 4332(2)) for a salvage oper21 ation or reforestation activity proposed to be conducted on 

22 National Forest System lands or public lands adversely im23 pacted by a large-scale catastrophic event shall be completed 

24 within 3 months after the conclusion of the catastrophic 

25 event. 
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1 (b) EXPEDITED IMPLEMENTATION AND COMPLE2 TION.—In the case of reforestation activities conducted on 

3 National Forest System lands or public lands adversely im4 pacted by a large-scale catastrophic event, the Secretary 

5 concerned shall achieve reforestation of at least 75 percent 

6 of the impacted lands during the 5-year period following 

7 the conclusion of the catastrophic event. 

8 (c) AVAILABILITY OF KNUTSON-VANDENBERG

9 FUNDS.—Amounts in the special fund established pursuant 

10 to section 3 of the Act of June 9, 1930 (commonly known 

11 as the Knutson-Vandenberg Act; 16 U.S.C. 576b) shall be 

12 available to the Secretary of Agriculture for reforestation 

13 activities authorized by this title. 

14 (d) TIMELINE FOR PUBLIC INPUT PROCESS.—Not15 withstanding any other provision of law, in the case of a 

16 salvage operation or reforestation activity proposed to be 

17 conducted on National Forest System lands or public lands 

18 adversely impacted by a large-scale catastrophic event, the 

19 Secretary concerned shall allow 30 days for public scoping 

20 and comment, 15 days for filing an objection, and 15 days 

21 for the agency response to the filing of an objection. Upon 

22 completion of this process and expiration of the period spec23 ified in subsection (a), the Secretary concerned shall imple24 ment the project immediately. 
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1 SEC. 202. COMPLIANCE WITH FOREST PLAN. 

2 A salvage operation or reforestation activity author3 ized by this title shall be conducted in a manner consistent 

4 with the forest plan applicable to the National Forest Sys5 tem lands or public lands covered by the salvage operation 

6 or reforestation activity. 

7 SEC. 203. PROHIBITION ON RESTRAINING ORDERS, PRE8 LIMINARY INJUNCTIONS, AND INJUNCTIONS 

9 PENDING APPEAL. 

10 No restraining order, preliminary injunction, or in11 junction pending appeal shall be issued by any court of the 

12 United States with respect to any decision to prepare or 

13 conduct a salvage operation or reforestation activity in re14 sponse to a large-scale catastrophic event. Section 705 of 

15 title 5, United States Code, shall not apply to any challenge 

16 to the salvage operation or reforestation activity. 

17 SEC. 204. EXCLUSION OF CERTAIN LANDS. 

18 In applying this title, the Secretary concerned may not 

19 carry out salvage operations or reforestation activities on 

20 National Forest System lands or public lands— 

21 (1) that are included in the National Wilderness 

22 Preservation System; 

23 (2) that are located within an inventoried 

24 roadless area unless the reforestation activity is con25 sistent with the forest plan; or 
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1 (3) on which timber harvesting for any purpose 

2 is prohibited by statute. 

3 TITLE III—COLLABORATIVE 

4 PROJECT LITIGATION RE5 QUIREMENT 

6 SEC. 301. DEFINITIONS. 

7 In this title: 

8 (1) COSTS.—The term ‘‘costs’’ refers to the fees 

9 and costs described in section 1920 of title 28, United 

10 States Code. 

11 (2) EXPENSES.—The term ‘‘expenses’’ includes 

12 the expenditures incurred by the staff of the Secretary 

13 concerned in preparing for and responding to a legal 

14 challenge to a collaborative forest management activ15 ity and in participating in litigation that challenges 

16 the forest management activity, including such staff 

17 time as may be used to prepare the administrative 

18 record, exhibits, declarations, and affidavits in con19 nection with the litigation. 

20 SEC. 302. BOND REQUIREMENT AS PART OF LEGAL CHAL21 LENGE OF CERTAIN FOREST MANAGEMENT 

22 ACTIVITIES. 

23 (a) BOND REQUIRED.—In the case of a forest manage24 ment activity developed through a collaborative process or 

25 proposed by a resource advisory committee, any plaintiff 
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1 or plaintiffs challenging the forest management activity 

2 shall be required to post a bond or other security equal to 

3 the anticipated costs, expenses, and attorneys fees of the Sec4 retary concerned as defendant, as reasonably estimated by 

5 the Secretary concerned. All proceedings in the action shall 

6 be stayed until the required bond or security is provided. 

7 (b) RECOVERY OF LITIGATION COSTS, EXPENSES, AND

8 ATTORNEYS FEES.— 

9 (1) MOTION FOR PAYMENT.—If the Secretary 

10 concerned prevails in an action challenging a forest 

11 management activity described in subsection (a), the 

12 Secretary concerned shall submit to the court a mo13 tion for payment, from the bond or other security 

14 posted under subsection (a) in such action, of the rea15 sonable costs, expenses, and attorneys fees incurred by 

16 the Secretary concerned. 

17 (2) MAXIMUM AMOUNT RECOVERED.—The 

18 amount of costs, expenses, and attorneys fees recovered 

19 by the Secretary concerned under paragraph (1) as a 

20 result of prevailing in an action challenging the forest 

21 management activity may not exceed the amount of 

22 the bond or other security posted under subsection (a) 

23 in such action. 

24 (3) RETURN OF REMAINDER.—Any funds re25 maining from the bond or other security posted under 
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1 subsection (a) after the payment of costs, expenses, 

2 and attorneys fees under paragraph (1) shall be re3 turned to the plaintiff or plaintiffs that posted the 

4 bond or security in the action. 

5 (c) RETURN OF BOND TO PREVAILING PLAINTIFF.— 

6 (1) IN GENERAL.—If the plaintiff ultimately pre7 vails on the merits in every action brought by the 

8 plaintiff challenging a forest management activity de9 scribed in subsection (a), the court shall return to the 

10 plaintiff any bond or security provided by the plain11 tiff under subsection (a), plus interest from the date 

12 the bond or security was provided. 

13 (2) ULTIMATELY PREVAILS ON THE MERITS.—In 

14 this subsection, the phrase ‘‘ultimately prevails on the 

15 merits’’ means, in a final enforceable judgment on the 

16 merits, a court rules in favor of the plaintiff on every 

17 cause of action in every action brought by the plain18 tiff challenging the forest management activity. 

19 (d) EFFECT OF SETTLEMENT.—If a challenge to a for20 est management activity described in subsection (a) for 

21 which a bond or other security was provided by the plaintiff 

22 under such subsection is resolved by settlement between the 

23 Secretary concerned and the plaintiff, the settlement agree24 ment shall provide for sharing the costs, expenses, and at25 torneys fees incurred by the parties. 
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1 (e) LIMITATION ON CERTAIN PAYMENTS.—Notwith2 standing section 1304 of title 31, United States Code, no 

3 award may be made under section 2412 of title 28, United 

4 States Code, and no amounts may be obligated or expended 

5 from the Claims and Judgment Fund of the United States 

6 Treasury to pay any fees or other expenses under such sec7 tions to any plaintiff related to an action challenging a 

8 forest management activity described in subsection (a). 

9 TITLE IV—SECURE RURAL 

10 SCHOOLS AND COMMUNITY 

11 SELF-DETERMINATION ACT 

12 AMENDMENTS 

13 SEC. 401. USE OF RESERVED FUNDS FOR TITLE II 

14 PROJECTS ON FEDERAL LAND AND CERTAIN 

15 NON-FEDERAL LAND. 

16 (a) REPEAL OF MERCHANTABLE TIMBER CON17 TRACTING PILOT PROGRAM.—Section 204(e) of the Secure 

18 Rural Schools and Community Self-Determination Act of 

19 2000 (16 U.S.C. 7124(e)) is amended by striking paragraph 

20 (3). 

21 (b) REQUIREMENTS FOR PROJECT FUNDS.—Section 

22 204 of the Secure Rural Schools and Community Self-De23 termination Act of 2000 (16 U.S.C. 7124) is amended by 

24 striking subsection (f) and inserting the following new sub25 section: 
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1 ‘‘(f) REQUIREMENTS FOR PROJECT FUNDS.— 

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

3 Secretary concerned shall ensure that at least 50 per4 cent of the project funds reserved by a participating 

5 county under section 102(d) shall be available only 

6 for projects that— 

7 ‘‘(A) include the sale of timber or other for8 est products, reduce fire risks, or improve water 

9 supplies; and 

10 ‘‘(B) implement stewardship objectives that 

11 enhance forest ecosystems or restore and improve 

12 land health and water quality. 

13 ‘‘(2) APPLICABILITY.—The requirement in para14 graph (1) shall apply only to project funds reserved 

15 by a participating county whose boundaries include 

16 Federal land that the Secretary concerned determines 

17 has been subject to a timber or other forest products 

18 program within 5 fiscal years before the fiscal year 

19 in which the funds are reserved.’’. 

20 SEC. 402. RESOURCE ADVISORY COMMITTEES. 

21 (a) RECOGNITION OF RESOURCE ADVISORY COMMIT22 TEES.—Section 205(a)(4) of the Secure Rural Schools and 

23 Community Self-Determination Act of 2000 (16 U.S.C. 

24 7125(a)(4)) is amended by striking ‘‘2012’’ each place it 

25 appears and inserting ‘‘2020’’. 
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1 (b) TEMPORARY REDUCTION IN COMPOSITION OF COM2 MITTEES.—Section 205(d) of the Secure Rural Schools and 

3 Community Self-Determination Act of 2000 (16 U.S.C. 

4 7125(d)) is amended— 

5 (1) in paragraph (1), by striking ‘‘Each’’ and 

6 inserting ‘‘Except during the period specified in 

7 paragraph (6), each’’; and 

8 (2) by adding at the end the following new para9 graph: 

10 ‘‘(6) TEMPORARY REDUCTION IN MINIMUM NUM11 BER OF MEMBERS.— 

12 ‘‘(A) TEMPORARY REDUCTION.—During the 

13 period beginning on the date of the enactment of 

14 this paragraph and ending on September 30, 

15 2020, a resource advisory committee established 

16 under this section may be comprised of nine or 

17 more members, of which— 

18 ‘‘(i) at least three shall be representa19 tive of interests described in subparagraph 

20 (A) of paragraph (2); 

21 ‘‘(ii) at least three shall be representa22 tive of interests described in subparagraph 

23 (B) of paragraph (2); and 
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1 ‘‘(iii) at least three shall be representa2 tive of interests described in subparagraph 

3 (C) of paragraph (2). 

4 ‘‘(B) ADDITIONAL REQUIREMENTS.—In ap5 pointing members of a resource advisory com6 mittee from the three categories described in 

7 paragraph (2), as provided in subparagraph (A), 

8 the Secretary concerned shall ensure balanced 

9 and broad representation in each category. In 

10 the case of a vacancy on a resource advisory 

11 committee, the vacancy shall be filled within 90 

12 days after the date on which the vacancy oc13 curred. Appointments to a new resource advisory 

14 committee shall be made within 90 days after the 

15 date on which the decision to form the new re16 source advisory committee was made. 

17 ‘‘(C) CHARTER.—A charter for a resource 

18 advisory committee with 15 members that was 

19 filed on or before the date of the enactment of 

20 this paragraph shall be considered to be filed for 

21 a resource advisory committee described in this 

22 paragraph. The charter of a resource advisory 

23 committee shall be reapproved before the expira24 tion of the existing charter of the resource advi25 sory committee. In the case of a new resource ad-
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1 visory committee, the charter of the resource ad2 visory committee shall be approved within 90 

3 days after the date on which the decision to form 

4 the new resource advisory committee was made.’’. 

5 (c) CONFORMING CHANGE TO PROJECT APPROVAL RE6 QUIREMENTS.—Section 205(e)(3) of the Secure Rural 

7 Schools and Community Self-Determination Act of 2000 

8 (16 U.S.C. 7125(e)(3)) is amended by adding at the end 

9 the following new sentence: ‘‘In the case of a resource advi10 sory committee consisting of fewer than 15 members, as au11 thorized by subsection (d)(6), a project may be proposed to 

12 the Secretary concerned upon approval by a majority of 

13 the members of the committee, including at least one mem14 ber from each of the three categories described in subsection 

15 (d)(2).’’. 

16 (d) EXPANDING LOCAL PARTICIPATION ON COMMIT17 TEES.—Section 205(d) of the Secure Rural Schools and 

18 Community Self-Determination Act of 2000 (16 U.S.C. 

19 7125(d)) is amended— 

20 (1) in paragraph (3), by inserting before the pe21 riod at the end the following: ‘‘, consistent with the 

22 requirements of paragraph (4)’’; and 

23 (2) by striking paragraph (4) and inserting the 

24 following new paragraph: 
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1 ‘‘(4) GEOGRAPHIC DISTRIBUTION.—The members 

2 of a resource advisory committee shall reside within 

3 the county or counties in which the committee has ju4 risdiction or an adjacent county.’’. 

5 SEC. 403. PROGRAM FOR TITLE II SELF-SUSTAINING RE6 SOURCE ADVISORY COMMITTEE PROJECTS. 

7 (a) SELF-SUSTAINING RESOURCE ADVISORY COM8 MITTEE PROJECTS.—Title II of the Secure Rural Schools 

9 and Community Self-Determination Act of 2000 (16 U.S.C. 

10 7121 et seq.) is amended by adding at the end the following 

11 new section: 

12 ‘‘SEC. 209. PROGRAM FOR SELF-SUSTAINING RESOURCE AD13 VISORY COMMITTEE PROJECTS. 

14 ‘‘(a) RAC PROGRAM.—The Chief of the Forest Service 

15 shall conduct a program (to be known as the ‘self-sustaining 

16 resource advisory committee program’ or ‘RAC program’) 

17 under which 10 resource advisory committees will propose 

18 projects authorized by subsection (c) to be carried out using 

19 project funds reserved by a participating county under sec20 tion 102(d). 

21 ‘‘(b) SELECTION OF PARTICIPATING RESOURCE ADVI22 SORY COMMITTEES.—The selection of resource advisory 

23 committees to participate in the RAC program is in the 

24 sole discretion of the Chief of the Forest Service, except that, 
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1 consistent with section 205(d)(6), a selected resource advi2 sory committee must have a minimum of six members. 

3 ‘‘(c) AUTHORIZED PROJECTS.—Notwithstanding the 

4 project purposes specified in sections 202(b), 203(c), and 

5 204(a)(5), projects under the RAC program are intended 

6 to— 

7 ‘‘(1) accomplish forest management objectives or 

8 support community development; and 

9 ‘‘(2) generate receipts. 

10 ‘‘(d) DEPOSIT AND AVAILABILITY OF REVENUES.— 

11 Any revenue generated by a project conducted under the 

12 RAC program, including any interest accrued from the rev13 enues, shall be— 

14 ‘‘(1) deposited in the special account in the 

15 Treasury established under section 102(d)(2)(A); and 

16 ‘‘(2) available, in such amounts as may be pro17 vided in advance in appropriation Acts, for addi18 tional projects under the RAC program. 

19 ‘‘(e) TERMINATION OF AUTHORITY.— 

20 ‘‘(1) IN GENERAL.—The authority to initiate a 

21 project under the RAC program shall terminate on 

22 September 30, 2020. 

23 ‘‘(2) DEPOSITS IN TREASURY.—Any funds avail24 able for projects under the RAC program and not ob-
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1 ligated by September 30, 2021, shall be deposited in 

2 the Treasury of the United States.’’. 

3 (b) EXCEPTION TO GENERAL RULE REGARDING

4 TREATMENT OF RECEIPTS.—Section 403(b) of the Secure 

5 Rural Schools and Community Self-Determination Act of 

6 2000 (16 U.S.C. 7153(b)) is amended by striking ‘‘All reve7 nues’’ and inserting ‘‘Except as provided in section 209, 

8 all revenues’’. 

9 SEC. 404. ADDITIONAL AUTHORIZED USE OF RESERVED 

10 FUNDS FOR TITLE III COUNTY PROJECTS. 

11 Section 302(a) of the Secure Rural Schools and Com12 munity Self-Determination Act of 2000 (16 U.S.C. 7142(a)) 

13 is amended— 

14 (1) in paragraph (2)— 

15 (A) by inserting ‘‘and law enforcement pa16 trols’’ after ‘‘including firefighting’’; and 

17 (B) by striking ‘‘and’’ at the end; 

18 (2) by redesignating paragraph (3) as para19 graph (4); and 

20 (3) by inserting after paragraph (2) the fol21 lowing new paragraph (3): 

22 ‘‘(3) to cover training costs and equipment pur23 chases directly related to the emergency services de24 scribed in paragraph (2); and’’. 
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1 SEC. 405. TREATMENT AS SUPPLEMENTAL FUNDING. 

2 Section 102 of the Secure Rural Schools and Commu3 nity Self-Determination Act of 2000 (16 U.S.C. 7112) is 

4 amended by adding at the end the following new subsection: 

5 ‘‘(f) TREATMENT AS SUPPLEMENTAL FUNDING.—None 

6 of the funds made available to a beneficiary county or other 

7 political subdivision of a State under this Act shall be used 

8 in lieu of or to otherwise offset State funding sources for 

9 local schools, facilities, or educational purposes.’’. 

10 TITLE V—STEWARDSHIP END 

11 RESULT CONTRACTING 

12 SEC. 501. CANCELLATION CEILINGS FOR STEWARDSHIP 

13 END RESULT CONTRACTING PROJECTS. 

14 (a) CANCELLATION CEILINGS.—Section 604 of the 

15 Healthy Forests Restoration Act of 2003 (16 U.S.C. 6591c) 

16 is amended— 

17 (1) by redesignating subsections (h) and (i) as 

18 subsections (i) and (j), respectively; and 

19 (2) by inserting after subsection (g) the following 

20 new subsection (h): 

21 ‘‘(h) CANCELLATION CEILINGS.— 

22 ‘‘(1) IN GENERAL.—The Chief and the Director 

23 may obligate funds to cover any potential cancella24 tion or termination costs for an agreement or contract 

25 under subsection (b) in stages that are economically 

26 or programmatically viable. 
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1 ‘‘(2) ADVANCE NOTICE TO CONGRESS OF CAN2 CELLATION CEILING IN EXCESS OF $25 MILLION.—Not 

3 later than 30 days before entering into a multiyear 

4 agreement or contract under subsection (b) that in5 cludes a cancellation ceiling in excess of $25 million, 

6 but does not include proposed funding for the costs of 

7 cancelling the agreement or contract up to such can8 cellation ceiling, the Chief or the Director, as the case 

9 may be, shall submit to the Committee on Energy and 

10 Natural Resources and the Committee on Agriculture, 

11 Nutrition, and Forestry of the Senate and the Com12 mittee on Natural Resources and the Committee on 

13 Agriculture of the House of Representatives a written 

14 notice that includes— 

15 ‘‘(A) the cancellation ceiling amounts pro16 posed for each program year in the agreement or 

17 contract; 

18 ‘‘(B) the reasons why such cancellation ceil19 ing amounts were selected; 

20 ‘‘(C) the extent to which the costs of contract 

21 cancellation are not included in the budget for 

22 the agreement or contract; and 

23 ‘‘(D) an assessment of the financial risk of 

24 not including budgeting for the costs of agree25 ment or contract cancellation. 
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1 ‘‘(3) TRANSMITTAL OF NOTICE TO OMB.—Not 

2 later than 14 days after the date on which written no3 tice is provided under paragraph (2) with respect to 

4 an agreement or contract under subsection (b), the 

5 Chief or the Director, as the case may be, shall trans6 mit a copy of the notice to the Director of the Office 

7 of Management and Budget.’’. 

8 (b) RELATION TO OTHER LAWS.—Section 604(d)(5) of 

9 the Healthy Forests Restoration Act of 2003 (16 U.S.C. 

10 6591c(d)(5)) is amended by striking ‘‘, the Chief may’’ and 

11 inserting ‘‘and section 2(a)(1) of the Act of July 31, 1947 

12 (commonly known as the Materials Act of 1947; 30 U.S.C. 

13 602(a)(1)), the Chief and the Director may’’. 

14 SEC. 502. EXCESS OFFSET VALUE. 

15 Section 604(g)(2) of the Healthy Forests Restoration 

16 Act of 2003 (16 U.S.C. 6591c(g)(2)) is amended by striking 

17 subparagraphs (A) and (B) and inserting the following new 

18 subparagraphs: 

19 ‘‘(A) use the excess to satisfy any out20 standing liabilities for cancelled agreements or 

21 contracts; or 

22 ‘‘(B) if there are no outstanding liabilities 

23 under subparagraph (A), apply the excess to 

24 other authorized stewardship projects.’’. 
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1 SEC. 503. PAYMENT OF PORTION OF STEWARDSHIP 

2 PROJECT REVENUES TO COUNTY IN WHICH 

3 STEWARDSHIP PROJECT OCCURS. 

4 Section 604(e) of the Healthy Forests Restoration Act 

5 of 2003 (16 U.S.C. 6591c(e)) is amended— 

6 (1) in paragraph (2)(B), by inserting ‘‘subject to 

7 paragraph (3)(A),’’ before ‘‘shall’’; and 

8 (2) in paragraph (3)(A), by striking ‘‘services re9 ceived by the Chief or the Director’’ and all that fol10 lows through the period at the end and inserting the 

11 following: ‘‘services and in-kind resources received by 

12 the Chief or the Director under a stewardship con13 tract project conducted under this section shall not be 

14 considered monies received from the National Forest 

15 System or the public lands, but any payments made 

16 by the contractor to the Chief or Director under the 

17 project shall be considered monies received from the 

18 National Forest System or the public lands.’’. 

19 SEC. 504. SUBMISSION OF EXISTING ANNUAL REPORT. 

20 Subsection (j) of section 604 of the Healthy Forests 

21 Restoration Act of 2003 (16 U.S.C. 6591c), as redesignated 

22 by section 501(a)(1), is amended by striking ‘‘report to the 

23 Committee on Agriculture, Nutrition, and Forestry of the 

24 Senate and the Committee on Agriculture of the House of 

25 Representatives’’ and inserting ‘‘submit to the congressional 

26 committees specified in subsection (h)(2) a report’’. 
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1 SEC. 505. FIRE LIABILITY PROVISION. 

2 Section 604(d) of the Healthy Forests Restoration Act 

3 of 2003 (16 U.S.C. 6591c(d)) is amended by adding at the 

4 end the following new paragraph: 

5 ‘‘(8) MODIFICATION.—Upon the request of the 

6 contractor, a contract or agreement under this section 

7 awarded before February 7, 2014, shall be modified 

8 by the Chief or Director to include the fire liability 

9 provisions described in paragraph (7).’’. 

10 TITLE VI—ADDITIONAL FUNDING 

11 SOURCES FOR FOREST MAN12 AGEMENT ACTIVITIES 

13 SEC. 601. DEFINITIONS. 

14 In this title: 

15 (1) ELIGIBLE ENTITY.—The term ‘‘eligible enti16 ty’’ means— 

17 (A) a State or political subdivision of a 

18 State containing National Forest System lands 

19 or public lands; 

20 (B) a publicly chartered utility serving one 

21 or more States or a political subdivision thereof; 

22 (C) a rural electric company; and 

23 (D) any other entity determined by the Sec24 retary concerned to be appropriate for participa25 tion in the Fund. 
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1 (2) FUND.—The term ‘‘Fund’’ means the State2 Supported Forest Management Fund established by 

3 section 603. 

4 SEC. 602. AVAILABILITY OF STEWARDSHIP PROJECT REVE5 NUES AND COLLABORATIVE FOREST LAND6 SCAPE RESTORATION FUND TO COVER FOR7 EST MANAGEMENT ACTIVITY PLANNING 

8 COSTS. 

9 (a) AVAILABILITY OF STEWARDSHIP PROJECT REVE10 NUES.—Section 604(e)(2)(B) of the Healthy Forests Res11 toration Act of 2003 (16 U.S.C. 6591c(e)(2)(B)), as amend12 ed by section 503, is further amended by striking ‘‘appro13 priation at the project site from which the monies are col14 lected or at another project site.’’ and inserting the fol15 lowing: ‘‘appropriation— 

16 ‘‘(i) at the project site from which the 

17 monies are collected or at another project 

18 site; and 

19 ‘‘(ii) to cover not more than 25 percent 

20 of the cost of planning additional steward21 ship contracting projects.’’. 

22 (b) AVAILABILITY OF COLLABORATIVE FOREST LAND23 SCAPE RESTORATION FUND.—Section 4003(f)(1) of the Om24 nibus Public Land Management Act of 2009 (16 U.S.C. 
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1 7303(f)(1)) is amended by striking ‘‘carrying out and’’ and 

2 inserting ‘‘planning, carrying out, and’’. 

3 SEC. 603. STATE-SUPPORTED PLANNING OF FOREST MAN4 AGEMENT ACTIVITIES. 

5 (a) STATE-SUPPORTED FOREST MANAGEMENT

6 FUND.—There is established in the Treasury of the United 

7 States a fund, to be known as the ‘‘State-Supported Forest 

8 Management Fund’’, to cover the cost of planning (espe9 cially related to compliance with section 102(2) of the Na10 tional Environmental Policy Act of 1969 (42 U.S.C. 

11 4332(2))), carrying out, and monitoring certain forest 

12 management activities on National Forest System lands or 

13 public lands. 

14 (b) CONTENTS.—The State-Supported Forest Manage15 ment Fund shall consist of such amounts as may be— 

16 (1) contributed by an eligible entity for deposit 

17 in the Fund; 

18 (2) appropriated to the Fund; or 

19 (3) generated by forest management activities 

20 carried out using amounts in the Fund. 

21 (c) GEOGRAPHICAL AND USE LIMITATIONS.—In mak22 ing a contribution under subsection (b)(1), an eligible enti23 ty may— 
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1 (1) specify the National Forest System lands or 

2 public lands for which the contribution may be ex3 pended; and 

4 (2) limit the types of forest management activi5 ties for which the contribution may be expended. 

6 (d) AUTHORIZED FOREST MANAGEMENT ACTIVI7 TIES.—In such amounts as may be provided in advance 

8 in appropriation Acts, the Secretary concerned may use the 

9 Fund to plan, carry out, and monitor a forest management 

10 activity that— 

11 (1) is developed through a collaborative process; 

12 (2) is proposed by a resource advisory com13 mittee; or 

14 (3) is covered by a community wildfire protec15 tion plan. 

16 (e) IMPLEMENTATION METHODS.—A forest manage17 ment activity carried out using amounts in the Fund may 

18 be carried out using a contract or agreement under section 

19 604 of the Healthy Forests Restoration Act of 2003 (16 

20 U.S.C. 6591c), the good neighbor authority provided by sec21 tion 8206 of the Agricultural Act of 2014 (16 U.S.C. 

22 2113a), a contract under section 14 of the National Forest 

23 Management Act of 1976 (16 U.S.C. 472a), or other author24 ity available to the Secretary concerned, but revenues gen25 erated by the forest management activity shall be used to 
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1 reimburse the Fund for planning costs covered using 

2 amounts in the Fund. 

3 (f) RELATION TO OTHER LAWS.— 

4 (1) REVENUE SHARING.—Subject to subsection 

5 (e), revenues generated by a forest management activ6 ity carried out using amounts from the Fund shall be 

7 considered monies received from the National Forest 

8 System. 

9 (2) KNUTSON-VANDERBERG ACT.—The Act of 

10 June 9, 1930 (commonly known as the Knutson11 Vanderberg Act; 16 U.S.C. 576 et seq.), shall apply to 

12 any forest management activity carried out using 

13 amounts in the Fund. 

14 (g) TERMINATION OF FUND.— 

15 (1) TERMINATION.—The Fund shall terminate 

16 10 years after the date of the enactment of this Act. 

17 (2) EFFECT OF TERMINATION.—Upon the termi18 nation of the Fund pursuant to paragraph (1) or 

19 pursuant to any other provision of law, unobligated 

20 contributions remaining in the Fund shall be re21 turned to the eligible entity that made the contribu22 tion. 
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1 TITLE VII—TRIBAL FORESTRY 

2 PARTICIPATION AND PROTEC3 TION 

4 SEC. 701. PROTECTION OF TRIBAL FOREST ASSETS 

5 THROUGH USE OF STEWARDSHIP END RE6 SULT CONTRACTING AND OTHER AUTHORI7 TIES. 

8 (a) PROMPT CONSIDERATION OF TRIBAL RE9 QUESTS.—Section 2(b) of the Tribal Forest Protection Act 

10 of 2004 (25 U.S.C. 3115a(b)) is amended— 

11 (1) in paragraph (1), by striking ‘‘Not later than 

12 120 days after the date on which an Indian tribe sub13 mits to the Secretary’’ and inserting ‘‘In response to 

14 the submission by an Indian tribe of’’; and 

15 (2) by adding at the end the following new para16 graph: 

17 ‘‘(4) TIME PERIODS FOR CONSIDERATION.— 

18 ‘‘(A) INITIAL RESPONSE.—Not later than 

19 120 days after the date on which the Secretary 

20 receives a tribal request under paragraph (1), the 

21 Secretary shall provide an initial response to the 

22 Indian tribe regarding— 

23 ‘‘(i) whether the request may meet the 

24 selection criteria described in subsection (c); 

25 and 
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1 ‘‘(ii) the likelihood of the Secretary en2 tering into an agreement or contract with 

3 the Indian tribe under paragraph (2) for 

4 activities described in paragraph (3). 

5 ‘‘(B) NOTICE OF DENIAL.—Notice under 

6 subsection (d) of the denial of a tribal request 

7 under paragraph (1) shall be provided not later 

8 than 1 year after the date on which the Sec9 retary received the request. 

10 ‘‘(C) COMPLETION.—Not later than 2 years 

11 after the date on which the Secretary receives a 

12 tribal request under paragraph (1), other than a 

13 tribal request denied under subsection (d), the 

14 Secretary shall— 

15 ‘‘(i) complete all environmental reviews 

16 necessary in connection with the agreement 

17 or contract and proposed activities under 

18 the agreement or contract; and 

19 ‘‘(ii) enter into the agreement or con20 tract with the Indian tribe under para21 graph (2).’’. 

22 (b) CONFORMING AND TECHNICAL AMENDMENTS.— 

23 Section 2 of the Tribal Forest Protection Act of 2004 (25 

24 U.S.C. 3115a) is amended— 
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1 (1) in subsections (b)(1) and (f)(1), by striking 

2 ‘‘section 347 of the Department of the Interior and 

3 Related Agencies Appropriations Act, 1999 (16 

4 U.S.C. 2104 note; Public Law 105–277) (as amended 

5 by section 323 of the Department of the Interior and 

6 Related Agencies Appropriations Act, 2003 (117 Stat. 

7 275))’’ and inserting ‘‘section 604 of the Healthy For8 ests Restoration Act of 2003 (16 U.S.C. 6591c)’’; and 

9 (2) in subsection (d), by striking ‘‘subsection 

10 (b)(1), the Secretary may’’ and inserting ‘‘paragraphs 

11 (1) and (4)(B) of subsection (b), the Secretary shall’’. 

12 SEC. 702. MANAGEMENT OF INDIAN FOREST LAND AUTHOR13 IZED TO INCLUDE RELATED NATIONAL FOR14 EST SYSTEM LANDS AND PUBLIC LANDS. 

15 Section 305 of the National Indian Forest Resources 

16 Management Act (25 U.S.C. 3104) is amended by adding 

17 at the end the following new subsection: 

18 ‘‘(c) INCLUSION OF CERTAIN NATIONAL FOREST SYS19 TEM LAND AND PUBLIC LAND.— 

20 ‘‘(1) AUTHORITY.—At the request of an Indian 

21 tribe, the Secretary concerned may treat Federal for22 est land as Indian forest land for purposes of plan23 ning and conducting forest land management activi24 ties under this section if the Federal forest land is lo25 cated within, or mostly within, a geographic area 
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1 that presents a feature or involves circumstances 

2 principally relevant to that Indian tribe, such as Fed3 eral forest land ceded to the United States by treaty, 

4 Federal forest land within the boundaries of a current 

5 or former reservation, or Federal forest land adju6 dicated to be tribal homelands. 

7 ‘‘(2) REQUIREMENTS.—As part of the agreement 

8 to treat Federal forest land as Indian forest land 

9 under paragraph (1), the Secretary concerned and the 

10 Indian tribe making the request shall— 

11 ‘‘(A) provide for continued public access ap12 plicable to the Federal forest land prior to the 

13 agreement, except that the Secretary concerned 

14 may limit or prohibit such access as needed; 

15 ‘‘(B) continue sharing revenue generated by 

16 the Federal forest land with State and local gov17 ernments either— 

18 ‘‘(i) on the terms applicable to the Fed19 eral forest land prior to the agreement, in20 cluding, where applicable, 25-percent pay21 ments or 50-percent payments; or 

22 ‘‘(ii) at the option of the Indian tribe, 

23 on terms agreed upon by the Indian tribe, 

24 the Secretary concerned, and State and 

25 county governments participating in a rev-
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1 enue sharing agreement for the Federal for2 est land; 

3 ‘‘(C) comply with applicable prohibitions 

4 on the export of unprocessed logs harvested from 

5 the Federal forest land; 

6 ‘‘(D) recognize all right-of-way agreements 

7 in place on Federal forest land prior to com8 mencement of tribal management activities; and 

9 ‘‘(E) ensure that all commercial timber re10 moved from the Federal forest land is sold on a 

11 competitive bid basis. 

12 ‘‘(3) LIMITATION.—Treating Federal forest land 

13 as Indian forest land for purposes of planning and 

14 conducting management activities pursuant to para15 graph (1) shall not be construed to designate the Fed16 eral forest land as Indian forest lands for any other 

17 purpose. 

18 ‘‘(4) DEFINITIONS.—In this subsection: 

19 ‘‘(A) FEDERAL FOREST LAND.—The term 

20 ‘Federal forest land’ means— 

21 ‘‘(i) National Forest System lands; and 

22 ‘‘(ii) public lands (as defined in sec23 tion 103(e) of the Federal Land Policy and 

24 Management Act of 1976 (43 U.S.C. 

25 1702(e))), including Coos Bay Wagon Road 
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1 Grant lands reconveyed to the United States 

2 pursuant to the first section of the Act of 

3 February 26, 1919 (40 Stat. 1179), and Or4 egon and California Railroad Grant lands. 

5 ‘‘(B) SECRETARY CONCERNED.—The term 

6 ‘Secretary concerned’ means— 

7 ‘‘(i) the Secretary of Agriculture, with 

8 respect to the Federal forest land referred to 

9 in subparagraph (A)(i); and 

10 ‘‘(ii) the Secretary of the Interior, with 

11 respect to the Federal forest land referred to 

12 in subparagraph (A)(ii).’’. 

13 SEC. 703. TRIBAL FOREST MANAGEMENT DEMONSTRATION 

14 PROJECT. 

15 The Secretary of the Interior and the Secretary of Ag16 riculture may carry out demonstration projects by which 

17 federally recognized Indian tribes or tribal organizations 

18 may contract to perform administrative, management, and 

19 other functions of programs of the Tribal Forest Protection 

20 Act of 2004 (25 U.S.C. 3115a et seq.) through contracts en21 tered into under the Indian Self-Determination and Edu22 cation Assistance Act (25 U.S.C. 450 et seq.). 
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1 TITLE VIII—MISCELLANEOUS 

2 FOREST MANAGEMENT PRO3 VISIONS 

4 SEC. 801. BALANCING SHORT- AND LONG-TERM EFFECTS OF 

5 FOREST MANAGEMENT ACTIVITIES IN CON6 SIDERING INJUNCTIVE RELIEF. 

7 As part of its weighing the equities while considering 

8 any request for an injunction that applies to any agency 

9 action as part of a forest management activity under titles 

10 I through VIII, the court reviewing the agency action shall 

11 balance the impact to the ecosystem likely affected by the 

12 forest management activity of— 

13 (1) the short- and long-term effects of under14 taking the agency action; against 

15 (2) the short- and long-term effects of not under16 taking the action. 

17 SEC. 802. CONDITIONS ON FOREST SERVICE ROAD DECOM18 MISSIONING. 

19 (a) CONSULTATION WITH AFFECTED COUNTY.—When20 ever any Forest Service defined maintenance level one- or 

21 two-system road within a designated high fire prone area 

22 of a unit of the National Forest System is considered for 

23 decommissioning, the Forest Supervisor of that unit of the 

24 National Forest System shall— 
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1 (1) consult with the government of the county 

2 containing the road regarding the merits and possible 

3 consequences of decommissioning the road; and 

4 (2) solicit possible alternatives to decommis5 sioning the road. 

6 (b) REGIONAL FORESTER APPROVAL.—A Forest Serv7 ice road described in subsection (a) may not be decommis8 sioned without the advance approval of the Regional For9 ester. 

10 SEC. 803. PROHIBITION ON APPLICATION OF EASTSIDE 

11 SCREENS REQUIREMENTS ON NATIONAL FOR12 EST SYSTEM LANDS. 

13 On and after the date of the enactment of this Act, 

14 the Secretary of Agriculture may not apply to National 

15 Forest System lands any of the amendments to forest plans 

16 adopted in the Decision Notice for the Revised Continuation 

17 of Interim Management Direction Establishing Riparian, 

18 Ecosystem and Wildlife Standards for Timber Sales (com19 monly known as the Eastside Screens requirements), in20 cluding all preceding or associated versions of these amend21 ments. 
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1 SEC. 804. USE OF SITE-SPECIFIC FOREST PLAN AMEND2 MENTS FOR CERTAIN PROJECTS AND ACTIVI3 TIES. 

4 If the Secretary concerned determines that, in order 

5 to conduct a project or carry out an activity implementing 

6 a forest plan, an amendment to the forest plan is required, 

7 the Secretary concerned shall execute such amendment as 

8 a nonsignificant plan amendment through the record of de9 cision or decision notice for the project or activity. 

10 SEC. 805. KNUTSON-VANDENBERG ACT MODIFICATIONS. 

11 (a) DEPOSITS OF FUNDS FROM NATIONAL FOREST

12 TIMBER PURCHASERS REQUIRED.—Section 3(a) of the Act 

13 of June 9, 1930 (commonly known as the Knutson-Vanden14 berg Act; 16 U.S.C. 576b(a)), is amended by striking ‘‘The 

15 Secretary’’ and all that follows through ‘‘any purchaser’’ 

16 and inserting the following: ‘‘The Secretary of Agriculture 

17 shall require each purchaser’’. 

18 (b) CONDITIONS ON USE OF DEPOSITS.—Section 3 of 

19 the Act of June 9, 1930 (commonly known as the Knutson20 Vandenberg Act; 16 U.S.C. 576b), is amended— 

21 (1) by striking ‘‘Such deposits’’ and inserting the 

22 following: 

23 ‘‘(b) Amounts deposited under subsection (a)’’; 

24 (2) by redesignating subsection (c) as subsection 

25 (d); and 
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1 (3) by inserting before subsection (d), as so redes2 ignated, the following new subsection (c): 

3 ‘‘(c)(1) Amounts in the special fund established pursu4 ant to this section— 

5 ‘‘(A) shall be used exclusively to implement ac6 tivities authorized by subsection (a); and 

7 ‘‘(B) may be used anywhere within the Forest 

8 Service Region from which the original deposits were 

9 collected. 

10 ‘‘(2) The Secretary of Agriculture may not deduct over11 head costs from the funds collected under subsection (a), ex12 cept as needed to fund personnel of the responsible Ranger 

13 District for the planning and implementation of the activi14 ties authorized by subsection (a).’’. 

15 SEC. 806. EXCLUSION OF CERTAIN NATIONAL FOREST SYS16 TEM LANDS AND PUBLIC LANDS. 

17 Unless specifically provided by a provision of titles I 

18 through VIII, the authorities provided by such titles do not 

19 apply with respect to any National Forest System lands 

20 or public lands— 

21 (1) that are included in the National Wilderness 

22 Preservation System; 

23 (2) that are located within an inventoried 

24 roadless area unless the forest management activity to 
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1 be carried out under such authority is consistent with 

2 the forest plan applicable to the area; or 

3 (3) on which timber harvesting for any purpose 

4 is prohibited by statute. 

5 SEC. 807. APPLICATION OF NORTHWEST FOREST PLAN SUR6 VEY AND MANAGE MITIGATION MEASURE 

7 STANDARD AND GUIDELINES. 

8 The Northwest Forest Plan Survey and Manage Miti9 gation Measure Standard and Guidelines shall not apply 

10 to any National Forest System lands or public lands. 

11 SEC. 808. MANAGEMENT OF BUREAU OF LAND MANAGE12 MENT LANDS IN WESTERN OREGON. 

13 (a) GENERAL RULE.—All of the public land managed 

14 by the Bureau of Land Management in the Salem District, 

15 Eugene District, Roseburg District, Coos Bay District, Med16 ford District, and the Klamath Resource Area of the 

17 Lakeview District in the State of Oregon shall hereafter be 

18 managed pursuant to title I of the of the Act of August 28, 

19 1937 (43 U.S.C. 1181a through 1181e). Except as provided 

20 in subsection (b), all of the revenue produced from such land 

21 shall be deposited in the Treasury of the United States in 

22 the Oregon and California land-grant fund and be subject 

23 to the provisions of title II of the Act of August 28, 1937 

24 (43 U.S.C. 1181f). 
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1 (b) CERTAIN LANDS EXCLUDED.—Subsection (a) does 

2 not apply to any revenue that is required to be deposited 

3 in the Coos Bay Wagon Road grant fund pursuant to sec4 tions 1 through 4 of the Act of May 24, 1939 (43 U.S.C. 

5 1181f–1 through f–4). 

6 SEC. 809. BUREAU OF LAND MANAGEMENT RESOURCE MAN7 AGEMENT PLANS. 

8 (a) ADDITIONAL ANALYSIS AND ALTERNATIVES.—To 

9 develop a full range of reasonable alternatives as required 

10 by the National Environmental Policy Act of 1969, the Sec11 retary of the Interior shall develop and consider in detail 

12 a reference analysis and two additional alternatives as part 

13 of the revisions of the resource management plans for the 

14 Bureau of Land Management’s Salem, Eugene, Coos Bay, 

15 Roseburg, and Medford Districts and the Klamath Resource 

16 Area of the Lakeview District. 

17 (b) REFERENCE ANALYSIS.—The reference analysis re18 quired by subsection (a) shall measure and assume the har19 vest of the annual growth net of natural mortality for all 

20 forested land in the planning area in order to determine 

21 the maximum sustained yield capacity of the forested land 

22 base and to establish a baseline by which the Secretary of 

23 the Interior shall measure incremental effects on the sus24 tained yield capacity and environmental impacts from 

25 management prescriptions in all other alternatives. 
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1 (c) ADDITIONAL ALTERNATIVES.— 

2 (1) CARBON SEQUESTRATION ALTERNATIVE.— 

3 The Secretary of the Interior shall develop and con4 sider an additional alternative with the goal of maxi5 mizing the total carbon benefits from forest storage 

6 and wood product storage. To the extent practicable, 

7 the analysis shall consider— 

8 (A) the future risks to forest carbon from 

9 wildfires, insects, and disease; 

10 (B) the amount of carbon stored in products 

11 or in landfills; 

12 (C) the life cycle benefits of harvested wood 

13 products compared to non-renewable products; 

14 and 

15 (D) the energy produced from wood resi16 dues. 

17 (2) SUSTAINED YIELD ALTERNATIVE.—The Sec18 retary of the Interior shall develop and consider an 

19 additional alternative that produces the greater of 500 

20 million board feet or the annual net growth on the 

21 acres classified as timberland, excluding any congres22 sionally reserved areas. The projected harvest levels, 

23 as nearly as practicable, shall be distributed among 

24 the Districts referred to in subsection (a) in the same 

25 proportion as the maximum yield capacity of each 
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1 such District bears to maximum yield capacity of the 

2 planning area as a whole. 

3 (d) ADDITIONAL ANALYSIS AND PUBLIC PARTICIPA4 TION.—The Secretary of the Interior shall publish the ref5 erence analysis and additional alternatives and analyze 

6 their environmental and economic consequences in a sup7 plemental draft environmental impact statement. The draft 

8 environmental impact statement and supplemental draft 

9 environmental impact statement shall be made available for 

10 public comment for a period of not less than 180 days. The 

11 Secretary shall respond to any comments received before 

12 making a final decision between all alternatives. 

13 (e) RULE OF CONSTRUCTION.—Nothing in this section 

14 shall affect the obligation of the Secretary of the Interior 

15 to manage the timberlands as required by the Act of August 

16 28, 1937 (50 Stat. 874; 43 U.S.C. 1181a–1181j). 

17 SEC. 810. LANDSCAPE-SCALE FOREST RESTORATION 

18 PROJECT. 

19 The Secretary of Agriculture shall develop and imple20 ment at least one landscape-scale forest restoration project 

21 that includes, as a defined purpose of the project, the gen22 eration of material that will be used to promote advanced 

23 wood products. The project shall be developed through a col24 laborative process. 
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1 TITLE IX—MAJOR DISASTER FOR 

2 WILDFIRE ON FEDERAL LAND 

3 SEC. 901. WILDFIRE ON FEDERAL LANDS. 

4 Section 102(2) of the Robert T. Stafford Disaster Relief 

5 and Emergency Assistance Act (42 U.S.C. 5122(2)) is 

6 amended— 

7 (1) by striking ‘‘(2)’’ and all that follows through 

8 ‘‘means’’ and inserting the following: 

9 ‘‘(2) MAJOR DISASTER.— 

10 ‘‘(A) MAJOR DISASTER.—The term ‘major 

11 disaster’ means’’; and 

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

13 ‘‘(B) MAJOR DISASTER FOR WILDFIRE ON

14 FEDERAL LANDS.—The term ‘major disaster for 

15 wildfire on Federal lands’ means any wildfire or 

16 wildfires, which in the determination of the 

17 President under section 802 warrants assistance 

18 under section 803 to supplement the efforts and 

19 resources of the Department of the Interior or the 

20 Department of Agriculture— 

21 ‘‘(i) on Federal lands; or 

22 ‘‘(ii) on non-Federal lands pursuant to 

23 a fire protection agreement or cooperative 

24 agreement.’’. 
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1 SEC. 902. DECLARATION OF A MAJOR DISASTER FOR WILD2 FIRE ON FEDERAL LANDS. 

3 The Robert T. Stafford Disaster Relief and Emergency 

4 Assistance Act (42 U.S.C. 5170 et seq.) is amended by add5 ing at the end the following: 

6 ‘‘TITLE VIII—MAJOR DISASTER 

7 FOR WILDFIRE ON FEDERAL 

8 LAND 

9 ‘‘SEC. 801. DEFINITIONS. 

10 ‘‘As used in this title— 

11 ‘‘(1) FEDERAL LAND.—The term ‘Federal land’ 

12 means— 

13 ‘‘(A) any land under the jurisdiction of the 

14 Department of the Interior; and 

15 ‘‘(B) any land under the jurisdiction of the 

16 United States Forest Service. 

17 ‘‘(2) FEDERAL LAND MANAGEMENT AGENCIES.— 

18 The term ‘Federal land management agencies’ 

19 means— 

20 ‘‘(A) the Bureau of Land Management; 

21 ‘‘(B) the National Park Service; 

22 ‘‘(C) the Bureau of Indian Affairs; 

23 ‘‘(D) the United States Fish and Wildlife 

24 Service; and 

25 ‘‘(E) the United States Forest Service. 
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1 ‘‘(3) WILDFIRE SUPPRESSION OPERATIONS.—The 

2 term ‘wildfire suppression operations’ means the 

3 emergency and unpredictable aspects of wildland fire4 fighting, including support, response, emergency sta5 bilization activities, and other emergency manage6 ment activities of wildland firefighting on Federal 

7 lands (or on non-Federal lands pursuant to a fire 

8 protection agreement or cooperative agreement) by the 

9 Federal land management agencies covered by the 

10 wildfire suppression subactivity of the Wildland Fire 

11 Management account or the FLAME Wildfire Sup12 pression Reserve Fund account of the Federal land 

13 management agencies. 

14 ‘‘SEC. 802. PROCEDURE FOR DECLARATION OF A MAJOR 

15 DISASTER FOR WILDFIRE ON FEDERAL 

16 LANDS. 

17 ‘‘(a) IN GENERAL.—The Secretary of the Interior or 

18 the Secretary of Agriculture may submit a request to the 

19 President consistent with the requirements of this title for 

20 a declaration by the President that a major disaster for 

21 wildfire on Federal lands exists. 

22 ‘‘(b) REQUIREMENTS.—A request for a declaration by 

23 the President that a major disaster for wildfire on Federal 

24 lands exists shall— 
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1 ‘‘(1) be made in writing by the respective Sec2 retary; 

3 ‘‘(2) certify that the amount appropriated in the 

4 current fiscal year for wildfire suppression operations 

5 of the Federal land management agencies under the 

6 jurisdiction of the respective Secretary, net of any 

7 concurrently enacted rescissions of wildfire suppres8 sion funds, increases the total unobligated balance of 

9 amounts available for wildfire suppression by an 

10 amount equal to or greater than the average total 

11 costs incurred by the Federal land management agen12 cies per year for wildfire suppression operations, in13 cluding the suppression costs in excess of appro14 priated amounts, over the previous ten fiscal years; 

15 ‘‘(3) certify that the amount available for wild16 fire suppression operations of the Federal land man17 agement agencies under the jurisdiction of the respec18 tive Secretary will be obligated not later than 30 days 

19 after such Secretary notifies the President that wild20 fire suppression funds will be exhausted to fund ongo21 ing and anticipated wildfire suppression operations 

22 related to the wildfire on which the request for the 

23 declaration of a major disaster for wildfire on Federal 

24 lands pursuant to this title is based; and 
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1 ‘‘(4) specify the amount required in the current 

2 fiscal year to fund wildfire suppression operations re3 lated to the wildfire on which the request for the dec4 laration of a major disaster for wildfire on Federal 

5 lands pursuant to this title is based. 

6 ‘‘(c) DECLARATION.—Based on the request of the re7 spective Secretary under this title, the President may de8 clare that a major disaster for wildfire on Federal lands 

9 exists. 

10 ‘‘SEC. 803. WILDFIRE ON FEDERAL LANDS ASSISTANCE. 

11 ‘‘(a) IN GENERAL.—In a major disaster for wildfire 

12 on Federal lands, the President may transfer funds, only 

13 from the account established pursuant to subsection (b), to 

14 the Secretary of the Interior or the Secretary of Agriculture 

15 to conduct wildfire suppression operations on Federal lands 

16 (and non-Federal lands pursuant to a fire protection agree17 ment or cooperative agreement). 

18 ‘‘(b) WILDFIRE SUPPRESSION OPERATIONS AC19 COUNT.—The President shall establish a specific account for 

20 the assistance available pursuant to a declaration under 

21 section 802. Such account may only be used to fund assist22 ance pursuant to this title. 

23 ‘‘(c) LIMITATION.— 

24 ‘‘(1) LIMITATION OF TRANSFER.—The assistance 

25 available pursuant to a declaration under section 802 
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1 is limited to the transfer of the amount requested pur2 suant to section 802(b)(4). The assistance available 

3 for transfer shall not exceed the amount contained in 

4 the wildfire suppression operations account estab5 lished pursuant to subsection (b). 

6 ‘‘(2) TRANSFER OF FUNDS.—Funds under this 

7 section shall be transferred from the wildfire suppres8 sion operations account to the wildfire suppression 

9 subactivity of the Wildland Fire Management Ac10 count. 

11 ‘‘(d) PROHIBITION OF OTHER TRANSFERS.—Except as 

12 provided in this section, no funds may be transferred to 

13 or from the account established pursuant to subsection (b) 

14 to or from any other fund or account. 

15 ‘‘(e) REIMBURSEMENT FOR WILDFIRE SUPPRESSION

16 OPERATIONS ON NON-FEDERAL LAND.—If amounts trans17 ferred under subsection (c) are used to conduct wildfire sup18 pression operations on non-Federal land, the respective Sec19 retary shall— 

20 ‘‘(1) secure reimbursement for the cost of such 

21 wildfire suppression operations conducted on the non22 Federal land; and 

23 ‘‘(2) transfer the amounts received as reimburse24 ment to the wildfire suppression operations account 

25 established pursuant to subsection (b). 
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1 ‘‘(f) ANNUAL ACCOUNTING AND REPORTING REQUIRE2 MENTS.—Not later than 90 days after the end of each fiscal 

3 year for which assistance is received pursuant to this sec4 tion, the respective Secretary shall submit to the Committees 

5 on Agriculture, Appropriations, the Budget, Natural Re6 sources, and Transportation and Infrastructure of the 

7 House of Representatives and the Committees on Agri8 culture, Nutrition, and Forestry, Appropriations, the Budg9 et, Energy and Natural Resources, Homeland Security and 

10 Governmental Affairs, and Indian Affairs of the Senate, 

11 and make available to the public, a report that includes 

12 the following: 

13 ‘‘(1) The risk-based factors that influenced man14 agement decisions regarding wildfire suppression op15 erations of the Federal land management agencies 

16 under the jurisdiction of the Secretary concerned. 

17 ‘‘(2) Specific discussion of a statistically signifi18 cant sample of large fires, in which each fire is ana19 lyzed for cost drivers, effectiveness of risk management 

20 techniques, resulting positive or negative impacts of 

21 fire on the landscape, impact of investments in pre22 paredness, suggested corrective actions, and such other 

23 factors as the respective Secretary considers appro24 priate. 
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1 ‘‘(3) Total expenditures for wildfire suppression 

2 operations of the Federal land management agencies 

3 under the jurisdiction of the respective Secretary, bro4 ken out by fire sizes, cost, regional location, and such 

5 other factors as the such Secretary considers appro6 priate. 

7 ‘‘(4) Lessons learned. 

8 ‘‘(5) Such other matters as the respective Sec9 retary considers appropriate. 

10 ‘‘(g) SAVINGS PROVISION.—Nothing in this title shall 

11 limit the Secretary of the Interior, the Secretary of Agri12 culture, Indian tribe, or a State from receiving assistance 

13 through a declaration made by the President under this Act 

14 when the criteria for such declaration have been met.’’. 

15 SEC. 903. PROHIBITION ON TRANSFERS. 

16 No funds may be transferred to or from the Federal 

17 land management agencies’ wildfire suppression operations 

18 accounts referred to in section 801(3) of the Robert T. Staf19 ford Disaster Relief and Emergency Assistance Act to or 

20 from any account or subactivity of the Federal land man21 agement agencies, as defined in section 801(2) of such Act, 

22 that is not used to cover the cost of wildfire suppression 

23 operations. 
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1 DIVISION C—NATURAL 

2 RESOURCES 

3 TITLE I—WESTERN WATER AND 

4 AMERICAN FOOD SECURITY ACT 

5 SEC. 1001. SHORT TITLE. 

6 This title may be cited as the ‘‘Western Water and 

7 American Food Security Act of 2015’’. 

8 SEC. 1002. FINDINGS. 

9 Congress finds as follows: 

10 (1) As established in the Proclamation of a State 

11 of Emergency issued by the Governor of the State on 

12 January 17, 2014, the State is experiencing record 

13 dry conditions. 

14 (2) Extremely dry conditions have persisted in 

15 the State since 2012, and the drought conditions are 

16 likely to persist into the future. 

17 (3) The water supplies of the State are at record18 low levels, as indicated by the fact that all major Cen19 tral Valley Project reservoir levels were at 20–35 per20 cent of capacity as of September 25, 2014. 

21 (4) The lack of precipitation has been a signifi22 cant contributing factor to the 6,091 fires experienced 

23 in the State as of September 15, 2014, and which cov24 ered nearly 400,000 acres. 
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1 (5) According to a study released by the Univer2 sity of California, Davis in July 2014, the drought 

3 has led to the fallowing of 428,000 acres of farmland, 

4 loss of $810 million in crop revenue, loss of $203 mil5 lion in dairy and other livestock value, and increased 

6 groundwater pumping costs by $454 million. The 

7 statewide economic costs are estimated to be $2.2 bil8 lion, with over 17,000 seasonal and part-time agricul9 tural jobs lost. 

10 (6) CVPIA Level II water deliveries to refuges 

11 have also been reduced by 25 percent in the north of 

12 Delta region, and by 35 percent in the south of Delta 

13 region. 

14 (7) Only one-sixth of the usual acres of rice fields 

15 are being flooded this fall, which leads to a significant 

16 decline in habitat for migratory birds and an in17 creased risk of disease at the remaining wetlands due 

18 to overcrowding of such birds. 

19 (8) The drought of 2013 through 2014 constitutes 

20 a serious emergency that poses immediate and severe 

21 risks to human life and safety and to the environment 

22 throughout the State. 

23 (9) The serious emergency described in para24 graph (4) requires— 
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1 (A) immediate and credible action that re2 spects the complexity of the water system of the 

3 State and the importance of the water system to 

4 the entire State; and 

5 (B) policies that do not pit stakeholders 

6 against one another, which history shows only 

7 leads to costly litigation that benefits no one and 

8 prevents any real solutions. 

9 (10) Data on the difference between water de10 mand and reliable water supplies for various regions 

11 of California south of the Delta, including the San 

12 Joaquin Valley, indicate there is a significant annual 

13 gap between reliable water supplies to meet agricul14 tural, municipal and industrial, groundwater, and 

15 refuges water needs within the Delta Division, San 

16 Luis Unit and Friant Division of the Central Valley 

17 Project and the State Water Project south of the Sac18 ramento-San Joaquin River Delta and the demands 

19 of those areas. This gap varies depending on the 

20 methodology of the analysis performed, but can be 

21 represented in the following ways: 

22 (A) For Central Valley Project South-of23 Delta water service contractors, if it is assumed 

24 that a water supply deficit is the difference in 

25 the amount of water available for allocation 
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1 versus the maximum contract quantity, then the 

2 water supply deficits that have developed from 

3 1992 to 2014 as a result of legislative and regu4 latory changes besides natural variations in hy5 drology during this timeframe range between 

6 720,000 and 1,100,000 acre-feet. 

7 (B) For Central Valley Project and State 

8 Water Project water service contractors south of 

9 the Delta and north of the Tehachapi mountain 

10 range, if it is assumed that a water supply def11 icit is the difference between reliable water sup12 plies, including maximum water contract deliv13 eries, safe yield of groundwater, safe yield of 

14 local and surface supplies and long-term con15 tracted water transfers, and water demands, in16 cluding water demands from agriculture, munic17 ipal and industrial and refuge contractors, then 

18 the water supply deficit ranges between approxi19 mately 2,500,000 to 2,700,000 acre-feet. 

20 (11) Data of pumping activities at the Central 

21 Valley Project and State Water Project delta pumps 

22 identifies that, on average from Water Year 2009 to 

23 Water Year 2014, take of Delta smelt is 80 percent 

24 less than allowable take levels under the biological 

25 opinion issued December 15, 2008. 
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1 (12) Data of field sampling activities of the 

2 Interagency Ecological Program located in the Sac3 ramento-San Joaquin Estuary identifies that, on av4 erage from 2005 to 2013, the program ‘‘takes’’ 3,500 

5 delta smelt during annual surveys with an authorized 

6 ‘‘take’’ level of 33,480 delta smelt annually—accord7 ing to the biological opinion issued December 9, 1997. 

8 (13) In 2015, better information exists than was 

9 known in 2008 concerning conditions and operations 

10 that may or may not lead to high salvage events that 

11 jeopardize the fish populations, and what alternative 

12 management actions can be taken to avoid jeopardy. 

13 (14) Alternative management strategies, remov14 ing non-native species, enhancing habitat, monitoring 

15 fish movement and location in real-time, and improv16 ing water quality in the Delta can contribute signifi17 cantly to protecting and recovering these endangered 

18 fish species, and at potentially lower costs to water 

19 supplies. 

20 (15) Resolution of fundamental policy questions 

21 concerning the extent to which application of the En22 dangered Species Act of 1973 affects the operation of 

23 the Central Valley Project and State Water Project is 

24 the responsibility of Congress. 
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1 SEC. 1003. DEFINITIONS. 

2 In this title: 

3 (1) DELTA.—The term ‘‘Delta’’ means the Sac4 ramento-San Joaquin Delta and the Suisun Marsh, 

5 as defined in sections 12220 and 29101 of the Cali6 fornia Public Resources Code. 

7 (2) EXPORT PUMPING RATES.—The term ‘‘export 

8 pumping rates’’ means the rates of pumping at the 

9 C.W. ‘‘Bill’’ Jones Pumping Plant and the Harvey O. 

10 Banks Pumping Plant, in the southern Delta. 

11 (3) LISTED FISH SPECIES.—The term ‘‘listed 

12 fish species’’ means listed salmonid species and the 

13 Delta smelt. 

14 (4) LISTED SALMONID SPECIES.—The term ‘‘list15 ed salmonid species’’ means natural origin steelhead, 

16 natural origin genetic spring run Chinook, and ge17 netic winter run Chinook salmon including hatchery 

18 steelhead or salmon populations within the evolution19 ary significant unit (ESU) or distinct population 

20 segment (DPS). 

21 (5) NEGATIVE IMPACT ON THE LONG-TERM SUR22 VIVAL.—The term ‘‘negative impact on the long-term 

23 survival’’ means to reduce appreciably the likelihood 

24 of the survival of a listed species in the wild by reduc25 ing the reproduction, numbers, or distribution of that 

26 species. 
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1 (6) OMR.—The term ‘‘OMR’’ means the Old and 

2 Middle River in the Delta. 

3 (7) OMR FLOW OF ¥5,000 CUBIC FEET PER SEC4 OND.—The term ‘‘OMR flow of ¥5,000 cubic feet per 

5 second’’ means Old and Middle River flow of negative 

6 5,000 cubic feet per second as described in— 

7 (A) the smelt biological opinion; and 

8 (B) the salmonid biological opinion. 

9 (8) SALMONID BIOLOGICAL OPINION.—The term 

10 ‘‘salmonid biological opinion’’ means the biological 

11 opinion issued by the National Marine Fisheries 

12 Service on June 4, 2009. 

13 (9) SMELT BIOLOGICAL OPINION.—The term 

14 ‘‘smelt biological opinion’’ means the biological opin15 ion on the Long-Term Operational Criteria and Plan 

16 for coordination of the Central Valley Project and 

17 State Water Project issued by the United States Fish 

18 and Wildlife Service on December 15, 2008. 

19 (10) STATE.—The term ‘‘State’’ means the State 

20 of California. 
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1 Subtitle A—ADJUSTING DELTA 

2 SMELT MANAGEMENT BASED 

3 ON INCREASED REAL-TIME 

4 MONITORING AND UPDATED 

5 SCIENCE 

6 SEC. 1011. DEFINITIONS. 

7 In this subtitle: 

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

9 Director of the United States Fish and Wildlife Serv10 ice. 

11 (2) DELTA SMELT.—The term ‘‘Delta smelt’’ 

12 means the fish species with the scientific name 

13 Hypomesus transpacificus. 

14 (3) SECRETARY.—The term ‘‘Secretary’’ means 

15 the Secretary of the Interior. 

16 (4) COMMISSIONER.—The term ‘‘Commissioner’’ 

17 means the Commissioner of the Bureau of Reclama18 tion. 

19 SEC. 1012. REVISE INCIDENTAL TAKE LEVEL CALCULATION 

20 FOR DELTA SMELT TO REFLECT NEW 

21 SCIENCE. 

22 (a) REVIEW AND MODIFICATION.—Not later than Octo23 ber 1, 2016, and at least every five years thereafter, the Di24 rector, in cooperation with other Federal, State, and local 

25 agencies, shall use the best scientific and commercial data 
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1 available to complete a review and, modify the method used 

2 to calculate the incidental take levels for adult and larval/ 

3 juvenile Delta smelt in the smelt biological opinion that 

4 takes into account all life stages, among other consider5 ations— 

6 (1) salvage information collected since at least 

7 1993; 

8 (2) updated or more recently developed statistical 

9 models; 

10 (3) updated scientific and commercial data; and 

11 (4) the most recent information regarding the en12 vironmental factors affecting Delta smelt salvage. 

13 (b) MODIFIED INCIDENTAL TAKE LEVEL.—Unless the 

14 Director determines in writing that one or more of the re15 quirements described in paragraphs (1) through (4) are not 

16 appropriate, the modified incidental take level described in 

17 subsection (a) shall— 

18 (1) be normalized for the abundance of 

19 prespawning adult Delta smelt using the Fall 

20 Midwater Trawl Index or other index; 

21 (2) be based on a simulation of the salvage that 

22 would have occurred from 1993 through 2012 if OMR 

23 flow has been consistent with the smelt biological 

24 opinions; 
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1 (3) base the simulation on a correlation between 

2 annual salvage rates and historic water clarity and 

3 OMR flow during the adult salvage period; and 

4 (4) set the incidental take level as the 80 percent 

5 upper prediction interval derived from simulated sal6 vage rates since at least 1993. 

7 SEC. 1013. FACTORING INCREASED REAL-TIME MONI8 TORING AND UPDATED SCIENCE INTO DELTA 

9 SMELT MANAGEMENT. 

10 (a) IN GENERAL.—The Director shall use the best sci11 entific and commercial data available to implement, con12 tinuously evaluate, and refine or amend, as appropriate, 

13 the reasonable and prudent alternative described in the 

14 smelt biological opinion, and any successor opinions or 

15 court order. The Secretary shall make all significant deci16 sions under the smelt biological opinion, or any successor 

17 opinions that affect Central Valley Project and State Water 

18 Project operations, in writing, and shall document the sig19 nificant facts upon which such decisions are made, con20 sistent with section 706 of title 5, United States Code. 

21 (b) INCREASED MONITORING TO INFORM REAL-TIME

22 OPERATIONS.—The Secretary shall conduct additional sur23 veys, on an annual basis at the appropriate time of the 

24 year based on environmental conditions, in collaboration 

25 with other Delta science interests. 
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1 (1) In implementing this section, the Secretary 

2 shall— 

3 (A) use the most accurate survey methods 

4 available for the detection of Delta smelt to deter5 mine the extent that adult Delta smelt are dis6 tributed in relation to certain levels of turbidity, 

7 or other environmental factors that may influ8 ence salvage rate; and 

9 (B) use results from appropriate survey 

10 methods for the detection of Delta smelt to deter11 mine how the Central Valley Project and State 

12 Water Project may be operated more efficiently 

13 to minimize salvage while maximizing export 

14 pumping rates without causing a significant 

15 negative impact on the long-term survival of the 

16 Delta smelt. 

17 (2) During the period beginning on December 1, 

18 2015, and ending March 31, 2016, and in each suc19 cessive December through March period, if suspended 

20 sediment loads enter the Delta from the Sacramento 

21 River and the suspended sediment loads appear likely 

22 to raise turbidity levels in the Old River north of the 

23 export pumps from values below 12 Nephelometric 

24 Turbidity Units (NTU) to values above 12 NTU, the 

25 Secretary shall— 
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1 (A) conduct daily monitoring using appro2 priate survey methods at locations including, but 

3 not limited to, the vicinity of Station 902 to de4 termine the extent that adult Delta smelt are 

5 moving with turbidity toward the export pumps; 

6 and 

7 (B) use results from the monitoring surveys 

8 referenced in paragraph (A) to determine how 

9 increased trawling can inform daily real-time 

10 Central Valley Project and State Water Project 

11 operations to minimize salvage while maxi12 mizing export pumping rates without causing a 

13 significant negative impact on the long-term sur14 vival of the Delta smelt. 

15 (c) PERIODIC REVIEW OF MONITORING.—Within 12 

16 months of the date of enactment of this title, and at least 

17 once every 5 years thereafter, the Secretary shall— 

18 (1) evaluate whether the monitoring program 

19 under subsection (b), combined with other monitoring 

20 programs for the Delta, is providing sufficient data to 

21 inform Central Valley Project and State Water 

22 Project operations to minimize salvage while maxi23 mizing export pumping rates without causing a sig24 nificant negative impact on the long-term survival of 

25 the Delta smelt; and 
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1 (2) determine whether the monitoring efforts 

2 should be changed in the short or long term to provide 

3 more useful data. 

4 (d) DELTA SMELT DISTRIBUTION STUDY.— 

5 (1) IN GENERAL.—No later than January 1, 

6 2016, and at least every five years thereafter, the Sec7 retary, in collaboration with the California Depart8 ment of Fish and Wildlife, the California Department 

9 of Water Resources, public water agencies, and other 

10 interested entities, shall implement new targeted sam11 pling and monitoring specifically designed to under12 stand Delta smelt abundance, distribution, and the 

13 types of habitat occupied by Delta smelt during all 

14 life stages. 

15 (2) SAMPLING.—The Delta smelt distribution 

16 study shall, at a minimum— 

17 (A) include recording water quality and 

18 tidal data; 

19 (B) be designed to understand Delta smelt 

20 abundance, distribution, habitat use, and move21 ment throughout the Delta, Suisun Marsh, and 

22 other areas occupied by the Delta smelt during 

23 all seasons; 

24 (C) consider areas not routinely sampled by 

25 existing monitoring programs, including wetland 
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1 channels, near-shore water, depths below 35 feet, 

2 and shallow water; and 

3 (D) use survey methods, including sampling 

4 gear, best suited to collect the most accurate data 

5 for the type of sampling or monitoring. 

6 (e) SCIENTIFICALLY SUPPORTED IMPLEMENTATION OF

7 OMR FLOW REQUIREMENTS.—In implementing the provi8 sions of the smelt biological opinion, or any successor bio9 logical opinion or court order, pertaining to management 

10 of reverse flow in the Old and Middle Rivers, the Secretary 

11 shall— 

12 (1) consider the relevant provisions of the bio13 logical opinion or any successor biological opinion; 

14 (2) to maximize Central Valley project and State 

15 Water Project water supplies, manage export pump16 ing rates to achieve a reverse OMR flow rate of 

17 ¥5,000 cubic feet per second unless information de18 veloped by the Secretary under paragraphs (3) and 

19 (4) leads the Secretary to reasonably conclude that a 

20 less negative OMR flow rate is necessary to avoid a 

21 negative impact on the long-term survival of the Delta 

22 smelt. If information available to the Secretary indi23 cates that a reverse OMR flow rate more negative 

24 than ¥5,000 cubic feet per second can be established 

25 without an imminent negative impact on the long- 
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1 term survival of the Delta smelt, the Secretary shall 

2 manage export pumping rates to achieve that more 

3 negative OMR flow rate; 

4 (3) document in writing any significant facts 

5 about real-time conditions relevant to the determina6 tions of OMR reverse flow rates, including— 

7 (A) whether targeted real-time fish moni8 toring in the Old River pursuant to this section, 

9 including monitoring in the vicinity of Station 

10 902, indicates that a significant negative impact 

11 on the long-term survival of the Delta smelt is 

12 imminent; and 

13 (B) whether near-term forecasts with avail14 able salvage models show under prevailing condi15 tions that OMR flow of ¥5,000 cubic feet per 

16 second or higher will cause a significant negative 

17 impact on the long-term survival of the Delta 

18 smelt; 

19 (4) show in writing that any determination to 

20 manage OMR reverse flow at rates less negative than 

21 ¥5,000 cubic feet per second is necessary to avoid a 

22 significant negative impact on the long-term survival 

23 of the Delta smelt, including an explanation of the 

24 data examined and the connection between those data 

25 and the choice made, after considering— 
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1 (A) the distribution of Delta smelt through2 out the Delta; 

3 (B) the potential effects of documented, 

4 quantified entrainment on subsequent Delta 

5 smelt abundance; 

6 (C) the water temperature; 

7 (D) other significant factors relevant to the 

8 determination; and 

9 (E) whether any alternative measures could 

10 have a substantially lesser water supply impact; 

11 and 

12 (5) for any subsequent biological opinion, make 

13 the showing required in paragraph (4) for any deter14 mination to manage OMR reverse flow at rates less 

15 negative than the most negative limit in the biological 

16 opinion if the most negative limit in the biological 

17 opinion is more negative than ¥5,000 cubic feet per 

18 second. 

19 (f) MEMORANDUM OF UNDERSTANDING.—No later 

20 than December 1, 2015, the Commissioner and the Director 

21 will execute a Memorandum of Understanding (MOU) to 

22 ensure that the smelt biological opinion is implemented in 

23 a manner that maximizes water supply while complying 

24 with applicable laws and regulations. If that MOU alters 

25 any procedures set out in the biological opinion, there will 
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1 be no need to reinitiate consultation if those changes will 

2 not have a significant negative impact on the long-term sur3 vival on listed species and the implementation of the MOU 

4 would not be a major change to implementation of the bio5 logical opinion. Any change to procedures that does not cre6 ate a significant negative impact on the long-term survival 

7 to listed species will not alter application of the take per8 mitted by the incidental take statement in the biological 

9 opinion under section 7(o)(2) of the Endangered Species Act 

10 of 1973. 

11 (g) CALCULATION OF REVERSE FLOW IN OMR.—With12 in 90 days of the enactment of this title, the Secretary is 

13 directed, in consultation with the California Department 

14 of Water Resources to revise the method used to calculate 

15 reverse flow in Old and Middle Rivers for implementation 

16 of the reasonable and prudent alternatives in the smelt bio17 logical opinion and the salmonid biological opinion, and 

18 any succeeding biological opinions, for the purpose of in19 creasing Central Valley Project and State Water Project 

20 water supplies. The method of calculating reverse flow in 

21 Old and Middle Rivers shall be reevaluated not less than 

22 every five years thereafter to achieve maximum export 

23 pumping rates within limits established by the smelt bio24 logical opinion, the salmonid biological opinion, and any 

25 succeeding biological opinions. 
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1 Subtitle B—ENSURING SALMONID 

2 MANAGEMENT IS RESPON3 SIVE TO NEW SCIENCE 

4 SEC. 1021. DEFINITIONS. 

5 In this subtitle: 

6 (1) ASSISTANT ADMINISTRATOR.—The term ‘‘As7 sistant Administrator’’ means the Assistant Adminis8 trator of the National Oceanic and Atmospheric Ad9 ministration for Fisheries. 

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

11 the Secretary of Commerce. 

12 (3) OTHER AFFECTED INTERESTS.—The term 

13 ‘‘other affected interests’’ means the State of Cali14 fornia, Indian tribes, subdivisions of the State of 

15 California, public water agencies and those who ben16 efit directly and indirectly from the operations of the 

17 Central Valley Project and the State Water Project. 

18 (4) COMMISSIONER.—The term ‘‘Commissioner’’ 

19 means the Commissioner of the Bureau of Reclama20 tion. 

21 (5) DIRECTOR.—The term ‘‘Director’’ means the 

22 Director of the United States Fish and Wildlife Serv23 ice. 
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1 SEC. 1022. PROCESS FOR ENSURING SALMONID MANAGE2 MENT IS RESPONSIVE TO NEW SCIENCE. 

3 (a) GENERAL DIRECTIVE.—The reasonable and pru4 dent alternative described in the salmonid biological opin5 ion allows for and anticipates adjustments in Central Val6 ley Project and State Water Project operation parameters 

7 to reflect the best scientific and commercial data currently 

8 available, and authorizes efforts to test and evaluate im9 provements in operations that will meet applicable regu10 latory requirements and maximize Central Valley Project 

11 and State Water Project water supplies and reliability. Im12 plementation of the reasonable and prudent alternative de13 scribed in the salmonid biological opinion shall be adjusted 

14 accordingly as new scientific and commercial data are de15 veloped. The Commissioner and the Assistant Adminis16 trator shall fully utilize these authorities as described below. 

17 (b) ANNUAL REVIEWS OF CERTAIN CENTRAL VALLEY

18 PROJECT AND STATE WATER PROJECT OPERATIONS.—No 

19 later than December 31, 2016, and at least annually there20 after: 

21 (1) The Commissioner, with the assistance of the 

22 Assistant Administrator, shall examine and identify 

23 adjustments to the initiation of Action IV.2.3 as set 

24 forth in the Biological Opinion and Conference Opin25 ion on the Long-Term Operations of the Central Val26 ley Project and State Water Project, Endangered Spe-
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1 cies Act Section 7 Consultation, issued by the Na2 tional Marine Fisheries Service on June 4, 2009, per3 taining to negative OMR flows, subject to paragraph 

4 (5). 

5 (2) The Commissioner, with the assistance of the 

6 Assistant Administrator, shall examine and identify 

7 adjustments in the timing, triggers or other oper8 ational details relating to the implementation of 

9 pumping restrictions in Action IV.2.1 pertaining to 

10 the inflow to export ratio, subject to paragraph (5). 

11 (3) Pursuant to the consultation and assessments 

12 carried out under paragraphs (1) and (2) of this sub13 section, the Commissioner and the Assistant Adminis14 trator shall jointly make recommendations to the Sec15 retary of the Interior and to the Secretary on adjust16 ments to project operations that, in the exercise of the 

17 adaptive management provisions of the salmonid bio18 logical opinion, will reduce water supply impacts of 

19 the salmonid biological opinion on the Central Valley 

20 Project and the California State Water Project and 

21 are consistent with the requirements of applicable law 

22 and as further described in subsection (c). 

23 (4) The Secretary and the Secretary of the Inte24 rior shall direct the Commissioner and Assistant Ad25 ministrator to implement recommended adjustments 
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1 to Central Valley Project and State Water Project op2 erations for which the conditions under subsection (c) 

3 are met. 

4 (5) The Assistant Administrator and the Com5 missioner shall review and identify adjustments to 

6 Central Valley Project and State Water Project oper7 ations with water supply restrictions in any successor 

8 biological opinion to the salmonid biological opinion, 

9 applying the provisions of this section to those water 

10 supply restrictions where there are references to Ac11 tions IV.2.1 and IV.2.3. 

12 (c) IMPLEMENTATION OF OPERATIONAL ADJUST13 MENTS.—After reviewing the recommendations under sub14 section (b), the Secretary of the Interior and the Secretary 

15 shall direct the Commissioner and the Assistant Adminis16 trator to implement those operational adjustments, or any 

17 combination, for which, in aggregate— 

18 (1) the net effect on listed species is equivalent 

19 to those of the underlying project operational param20 eters in the salmonid biological opinion, taking into 

21 account both— 

22 (A) efforts to minimize the adverse effects of 

23 the adjustment to project operations; and 

24 (B) whatever additional actions or measures 

25 may be implemented in conjunction with the ad-
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1 justments to operations to offset the adverse ef2 fects to listed species, consistent with (d), that 

3 are in excess of the adverse effects of the under4 lying operational parameters, if any; and 

5 (2) the effects of the adjustment can be reason6 ably expected to fall within the incidental take au7 thorizations. 

8 (d) EVALUATION OF OFFSETTING MEASURES.—When 

9 examining and identifying opportunities to offset the poten10 tial adverse effect of adjustments to operations under sub11 section (c)(1)(B), the Commissioner and the Assistant Ad12 ministrator shall take into account the potential species 

13 survival improvements that are likely to result from other 

14 measures which, if implemented in conjunction with such 

15 adjustments, would offset adverse effects, if any, of the ad16 justments. When evaluating offsetting measures, the Com17 missioner and the Assistant Administrator shall consider 

18 the type, timing and nature of the adverse effects, if any, 

19 to specific species and ensure that the measures likely pro20 vide equivalent overall benefits to the listed species in the 

21 aggregate, as long as the change will not cause a significant 

22 negative impact on the long-term survival of a listed 

23 salmonid species. 

24 (e) FRAMEWORK FOR EXAMINING OPPORTUNITIES TO

25 MINIMIZE OR OFFSET THE POTENTIAL ADVERSE EFFECT
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1 OF ADJUSTMENTS TO OPERATIONS.—Not later than Decem2 ber 31, 2015, and every five years thereafter, the Assistant 

3 Administrator shall, in collaboration with the Director of 

4 the California Department of Fish and Wildlife, based on 

5 the best scientific and commercial data available and for 

6 each listed salmonid species, issue estimates of the increase 

7 in through-Delta survival the Secretary expects to be 

8 achieved— 

9 (1) through restrictions on export pumping rates 

10 as specified by Action IV.2.3 as compared to limiting 

11 OMR flow to a fixed rate of ¥5,000 cubic feet per 

12 second within the time period Action IV.2.3 is appli13 cable, based on a given rate of San Joaquin River in14 flow to the Delta and holding other relevant factors 

15 constant; 

16 (2) through San Joaquin River inflow to export 

17 restrictions on export pumping rates specified within 

18 Action IV.2.1 as compared to the restrictions in the 

19 April/May period imposed by the State Water Re20 sources Control Board decision D–1641, based on a 

21 given rate of San Joaquin River inflow to the Delta 

22 and holding other relevant factors constant; 

23 (3) through physical habitat restoration im24 provements; 

25 (4) through predation control programs; 
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1 (5) through the installation of temporary bar2 riers, the management of Cross Channel Gates oper3 ations, and other projects affecting flow in the Delta; 

4 (6) through salvaging fish that have been en5 trained near the entrance to Clifton Court Forebay; 

6 (7) through any other management measures 

7 that may provide equivalent or better protections for 

8 listed species while maximizing export pumping rates 

9 without causing a significant negative impact on the 

10 long-term survival of a listed salmonid species; and 

11 (8) through development and implementation of 

12 conservation hatchery programs for salmon and 

13 steelhead to aid in the recovery of listed salmon and 

14 steelhead species. 

15 (f) SURVIVAL ESTIMATES.— 

16 (1) To the maximum extent practicable, the As17 sistant Administrator shall make quantitative esti18 mates of survival such as a range of percentage in19 creases in through-Delta survival that could result 

20 from the management measures, and if the scientific 

21 information is lacking for quantitative estimates, 

22 shall do so on qualitative terms based upon the best 

23 available science. 

24 (2) If the Assistant Administrator provides qual25 itative survival estimates for a species resulting from 
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1 one or more management measures, the Secretary 

2 shall, to the maximum extent feasible, rank the man3 agement measures described in subsection (e) in terms 

4 of their most likely expected contribution to increased 

5 through-Delta survival relative to the other measures. 

6 (3) If at the time the Assistant Administrator 

7 conducts the reviews under subsection (b), the Sec8 retary has not issued an estimate of increased 

9 through-Delta survival from different management 

10 measures pursuant to subsection (e), the Secretary 

11 shall compare the protections to the species from dif12 ferent management measures based on the best sci13 entific and commercial data available at the time. 

14 (g) COMPARISON OF ADVERSE CONSEQUENCES FOR

15 ALTERNATIVE MANAGEMENT MEASURES OF EQUIVALENT

16 PROTECTION FOR A SPECIES.— 

17 (1) For the purposes of this subsection and sub18 section (c)— 

19 (A) the alternative management measure or 

20 combination of alternative management meas21 ures identified in paragraph (2) shall be known 

22 as the ‘‘equivalent alternative measure’’; 

23 (B) the existing measure or measures iden24 tified in subparagraphs (2) (A), (B), (C), or (D) 
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1 shall be known as the ‘‘equivalent existing meas2 ure’’; and 

3 (C) an ‘‘equivalent increase in through4 Delta survival rates for listed salmonid species’’ 

5 shall mean an increase in through-Delta survival 

6 rates that is equivalent when considering the 

7 change in through-Delta survival rates for the 

8 listed salmonid species in the aggregate, and not 

9 the same change for each individual species, as 

10 long as the change in survival rates will not 

11 cause a significant negative impact on the long12 term survival of a listed salmonid species. 

13 (2) As part of the reviews of project operations 

14 pursuant to subsection (b), the Assistant Adminis15 trator shall determine whether any alternative man16 agement measures or combination of alternative man17 agement measures listed in subsection (e) (3) through 

18 (8) would provide an increase in through-Delta sur19 vival rates for listed salmonid species that is equiva20 lent to the increase in through-Delta survival rates for 

21 listed salmonid species from the following: 

22 (A) Through restrictions on export pumping 

23 rates as specified by Action IV.2.3, as compared 

24 to limiting OMR flow to a fixed rate of ¥5,000 
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1 cubic feet per second within the time period Ac2 tion IV.2.3 is applicable. 

3 (B) Through restrictions on export pumping 

4 rates as specified by Action IV.2.3, as compared 

5 to a modification of Action IV.2.3 that would 

6 provide additional water supplies, other than 

7 that described in subparagraph (A). 

8 (C) Through San Joaquin River inflow to 

9 export restrictions on export pumping rates spec10 ified within Action IV.2.1, as compared to the 

11 restrictions in the April/May period imposed by 

12 the State Water Resources Control Board deci13 sion D–1641. 

14 (D) Through San Joaquin River inflow to 

15 export restrictions on export pumping rates spec16 ified within Action IV.2.1, as compared to a 

17 modification of Action IV.2.1 that would reduce 

18 water supply impacts of the salmonid biological 

19 opinion on the Central Valley Project and the 

20 California State Water Project, other than that 

21 described in subparagraph (C). 

22 (3) If the Assistant Administrator identifies an 

23 equivalent alternative measure pursuant to para24 graph (2), the Assistant Administrator shall deter25 mine whether— 
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1 (A) it is technically feasible and within 

2 Federal jurisdiction to implement the equivalent 

3 alternative measure; 

4 (B) the State of California, or subdivision 

5 thereof, or local agency with jurisdiction has cer6 tified in writing within 10 calendar days to the 

7 Assistant Administrator that it has the authority 

8 and capability to implement the pertinent equiv9 alent alternative measure; or 

10 (C) the adverse consequences of doing so are 

11 less than the adverse consequences of the equiva12 lent existing measure, including a concise eval13 uation of the adverse consequences to other af14 fected interests. 

15 (4) If the Assistant Administrator makes the de16 terminations in subparagraph (3)(A) or (3)(B), the 

17 Commissioner shall adjust project operations to im18 plement the equivalent alternative measure in place of 

19 the equivalent existing measure in order to increase 

20 export rates of pumping to the greatest extent possible 

21 while maintaining a net combined effect of equivalent 

22 through-Delta survival rates for the listed salmonid 

23 species. 

24 (h) TRACKING ADVERSE EFFECTS BEYOND THE

25 RANGE OF EFFECTS ACCOUNTED FOR IN THE SALMONID
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1 BIOLOGICAL OPINION AND COORDINATED OPERATION WITH

2 THE DELTA SMELT BIOLOGICAL OPINION.— 

3 (1) Among the adjustments to the project oper4 ations considered through the adaptive management 

5 process under this section, the Assistant Adminis6 trator and the Commissioner shall— 

7 (A) evaluate the effects on listed salmonid 

8 species and water supply of the potential adjust9 ment to operational criteria described in sub10 paragraph (B); and 

11 (B) consider requiring that before some or 

12 all of the provisions of Actions IV.2.1. or IV.2.3 

13 are imposed in any specific instance, the Assist14 ant Administrator show that the implementation 

15 of these provisions in that specific instance is 

16 necessary to avoid a significant negative impact 

17 on the long-term survival of a listed salmonid 

18 species. 

19 (2) The Assistant Administrator, the Director, 

20 and the Commissioner, in coordination with State of21 ficials as appropriate, shall establish operational cri22 teria to coordinate management of OMR flows under 

23 the smelt and salmonid biological opinions, in order 

24 to take advantage of opportunities to provide addi-
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1 tional water supplies from the coordinated implemen2 tation of the biological opinions. 

3 (3) The Assistant Administrator and the Com4 missioner shall document the effects of any adaptive 

5 management decisions related to the coordinated oper6 ation of the smelt and salmonid biological opinions 

7 that prioritizes the maintenance of one species at the 

8 expense of the other. 

9 (i) REAL-TIME MONITORING AND MANAGEMENT.— 

10 Notwithstanding the calendar based triggers described in 

11 the salmonid biological opinion Reasonable and Prudent 

12 Alternative (RPA), the Assistant Administrator and the 

13 Commissioner shall not limit OMR reverse flow to ¥5,000 

14 cubic feet per second unless current monitoring data indi15 cate that this OMR flow limitation is reasonably required 

16 to avoid a significant negative impact on the long-term sur17 vival of a listed salmonid species. 

18 (j) EVALUATION AND IMPLEMENTATION OF MANAGE19 MENT MEASURES.—If the quantitative estimates of 

20 through-Delta survival established by the Secretary for the 

21 adjustments in subsection (b)(2) exceed the through-Delta 

22 survival established for the RPAs, the Secretary shall evalu23 ate and implement the management measures in subsection 

24 (b)(2) as a prerequisite to implementing the RPAs con25 tained in the Salmonid Biological Opinion. 
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1 (k) ACCORDANCE WITH OTHER LAW.—Consistent with 

2 section 706 of title 5, United States Code, decisions of the 

3 Assistant Administrator and the Commissioner described in 

4 subsections (b) through (j) shall be made in writing, on the 

5 basis of best scientific and commercial data currently avail6 able, and shall include an explanation of the data examined 

7 at the connection between those data and the decisions 

8 made. 

9 SEC. 1023. NON-FEDERAL PROGRAM TO PROTECT NATIVE 

10 ANADROMOUS FISH IN THE STANISLAUS 

11 RIVER. 

12 (a) ESTABLISHMENT OF NONNATIVE PREDATOR FISH

13 REMOVAL PROGRAM.—The Secretary and the districts, in 

14 consultation with the Director, shall jointly develop and 

15 conduct a nonnative predator fish removal program to re16 move nonnative striped bass, smallmouth bass, largemouth 

17 bass, black bass, and other nonnative predator fish species 

18 from the Stanislaus River. The program shall— 

19 (1) be scientifically based; 

20 (2) include methods to quantify the number and 

21 size of predator fish removed each year, the impact of 

22 such removal on the overall abundance of predator 

23 fish, and the impact of such removal on the popu24 lations of juvenile anadromous fish found in the 

25 Stanislaus River by, among other things, evaluating 
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1 the number of juvenile anadromous fish that migrate 

2 past the rotary screw trap located at Caswell; 

3 (3) among other methods, use wire fyke trapping, 

4 portable resistance board weirs, and boat 

5 electrofishing; and 

6 (4) be implemented as quickly as possible fol7 lowing the issuance of all necessary scientific re8 search. 

9 (b) MANAGEMENT.—The management of the program 

10 shall be the joint responsibility of the Secretary and the dis11 tricts. Such parties shall work collaboratively to ensure the 

12 performance of the program, and shall discuss and agree 

13 upon, among other things, changes in the structure, man14 agement, personnel, techniques, strategy, data collection, re15 porting, and conduct of the program. 

16 (c) CONDUCT.— 

17 (1) IN GENERAL.—By agreement between the 

18 Secretary and the districts, the program may be con19 ducted by their own personnel, qualified private con20 tractors hired by the districts, personnel of, on loan 

21 to, or otherwise assigned to the National Marine Fish22 eries Service, or a combination thereof. 

23 (2) PARTICIPATION BY THE NATIONAL MARINE

24 FISHERIES SERVICE.—If the districts elect to conduct 

25 the program using their own personnel or qualified 
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1 private contractors hired by them in accordance with 

2 paragraph (1), the Secretary may assign an employee 

3 of, on loan to, or otherwise assigned to the National 

4 Marine Fisheries Service, to be present for all activi5 ties performed in the field. Such presence shall ensure 

6 compliance with the agreed-upon elements specified in 

7 subsection (b). The districts shall pay the cost of such 

8 participation in accordance with subsection (d). 

9 (3) TIMING OF ELECTION.—The districts shall 

10 notify the Secretary of their election on or before Oc11 tober 15 of each calendar year of the program. Such 

12 an election shall apply to the work performed in the 

13 subsequent calendar year. 

14 (d) FUNDING.— 

15 (1) IN GENERAL.—The districts shall be respon16 sible for 100 percent of the cost of the program. 

17 (2) CONTRIBUTED FUNDS.—The Secretary may 

18 accept and use contributions of funds from the dis19 tricts to carry out activities under the program. 

20 (3) ESTIMATION OF COST.—On or before Decem21 ber 1 of each year of the program, the Secretary shall 

22 submit to the districts an estimate of the cost to be 

23 incurred by the National Marine Fisheries Service for 

24 the program in the following calendar year, if any, 

25 including the cost of any data collection and posting 
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1 under subsection (e). If an amount equal to the esti2 mate is not provided through contributions pursuant 

3 to paragraph (2) before December 31 of that year— 

4 (A) the Secretary shall have no obligation to 

5 conduct the program activities otherwise sched6 uled for such following calendar year until such 

7 amount is contributed by the districts; and 

8 (B) the districts may not conduct any as9 pect of the program until such amount is con10 tributed by the districts. 

11 (4) ACCOUNTING.—On or before September 1 of 

12 each year, the Secretary shall provide to the districts 

13 an accounting of the costs incurred by the Secretary 

14 for the program in the preceding calendar year. If the 

15 amount contributed by the districts pursuant to para16 graph (2) for that year was greater than the costs in17 curred by the Secretary, the Secretary shall— 

18 (A) apply the excess contributions to costs of 

19 activities to be performed by the Secretary under 

20 the program, if any, in the next calendar year; 

21 or 

22 (B) if no such activities are to be per23 formed, repay the excess contribution to the dis24 tricts. 
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1 (e) POSTING AND EVALUATION.—On or before the 15th 

2 day of each month, the Secretary shall post on the Internet 

3 website of the National Marine Fisheries Service a tabular 

4 summary of the raw data collected under the program in 

5 the preceding month. 

6 (f) IMPLEMENTATION.—The program is hereby found 

7 to be consistent with the requirements of the Central Valley 

8 Project Improvement Act (Public Law 102–575). No provi9 sion, plan or definition established or required by the Cen10 tral Valley Project Improvement Act (Public Law 102–575) 

11 shall be used to prohibit the imposition of the program, or 

12 to prevent the accomplishment of its goals. 

13 (g) TREATMENT OF STRIPED BASS.—For purposes of 

14 the application of the Central Valley Project Improvement 

15 Act (title XXXIV of Public Law 102–575) with respect to 

16 the program, striped bass shall not be treated as anad17 romous fish. 

18 (h) DEFINITION.—For the purposes of this section, the 

19 term ‘‘districts’’ means the Oakdale Irrigation District and 

20 the South San Joaquin Irrigation District, California. 

21 SEC. 1024. PILOT PROJECTS TO IMPLEMENT CALFED 

22 INVASIVE SPECIES PROGRAM. 

23 (a) IN GENERAL.—Not later than January 1, 2017, 

24 the Secretary of the Interior, in collaboration with the Sec25 retary of Commerce, the Director of the California Depart-
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1 ment of Fish and Wildlife, and other relevant agencies and 

2 interested parties, shall begin pilot projects to implement 

3 the invasive species control program authorized pursuant 

4 to section 103(d)(6)(A)(iv) of Public Law 108–361 (118 

5 Stat. 1690). 

6 (b) REQUIREMENTS.—The pilot projects shall— 

7 (1) seek to reduce invasive aquatic vegetation, 

8 predators, and other competitors which contribute to 

9 the decline of native listed pelagic and anadromous 

10 species that occupy the Sacramento and San Joaquin 

11 Rivers and their tributaries and the Sacramento-San 

12 Joaquin Bay-Delta; and 

13 (2) remove, reduce, or control the effects of spe14 cies, including Asiatic clams, silversides, gobies, Bra15 zilian water weed, water hyacinth, largemouth bass, 

16 smallmouth bass, striped bass, crappie, bluegill, white 

17 and channel catfish, and brown bullheads. 

18 (c) SUNSET.—The authorities provided under this sub19 section shall expire seven years after the Secretaries com20 mence implementation of the pilot projects pursuant to sub21 section (a). 

22 (d) EMERGENCY ENVIRONMENTAL REVIEWS.—To ex23 pedite the environmentally beneficial programs for the con24 servation of threatened and endangered species, the Secre25 taries shall consult with the Council on Environmental 
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1 Quality in accordance with section 1506.11 of title 40, Code 

2 of Federal Regulations (or successor regulations), to develop 

3 alternative arrangements to comply with the National En4 vironmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) 

5 for the projects pursuant to subsection (a). 

6 Subtitle C—OPERATIONAL FLEXI7 BILITY AND DROUGHT RELIEF 

8 SEC. 1031. DEFINITIONS. 

9 In this subtitle: 

10 (1) CENTRAL VALLEY PROJECT.—The term ‘‘Cen11 tral Valley Project’’ has the meaning given the term 

12 in section 3403 of the Central Valley Project Improve13 ment Act (Public Law 102–575; 106 Stat. 4707). 

14 (2) RECLAMATION PROJECT.—The term ‘‘Rec15 lamation Project’’ means a project constructed pursu16 ant to the authorities of the reclamation laws and 

17 whose facilities are wholly or partially located in the 

18 State. 

19 (3) SECRETARIES.—The term ‘‘Secretaries’’ 

20 means— 

21 (A) the Secretary of Agriculture; 

22 (B) the Secretary of Commerce; and 

23 (C) the Secretary of the Interior. 

24 (4) STATE WATER PROJECT.—The term ‘‘State 

25 Water Project’’ means the water project described by 
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1 California Water Code section 11550 et seq. and oper2 ated by the California Department of Water Re3 sources. 

4 (5) STATE.—The term ‘‘State’’ means the State 

5 of California. 

6 SEC. 1032. OPERATIONAL FLEXIBILITY IN TIMES OF 

7 DROUGHT. 

8 (a) WATER SUPPLIES.—For the period of time such 

9 that in any year that the Sacramento Valley Index is 6.5 

10 or lower, or at the request of the State of California, and 

11 until two succeeding years following either of those events 

12 have been completed where the final Sacramento Valley 

13 Index is 7.8 or greater, the Secretaries shall provide the 

14 maximum quantity of water supplies practicable to all in15 dividuals or district who receive Central Valley Project 

16 water under water service or repayments contracts, water 

17 rights settlement contracts, exchange contracts, or refuge 

18 contracts or agreements entered into prior to or after the 

19 date of enactment of this title; State Water Project contrac20 tors, and any other tribe, locality, water agency, or munici21 pality in the State, by approving, consistent with applica22 ble laws (including regulations), projects and operations to 

23 provide additional water supplies as quickly as practicable 

24 based on available information to address the emergency 

25 conditions. 
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1 (b) ADMINISTRATION.—In carrying out subsection (a), 

2 the Secretaries shall, consistent with applicable laws (in3 cluding regulations)— 

4 (1) issue all necessary permit decisions under the 

5 authority of the Secretaries not later than 30 days 

6 after the date on which the Secretaries receive a com7 pleted application from the State to place and use 

8 temporary barriers or operable gates in Delta chan9 nels to improve water quantity and quality for the 

10 State Water Project and the Central Valley Project 

11 south of Delta water contractors and other water 

12 users, on the condition that the barriers or operable 

13 gates— 

14 (A) do not result in a significant negative 

15 impact on the long-term survival of listed species 

16 within the Delta and provide benefits or have a 

17 neutral impact on in-Delta water user water 

18 quality; and 

19 (B) are designed so that formal consulta20 tions under section 7 of the Endangered Species 

21 Act of 1973 (16 U.S.C. 1536) are not necessary; 

22 (2) require the Director of the United States Fish 

23 and Wildlife Service and the Commissioner of Rec24 lamation— 
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1 (A) to complete, not later than 30 days after 

2 the date on which the Director or the Commis3 sioner receives a complete written request for 

4 water transfer, all requirements under the Na5 tional Environmental Policy Act of 1969 (42 

6 U.S.C. 4321 et seq.) and the Endangered Species 

7 Act of 1973 (16 U.S.C. 1531 et seq.) necessary to 

8 make final permit decisions on the request; and 

9 (B) to approve any water transfer request 

10 described in subparagraph (A) to maximize the 

11 quantity of water supplies available for non12 habitat uses, on the condition that actions associ13 ated with the water transfer comply with appli14 cable Federal laws (including regulations); 

15 (3) adopt a 1:1 inflow to export ratio, as meas16 ured as a 3-day running average at Vernalis during 

17 the period beginning on April 1, and ending on May 

18 31, absent a determination in writing that a more re19 strictive inflow to export ratio is required to avoid a 

20 significant negative impact on the long-term survival 

21 of a listed salmonid species under the Endangered 

22 Species Act of 1973 (16 U.S.C. 1531 et seq.); provided 

23 that the 1:1 inflow to export ratio shall apply for the 

24 increment of increased flow of the San Joaquin River 

25 resulting from the voluntary sale, transfers, or ex-
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1 changes of water from agencies with rights to divert 

2 water from the San Joaquin River or its tributaries 

3 and provided that the movement of the acquired, 

4 transferred, or exchanged water through the Delta 

5 consistent with the Central Valley Project’s and the 

6 State Water Project’s permitted water rights and pro7 vided that movement of the Central Valley Project 

8 water is consistent with the requirements of section 

9 3405(a)(1)(H) of the Central Valley Project Improve10 ment Act; and 

11 (4) allow and facilitate, consistent with existing 

12 priorities, water transfers through the C.W. ‘‘Bill’’ 

13 Jones Pumping Plant or the Harvey O. Banks Pump14 ing Plant from April 1 to November 30 provided 

15 water transfers comply with State law, including the 

16 California Environmental Quality Act. 

17 (c) ACCELERATED PROJECT DECISION AND ELE18 VATION.— 

19 (1) IN GENERAL.—On request by the Governor of 

20 the State, the Secretaries shall use the expedited pro21 cedures under this subsection to make final decisions 

22 relating to a Federal project or operation, or to local 

23 or State projects or operations that require decisions 

24 by the Secretary of the Interior or the Secretary of 

25 Commerce to provide additional water supplies if the 
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1 project’s or operation’s purpose is to provide relief for 

2 emergency drought conditions pursuant to subsections 

3 (a) and (b). 

4 (2) REQUEST FOR RESOLUTION.— 

5 (A) IN GENERAL.—On request by the Gov6 ernor of the State, the Secretaries referenced in 

7 paragraph (1), or the head of another Federal 

8 agency responsible for carrying out a review of 

9 a project, as applicable, the Secretary of the In10 terior shall convene a final project decision meet11 ing with the heads of all relevant Federal agen12 cies to decide whether to approve a project to 

13 provide relief for emergency drought conditions. 

14 (B) MEETING.—The Secretary of the Inte15 rior shall convene a meeting requested under sub16 paragraph (A) not later than 7 days after the 

17 date on which the meeting request is received. 

18 (3) NOTIFICATION.—On receipt of a request for 

19 a meeting under paragraph (2), the Secretary of the 

20 Interior shall notify the heads of all relevant Federal 

21 agencies of the request, including information on the 

22 project to be reviewed and the date of the meeting. 

23 (4) DECISION.—Not later than 10 days after the 

24 date on which a meeting is requested under para25 graph (2), the head of the relevant Federal agency 
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1 shall issue a final decision on the project, subject to 

2 subsection (e)(2). 

3 (5) MEETING CONVENED BY SECRETARY.—The 

4 Secretary of the Interior may convene a final project 

5 decision meeting under this subsection at any time, at 

6 the discretion of the Secretary, regardless of whether 

7 a meeting is requested under paragraph (2). 

8 (d) APPLICATION.—To the extent that a Federal agen9 cy, other than the agencies headed by the Secretaries, has 

10 a role in approving projects described in subsections (a) and 

11 (b), this section shall apply to those Federal agencies. 

12 (e) LIMITATION.—Nothing in this section authorizes 

13 the Secretaries to approve projects— 

14 (1) that would otherwise require congressional 

15 authorization; or 

16 (2) without following procedures required by ap17 plicable law. 

18 (f) DROUGHT PLAN.—For the period of time such that 

19 in any year that the Sacramento Valley index is 6.5 or 

20 lower, or at the request of the State of California, and until 

21 two succeeding years following either of those events have 

22 been completed where the final Sacramento Valley Index is 

23 7.8 or greater, the Secretaries of Commerce and the Interior, 

24 in consultation with appropriate State officials, shall de25 velop a drought operations plan that is consistent with the 
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1 provisions of this Act including the provisions that are in2 tended to provide additional water supplies that could be 

3 of assistance during the current drought. 

4 SEC. 1033. OPERATION OF CROSS-CHANNEL GATES. 

5 (a) IN GENERAL.—The Secretary of Commerce and the 

6 Secretary of the Interior shall jointly— 

7 (1) authorize and implement activities to ensure 

8 that the Delta Cross Channel Gates remain open to 

9 the maximum extent practicable using findings from 

10 the United States Geological Survey on diurnal be11 havior of juvenile salmonids, timed to maximize the 

12 peak flood tide period and provide water supply and 

13 water quality benefits for the duration of the drought 

14 emergency declaration of the State, and for the period 

15 of time such that in any year that the Sacramento 

16 Valley index is 6.5 or lower, or at the request of the 

17 State of California, and until two succeeding years 

18 following either of those events have been completed 

19 where the final Sacramento Valley Index is 7.8 or 

20 greater, consistent with operational criteria and mon21 itoring criteria set forth into the Order Approving a 

22 Temporary Urgency Change in License and Permit 

23 Terms in Response to Drought Conditions of the Cali24 fornia State Water Resources Control Board, effective 
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1 January 31, 2014 (or a successor order) and other 

2 authorizations associated with it; 

3 (2) with respect to the operation of the Delta 

4 Cross Channel Gates described in paragraph (1), col5 lect data on the impact of that operation on— 

6 (A) species listed as threatened or endan7 gered under the Endangered Species Act of 1973 

8 (16 U.S.C. 1531 et seq.); 

9 (B) water quality; and 

10 (C) water supply; 

11 (3) collaborate with the California Department 

12 of Water Resources to install a deflection barrier at 

13 Georgiana Slough in coordination with Delta Cross 

14 Channel Gate diurnal operations to protect migrating 

15 salmonids, consistent with knowledge gained from ac16 tivities carried out during 2014 and 2015; 

17 (4) evaluate the combined salmonid survival in 

18 light of activities carried out pursuant to paragraphs 

19 (1) through (3) in deciding how to operate the Delta 

20 Cross Channel gates to enhance salmonid survival 

21 and water supply benefits; and 

22 (5) not later than May 15, 2016, submit to the 

23 appropriate committees of the House of Representa24 tives and the Senate a notice and explanation on the 

25 extent to which the gates are able to remain open. 
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1 (b) RECOMMENDATIONS.—After assessing the informa2 tion collected under subsection (a), the Secretary of the Inte3 rior shall recommend revisions to the operation of the Delta 

4 Cross-Channel Gates, to the Central Valley Project, and to 

5 the State Water Project, including, if appropriate, any rea6 sonable and prudent alternative contained in the biological 

7 opinion issued by the National Marine Fisheries Service on 

8 June 4, 2009, that are likely to produce water supply bene9 fits without causing a significant negative impact on the 

10 long-term survival of the listed fish species within the Delta 

11 or on water quality. 

12 SEC. 1034. FLEXIBILITY FOR EXPORT/INFLOW RATIO. 

13 For the period of time such that in any year that the 

14 Sacramento Valley index is 6.5 or lower, or at the request 

15 of the State of California, and until two succeeding years 

16 following either of those events have been completed where 

17 the final Sacramento Valley Index is 7.8 or greater, the 

18 Commissioner of the Bureau of Reclamation shall continue 

19 to vary the averaging period of the Delta Export/Inflow 

20 ratio pursuant to the California State Water Resources 

21 Control Board decision D1641— 

22 (1) to operate to a 35-percent Export/Inflow 

23 ratio with a 3-day averaging period on the rising 

24 limb of a Delta inflow hydrograph; and 
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1 (2) to operate to a 14-day averaging period on 

2 the falling limb of the Delta inflow hydrograph. 

3 SEC. 1035. EMERGENCY ENVIRONMENTAL REVIEWS. 

4 (a) NEPA COMPLIANCE.—To minimize the time spent 

5 carrying out environmental reviews and to deliver water 

6 quickly that is needed to address emergency drought condi7 tions in the State during the duration of an emergency 

8 drought declaration, the Secretaries shall, in carrying out 

9 this Act, consult with the Council on Environmental Qual10 ity in accordance with section 1506.11 of title 40, Code of 

11 Federal Regulations (including successor regulations), to 

12 develop alternative arrangements to comply with the Na13 tional Environmental Policy Act of 1969 (42 U.S.C. 4321 

14 et seq.) during the emergency. 

15 (b) DETERMINATIONS.—For the purposes of this sec16 tion, a Secretary may deem a project to be in compliance 

17 with all necessary environmental regulations and reviews 

18 if the Secretary determines that the immediate implementa19 tion of the project is necessary to address— 

20 (1) human health and safety; or 

21 (2) a specific and imminent loss of agriculture 

22 production upon which an identifiable region depends 

23 for 25 percent or more of its tax revenue used to sup24 port public services including schools, fire or police 
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1 services, city or county health facilities, unemploy2 ment services or other associated social services. 

3 SEC. 1036. INCREASED FLEXIBILITY FOR REGULAR 

4 PROJECT OPERATIONS. 

5 The Secretaries shall, consistent with applicable laws 

6 (including regulations)— 

7 (1) in coordination with the California Depart8 ment of Water Resources and the California Depart9 ment of Fish and Wildlife, implement offsite up10 stream projects in the Delta and upstream of the Sac11 ramento River and San Joaquin basins that offset the 

12 effects on species listed as threatened or endangered 

13 under the Endangered Species Act of 1973 (16 U.S.C. 

14 1531 et seq.) due to activities carried out pursuant 

15 this Act, as determined by the Secretaries; 

16 (2) manage reverse flow in the Old and Middle 

17 Rivers at ¥6,100 cubic feet per second if real-time 

18 monitoring indicates that flows of ¥6,100 cubic feet 

19 per second or more negative can be established for 

20 specific periods without causing a significant negative 

21 impact on the long-term survival of the Delta smelt, 

22 or if real-time monitoring does not support flows of 

23 ¥6,100 cubic feet per second than manage OMR 

24 flows at ¥5,000 cubic feet per second subject to sec25 tion 1013(e)(3) and (4); and 
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1 (3) use all available scientific tools to identify 

2 any changes to real-time operations of the Bureau of 

3 Reclamation, State, and local water projects that 

4 could result in the availability of additional water 

5 supplies. 

6 SEC. 1037. TEMPORARY OPERATIONAL FLEXIBILITY FOR 

7 FIRST FEW STORMS OF THE WATER YEAR. 

8 (a) IN GENERAL.—Consistent with avoiding a signifi9 cant negative impact on the long-term survival in the short 

10 term upon listed fish species beyond the range of those au11 thorized under the Endangered Species Act of 1973 and 

12 other environmental protections under subsection (e), the 

13 Secretaries shall authorize the Central Valley Project and 

14 the State Water Project, combined, to operate at levels that 

15 result in negative OMR flows at ¥7,500 cubic feet per sec16 ond (based on United States Geological Survey gauges on 

17 Old and Middle Rivers) daily average for 56 cumulative 

18 days after October 1 as described in subsection (c). 

19 (b) DAYS OF TEMPORARY OPERATIONAL FLEXI20 BILITY.—The temporary operational flexibility described in 

21 subsection (a) shall be authorized on days that the Cali22 fornia Department of Water Resources determines the daily 

23 average river flow of the Sacramento River is at, or above, 

24 17,000 cubic feet per second as measured at the Sacramento 
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1 River at Freeport gauge maintained by the United States 

2 Geologic Survey. 

3 (c) COMPLIANCE WITH ENDANGERED SPECIES ACT

4 AUTHORIZATIONS.—In carrying out this section, the Secre5 taries may continue to impose any requirements under the 

6 smelt and salmonid biological opinions during any period 

7 of temporary operational flexibility as they determine are 

8 reasonably necessary to avoid an additional significant 

9 negative impacts on the long-term survival of a listed fish 

10 species beyond the range of those authorized under the En11 dangered Species Act of 1973, provided that the require12 ments imposed do not reduce water supplies available for 

13 the Central Valley Project and the State Water Project. 

14 (d) OTHER ENVIRONMENTAL PROTECTIONS.— 

15 (1) STATE LAW.—The Secretaries’ actions under 

16 this section shall be consistent with applicable regu17 latory requirements under State law. 

18 (2) FIRST SEDIMENT FLUSH.—During the first 

19 flush of sediment out of the Delta in each water year, 

20 and provided that such determination is based upon 

21 objective evidence, OMR flow may be managed at 

22 rates less negative than ¥5,000 cubic feet per second 

23 for a minimum duration to avoid movement of adult 

24 Delta smelt (Hypomesus transpacificus) to areas in 

25 the southern Delta that would be likely to increase en-
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1 trainment at Central Valley Project and State Water 

2 Project pumping plants. 

3 (3) APPLICABILITY OF OPINION.—This section 

4 shall not affect the application of the salmonid bio5 logical opinion from April 1 to May 31, unless the 

6 Secretary of Commerce finds that some or all of such 

7 applicable requirements may be adjusted during this 

8 time period to provide emergency water supply relief 

9 without resulting in additional adverse effects beyond 

10 those authorized under the Endangered Species Act of 

11 1973. In addition to any other actions to benefit 

12 water supply, the Secretary of the Interior and the 

13 Secretary of Commerce shall consider allowing 

14 through-Delta water transfers to occur during this pe15 riod if they can be accomplished consistent with sec16 tion 3405(a)(1)(H) of the Central Valley Project Im17 provement Act. Water transfers solely or exclusively 

18 through the State Water Project are not required to 

19 be consistent with section 3405(a)(1)(H) of the Cen20 tral Valley Project Improvement Act. 

21 (4) MONITORING.—During operations under this 

22 section, the Commissioner of Reclamation, in coordi23 nation with the Fish and Wildlife Service, National 

24 Marine Fisheries Service, and California Department 

25 of Fish and Wildlife, shall undertake a monitoring 
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1 program and other data gathering to ensure inci2 dental take levels are not exceeded, and to identify po3 tential negative impacts and actions, if any, nec4 essary to mitigate impacts of the temporary oper5 ational flexibility to species listed under the Endan6 gered Species Act of 1973 (16 U.S.C. 1531 et seq.). 

7 (e) TECHNICAL ADJUSTMENTS TO TARGET PERIOD.— 

8 If, before temporary operational flexibility has been imple9 mented on 56 cumulative days, the Secretaries operate the 

10 Central Valley Project and the State Water Project com11 bined at levels that result in OMR flows less negative than 

12 ¥7,500 cubic feet per second during days of temporary 

13 operational flexibility as defined in subsection (c), the dura14 tion of such operation shall not be counted toward the 56 

15 cumulative days specified in subsection (a). 

16 (f) EMERGENCY CONSULTATION; EFFECT ON RUNNING

17 AVERAGES.— 

18 (1) If necessary to implement the provisions of 

19 this section, the Commissioner is authorized to take 

20 any action necessary to implement this section for up 

21 to 56 cumulative days. If during the 56 cumulative 

22 days the Commissioner determines that actions nec23 essary to implement this section will exceed 56 days, 

24 the Commissioner shall use the emergency consulta25 tion procedures under the Endangered Species Act of 
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1 1973 and its implementing regulation at section 

2 402.05 of title 50, Code of Federal Regulations, to 

3 temporarily adjust the operating criteria under the 

4 biological opinions— 

5 (A) solely for extending beyond the 56 cu6 mulative days for additional days of temporary 

7 operational flexibility— 

8 (i) no more than necessary to achieve 

9 the purposes of this section consistent with 

10 the environmental protections in subsections 

11 (d) and (e); and 

12 (ii) including, as appropriate, adjust13 ments to ensure that the actual flow rates 

14 during the periods of temporary operational 

15 flexibility do not count toward the 5-day 

16 and 14-day running averages of tidally fil17 tered daily OMR flow requirements under 

18 the biological opinions, or 

19 (B) for other adjustments to operating cri20 teria or to take other urgent actions to address 

21 water supply shortages for the least amount of 

22 time or volume of diversion necessary as deter23 mined by the Commissioner. 

24 (2) Following the conclusion of the 56 cumu25 lative days of temporary operational flexibility, or the 
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1 extended number of days covered by the emergency 

2 consultation procedures, the Commissioner shall not 

3 reinitiate consultation on these adjusted operations, 

4 and no mitigation shall be required, if the effects on 

5 listed fish species of these operations under this sec6 tion remain within the range of those authorized 

7 under the Endangered Species Act of 1973 (16 U.S.C. 

8 1531 et seq.). If the Commissioner reinitiates con9 sultation, no mitigation measures shall be required. 

10 (g) LEVEL OF DETAIL REQUIRED FOR ANALYSIS.—In 

11 articulating the determinations required under this section, 

12 the Secretaries shall fully satisfy the requirements herein 

13 but shall not be expected to provide a greater level of sup14 porting detail for the analysis than feasible to provide with15 in the short timeframe permitted for timely decisionmaking 

16 in response to changing conditions in the Delta. 

17 SEC. 1038. EXPEDITING WATER TRANSFERS. 

18 (a) IN GENERAL.—Section 3405(a) of the Central Val19 ley Project Improvement Act (Public Law 102–575; 106 

20 Stat. 4709(a)) is amended— 

21 (1) by redesignating paragraphs (1) through (3) 

22 as paragraphs (4) through (6), respectively; 

23 (2) in the matter preceding paragraph (4) (as so 

24 designated)— 
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1 (A) in the first sentence, by striking ‘‘In 

2 order to’’ and inserting the following: 

3 ‘‘(1) IN GENERAL.—In order to’’; and 

4 (B) in the second sentence, by striking ‘‘Ex5 cept as provided herein’’ and inserting the fol6 lowing: 

7 ‘‘(3) TERMS.—Except as otherwise provided in 

8 this section’’; 

9 (3) by inserting before paragraph (3) (as so des10 ignated) the following: 

11 ‘‘(2) EXPEDITED TRANSFER OF WATER.—The 

12 Secretary shall take all necessary actions to facilitate 

13 and expedite transfers of Central Valley Project water 

14 in accordance with— 

15 ‘‘(A) this Act; 

16 ‘‘(B) any other applicable provision of the 

17 reclamation laws; and 

18 ‘‘(C) the National Environmental Policy 

19 Act of 1969 (42 U.S.C. 4321 et seq.).’’; 

20 (4) in paragraph (4) (as so designated)— 

21 (A) in subparagraph (A), by striking ‘‘to 

22 combination’’ and inserting ‘‘or combination’’; 

23 and 

24 (B) by striking ‘‘3405(a)(2) of this title’’ 

25 each place it appears and inserting ‘‘(5)’’; 
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1 (5) in paragraph (5) (as so designated), by add2 ing at the end the following: 

3 ‘‘(E) The contracting district from which 

4 the water is coming, the agency, or the Secretary 

5 shall determine if a written transfer proposal is 

6 complete within 45 days after the date of submis7 sion of the proposal. If the contracting district or 

8 agency or the Secretary determines that the pro9 posal is incomplete, the district or agency or the 

10 Secretary shall state with specificity what must 

11 be added to or revised for the proposal to be com12 plete.’’; and 

13 (6) in paragraph (6) (as so designated), by strik14 ing ‘‘3405(a)(1)(A)–(C), (E), (G), (H), (I), (L), and 

15 (M) of this title’’ and inserting ‘‘(A) through (C), (E), 

16 (G), (H), (I), (L), and (M) of paragraph (4)’’. 

17 (b) CONFORMING AMENDMENTS.—The Central Valley 

18 Project Improvement Act (Public Law 102–575) is amend19 ed— 

20 (1) in section 3407(c)(1) (106 Stat. 4726), by 

21 striking ‘‘3405(a)(1)(C)’’ and inserting 

22 ‘‘3405(a)(4)(C)’’; and 

23 (2) in section 3408(i)(1) (106 Stat. 4729), by 

24 striking ‘‘3405(a)(1) (A) and (J) of this title’’ and in-
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1 serting ‘‘subparagraphs (A) and (J) of section 

2 3405(a)(4)’’. 

3 SEC. 1039. ADDITIONAL EMERGENCY CONSULTATION. 

4 For adjustments to operating criteria other than under 

5 section 1038 of this subtitle or to take urgent actions to 

6 address water supply shortages for the least amount of time 

7 or volume of diversion necessary as determined by the Com8 missioner of Reclamation, no mitigation measures shall be 

9 required during any year that the Sacramento Valley index 

10 is 6.5 or lower, or at the request of the State of California, 

11 and until two succeeding years following either of those 

12 events have been completed where the final Sacramento Val13 ley Index is 7.8 or greater, and any mitigation measures 

14 imposed must be based on quantitative data and required 

15 only to the extent that such data demonstrates actual harm 

16 to species. 

17 SEC. 1040. ADDITIONAL STORAGE AT NEW MELONES. 

18 The Commissioner of Reclamation is directed to work 

19 with local water and irrigation districts in the Stanislaus 

20 River Basin to ascertain the water storage made available 

21 by the Draft Plan of Operations in New Melones Reservoir 

22 (DRPO) for water conservation programs, conjunctive use 

23 projects, water transfers, rescheduled project water and 

24 other projects to maximize water storage and ensure the 

25 beneficial use of the water resources in the Stanislaus River 
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1 Basin. All such programs and projects shall be implemented 

2 according to all applicable laws and regulations. The source 

3 of water for any such storage program at New Melones Res4 ervoir shall be made available under a valid water right, 

5 consistent with the State of California water transfer guide6 lines and any other applicable State water law. The Com7 missioner shall inform the Congress within 18 months set8 ting forth the amount of storage made available by the 

9 DRPO that has been put to use under this program, includ10 ing proposals received by the Commissioner from interested 

11 parties for the purpose of this section. 

12 SEC. 1041. REGARDING THE OPERATION OF FOLSOM RES13 ERVOIR. 

14 The Secretary of the Interior, in collaboration with the 

15 Sacramento Water Forum, shall expedite evaluation, com16 pletion and implementation of the Modified Lower Amer17 ican River Flow Management Standard developed by the 

18 Water Forum in 2015 to improve water supply reliability 

19 for Central Valley Project American River water contrac20 tors and resource protection in the lower American River 

21 during consecutive dry-years under current and future de22 mand and climate change conditions. 

23 SEC. 1042. APPLICANTS. 

24 In the event that the Bureau of Reclamation or another 

25 Federal agency initiates or reinitiates consultation with the 
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1 U.S. Fish and Wildlife Service or the National Marine 

2 Fisheries Service under section 7(a)(2) of the Endangered 

3 Species Act of 1973 (16 U.S.C. 1536(a)(2)), with respect 

4 to construction or operation of the Central Valley Project 

5 and State Water Project, or any part thereof, the State 

6 Water Project contractors and the Central Valley Project 

7 contractors will be accorded all the rights and responsibil8 ities extended to applicants in the consultation process. 

9 SEC. 1043. SAN JOAQUIN RIVER SETTLEMENT. 

10 (a) CALIFORNIA STATE LAW SATISFIED BY WARM

11 WATER FISHERY.— 

12 (1) IN GENERAL.—Sections 5930 through 5948 of 

13 the California Fish and Game Code, and all applica14 ble Federal laws, including the San Joaquin River 

15 Restoration Settlement Act (Public Law 111–11) and 

16 the Stipulation of Settlement (Natural Resources De17 fense Council, et al. v. Kirk Rodgers, et al., Eastern 

18 District of California, No. Civ. S–88–1658–LKK/ 

19 GGH), shall be satisfied by the existence of a warm 

20 water fishery in the San Joaquin River below Friant 

21 Dam, but upstream of Gravelly Ford. 

22 (2) DEFINITION OF WARM WATER FISHERY.—For 

23 the purposes of this section, the term ‘‘warm water 

24 fishery’’ means a water system that has an environ25 ment suitable for species of fish other than salmon 
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1 (including all subspecies) and trout (including all 

2 subspecies). 

3 (b) REPEAL OF THE SAN JOAQUIN RIVER SETTLE4 MENT.—As of the date of enactment of this section, the Sec5 retary of the Interior shall cease any action to implement 

6 the San Joaquin River Restoration Settlement Act (subtitle 

7 A of title X of Public Law 111–11) and the Stipulation 

8 of Settlement (Natural Resources Defense Council, et al. v. 

9 Kirk Rodgers, et al., Eastern District of California, No. Civ. 

10 S–88–1658 LKK/GGH). 

11 SEC. 1044. PROGRAM FOR WATER RESCHEDULING. 

12 By December 31, 2015, the Secretary of the Interior 

13 shall develop and implement a program, including resched14 uling guidelines for Shasta and Folsom Reservoirs, to allow 

15 existing Central Valley Project agricultural water service 

16 contractors within the Sacramento River Watershed, and 

17 refuge service and municipal and industrial water service 

18 contractors within the Sacramento River Watershed and the 

19 American River Watershed to reschedule water, provided for 

20 under their Central Valley Project contracts, from one year 

21 to the next; provided, that the program is consistent with 

22 existing rescheduling guidelines as utilized by the Bureau 

23 of Reclamation for rescheduling water for Central Valley 

24 Project water service contractors that are located South of 

25 the Delta. 
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1 Subtitle D—CALFED STORAGE 

2 FEASIBILITY STUDIES 

3 SEC. 1051. STUDIES. 

4 The Secretary of the Interior, through the Commis5 sioner of Reclamation, shall— 

6 (1) complete the feasibility studies described in 

7 clauses (i)(I) and (ii)(II) of section 103(d)(1)(A) of 

8 Public Law 108–361 (118 Stat. 1684) and submit 

9 such studies to the appropriate committees of the 

10 House of Representatives and the Senate not later 

11 than December 31, 2015; 

12 (2) complete the feasibility study described in 

13 clause (i)(II) of section 103(d)(1)(A) of Public Law 

14 108–361 and submit such study to the appropriate 

15 committees of the House of Representatives and the 

16 Senate not later than November 30, 2016; 

17 (3) complete a publicly available draft of the fea18 sibility study described in clause (ii)(I) of section 

19 103(d)(1)(A) of Public Law 108–361 and submit such 

20 study to the appropriate committees of the House of 

21 Representatives and the Senate not later than Novem22 ber 30, 2016; 

23 (4) complete the feasibility study described in 

24 clause (ii)(I) of section 103(d)(1)(A) of Public Law 

25 108–361 and submit such study to the appropriate 
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1 committees of the House of Representatives and the 

2 Senate not later than November 30, 2017; 

3 (5) complete the feasibility study described in 

4 section 103(f)(1)(A) of Public Law 108–361 (118 

5 Stat. 1694) and submit such study to the appropriate 

6 Committees of the House of Representatives and the 

7 Senate not later than December 31, 2017; 

8 (6) provide a progress report on the status of the 

9 feasibility studies referred to in paragraphs (1) 

10 through (3) to the appropriate committees of the 

11 House of Representatives and the Senate not later 

12 than 90 days after the date of the enactment of this 

13 Act and each 180 days thereafter until December 31, 

14 2017, as applicable. The report shall include timelines 

15 for study completion, draft environmental impact 

16 statements, final environmental impact statements, 

17 and Records of Decision; 

18 (7) in conducting any feasibility study under 

19 this Act, the reclamation laws, the Central Valley 

20 Project Improvement Act (title XXXIV of Public Law 

21 102–575; 106 Stat. 4706), the Fish and Wildlife Co22 ordination Act (16 U.S.C. 661 et seq.), the Endan23 gered Species Act of 1973 (16 U.S.C. 1531 et seq.), 

24 and other applicable law, for the purposes of deter25 mining feasibility the Secretary shall document, de-
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1 lineate, and publish costs directly relating to the engi2 neering and construction of a water storage project 

3 separately from the costs resulting from regulatory 

4 compliance or the construction of auxiliary facilities 

5 necessary to achieve regulatory compliance; and 

6 (8) communicate, coordinate and cooperate with 

7 public water agencies that contract with the United 

8 States for Central Valley Project water and that are 

9 expected to participate in the cost pools that will be 

10 created for the projects proposed in the feasibility 

11 studies under this section. 

12 SEC. 1052. TEMPERANCE FLAT. 

13 (a) DEFINITIONS.—For the purposes of this section: 

14 (1) PROJECT.—The term ‘‘Project’’ means the 

15 Temperance Flat Reservoir Project on the Upper San 

16 Joaquin River. 

17 (2) RMP.—The term ‘‘RMP’’ means the docu18 ment titled ‘‘Bakersfield Field Office, Record of Deci19 sion and Approved Resource Management Plan,’’ 

20 dated December 2014. 

21 (3) SECRETARY.—The term ‘‘Secretary’’ means 

22 the Secretary of the Interior. 

23 (b) APPLICABILITY OF RMP.—The RMP and findings 

24 related thereto shall have no effect on or applicability to 
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1 the Secretary’s determination of feasibility of, or on any 

2 findings or environmental review documents related to— 

3 (1) the Project; or 

4 (2) actions taken by the Secretary pursuant to 

5 section 103(d)(1)(A)(ii)(II) of the Bay-Delta Author6 ization Act (title I of Public Law 108–361). 

7 (c) DUTIES OF SECRETARY UPON DETERMINATION OF

8 FEASIBILITY.—If the Secretary finds the Project to be fea9 sible, the Secretary shall manage the land recommended in 

10 the RMP for designation under the Wild and Scenic Rivers 

11 Act (16 U.S.C. 1271 et seq.) in a manner that does not 

12 impede any environmental reviews, preconstruction, con13 struction, or other activities of the Project, regardless of 

14 whether or not the Secretary submits any official rec15 ommendation to Congress under the Wild and Scenic Rivers 

16 Act. 

17 (d) RESERVED WATER RIGHTS.—Effective December 

18 22, 2014, there shall be no Federal reserved water rights 

19 to any segment of the San Joaquin River related to the 

20 Project as a result of any designation made under the Wild 

21 and Scenic Rivers Act (16 U.S.C. 1271 et seq.). 

22 SEC. 1053. CALFED STORAGE ACCOUNTABILITY. 

23 If the Secretary of the Interior fails to provide the fea24 sibility studies described in section 1051 to the appropriate 

25 committees of the House of Representatives and the Senate 
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1 by the times prescribed, the Secretary shall notify each com2 mittee chair individually in person on the status of each 

3 project once a month until the feasibility study for that 

4 project is provided to Congress. 

5 SEC. 1054. WATER STORAGE PROJECT CONSTRUCTION. 

6 (a) PARTNERSHIP AND AGREEMENTS.—The Secretary 

7 of the Interior, acting through the Commissioner of the Bu8 reau of Reclamation, may partner or enter into an agree9 ment on the water storage projects identified in section 

10 103(d)(1) of the Water Supply Reliability and Environ11 mental Improvement Act (Public Law 108–361) (and Acts 

12 supplemental and amendatory to the Act) with local joint 

13 powers authorities formed pursuant to State law by irriga14 tion districts and other local water districts and local gov15 ernments within the applicable hydrologic region, to ad16 vance those projects. 

17 (b) AUTHORIZATION FOR PROJECT.—If the Secretary 

18 determines a project described in section 1052(a)(1) and (2) 

19 is feasible, the Secretary is authorized to carry out the 

20 project in a manner that is substantially in accordance 

21 with the recommended plan, and subject to the conditions 

22 described in the feasibility study, provided that no Federal 

23 funding shall be used to construct the project. 
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1 Subtitle E—WATER RIGHTS 

2 PROTECTIONS 

3 SEC. 1061. OFFSET FOR STATE WATER PROJECT. 

4 (a) IMPLEMENTATION IMPACTS.—The Secretary of the 

5 Interior shall confer with the California Department of Fish 

6 and Wildlife in connection with the implementation of this 

7 Act on potential impacts to any consistency determination 

8 for operations of the State Water Project issued pursuant 

9 to California Fish and Game Code section 2080.1. 

10 (b) ADDITIONAL YIELD.—If, as a result of the applica11 tion of this Act, the California Department of Fish and 

12 Wildlife— 

13 (1) revokes the consistency determinations pursu14 ant to California Fish and Game Code section 2080.1 

15 that are applicable to the State Water Project; 

16 (2) amends or issues one or more new consist17 ency determinations pursuant to California Fish and 

18 Game Code section 2080.1 in a manner that directly 

19 or indirectly results in reduced water supply to the 

20 State Water Project as compared with the water sup21 ply available under the smelt biological opinion and 

22 the salmonid biological opinion; or 

23 (3) requires take authorization under California 

24 Fish and Game Code section 2081 for operation of the 

25 State Water Project in a manner that directly or in-
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1 directly results in reduced water supply to the State 

2 Water Project as compared with the water supply 

3 available under the smelt biological opinion and the 

4 salmonid biological opinion, and as a consequence of 

5 the Department’s action, Central Valley Project yield 

6 is greater than it would have been absent the Depart7 ment’s actions, then that additional yield shall be 

8 made available to the State Water Project for delivery 

9 to State Water Project contractors to offset losses re10 sulting from the Department’s action. 

11 (c) NOTIFICATION RELATED TO ENVIRONMENTAL PRO12 TECTIONS.—The Secretary of the Interior shall immediately 

13 notify the Director of the California Department of Fish 

14 and Wildlife in writing if the Secretary of the Interior de15 termines that implementation of the smelt biological opin16 ion and the salmonid biological opinion consistent with this 

17 Act reduces environmental protections for any species cov18 ered by the opinions. 

19 SEC. 1062. AREA OF ORIGIN PROTECTIONS. 

20 (a) IN GENERAL.—The Secretary of the Interior is di21 rected, in the operation of the Central Valley Project, to ad22 here to California’s water rights laws governing water 

23 rights priorities and to honor water rights senior to those 

24 held by the United States for operation of the Central Valley 

25 Project, regardless of the source of priority, including any 
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1 appropriative water rights initiated prior to December 19, 

2 1914, as well as water rights and other priorities perfected 

3 or to be perfected pursuant to California Water Code Part 

4 2 of Division 2. Article 1.7 (commencing with section 1215 

5 of chapter 1 of part 2 of division 2, sections 10505, 10505.5, 

6 11128, 11460, 11461, 11462, and 11463, and sections 12200 

7 to 12220, inclusive). 

8 (b) DIVERSIONS.—Any action undertaken by the Sec9 retary of the Interior and the Secretary of Commerce pursu10 ant to both this Act and section 7 of the Endangered Species 

11 Act of 1973 (16 U.S.C. 1531 et seq.) that requires that di12 versions from the Sacramento River or the San Joaquin 

13 River watersheds upstream of the Delta be bypassed shall 

14 not be undertaken in a manner that alters the water rights 

15 priorities established by California law. 

16 (c) ENDANGERED SPECIES ACT.—Nothing in this sub17 title alters the existing authorities provided to and obliga18 tions placed upon the Federal Government under the En19 dangered Species Act of 1973 (16 U.S.C. 1531 et seq.), as 

20 amended. 

21 (d) CONTRACTS.—With respect to individuals and en22 tities with water rights on the Sacramento River, the man23 dates of this section may be met, in whole or in part, 

24 through a contract with the Secretary of the Interior exe25 cuted pursuant to section 14 of Public Law 76–260; 53 
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1 Stat. 1187 (43 U.S.C. 389) that is in conformance with 

2 the Sacramento River Settlement Contracts renewed by the 

3 Secretary of the Interior in 2005. 

4 SEC. 1063. NO REDIRECTED ADVERSE IMPACTS. 

5 (a) IN GENERAL.—The Secretary of the Interior shall 

6 ensure that, except as otherwise provided for in a water 

7 service or repayment contract, actions taken in compliance 

8 with legal obligations imposed pursuant to or as a result 

9 of this Act, including such actions under section 7 of the 

10 Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) 

11 and other applicable Federal and State laws, shall not di12 rectly or indirectly— 

13 (1) result in the involuntary reduction of water 

14 supply or fiscal impacts to individuals or districts 

15 who receive water from either the State Water Project 

16 or the United States under water rights settlement 

17 contracts, exchange contracts, water service contracts, 

18 repayment contracts, or water supply contracts; or 

19 (2) cause redirected adverse water supply or fis20 cal impacts to those within the Sacramento River wa21 tershed, the San Joaquin River watershed or the State 

22 Water Project service area. 

23 (b) COSTS.—To the extent that costs are incurred sole24 ly pursuant to or as a result of this Act and would not 

25 otherwise have been incurred by any entity or public or 
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1 local agency or subdivision of the State of California, such 

2 costs shall not be borne by any such entity, agency, or sub3 division of the State of California, unless such costs are in4 curred on a voluntary basis. 

5 (c) RIGHTS AND OBLIGATIONS NOT MODIFIED OR

6 AMENDED.—Nothing in this Act shall modify or amend the 

7 rights and obligations of the parties to any existing— 

8 (1) water service, repayment, settlement, pur9 chase, or exchange contract with the United States, 

10 including the obligation to satisfy exchange contracts 

11 and settlement contracts prior to the allocation of any 

12 other Central Valley Project water; or 

13 (2) State Water Project water supply or settle14 ment contract with the State. 

15 SEC. 1064. ALLOCATIONS FOR SACRAMENTO VALLEY CON16 TRACTORS. 

17 (a) ALLOCATIONS.— 

18 (1) IN GENERAL.—Subject to paragraph (2) and 

19 subsection (b), the Secretary of the Interior is di20 rected, in the operation of the Central Valley Project, 

21 to allocate water provided for irrigation purposes to 

22 existing Central Valley Project agricultural water 

23 service contractors within the Sacramento River Wa24 tershed in compliance with the following: 
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1 (A) Not less than 100 percent of their con2 tract quantities in a ‘‘Wet’’ year. 

3 (B) Not less than 100 percent of their con4 tract quantities in an ‘‘Above Normal’’ year. 

5 (C) Not less than 100 percent of their con6 tract quantities in a ‘‘Below Normal’’ year that 

7 is preceded by an ‘‘Above Normal’’ or a ‘‘Wet’’ 

8 year. 

9 (D) Not less than 50 percent of their con10 tract quantities in a ‘‘Dry’’ year that is preceded 

11 by a ‘‘Below Normal,’’ an ‘‘Above Normal,’’ or a 

12 ‘‘Wet’’ year. 

13 (E) In all other years not identified herein, 

14 the allocation percentage for existing Central 

15 Valley Project agricultural water service contrac16 tors within the Sacramento River Watershed 

17 shall not be less than twice the allocation per18 centage to south-of-Delta Central Valley Project 

19 agricultural water service contractors, up to 100 

20 percent; provided, that nothing herein shall pre21 clude an allocation to existing Central Valley 

22 Project agricultural water service contractors 

23 within the Sacramento River Watershed that is 

24 greater than twice the allocation percentage to 
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1 south-of-Delta Central Valley Project agricul2 tural water service contractors. 

3 (2) CONDITIONS.—The Secretary’s actions under 

4 paragraph (a) shall be subject to— 

5 (A) the priority of individuals or entities 

6 with Sacramento River water rights, including 

7 those with Sacramento River Settlement Con8 tracts, that have priority to the diversion and 

9 use of Sacramento River water over water rights 

10 held by the United States for operations of the 

11 Central Valley Project; 

12 (B) the United States obligation to make a 

13 substitute supply of water available to the San 

14 Joaquin River Exchange Contractors; and 

15 (C) the Secretary’s obligation to make water 

16 available to managed wetlands pursuant to sec17 tion 3406(d) of the Central Valley Project Im18 provement Act (Public Law 102–575). 

19 (b) PROTECTION OF MUNICIPAL AND INDUSTRIAL SUP20 PLIES.—Nothing in subsection (a) shall be deemed to— 

21 (1) modify any provision of a water service con22 tract that addresses municipal and industrial water 

23 shortage policies of the Secretary; 
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1 (2) affect or limit the authority of the Secretary 

2 to adopt or modify municipal and industrial water 

3 shortage policies; 

4 (3) affect or limit the authority of the Secretary 

5 to implement municipal and industrial water short6 age policies; or 

7 (4) affect allocations to Central Valley Project 

8 municipal and industrial contractors pursuant to 

9 such policies. 

10 Neither subsection (a) nor the Secretary’s implementation 

11 of subsection (a) shall constrain, govern or affect, directly, 

12 the operations of the Central Valley Project’s American 

13 River Division or any deliveries from that Division, its 

14 units or facilities. 

15 (c) NO EFFECT ON ALLOCATIONS.—This section shall 

16 not— 

17 (1) affect the allocation of water to Friant Divi18 sion contractors; or 

19 (2) result in the involuntary reduction in con20 tract water allocations to individuals or entities with 

21 contracts to receive water from the Friant Division. 

22 (d) PROGRAM FOR WATER RESCHEDULING.—The Sec23 retary of the Interior shall develop and implement a pro24 gram, not later than 1 year after the date of the enactment 

25 of this Act, to provide for the opportunity for existing Cen-
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1 tral Valley Project agricultural water service contractors 

2 within the Sacramento River Watershed to reschedule 

3 water, provided for under their Central Valley Project water 

4 service contracts, from one year to the next. 

5 (e) DEFINITIONS.—In this section: 

6 (1) The term ‘‘existing Central Valley Project ag7 ricultural water service contractors within the Sac8 ramento River Watershed’’ means water service con9 tractors within the Shasta, Trinity, and Sacramento 

10 River Divisions of the Central Valley Project, that 

11 have a water service contract in effect, on the date of 

12 the enactment of this section, that provides water for 

13 irrigation. 

14 (2) The year type terms used in subsection (a) 

15 have the meaning given those year types in the Sac16 ramento Valley Water Year Type (40–30–30) Index. 

17 SEC. 1065. EFFECT ON EXISTING OBLIGATIONS. 

18 Nothing in this Act preempts or modifies any existing 

19 obligation of the United States under Federal reclamation 

20 law to operate the Central Valley Project in conformity with 

21 State law, including established water rights priorities. 

22 Subtitle F—MISCELLANEOUS 

23 SEC. 1071. AUTHORIZED SERVICE AREA. 

24 (a) IN GENERAL.—The authorized service area of the 

25 Central Valley Project authorized under the Central Valley 
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1 Project Improvement Act (Public Law 102–575; 106 Stat. 

2 4706) shall include the area within the boundaries of the 

3 Kettleman City Community Services District, California, 

4 as in existence on the date of enactment of this Act. 

5 (b) LONG-TERM CONTRACT.— 

6 (1) IN GENERAL.—Notwithstanding the Central 

7 Valley Project Improvement Act (Public Law 102– 

8 575; 106 Stat. 4706) and subject to paragraph (2), 

9 the Secretary of the Interior, in accordance with the 

10 Federal reclamation laws, shall enter into a long-term 

11 contract with the Kettleman City Community Serv12 ices District, California, under terms and conditions 

13 mutually agreeable to the parties, for the delivery of 

14 up to 900 acre-feet of Central Valley Project water for 

15 municipal and industrial use. 

16 (2) LIMITATION.—Central Valley Project water 

17 deliveries authorized under the contract entered into 

18 under paragraph (1) shall be limited to the minimal 

19 quantity necessary to meet the immediate needs of the 

20 Kettleman City Community Services District, Cali21 fornia, in the event that local supplies or State Water 

22 Project allocations are insufficient to meet those 

23 needs. 

24 (c) PERMIT.—The Secretary shall apply for a permit 

25 with the State for a joint place of use for water deliveries 
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1 authorized under the contract entered into under subsection 

2 (b) with respect to the expanded service area under sub3 section (a), consistent with State law. 

4 (d) ADDITIONAL COSTS.—If any additional infra5 structure, water treatment, or related costs are needed to 

6 implement this section, those costs shall be the responsibility 

7 of the non-Federal entity. 

8 SEC. 1072. OVERSIGHT BOARD FOR RESTORATION FUND. 

9 (a) PLAN; ADVISORY BOARD.—Section 3407 of the 

10 Central Valley Project Improvement Act (Public Law 102– 

11 575; 106 Stat. 4726) is amended by adding at the end the 

12 following: 

13 ‘‘(g) PLAN ON EXPENDITURE OF FUNDS.— 

14 ‘‘(1) IN GENERAL.—For each fiscal year, the Sec15 retary, in consultation with the Advisory Board, shall 

16 submit to Congress a plan for the expenditure of all 

17 of the funds deposited into the Restoration Fund dur18 ing the preceding fiscal year. 

19 ‘‘(2) CONTENTS.—The plan shall include an 

20 analysis of the cost-effectiveness of each expenditure. 

21 ‘‘(h) ADVISORY BOARD.— 

22 ‘‘(1) ESTABLISHMENT.—There is established the 

23 Restoration Fund Advisory Board (referred to in this 

24 section as the ‘Advisory Board’), which shall be com25 posed of 11 members appointed by the Secretary. 
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1 ‘‘(2) MEMBERSHIP.— 

2 ‘‘(A) IN GENERAL.—The Secretary shall ap3 point members to the Advisory Board that rep4 resent the various Central Valley Project stake5 holders, of whom— 

6 ‘‘(i) 4 members shall be agricultural 

7 users of the Central Valley Project, includ8 ing at least one agricultural user from 

9 north-of-the-Delta and one agricultural user 

10 from south-of-the-Delta; 

11 ‘‘(ii) 2 members shall be municipal 

12 and industrial users of the Central Valley 

13 Project, including one municipal and in14 dustrial user from north-of-the-Delta and 

15 one municipal and industrial user from 

16 south-of-the-Delta; 

17 ‘‘(iii) 2 members shall be power con18 tractors of the Central Valley Project, in19 cluding at least one power contractor from 

20 north-of-the-Delta and from south-of-the21 Delta; 

22 ‘‘(iv) 1 member shall be a representa23 tive of a Federal national wildlife refuge 

24 that contracts for Central Valley Project 
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1 water supplies with the Bureau of Reclama2 tion; 

3 ‘‘(v) 1 member shall have expertise in 

4 the economic impacts of the changes to 

5 water operations; and 

6 ‘‘(vi) 1 member shall be a representa7 tive of a wildlife entity that primarily fo8 cuses on waterfowl. 

9 ‘‘(B) OBSERVER.—The Secretary and the 

10 Secretary of Commerce may each designate a 

11 representative to act as an observer of the Advi12 sory Board. 

13 ‘‘(C) CHAIR.—The Secretary shall appoint 

14 1 of the members described in subparagraph (A) 

15 to serve as Chair of the Advisory Board. 

16 ‘‘(3) TERMS.—The term of each member of the 

17 Advisory Board shall be 4 years. 

18 ‘‘(4) DATE OF APPOINTMENTS.—The appoint19 ment of a member of the Panel shall be made not 

20 later than— 

21 ‘‘(A) the date that is 120 days after the date 

22 of enactment of this Act; or 

23 ‘‘(B) in the case of a vacancy on the Panel 

24 described in subsection (c)(2), the date that is 
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1 120 days after the date on which the vacancy oc2 curs. 

3 ‘‘(5) VACANCIES.— 

4 ‘‘(A) IN GENERAL.—A vacancy on the Panel 

5 shall be filled in the manner in which the origi6 nal appointment was made and shall be subject 

7 to any conditions that applied with respect to 

8 the original appointment. 

9 ‘‘(B) FILLING UNEXPIRED TERM.—An indi10 vidual chosen to fill a vacancy shall be ap11 pointed for the unexpired term of the member re12 placed. 

13 ‘‘(C) EXPIRATION OF TERMS.—The term of 

14 any member shall not expire before the date on 

15 which the successor of the member takes office. 

16 ‘‘(6) REMOVAL.—A member of the Panel may be 

17 removed from office by the Secretary of the Interior. 

18 ‘‘(7) FEDERAL ADVISORY COMMITTEE ACT.—The 

19 Panel shall not be subject to the requirements of the 

20 Federal Advisory Committee Act. 

21 ‘‘(8) DUTIES.—The duties of the Advisory Board 

22 are— 

23 ‘‘(A) to meet not less frequently than semi24 annually to develop and make recommendations 

25 to the Secretary regarding priorities and spend-
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1 ing levels on projects and programs carried out 

2 under this title; 

3 ‘‘(B) to ensure that any advice given or rec4 ommendation made by the Advisory Board re5 flects the independent judgment of the Advisory 

6 Board; 

7 ‘‘(C) not later than December 31, 2015, and 

8 annually thereafter, to submit to the Secretary 

9 and Congress the recommendations under sub10 paragraph (A); and 

11 ‘‘(D) not later than December 31, 2015, and 

12 biennially thereafter, to submit to Congress de13 tails of the progress made in achieving the ac14 tions required under section 3406. 

15 ‘‘(9) ADMINISTRATION.—With the consent of the 

16 appropriate agency head, the Advisory Board may 

17 use the facilities and services of any Federal agency. 

18 ‘‘(10) COOPERATION AND ASSISTANCE.— 

19 ‘‘(A) PROVISION OF INFORMATION.—Upon 

20 request of the Panel Chair for information or as21 sistance to facilitate carrying out this section, 

22 the Secretary of the Interior shall promptly pro23 vide such information, unless otherwise prohib24 ited by law. 
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1 ‘‘(B) SPACE AND ASSISTANCE.—The Sec2 retary of the Interior shall provide the Panel 

3 with appropriate and adequate office space, to4 gether with such equipment, office supplies, and 

5 communications facilities and services as may be 

6 necessary for the operation of the Panel, and 

7 shall provide necessary maintenance services for 

8 such offices and the equipment and facilities lo9 cated therein.’’. 

10 SEC. 1073. WATER SUPPLY ACCOUNTING. 

11 (a) IN GENERAL.—All Central Valley Project water, 

12 except Central Valley Project water released pursuant to 

13 U.S. Department of the Interior Record of Decision, Trinity 

14 River Mainstem Fishery Restoration Final Environmental 

15 Impact Statement/Environmental Impact Report dated De16 cember 2000 used to implement an action undertaken for 

17 a fishery beneficial purpose that was not imposed by terms 

18 and conditions existing in licenses, permits, and other 

19 agreements pertaining to the Central Valley Project under 

20 applicable State or Federal law existing on October 30, 

21 1992, shall be credited to the quantity of Central Valley 

22 Project yield dedicated and managed under this section; 

23 provided, that nothing herein shall affect the Secretary of 

24 the Interior’s duty to comply with any otherwise lawful re-
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1 quirement imposed on operations of the Central Valley 

2 Project under any provision of Federal or State law. 

3 (b) RECLAMATION POLICIES AND ALLOCATIONS.—Rec4 lamation policies and allocations shall not be based upon 

5 any premise or assumption that Central Valley Project con6 tract supplies are supplemental or secondary to any other 

7 contractor source of supply. 

8 SEC. 1074. IMPLEMENTATION OF WATER REPLACEMENT 

9 PLAN. 

10 (a) IN GENERAL.—Not later than October 1, 2016, the 

11 Secretary of the Interior shall update and implement the 

12 plan required by section 3408(j) of title XXXIV of Public 

13 Law 102–575. The Secretary shall notify the Congress an14 nually describing the progress of implementing the plan re15 quired by section 3408(j) of title XXXIV of Public Law 

16 102–575. 

17 (b) POTENTIAL AMENDMENT.—If the plan required in 

18 subsection (a) has not increased the Central Valley Project 

19 yield by 800,000 acre-feet within 5 years after the enact20 ment of this Act, then section 3406 of the Central Valley 

21 Project Improvement Act (title XXXIV of Public Law 102– 

22 575) is amended as follows: 

23 (1) In subsection (b)— 

24 (A) by amending paragraph (2)(C) to read: 
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1 ‘‘(C) If by March 15, 2021, and any year 

2 thereafter the quantity of Central Valley Project 

3 water forecasted to be made available to all 

4 water service or repayment contractors of the 

5 Central Valley Project is below 50 percent of the 

6 total quantity of water to be made available 

7 under said contracts, the quantity of Central 

8 Valley Project yield dedicated and managed for 

9 that year under this paragraph shall be reduced 

10 by 25 percent.’’. 

11 SEC. 1075. NATURAL AND ARTIFICIALLY SPAWNED SPECIES. 

12 After the date of the enactment of this title, and regard13 less of the date of listing, the Secretaries of the Interior and 

14 Commerce shall not distinguish between natural-spawned 

15 and hatchery-spawned or otherwise artificially propagated 

16 strains of a species in making any determination under the 

17 Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) 

18 that relates to any anadromous or pelagic fish species that 

19 resides for all or a portion of its life in the Sacramento20 San Joaquin Delta or rivers tributary thereto. 

21 SEC. 1076. TRANSFER THE NEW MELONES UNIT, CENTRAL 

22 VALLEY PROJECT TO INTERESTED PRO23 VIDERS. 

24 (a) DEFINITIONS.—For the purposes of this section, the 

25 following terms apply: 
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1 (1) INTERESTED LOCAL WATER AND POWER PRO2 VIDERS.—The term ‘‘interested local water and power 

3 providers’’ includes the Calaveras County Water Dis4 trict, Calaveras Public Power Agency, Central San 

5 Joaquin Water Conservation District, Oakdale Irriga6 tion District, Stockton East Water District, South 

7 San Joaquin Irrigation District, Tuolumne Utilities 

8 District, Tuolumne Public Power Agency, and Union 

9 Public Utilities District. 

10 (2) NEW MELONES UNIT, CENTRAL VALLEY

11 PROJECT.—The term ‘‘New Melones Unit, Central 

12 Valley Project’’ means all Federal reclamation 

13 projects located within or diverting water from or to 

14 the watershed of the Stanislaus and San Joaquin riv15 ers and their tributaries as authorized by the Act of 

16 August 26, 1937 (50 Stat. 850), and all Acts amend17 atory or supplemental thereto, including the Act of 

18 October 23, 1962 (76 Stat. 1173). 

19 (3) SECRETARY.—The term ‘‘Secretary’’ means 

20 the Secretary of the Interior. 

21 (b) NEGOTIATIONS.—Notwithstanding any other pro22 vision of law, not later than 180 days after the date of the 

23 enactment of this Act, the Secretary shall enter into negotia24 tions with interested local water and power providers for 

25 the transfer ownership, control, and operation of the New 
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1 Melones Unit, Central Valley Project to interested local 

2 water and power providers within the State of California. 

3 (c) TRANSFER.—The Secretary shall transfer the New 

4 Melones Unit, Central Valley Project in accordance with an 

5 agreement reached pursuant to negotiations conducted 

6 under subsection (b). 

7 (d) NOTIFICATION.—Not later than 360 days after the 

8 date of the enactment of this Act, and every 6 months there9 after, the Secretary shall notify the appropriate committees 

10 of the House of Representatives and the Senate— 

11 (1) if an agreement is reached pursuant to nego12 tiations conducted under subsection (b), the terms of 

13 that agreement; 

14 (2) of the status of formal discussions with inter15 ested local water and power providers for the transfer 

16 of ownership, control, and operation of the New 

17 Melones Unit, Central Valley Project to interested 

18 local water and power providers; 

19 (3) of all unresolved issues that are preventing 

20 execution of an agreement for the transfer of owner21 ship, control, and operation of the New Melones Unit, 

22 Central Valley Project to interested local water and 

23 power providers; 

24 (4) on analysis and review of studies, reports, 

25 discussions, hearing transcripts, negotiations, and 
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1 other information about past and present formal dis2 cussions that— 

3 (A) have a serious impact on the progress of 

4 the formal discussions; 

5 (B) explain or provide information about 

6 the issues that prevent progress or finalization of 

7 formal discussions; or 

8 (C) are, in whole or in part, preventing exe9 cution of an agreement for the transfer; and 

10 (5) of any actions the Secretary recommends that 

11 the United States should take to finalize an agreement 

12 for that transfer. 

13 SEC. 1077. BASIN STUDIES. 

14 (a) AUTHORIZED STUDIES.—The Secretary of the In15 terior is authorized and directed to expand opportunities 

16 and expedite completion of assessments under section 

17 9503(b) of the SECURE Water Act (42 U.S.C. 10363(b)), 

18 with non-Federal partners, of individual sub-basins and 

19 watersheds within major Reclamation river basins; and 

20 shall ensure timely decision and expedited implementation 

21 of adaptation and mitigation strategies developed through 

22 the special study process. 

23 (b) FUNDING.— 
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1 (1) IN GENERAL.—The non-Federal partners 

2 shall be responsible for 100 percent of the cost of the 

3 special studies. 

4 (2) CONTRIBUTED FUNDS.—The Secretary may 

5 accept and use contributions of funds from the non6 Federal partners to carry out activities under the spe7 cial studies. 

8 SEC. 1078. OPERATIONS OF THE TRINITY RIVER DIVISION. 

9 The Secretary of the Interior, in the operation of the 

10 Trinity River Division of the Central Valley Project, shall 

11 not make releases from Lewiston Dam in excess of the vol12 ume for each water-year type required by the U.S. Depart13 ment of the Interior Record of Decision, Trinity River 

14 Mainstem Fishery Restoration Final Environmental Im15 pact Statement/Environmental Impact Report dated De16 cember 2000. 

17 (1) A maximum of 369,000 acre-feet in a ‘‘Criti18 cally Dry’’ year. 

19 (2) A maximum of 453,000 acre-feet in a ‘‘Dry’’ 

20 year. 

21 (3) A maximum of 647,000 acre-feet in a ‘‘Nor22 mal’’ year. 

23 (4) A maximum of 701,000 acre-feet in a ‘‘Wet’’ 

24 year. 
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1 (5) A maximum of 815,000 acre-feet in an ‘‘Ex2 tremely Wet’’ year. 

3 SEC. 1079. AMENDMENT TO PURPOSES. 

4 Section 3402 of the Central Valley Project Improve5 ment Act (106 Stat. 4706) is amended— 

6 (1) in subsection (f), by striking the period at the 

7 end; and 

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

9 ‘‘(g) to ensure that water dedicated to fish and wildlife 

10 purposes by this title is replaced and provided to Central 

11 Valley Project water contractors by December 31, 2018, at 

12 the lowest cost reasonably achievable; and 

13 ‘‘(h) to facilitate and expedite water transfers in ac14 cordance with this Act.’’. 

15 SEC. 1080. AMENDMENT TO DEFINITION. 

16 Section 3403 of the Central Valley Project Improve17 ment Act (106 Stat. 4707) is amended— 

18 (1) by amending subsection (a) to read as fol19 lows: 

20 ‘‘(a) the term ‘anadromous fish’ means those native 

21 stocks of salmon (including steelhead) and sturgeon that, 

22 as of October 30, 1992, were present in the Sacramento and 

23 San Joaquin Rivers and their tributaries and ascend those 

24 rivers and their tributaries to reproduce after maturing in 

25 San Francisco Bay or the Pacific Ocean;’’; 
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1 (2) in subsection (l), by striking ‘‘and,’’; 

2 (3) in subsection (m), by striking the period and 

3 inserting ‘‘; and’’; and 

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

5 ‘‘(n) the term ‘reasonable flow’ means water flows ca6 pable of being maintained taking into account competing 

7 consumptive uses of water and economic, environmental, 

8 and social factors.’’. 

9 SEC. 1081. REPORT ON RESULTS OF WATER USAGE. 

10 The Secretary of the Interior, in consultation with the 

11 Secretary of Commerce and the Secretary of Natural Re12 sources of the State of California, shall publish an annual 

13 report detailing instream flow releases from the Central 

14 Valley Project and California State Water Project, their ex15 plicit purpose and authority, and all measured environ16 mental benefit as a result of the releases. 

17 SEC. 1082. KLAMATH PROJECT CONSULTATION APPLI18 CANTS. 

19 If the Bureau of Reclamation initiates or reinitiates 

20 consultation with the U.S. Fish and Wildlife Service or the 

21 National Marine Fisheries Service under section 7(a)(2) of 

22 the Endangered Species Act of 1973 (16 U.S.C. 1536(a)(2)), 

23 with respect to construction or operation of the Klamath 

24 Project (or any part thereof), Klamath Project contractors 

25 shall be accorded all the rights and responsibilities extended 
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1 to applicants in the consultation process. Upon request of 

2 the Klamath Project contractors, they may be represented 

3 through an association or organization. 

4 Subtitle G—Water Supply 

5 Permitting Act 

6 SEC. 1091. SHORT TITLE. 

7 This subtitle may be cited as the ‘‘Water Supply Per8 mitting Coordination Act’’. 

9 SEC. 1092. DEFINITIONS. 

10 In this subtitle: 

11 (1) SECRETARY.—The term ‘‘Secretary’’ means 

12 the Secretary of the Interior. 

13 (2) BUREAU.—The term ‘‘Bureau’’ means the 

14 Bureau of Reclamation. 

15 (3) QUALIFYING PROJECTS.—The term ‘‘quali16 fying projects’’ means new surface water storage 

17 projects in the States covered under the Act of June 

18 17, 1902 (32 Stat. 388, chapter 1093), and Acts sup19 plemental to and amendatory of that Act (43 U.S.C. 

20 371 et seq.) constructed on lands administered by the 

21 Department of the Interior or the Department of Ag22 riculture, exclusive of any easement, right-of-way, 

23 lease, or any private holding. 

24 (4) COOPERATING AGENCIES.—The term ‘‘cooper25 ating agency’’ means a Federal agency with jurisdic-
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1 tion over a review, analysis, opinion, statement, per2 mit, license, or other approval or decision required for 

3 a qualifying project under applicable Federal laws 

4 and regulations, or a State agency subject to section 

5 1093(c). 

6 SEC. 1093. ESTABLISHMENT OF LEAD AGENCY AND COOPER7 ATING AGENCIES. 

8 (a) ESTABLISHMENT OF LEAD AGENCY.—The Bureau 

9 of Reclamation is established as the lead agency for pur10 poses of coordinating all reviews, analyses, opinions, state11 ments, permits, licenses, or other approvals or decisions re12 quired under Federal law to construct qualifying projects. 

13 (b) IDENTIFICATION AND ESTABLISHMENT OF CO14 OPERATING AGENCIES.—The Commissioner of the Bureau 

15 shall— 

16 (1) identify, as early as practicable upon receipt 

17 of an application for a qualifying project, any Fed18 eral agency that may have jurisdiction over a review, 

19 analysis, opinion, statement, permit, license, ap20 proval, or decision required for a qualifying project 

21 under applicable Federal laws and regulations; and 

22 (2) notify any such agency, within a reasonable 

23 timeframe, that the agency has been designated as a 

24 cooperating agency in regards to the qualifying 

25 project unless that agency responds to the Bureau in 
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1 writing, within a timeframe set forth by the Bureau, 

2 notifying the Bureau that the agency— 

3 (A) has no jurisdiction or authority with 

4 respect to the qualifying project; 

5 (B) has no expertise or information relevant 

6 to the qualifying project or any review, analysis, 

7 opinion, statement, permit, license, or other ap8 proval or decision associated therewith; or 

9 (C) does not intend to submit comments on 

10 the qualifying project or conduct any review of 

11 such a project or make any decision with respect 

12 to such project in a manner other than in co13 operation with the Bureau. 

14 (c) STATE AUTHORITY.—A State in which a quali15 fying project is being considered may choose, consistent 

16 with State law— 

17 (1) to participate as a cooperating agency; and 

18 (2) to make subject to the processes of this sub19 title all State agencies that— 

20 (A) have jurisdiction over the qualifying 

21 project; 

22 (B) are required to conduct or issue a re23 view, analysis, or opinion for the qualifying 

24 project; or 
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1 (C) are required to make a determination 

2 on issuing a permit, license, or approval for the 

3 qualifying project. 

4 SEC. 1094. BUREAU RESPONSIBILITIES. 

5 (a) IN GENERAL.—The principal responsibilities of the 

6 Bureau under this subtitle are to— 

7 (1) serve as the point of contact for applicants, 

8 State agencies, Indian tribes, and others regarding 

9 proposed qualifying projects; 

10 (2) coordinate preparation of unified environ11 mental documentation that will serve as the basis for 

12 all Federal decisions necessary to authorize the use of 

13 Federal lands for qualifying projects; and 

14 (3) coordinate all Federal agency reviews nec15 essary for project development and construction of 

16 qualifying projects. 

17 (b) COORDINATION PROCESS.—The Bureau shall have 

18 the following coordination responsibilities: 

19 (1) PRE-APPLICATION COORDINATION.—Notify 

20 cooperating agencies of proposed qualifying projects 

21 not later than 30 days after receipt of a proposal and 

22 facilitate a preapplication meeting for prospective ap23 plicants, relevant Federal and State agencies, and In24 dian tribes to— 
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1 (A) explain applicable processes, data re2 quirements, and applicant submissions necessary 

3 to complete the required Federal agency reviews 

4 within the timeframe established; and 

5 (B) establish the schedule for the qualifying 

6 project. 

7 (2) CONSULTATION WITH COOPERATING AGEN8 CIES.—Consult with the cooperating agencies through9 out the Federal agency review process, identify and 

10 obtain relevant data in a timely manner, and set nec11 essary deadlines for cooperating agencies. 

12 (3) SCHEDULE.—Work with the qualifying 

13 project applicant and cooperating agencies to estab14 lish a project schedule. In establishing the schedule, 

15 the Bureau shall consider, among other factors— 

16 (A) the responsibilities of cooperating agen17 cies under applicable laws and regulations; 

18 (B) the resources available to the cooper19 ating agencies and the non-Federal qualifying 

20 project sponsor, as applicable; 

21 (C) the overall size and complexity of the 

22 qualifying project; 

23 (D) the overall schedule for and cost of the 

24 qualifying project; and 
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1 (E) the sensitivity of the natural and his2 toric resources that may be affected by the quali3 fying project. 

4 (4) ENVIRONMENTAL COMPLIANCE.—Prepare a 

5 unified environmental review document for each 

6 qualifying project application, incorporating a single 

7 environmental record on which all cooperating agen8 cies with authority to issue approvals for a given 

9 qualifying project shall base project approval deci10 sions. Help ensure that cooperating agencies make 

11 necessary decisions, within their respective authori12 ties, regarding Federal approvals in accordance with 

13 the following timelines: 

14 (A) Not later than one year after acceptance 

15 of a completed project application when an envi16 ronmental assessment and finding of no signifi17 cant impact is determined to be the appropriate 

18 level of review under the National Environ19 mental Policy Act of 1969 (42 U.S.C. 4321 et 

20 seq.). 

21 (B) Not later than one year and 30 days 

22 after the close of the public comment period for 

23 a draft environmental impact statement under 

24 the National Environmental Policy Act of 1969 
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1 (42 U.S.C. 4321 et seq.), when an environmental 

2 impact statement is required under the same. 

3 (5) CONSOLIDATED ADMINISTRATIVE RECORD.— 

4 Maintain a consolidated administrative record of the 

5 information assembled and used by the cooperating 

6 agencies as the basis for agency decisions. 

7 (6) PROJECT DATA RECORDS.—To the extent 

8 practicable and consistent with Federal law, ensure 

9 that all project data is submitted and maintained in 

10 generally accessible electronic format, compile, and 

11 where authorized under existing law, make available 

12 such project data to cooperating agencies, the quali13 fying project applicant, and to the public. 

14 (7) PROJECT MANAGER.—Appoint a project 

15 manager for each qualifying project. The project man16 ager shall have authority to oversee the project and to 

17 facilitate the issuance of the relevant final authorizing 

18 documents, and shall be responsible for ensuring ful19 fillment of all Bureau responsibilities set forth in this 

20 section and all cooperating agency responsibilities 

21 under section 1095. 

22 SEC. 1095. COOPERATING AGENCY RESPONSIBILITIES. 

23 (a) ADHERENCE TO BUREAU SCHEDULE.—Upon noti24 fication of an application for a qualifying project, all co25 operating agencies shall submit to the Bureau a timeframe 
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1 under which the cooperating agency reasonably considers 

2 it will be able to complete its authorizing responsibilities. 

3 The Bureau shall use the timeframe submitted under this 

4 subsection to establish the project schedule under section 

5 1094, and the cooperating agencies shall adhere to the 

6 project schedule established by the Bureau. 

7 (b) ENVIRONMENTAL RECORD.—Cooperating agencies 

8 shall submit to the Bureau all environmental review mate9 rial produced or compiled in the course of carrying out ac10 tivities required under Federal law consistent with the 

11 project schedule established by the Bureau. 

12 (c) DATA SUBMISSION.—To the extent practicable and 

13 consistent with Federal law, the cooperating agencies shall 

14 submit all relevant project data to the Bureau in a gen15 erally accessible electronic format subject to the project 

16 schedule set forth by the Bureau. 

17 SEC. 1096. FUNDING TO PROCESS PERMITS. 

18 (a) IN GENERAL.—The Secretary, after public notice 

19 in accordance with the Administrative Procedures Act (5 

20 U.S.C. 553), may accept and expend funds contributed by 

21 a non-Federal public entity to expedite the evaluation of 

22 a permit of that entity related to a qualifying project. 

23 (b) EFFECT ON PERMITTING.— 

24 (1) IN GENERAL.—In carrying out this section, 

25 the Secretary shall ensure that the use of funds ac-
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1 cepted under subsection (a) will not impact impartial 

2 decisionmaking with respect to permits, either sub3 stantively or procedurally. 

4 (2) EVALUATION OF PERMITS.—In carrying out 

5 this section, the Secretary shall ensure that the eval6 uation of permits carried out using funds accepted 

7 under this section shall— 

8 (A) be reviewed by the Regional Director of 

9 the Bureau, or the Regional Director’s designee, 

10 of the region in which the qualifying project or 

11 activity is located; and 

12 (B) use the same procedures for decisions 

13 that would otherwise be required for the evalua14 tion of permits for similar projects or activities 

15 not carried out using funds authorized under 

16 this section. 

17 (3) IMPARTIAL DECISIONMAKING.—In carrying 

18 out this section, the Secretary and the cooperating 

19 agencies receiving funds under this section for quali20 fying projects shall ensure that the use of the funds 

21 accepted under this section for such projects shall 

22 not— 

23 (A) impact impartial decisionmaking with 

24 respect to the issuance of permits, either sub25 stantively or procedurally; or 
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1 (B) diminish, modify, or otherwise affect 

2 the statutory or regulatory authorities of such 

3 agencies. 

4 (c) LIMITATION ON USE OF FUNDS.—None of the funds 

5 accepted under this section shall be used to carry out a re6 view of the evaluation of permits required under subsection 

7 (b)(2)(A). 

8 (d) PUBLIC AVAILABILITY.—The Secretary shall en9 sure that all final permit decisions carried out using funds 

10 authorized under this section are made available to the pub11 lic, including on the Internet. 

12 Subtitle H—Bureau of Reclamation 

13 Project Streamlining 

14 SEC. 1101. SHORT TITLE. 

15 This subtitle may be cited as the ‘‘Bureau of Reclama16 tion Project Streamlining Act’’. 

17 SEC. 1102. DEFINITIONS. 

18 In this subtitle: 

19 (1) ENVIRONMENTAL IMPACT STATEMENT.—The 

20 term ‘‘environmental impact statement’’ means the 

21 detailed statement of environmental impacts of a 

22 project required to be prepared pursuant to the Na23 tional Environmental Policy Act of 1969 (42 U.S.C. 

24 4321 et seq.). 

25 (2) ENVIRONMENTAL REVIEW PROCESS.— 
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1 (A) IN GENERAL.—The term ‘‘environ2 mental review process’’ means the process of pre3 paring an environmental impact statement, en4 vironmental assessment, categorical exclusion, or 

5 other document under the National Environ6 mental Policy Act of 1969 (42 U.S.C. 4321 et 

7 seq.) for a project study. 

8 (B) INCLUSIONS.—The term ‘‘environmental 

9 review process’’ includes the process for and com10 pletion of any environmental permit, approval, 

11 review, or study required for a project study 

12 under any Federal law other than the National 

13 Environmental Policy Act of 1969 (42 U.S.C. 

14 4321 et seq.). 

15 (3) FEDERAL JURISDICTIONAL AGENCY.—The 

16 term ‘‘Federal jurisdictional agency’’ means a Federal 

17 agency with jurisdiction delegated by law, regulation, 

18 order, or otherwise over a review, analysis, opinion, 

19 statement, permit, license, or other approval or deci20 sion required for a project study under applicable 

21 Federal laws (including regulations). 

22 (4) FEDERAL LEAD AGENCY.—The term ‘‘Federal 

23 lead agency’’ means the Bureau of Reclamation. 

24 (5) PROJECT.—The term ‘‘project’’ means a sur25 face water project, a project under the purview of title 
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1 XVI of Public Law 102–575, or a rural water supply 

2 project investigated under Public Law 109–451 to be 

3 carried out, funded or operated in whole or in party 

4 by the Secretary pursuant to the Act of June 17, 1902 

5 (32 Stat. 388, chapter 1093), and Acts supplemental 

6 to and amendatory of that Act (43 U.S.C. 371 et 

7 seq.). 

8 (6) PROJECT SPONSOR.—The term ‘‘project spon9 sor’’ means a State, regional, or local authority or in10 strumentality or other qualifying entity, such as a 

11 water conservation district, irrigation district, water 

12 conservancy district, joint powers authority, mutual 

13 water company, canal company, rural water district 

14 or association, or any other entity that has the capac15 ity to contract with the United States under Federal 

16 reclamation law. 

17 (7) PROJECT STUDY.—The term ‘‘project study’’ 

18 means a feasibility study for a project carried out 

19 pursuant to the Act of June 17, 1902 (32 Stat. 388, 

20 chapter 1093), and Acts supplemental to and amend21 atory of that Act (43 U.S.C. 371 et seq.). 

22 (8) SECRETARY.—The term ‘‘Secretary’’ means 

23 the Secretary of the Interior. 

24 (9) SURFACE WATER STORAGE.—The term ‘‘sur25 face water storage’’ means any surface water reservoir 
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1 or impoundment that would be owned, funded or op2 erated in whole or in part by the Bureau of Reclama3 tion or that would be integrated into a larger system 

4 owned, operated or administered in whole or in part 

5 by the Bureau of Reclamation. 

6 SEC. 1103. ACCELERATION OF STUDIES. 

7 (a) IN GENERAL.—To the extent practicable, a project 

8 study initiated by the Secretary, after the date of enactment 

9 of this Act, under the Reclamation Act of 1902 (32 Stat. 

10 388), and all Acts amendatory thereof or supplementary 

11 thereto, shall— 

12 (1) result in the completion of a final feasibility 

13 report not later than 3 years after the date of initi14 ation; 

15 (2) have a maximum Federal cost of $3,000,000; 

16 and 

17 (3) ensure that personnel from the local project 

18 area, region, and headquarters levels of the Bureau of 

19 Reclamation concurrently conduct the review required 

20 under this section. 

21 (b) EXTENSION.—If the Secretary determines that a 

22 project study described in subsection (a) will not be con23 ducted in accordance with subsection (a), the Secretary, not 

24 later than 30 days after the date of making the determina25 tion, shall— 
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1 (1) prepare an updated project study schedule 

2 and cost estimate; 

3 (2) notify the non-Federal project cost-sharing 

4 partner that the project study has been delayed; and 

5 (3) provide written notice to the Committee on 

6 Natural Resources of the House of Representatives 

7 and the Committee on Energy and Natural Resources 

8 of the Senate as to the reasons the requirements of 

9 subsection (a) are not attainable. 

10 (c) EXCEPTION.— 

11 (1) IN GENERAL.—Notwithstanding the require12 ments of subsection (a), the Secretary may extend the 

13 timeline of a project study by a period not to exceed 

14 3 years, if the Secretary determines that the project 

15 study is too complex to comply with the requirements 

16 of subsection (a). 

17 (2) FACTORS.—In making a determination that 

18 a study is too complex to comply with the require19 ments of subsection (a), the Secretary shall consider— 

20 (A) the type, size, location, scope, and over21 all cost of the project; 

22 (B) whether the project will use any innova23 tive design or construction techniques; 
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1 (C) whether the project will require signifi2 cant action by other Federal, State, or local 

3 agencies; 

4 (D) whether there is significant public dis5 pute as to the nature or effects of the project; and 

6 (E) whether there is significant public dis7 pute as to the economic or environmental costs or 

8 benefits of the project. 

9 (3) NOTIFICATION.—Each time the Secretary 

10 makes a determination under this subsection, the Sec11 retary shall provide written notice to the Committee 

12 on Natural Resources of the House of Representatives 

13 and the Committee on Energy and Natural Resources 

14 of the Senate as to the results of that determination, 

15 including an identification of the specific one or more 

16 factors used in making the determination that the 

17 project is complex. 

18 (4) LIMITATION.—The Secretary shall not extend 

19 the timeline for a project study for a period of more 

20 than 7 years, and any project study that is not com21 pleted before that date shall no longer be authorized. 

22 (d) REVIEWS.—Not later than 90 days after the date 

23 of the initiation of a project study described in subsection 

24 (a), the Secretary shall— 
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1 (1) take all steps necessary to initiate the process 

2 for completing federally mandated reviews that the 

3 Secretary is required to complete as part of the study, 

4 including the environmental review process under sec5 tion 1105; 

6 (2) convene a meeting of all Federal, tribal, and 

7 State agencies identified under section 1105(d) that 

8 may— 

9 (A) have jurisdiction over the project; 

10 (B) be required by law to conduct or issue 

11 a review, analysis, opinion, or statement for the 

12 project study; or 

13 (C) be required to make a determination on 

14 issuing a permit, license, or other approval or 

15 decision for the project study; and 

16 (3) take all steps necessary to provide informa17 tion that will enable required reviews and analyses 

18 related to the project to be conducted by other agencies 

19 in a thorough and timely manner. 

20 (e) INTERIM REPORT.—Not later than 18 months after 

21 the date of enactment of this Act, the Secretary shall submit 

22 to the Committee on Natural Resources of the House of Rep23 resentatives and the Committee on Energy and Natural Re24 sources of the Senate and make publicly available a report 

25 that describes— 
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1 (1) the status of the implementation of the plan2 ning process under this section, including the number 

3 of participating projects; 

4 (2) a review of project delivery schedules, includ5 ing a description of any delays on those studies initi6 ated prior to the date of the enactment of this Act; 

7 and 

8 (3) any recommendations for additional author9 ity necessary to support efforts to expedite the project. 

10 (f) FINAL REPORT.—Not later than 4 years after the 

11 date of enactment of this Act, the Secretary shall submit 

12 to the Committee on Natural Resources of the House of Rep13 resentatives and the Committee on Energy and Natural Re14 sources of the Senate and make publicly available a report 

15 that describes— 

16 (1) the status of the implementation of this sec17 tion, including a description of each project study 

18 subject to the requirements of this section; 

19 (2) the amount of time taken to complete each 

20 project study; and 

21 (3) any recommendations for additional author22 ity necessary to support efforts to expedite the project 

23 study process, including an analysis of whether the 

24 limitation established by subsection (a)(2) needs to be 

25 adjusted to address the impacts of inflation. 
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1 SEC. 1104. EXPEDITED COMPLETION OF REPORTS. 

2 The Secretary shall— 

3 (1) expedite the completion of any ongoing 

4 project study initiated before the date of enactment of 

5 this Act; and 

6 (2) if the Secretary determines that the project is 

7 justified in a completed report, proceed directly to 

8 preconstruction planning, engineering, and design of 

9 the project in accordance with the Reclamation Act of 

10 1902 (32 Stat. 388), and all Acts amendatory thereof 

11 or supplementary thereto. 

12 SEC. 1105. PROJECT ACCELERATION. 

13 (a) APPLICABILITY.— 

14 (1) IN GENERAL.—This section shall apply to— 

15 (A) each project study that is initiated after 

16 the date of enactment of this Act and for which 

17 an environmental impact statement is prepared 

18 under the National Environmental Policy Act of 

19 1969 (42 U.S.C. 4321 et seq.); 

20 (B) the extent determined appropriate by 

21 the Secretary, to other project studies initiated 

22 before the date of enactment of this Act and for 

23 which an environmental review process document 

24 is prepared under the National Environmental 

25 Policy Act of 1969 (42 U.S.C. 4321 et seq.); and 
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1 (C) any project study for the development of 

2 a non-federally owned and operated surface 

3 water storage project for which the Secretary de4 termines there is a demonstrable Federal interest 

5 and the project— 

6 (i) is located in a river basin where 

7 other Bureau of Reclamation water projects 

8 are located; 

9 (ii) will create additional water sup10 plies that support Bureau of Reclamation 

11 water projects; or 

12 (iii) will become integrated into the 

13 operation of Bureau of Reclamation water 

14 projects. 

15 (2) FLEXIBILITY.—Any authority granted under 

16 this section may be exercised, and any requirement 

17 established under this section may be satisfied, for the 

18 conduct of an environmental review process for a 

19 project study, a class of project studies, or a program 

20 of project studies. 

21 (3) LIST OF PROJECT STUDIES.— 

22 (A) IN GENERAL.—The Secretary shall an23 nually prepare, and make publicly available, a 

24 list of all project studies that the Secretary has 

25 determined— 
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1 (i) meets the standards described in 

2 paragraph (1); and 

3 (ii) does not have adequate funding to 

4 make substantial progress toward the com5 pletion of the project study. 

6 (B) INCLUSIONS.—The Secretary shall in7 clude for each project study on the list under 

8 subparagraph (A) a description of the estimated 

9 amounts necessary to make substantial progress 

10 on the project study. 

11 (b) PROJECT REVIEW PROCESS.— 

12 (1) IN GENERAL.—The Secretary shall develop 

13 and implement a coordinated environmental review 

14 process for the development of project studies. 

15 (2) COORDINATED REVIEW.—The coordinated en16 vironmental review process described in paragraph 

17 (1) shall require that any review, analysis, opinion, 

18 statement, permit, license, or other approval or deci19 sion issued or made by a Federal, State, or local gov20 ernmental agency or an Indian tribe for a project 

21 study described in subsection (b) be conducted, to the 

22 maximum extent practicable, concurrently with any 

23 other applicable governmental agency or Indian tribe. 

24 (3) TIMING.—The coordinated environmental re25 view process under this subsection shall be completed 
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1 not later than the date on which the Secretary, in 

2 consultation and concurrence with the agencies iden3 tified under section 1105(d), establishes with respect 

4 to the project study. 

5 (c) LEAD AGENCIES.— 

6 (1) JOINT LEAD AGENCIES.— 

7 (A) IN GENERAL.—Subject to the require8 ments of the National Environmental Policy Act 

9 of 1969 (42 U.S.C. 4321 et seq.) and the require10 ments of section 1506.8 of title 40, Code of Fed11 eral Regulations (or successor regulations), in12 cluding the concurrence of the proposed joint 

13 lead agency, a project sponsor may serve as the 

14 joint lead agency. 

15 (B) PROJECT SPONSOR AS JOINT LEAD

16 AGENCY.—A project sponsor that is a State or 

17 local governmental entity may— 

18 (i) with the concurrence of the Sec19 retary, serve as a joint lead agency with the 

20 Federal lead agency for purposes of pre21 paring any environmental document under 

22 the National Environmental Policy Act of 

23 1969 (42 U.S.C. 4321 et seq.); and 

24 (ii) prepare any environmental review 

25 process document under the National Envi-
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1 ronmental Policy Act of 1969 (42 U.S.C. 

2 4321 et seq.) required in support of any ac3 tion or approval by the Secretary if— 

4 (I) the Secretary provides guid5 ance in the preparation process and 

6 independently evaluates that document; 

7 (II) the project sponsor complies 

8 with all requirements applicable to the 

9 Secretary under— 

10 (aa) the National Environ11 mental Policy Act of 1969 (42 

12 U.S.C. 4321 et seq.); 

13 (bb) any regulation imple14 menting that Act; and 

15 (cc) any other applicable 

16 Federal law; and 

17 (III) the Secretary approves and 

18 adopts the document before the Sec19 retary takes any subsequent action or 

20 makes any approval based on that doc21 ument, regardless of whether the action 

22 or approval of the Secretary results in 

23 Federal funding. 

24 (2) DUTIES.—The Secretary shall ensure that— 
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1 (A) the project sponsor complies with all de2 sign and mitigation commitments made jointly 

3 by the Secretary and the project sponsor in any 

4 environmental document prepared by the project 

5 sponsor in accordance with this subsection; and 

6 (B) any environmental document prepared 

7 by the project sponsor is appropriately supple8 mented to address any changes to the project the 

9 Secretary determines are necessary. 

10 (3) ADOPTION AND USE OF DOCUMENTS.—Any 

11 environmental document prepared in accordance with 

12 this subsection shall be adopted and used by any Fed13 eral agency making any determination related to the 

14 project study to the same extent that the Federal 

15 agency could adopt or use a document prepared by 

16 another Federal agency under— 

17 (A) the National Environmental Policy Act 

18 of 1969 (42 U.S.C. 4321 et seq.); and 

19 (B) parts 1500 through 1508 of title 40, 

20 Code of Federal Regulations (or successor regula21 tions). 

22 (4) ROLES AND RESPONSIBILITY OF LEAD AGEN23 CY.—With respect to the environmental review process 

24 for any project study, the Federal lead agency shall 

25 have authority and responsibility— 
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1 (A) to take such actions as are necessary 

2 and proper and within the authority of the Fed3 eral lead agency to facilitate the expeditious reso4 lution of the environmental review process for the 

5 project study; and 

6 (B) to prepare or ensure that any required 

7 environmental impact statement or other envi8 ronmental review document for a project study 

9 required to be completed under the National En10 vironmental Policy Act of 1969 (42 U.S.C. 4321 

11 et seq.) is completed in accordance with this sec12 tion and applicable Federal law. 

13 (d) PARTICIPATING AND COOPERATING AGENCIES.— 

14 (1) IDENTIFICATION OF JURISDICTIONAL AGEN15 CIES.—With respect to carrying out the environ16 mental review process for a project study, the Sec17 retary shall identify, as early as practicable in the 

18 environmental review process, all Federal, State, and 

19 local government agencies and Indian tribes that 

20 may— 

21 (A) have jurisdiction over the project; 

22 (B) be required by law to conduct or issue 

23 a review, analysis, opinion, or statement for the 

24 project study; or 
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1 (C) be required to make a determination on 

2 issuing a permit, license, or other approval or 

3 decision for the project study. 

4 (2) STATE AUTHORITY.—If the environmental re5 view process is being implemented by the Secretary 

6 for a project study within the boundaries of a State, 

7 the State, consistent with State law, may choose to 

8 participate in the process and to make subject to the 

9 process all State agencies that— 

10 (A) have jurisdiction over the project; 

11 (B) are required to conduct or issue a re12 view, analysis, opinion, or statement for the 

13 project study; or 

14 (C) are required to make a determination 

15 on issuing a permit, license, or other approval or 

16 decision for the project study. 

17 (3) INVITATION.— 

18 (A) IN GENERAL.—The Federal lead agency 

19 shall invite, as early as practicable in the envi20 ronmental review process, any agency identified 

21 under paragraph (1) to become a participating 

22 or cooperating agency, as applicable, in the envi23 ronmental review process for the project study. 

24 (B) DEADLINE.—An invitation to partici25 pate issued under subparagraph (A) shall set a 
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1 deadline by which a response to the invitation 

2 shall be submitted, which may be extended by the 

3 Federal lead agency for good cause. 

4 (4) PROCEDURES.—Section 1501.6 of title 40, 

5 Code of Federal Regulations (as in effect on the date 

6 of enactment of the Bureau of Reclamation Project 

7 Streamlining Act) shall govern the identification and 

8 the participation of a cooperating agency. 

9 (5) FEDERAL COOPERATING AGENCIES.—Any 

10 Federal agency that is invited by the Federal lead 

11 agency to participate in the environmental review 

12 process for a project study shall be designated as a co13 operating agency by the Federal lead agency unless 

14 the invited agency informs the Federal lead agency, 

15 in writing, by the deadline specified in the invitation 

16 that the invited agency— 

17 (A)(i) has no jurisdiction or authority with 

18 respect to the project; 

19 (ii) has no expertise or information relevant 

20 to the project; or 

21 (iii) does not have adequate funds to par22 ticipate in the project; and 

23 (B) does not intend to submit comments on 

24 the project. 
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1 (6) ADMINISTRATION.—A participating or co2 operating agency shall comply with this section and 

3 any schedule established under this section. 

4 (7) EFFECT OF DESIGNATION.—Designation as a 

5 participating or cooperating agency under this sub6 section shall not imply that the participating or co7 operating agency— 

8 (A) supports a proposed project; or 

9 (B) has any jurisdiction over, or special ex10 pertise with respect to evaluation of, the project. 

11 (8) CONCURRENT REVIEWS.—Each participating 

12 or cooperating agency shall— 

13 (A) carry out the obligations of that agency 

14 under other applicable law concurrently and in 

15 conjunction with the required environmental re16 view process, unless doing so would prevent the 

17 participating or cooperating agency from con18 ducting needed analysis or otherwise carrying 

19 out those obligations; and 

20 (B) formulate and implement administra21 tive, policy, and procedural mechanisms to en22 able the agency to ensure completion of the envi23 ronmental review process in a timely, coordi24 nated, and environmentally responsible manner. 
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1 (e) NON-FEDERAL PROJECTS INTEGRATED INTO REC2 LAMATION SYSTEMS.—The Federal lead agency shall serve 

3 in that capacity for the entirety of all non-Federal projects 

4 that will be integrated into a larger system owned, operated 

5 or administered in whole or in part by the Bureau of Rec6 lamation. 

7 (f) NON-FEDERAL PROJECT.—If the Secretary deter8 mines that a project can be expedited by a non-Federal 

9 sponsor and that there is a demonstrable Federal interest 

10 in expediting that project, the Secretary shall take such ac11 tions as are necessary to advance such a project as a non12 Federal project, including, but not limited to, entering into 

13 agreements with the non-Federal sponsor of such project to 

14 support the planning, design and permitting of such project 

15 as a non-Federal project. 

16 (g) PROGRAMMATIC COMPLIANCE.— 

17 (1) IN GENERAL.—The Secretary shall issue 

18 guidance regarding the use of programmatic ap19 proaches to carry out the environmental review proc20 ess that— 

21 (A) eliminates repetitive discussions of the 

22 same issues; 

23 (B) focuses on the actual issues ripe for 

24 analyses at each level of review; 
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1 (C) establishes a formal process for coordi2 nating with participating and cooperating agen3 cies, including the creation of a list of all data 

4 that are needed to carry out an environmental 

5 review process; and 

6 (D) complies with— 

7 (i) the National Environmental Policy 

8 Act of 1969 (42 U.S.C. 4321 et seq.); and 

9 (ii) all other applicable laws. 

10 (2) REQUIREMENTS.—In carrying out para11 graph (1), the Secretary shall— 

12 (A) as the first step in drafting guidance 

13 under that paragraph, consult with relevant Fed14 eral, State, and local governmental agencies, In15 dian tribes, and the public on the appropriate 

16 use and scope of the programmatic approaches; 

17 (B) emphasize the importance of collabora18 tion among relevant Federal, State, and local 

19 governmental agencies, and Indian tribes in un20 dertaking programmatic reviews, especially with 

21 respect to including reviews with a broad geo22 graphical scope; 

23 (C) ensure that the programmatic reviews— 

24 (i) promote transparency, including of 

25 the analyses and data used in the environ-
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1 mental review process, the treatment of any 

2 deferred issues raised by Federal, State, and 

3 local governmental agencies, Indian tribes, 

4 or the public, and the temporal and special 

5 scales to be used to analyze those issues; 

6 (ii) use accurate and timely informa7 tion in the environmental review process, 

8 including— 

9 (I) criteria for determining the 

10 general duration of the usefulness of 

11 the review; and 

12 (II) the timeline for updating any 

13 out-of-date review; 

14 (iii) describe— 

15 (I) the relationship between pro16 grammatic analysis and future tiered 

17 analysis; and 

18 (II) the role of the public in the 

19 creation of future tiered analysis; and 

20 (iv) are available to other relevant 

21 Federal, State, and local governmental 

22 agencies, Indian tribes, and the public; 

23 (D) allow not fewer than 60 days of public 

24 notice and comment on any proposed guidance; 

25 and 
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1 (E) address any comments received under 

2 subparagraph (D). 

3 (h) COORDINATED REVIEWS.— 

4 (1) COORDINATION PLAN.— 

5 (A) ESTABLISHMENT.—The Federal lead 

6 agency shall, after consultation with and with 

7 the concurrence of each participating and co8 operating agency and the project sponsor or joint 

9 lead agency, as applicable, establish a plan for 

10 coordinating public and agency participation in, 

11 and comment on, the environmental review proc12 ess for a project study or a category of project 

13 studies. 

14 (B) SCHEDULE.— 

15 (i) IN GENERAL.—As soon as prac16 ticable but not later than 45 days after the 

17 close of the public comment period on a 

18 draft environmental impact statement, the 

19 Federal lead agency, after consultation with 

20 and the concurrence of each participating 

21 and cooperating agency and the project 

22 sponsor or joint lead agency, as applicable, 

23 shall establish, as part of the coordination 

24 plan established in subparagraph (A), a 
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1 schedule for completion of the environmental 

2 review process for the project study. 

3 (ii) FACTORS FOR CONSIDERATION.— 

4 In establishing a schedule, the Secretary 

5 shall consider factors such as— 

6 (I) the responsibilities of partici7 pating and cooperating agencies under 

8 applicable laws; 

9 (II) the resources available to the 

10 project sponsor, joint lead agency, and 

11 other relevant Federal and State agen12 cies, as applicable; 

13 (III) the overall size and com14 plexity of the project; 

15 (IV) the overall schedule for and 

16 cost of the project; and 

17 (V) the sensitivity of the natural 

18 and historical resources that could be 

19 affected by the project. 

20 (iii) MODIFICATIONS.—The Secretary 

21 may— 

22 (I) lengthen a schedule established 

23 under clause (i) for good cause; and 

24 (II) shorten a schedule only with 

25 concurrence of the affected partici-
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1 pating and cooperating agencies and 

2 the project sponsor or joint lead agen3 cy, as applicable. 

4 (iv) DISSEMINATION.—A copy of a 

5 schedule established under clause (i) shall 

6 be— 

7 (I) provided to each participating 

8 and cooperating agency and the project 

9 sponsor or joint lead agency, as appli10 cable; and 

11 (II) made available to the public. 

12 (2) COMMENT DEADLINES.—The Federal lead 

13 agency shall establish the following deadlines for com14 ment during the environmental review process for a 

15 project study: 

16 (A) DRAFT ENVIRONMENTAL IMPACT STATE17 MENTS.—For comments by Federal and State 

18 agencies and the public on a draft environmental 

19 impact statement, a period of not more than 60 

20 days after publication in the Federal Register of 

21 notice of the date of public availability of the 

22 draft environmental impact statement, unless— 

23 (i) a different deadline is established 

24 by agreement of the Federal lead agency, the 

25 project sponsor or joint lead agency, as ap-
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1 plicable, and all participating and cooper2 ating agencies; or 

3 (ii) the deadline is extended by the 

4 Federal lead agency for good cause. 

5 (B) OTHER ENVIRONMENTAL REVIEW PROC6 ESSES.—For all other comment periods estab7 lished by the Federal lead agency for agency or 

8 public comments in the environmental review 

9 process, a period of not more than 30 days after 

10 the date on which the materials on which com11 ment is requested are made available, unless— 

12 (i) a different deadline is established 

13 by agreement of the Federal lead agency, the 

14 project sponsor, or joint lead agency, as ap15 plicable, and all participating and cooper16 ating agencies; or 

17 (ii) the deadline is extended by the 

18 Federal lead agency for good cause. 

19 (3) DEADLINES FOR DECISIONS UNDER OTHER

20 LAWS.—In any case in which a decision under any 

21 Federal law relating to a project study, including the 

22 issuance or denial of a permit or license, is required 

23 to be made by the date described in subsection 

24 (i)(5)(B), the Secretary shall submit to the Committee 

25 on Natural Resources of the House of Representatives 
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1 and the Committee on Energy and Natural Resources 

2 of the Senate— 

3 (A) as soon as practicable after the 180-day 

4 period described in subsection (i)(5)(B), an ini5 tial notice of the failure of the Federal agency to 

6 make the decision; and 

7 (B) every 60 days thereafter until such date 

8 as all decisions of the Federal agency relating to 

9 the project study have been made by the Federal 

10 agency, an additional notice that describes the 

11 number of decisions of the Federal agency that 

12 remain outstanding as of the date of the addi13 tional notice. 

14 (4) INVOLVEMENT OF THE PUBLIC.—Nothing in 

15 this subsection reduces any time period provided for 

16 public comment in the environmental review process 

17 under applicable Federal law (including regulations). 

18 (5) TRANSPARENCY REPORTING.— 

19 (A) REPORTING REQUIREMENTS.—Not later 

20 than 1 year after the date of enactment of this 

21 Act, the Secretary shall establish and maintain 

22 an electronic database and, in coordination with 

23 other Federal and State agencies, issue reporting 

24 requirements to make publicly available the sta25 tus and progress with respect to compliance with 
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1 applicable requirements of the National Environ2 mental Policy Act of 1969 (42 U.S.C. 4321 et 

3 seq.) and any other Federal, State, or local ap4 proval or action required for a project study for 

5 which this section is applicable. 

6 (B) PROJECT STUDY TRANSPARENCY.—Con7 sistent with the requirements established under 

8 subparagraph (A), the Secretary shall make pub9 licly available the status and progress of any 

10 Federal, State, or local decision, action, or ap11 proval required under applicable laws for each 

12 project study for which this section is applicable. 

13 (i) ISSUE IDENTIFICATION AND RESOLUTION.— 

14 (1) COOPERATION.—The Federal lead agency, the 

15 cooperating agencies, and any participating agencies 

16 shall work cooperatively in accordance with this sec17 tion to identify and resolve issues that could delay 

18 completion of the environmental review process or re19 sult in the denial of any approval required for the 

20 project study under applicable laws. 

21 (2) FEDERAL LEAD AGENCY RESPONSIBIL22 ITIES.— 

23 (A) IN GENERAL.—The Federal lead agency 

24 shall make information available to the cooper25 ating agencies and participating agencies as 
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1 early as practicable in the environmental review 

2 process regarding the environmental and socio3 economic resources located within the project 

4 area and the general locations of the alternatives 

5 under consideration. 

6 (B) DATA SOURCES.—The information 

7 under subparagraph (A) may be based on exist8 ing data sources, including geographic informa9 tion systems mapping. 

10 (3) COOPERATING AND PARTICIPATING AGENCY

11 RESPONSIBILITIES.—Based on information received 

12 from the Federal lead agency, cooperating and par13 ticipating agencies shall identify, as early as prac14 ticable, any issues of concern regarding the potential 

15 environmental or socioeconomic impacts of the 

16 project, including any issues that could substantially 

17 delay or prevent an agency from granting a permit 

18 or other approval that is needed for the project study. 

19 (4) ACCELERATED ISSUE RESOLUTION AND ELE20 VATION.— 

21 (A) IN GENERAL.—On the request of a par22 ticipating or cooperating agency or project spon23 sor, the Secretary shall convene an issue resolu24 tion meeting with the relevant participating and 

25 cooperating agencies and the project sponsor or 
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1 joint lead agency, as applicable, to resolve issues 

2 that may— 

3 (i) delay completion of the environ4 mental review process; or 

5 (ii) result in denial of any approval 

6 required for the project study under appli7 cable laws. 

8 (B) MEETING DATE.—A meeting requested 

9 under this paragraph shall be held not later than 

10 21 days after the date on which the Secretary re11 ceives the request for the meeting, unless the Sec12 retary determines that there is good cause to ex13 tend that deadline. 

14 (C) NOTIFICATION.—On receipt of a request 

15 for a meeting under this paragraph, the Sec16 retary shall notify all relevant participating and 

17 cooperating agencies of the request, including the 

18 issue to be resolved and the date for the meeting. 

19 (D) ELEVATION OF ISSUE RESOLUTION.—If 

20 a resolution cannot be achieved within the 30- 

21 day period beginning on the date of a meeting 

22 under this paragraph and a determination is 

23 made by the Secretary that all information nec24 essary to resolve the issue has been obtained, the 
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1 Secretary shall forward the dispute to the heads 

2 of the relevant agencies for resolution. 

3 (E) CONVENTION BY SECRETARY.—The Sec4 retary may convene an issue resolution meeting 

5 under this paragraph at any time, at the discre6 tion of the Secretary, regardless of whether a 

7 meeting is requested under subparagraph (A). 

8 (5) FINANCIAL PENALTY PROVISIONS.— 

9 (A) IN GENERAL.—A Federal jurisdictional 

10 agency shall complete any required approval or 

11 decision for the environmental review process on 

12 an expeditious basis using the shortest existing 

13 applicable process. 

14 (B) FAILURE TO DECIDE.— 

15 (i) IN GENERAL.— 

16 (I) TRANSFER OF FUNDS.—If a 

17 Federal jurisdictional agency fails to 

18 render a decision required under any 

19 Federal law relating to a project study 

20 that requires the preparation of an en21 vironmental impact statement or envi22 ronmental assessment, including the 

23 issuance or denial of a permit, license, 

24 statement, opinion, or other approval 

25 by the date described in clause (ii), the 
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1 amount of funds made available to 

2 support the office of the head of the 

3 Federal jurisdictional agency shall be 

4 reduced by an amount of funding equal 

5 to the amount specified in item (aa) or 

6 (bb) of subclause (II), and those funds 

7 shall be made available to the division 

8 of the Federal jurisdictional agency 

9 charged with rendering the decision by 

10 not later than 1 day after the applica11 ble date under clause (ii), and once 

12 each week thereafter until a final deci13 sion is rendered, subject to subpara14 graph (C). 

15 (II) AMOUNT TO BE TRANS16 FERRED.—The amount referred to in 

17 subclause (I) is— 

18 (aa) $20,000 for any project 

19 study requiring the preparation of 

20 an environmental assessment or 

21 environmental impact statement; 

22 or 

23 (bb) $10,000 for any project 

24 study requiring any type of re25 view under the National Environ-
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1 mental Policy Act of 1969 (42 

2 U.S.C. 4321 et seq.) other than an 

3 environmental assessment or envi4 ronmental impact statement. 

5 (ii) DESCRIPTION OF DATE.—The date 

6 referred to in clause (i) is the later of— 

7 (I) the date that is 180 days after 

8 the date on which an application for 

9 the permit, license, or approval is com10 plete; and 

11 (II) the date that is 180 days 

12 after the date on which the Federal 

13 lead agency issues a decision on the 

14 project under the National Environ15 mental Policy Act of 1969 (42 U.S.C. 

16 4321 et seq.). 

17 (C) LIMITATIONS.— 

18 (i) IN GENERAL.—No transfer of funds 

19 under subparagraph (B) relating to an in20 dividual project study shall exceed, in any 

21 fiscal year, an amount equal to 1 percent of 

22 the funds made available for the applicable 

23 agency office. 

24 (ii) FAILURE TO DECIDE.—The total 

25 amount transferred in a fiscal year as a re-
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1 sult of a failure by an agency to make a de2 cision by an applicable deadline shall not 

3 exceed an amount equal to 5 percent of the 

4 funds made available for the applicable 

5 agency office for that fiscal year. 

6 (iii) AGGREGATE.—Notwithstanding 

7 any other provision of law, for each fiscal 

8 year, the aggregate amount of financial 

9 penalties assessed against each applicable 

10 agency office under this Act and any other 

11 Federal law as a result of a failure of the 

12 agency to make a decision by an applicable 

13 deadline for environmental review, includ14 ing the total amount transferred under this 

15 paragraph, shall not exceed an amount 

16 equal to 9.5 percent of the funds made 

17 available for the agency office for that fiscal 

18 year. 

19 (D) NOTIFICATION OF TRANSFERS.—Not 

20 later than 10 days after the last date in a fiscal 

21 year on which funds of the Federal jurisdictional 

22 agency may be transferred under subparagraph 

23 (B)(5) with respect to an individual decision, the 

24 agency shall submit to the appropriate commit25 tees of the House of Representatives and the Sen-
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1 ate written notification that includes a descrip2 tion of— 

3 (i) the decision; 

4 (ii) the project study involved; 

5 (iii) the amount of each transfer under 

6 subparagraph (B) in that fiscal year relat7 ing to the decision; 

8 (iv) the total amount of all transfers 

9 under subparagraph (B) in that fiscal year 

10 relating to the decision; and 

11 (v) the total amount of all transfers of 

12 the agency under subparagraph (B) in that 

13 fiscal year. 

14 (E) NO FAULT OF AGENCY.— 

15 (i) IN GENERAL.—A transfer of funds 

16 under this paragraph shall not be made if 

17 the applicable agency described in subpara18 graph (A) notifies, with a supporting expla19 nation, the Federal lead agency, cooperating 

20 agencies, and project sponsor, as applicable, 

21 that— 

22 (I) the agency has not received 

23 necessary information or approvals 

24 from another entity in a manner that 

25 affects the ability of the agency to meet 
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1 any requirements under Federal, State, 

2 or local law; 

3 (II) significant new information, 

4 including from public comments, or 

5 circumstances, including a major 

6 modification to an aspect of the 

7 project, requires additional analysis 

8 for the agency to make a decision on 

9 the project application; or 

10 (III) the agency lacks the finan11 cial resources to complete the review 

12 under the scheduled timeframe, includ13 ing a description of the number of full14 time employees required to complete 

15 the review, the amount of funding re16 quired to complete the review, and a 

17 justification as to why not enough 

18 funding is available to complete the re19 view by the deadline. 

20 (ii) LACK OF FINANCIAL RE21 SOURCES.—If the agency provides notice 

22 under clause (i)(III), the Inspector General 

23 of the agency shall— 

24 (I) conduct a financial audit to 

25 review the notice; and 
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1 (II) not later than 90 days after 

2 the date on which the review described 

3 in subclause (I) is completed, submit to 

4 the Committee on Natural Resources of 

5 the House of Representatives and the 

6 Committee on Energy and Natural Re7 sources of the Senate the results of the 

8 audit conducted under subclause (I). 

9 (F) LIMITATION.—The Federal agency from 

10 which funds are transferred pursuant to this 

11 paragraph shall not reprogram funds to the of12 fice of the head of the agency, or equivalent of13 fice, to reimburse that office for the loss of the 

14 funds. 

15 (G) EFFECT OF PARAGRAPH.—Nothing in 

16 this paragraph affects or limits the application 

17 of, or obligation to comply with, any Federal, 

18 State, local, or tribal law. 

19 (j) MEMORANDUM OF AGREEMENTS FOR EARLY CO20 ORDINATION.— 

21 (1) SENSE OF CONGRESS.—It is the sense of 

22 Congress that— 

23 (A) the Secretary and other Federal agen24 cies with relevant jurisdiction in the environ25 mental review process should cooperate with each 
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1 other, State and local agencies, and Indian 

2 tribes on environmental review and Bureau of 

3 Reclamation project delivery activities at the 

4 earliest practicable time to avoid delays and du5 plication of effort later in the process, prevent 

6 potential conflicts, and ensure that planning and 

7 project development decisions reflect environ8 mental values; and 

9 (B) the cooperation referred to in subpara10 graph (A) should include the development of 

11 policies and the designation of staff that advise 

12 planning agencies and project sponsors of studies 

13 or other information foreseeably required for 

14 later Federal action and early consultation with 

15 appropriate State and local agencies and Indian 

16 tribes. 

17 (2) TECHNICAL ASSISTANCE.—If requested at 

18 any time by a State or project sponsor, the Secretary 

19 and other Federal agencies with relevant jurisdiction 

20 in the environmental review process, shall, to the 

21 maximum extent practicable and appropriate, as de22 termined by the agencies, provide technical assistance 

23 to the State or project sponsor in carrying out early 

24 coordination activities. 
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1 (3) MEMORANDUM OF AGENCY AGREEMENT.—If 

2 requested at any time by a State or project sponsor, 

3 the Federal lead agency, in consultation with other 

4 Federal agencies with relevant jurisdiction in the en5 vironmental review process, may establish memo6 randa of agreement with the project sponsor, Indian 

7 tribes, State and local governments, and other appro8 priate entities to carry out the early coordination ac9 tivities, including providing technical assistance in 

10 identifying potential impacts and mitigation issues 

11 in an integrated fashion. 

12 (k) LIMITATIONS.—Nothing in this section preempts or 

13 interferes with— 

14 (1) any obligation to comply with the provisions 

15 of any Federal law, including— 

16 (A) the National Environmental Policy Act 

17 of 1969 (42 U.S.C. 4321 et seq.); and 

18 (B) any other Federal environmental law; 

19 (2) the reviewability of any final Federal agency 

20 action in a court of the United States or in the court 

21 of any State; 

22 (3) any requirement for seeking, considering, or 

23 responding to public comment; or 

24 (4) any power, jurisdiction, responsibility, duty, 

25 or authority that a Federal, State, or local govern-
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1 mental agency, Indian tribe, or project sponsor has 

2 with respect to carrying out a project or any other 

3 provision of law applicable to projects. 

4 (l) TIMING OF CLAIMS.— 

5 (1) TIMING.— 

6 (A) IN GENERAL.—Notwithstanding any 

7 other provision of law, a claim arising under 

8 Federal law seeking judicial review of a permit, 

9 license, or other approval issued by a Federal 

10 agency for a project study shall be barred unless 

11 the claim is filed not later than 3 years after 

12 publication of a notice in the Federal Register 

13 announcing that the permit, license, or other ap14 proval is final pursuant to the law under which 

15 the agency action is taken, unless a shorter time 

16 is specified in the Federal law that allows judi17 cial review. 

18 (B) APPLICABILITY.—Nothing in this sub19 section creates a right to judicial review or 

20 places any limit on filing a claim that a person 

21 has violated the terms of a permit, license, or 

22 other approval. 

23 (2) NEW INFORMATION.— 

24 (A) IN GENERAL.—The Secretary shall con25 sider new information received after the close of 
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1 a comment period if the information satisfies the 

2 requirements for a supplemental environmental 

3 impact statement under title 40, Code of Federal 

4 Regulations (including successor regulations). 

5 (B) SEPARATE ACTION.—The preparation of 

6 a supplemental environmental impact statement 

7 or other environmental document, if required 

8 under this section, shall be considered a separate 

9 final agency action and the deadline for filing a 

10 claim for judicial review of the action shall be 3 

11 years after the date of publication of a notice in 

12 the Federal Register announcing the action relat13 ing to such supplemental environmental impact 

14 statement or other environmental document. 

15 (m) CATEGORICAL EXCLUSIONS.— 

16 (1) IN GENERAL.—Not later than 180 days after 

17 the date of enactment of this Act, the Secretary 

18 shall— 

19 (A) survey the use by the Bureau of Rec20 lamation of categorical exclusions in projects 

21 since 2005; 

22 (B) publish a review of the survey that in23 cludes a description of— 
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1 (i) the types of actions that were cat2 egorically excluded or could be the basis for 

3 developing a new categorical exclusion; and 

4 (ii) any requests previously received by 

5 the Secretary for new categorical exclusions; 

6 and 

7 (C) solicit requests from other Federal agen8 cies and project sponsors for new categorical ex9 clusions. 

10 (2) NEW CATEGORICAL EXCLUSIONS.—Not later 

11 than 1 year after the date of enactment of this Act, 

12 if the Secretary has identified a category of activities 

13 that merit establishing a categorical exclusion that 

14 did not exist on the day before the date of enactment 

15 this Act based on the review under paragraph (1), the 

16 Secretary shall publish a notice of proposed rule17 making to propose that new categorical exclusion, to 

18 the extent that the categorical exclusion meets the cri19 teria for a categorical exclusion under section 1508.4 

20 of title 40, Code of Federal Regulations (or successor 

21 regulation). 

22 (n) REVIEW OF PROJECT ACCELERATION REFORMS.— 

23 (1) IN GENERAL.—The Comptroller General of 

24 the United States shall— 
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1 (A) assess the reforms carried out under this 

2 section; and 

3 (B) not later than 5 years and not later 

4 than 10 years after the date of enactment of this 

5 Act, submit to the Committee on Natural Re6 sources of the House of Representatives and the 

7 Committee on Energy and Natural Resources of 

8 the Senate a report that describes the results of 

9 the assessment. 

10 (2) CONTENTS.—The reports under paragraph 

11 (1) shall include an evaluation of impacts of the re12 forms carried out under this section on— 

13 (A) project delivery; 

14 (B) compliance with environmental laws; 

15 and 

16 (C) the environmental impact of projects. 

17 (o) PERFORMANCE MEASUREMENT.—The Secretary 

18 shall establish a program to measure and report on progress 

19 made toward improving and expediting the planning and 

20 environmental review process. 

21 (p) CATEGORICAL EXCLUSIONS IN EMERGENCIES.— 

22 For the repair, reconstruction, or rehabilitation of a Bureau 

23 of Reclamation surface water storage project that is in oper24 ation or under construction when damaged by an event or 

25 incident that results in a declaration by the President of 
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1 a major disaster or emergency pursuant to the Robert T. 

2 Stafford Disaster Relief and Emergency Assistance Act (42 

3 U.S.C. 5121 et seq.), the Secretary shall treat such repair, 

4 reconstruction, or rehabilitation activity as a class of action 

5 categorically excluded from the requirements relating to en6 vironmental assessments or environmental impact state7 ments under section 1508.4 of title 40, Code of Federal Reg8 ulations (or successor regulations), if the repair or recon9 struction activity is— 

10 (1) in the same location with the same capacity, 

11 dimensions, and design as the original Bureau of 

12 Reclamation surface water storage project as before 

13 the declaration described in this section; and 

14 (2) commenced within a 2-year period beginning 

15 on the date of a declaration described in this sub16 section. 

17 SEC. 1106. ANNUAL REPORT TO CONGRESS. 

18 (a) IN GENERAL.—Not later than February 1 of each 

19 year, the Secretary shall develop and submit to the Com20 mittee on Natural Resources of the House of Representatives 

21 and the Committee on Energy and Natural Resources of 

22 the Senate an annual report, to be entitled ‘‘Report to Con23 gress on Future Water Project Development’’, that identifies 

24 the following: 
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1 (1) PROJECT REPORTS.—Each project report 

2 that meets the criteria established in subsection 

3 (c)(1)(A). 

4 (2) PROPOSED PROJECT STUDIES.—Any pro5 posed project study submitted to the Secretary by a 

6 non-Federal interest pursuant to subsection (b) that 

7 meets the criteria established in subsection (c)(1)(A). 

8 (3) PROPOSED MODIFICATIONS.—Any proposed 

9 modification to an authorized water project or project 

10 study that meets the criteria established in subsection 

11 (c)(1)(A) that— 

12 (A) is submitted to the Secretary by a non13 Federal interest pursuant to subsection (b); or 

14 (B) is identified by the Secretary for au15 thorization. 

16 (4) EXPEDITED COMPLETION OF REPORT AND

17 DETERMINATIONS.—Any project study that was expe18 dited and any Secretarial determinations under sec19 tion 1104. 

20 (b) REQUESTS FOR PROPOSALS.— 

21 (1) PUBLICATION.—Not later than May 1 of each 

22 year, the Secretary shall publish in the Federal Reg23 ister a notice requesting proposals from non-Federal 

24 interests for proposed project studies and proposed 
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1 modifications to authorized projects and project stud2 ies to be included in the annual report. 

3 (2) DEADLINE FOR REQUESTS.—The Secretary 

4 shall include in each notice required by this sub5 section a requirement that non-Federal interests sub6 mit to the Secretary any proposals described in para7 graph (1) by not later than 120 days after the date 

8 of publication of the notice in the Federal Register in 

9 order for the proposals to be considered for inclusion 

10 in the annual report. 

11 (3) NOTIFICATION.—On the date of publication 

12 of each notice required by this subsection, the Sec13 retary shall— 

14 (A) make the notice publicly available, in15 cluding on the Internet; and 

16 (B) provide written notification of the pub17 lication to the Committee on Natural Resources 

18 of the House of Representatives and the Com19 mittee on Energy and Natural Resources of the 

20 Senate. 

21 (c) CONTENTS.— 

22 (1) PROJECT REPORTS, PROPOSED PROJECT

23 STUDIES, AND PROPOSED MODIFICATIONS.— 

24 (A) CRITERIA FOR INCLUSION IN REPORT.— 

25 The Secretary shall include in the annual report 
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1 only those project reports, proposed project stud2 ies, and proposed modifications to authorized 

3 projects and project studies that— 

4 (i) are related to the missions and au5 thorities of the Bureau of Reclamation; 

6 (ii) require specific congressional au7 thorization, including by an Act of Con8 gress; 

9 (iii) have not been congressionally au10 thorized; 

11 (iv) have not been included in any pre12 vious annual report; and 

13 (v) if authorized, could be carried out 

14 by the Bureau of Reclamation. 

15 (B) DESCRIPTION OF BENEFITS.— 

16 (i) DESCRIPTION.—The Secretary shall 

17 describe in the annual report, to the extent 

18 applicable and practicable, for each pro19 posed project study and proposed modifica20 tion to an authorized water resources devel21 opment project or project study included in 

22 the annual report, the benefits, as described 

23 in clause (ii), of each such study or pro24 posed modification. 
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1 (ii) BENEFITS.—The benefits (or ex2 pected benefits, in the case of a proposed 

3 project study) described in this clause are 

4 benefits to— 

5 (I) the protection of human life 

6 and property; 

7 (II) improvement to domestic irri8 gated water and power supplies; 

9 (III) the national economy; 

10 (IV) the environment; or 

11 (V) the national security interests 

12 of the United States. 

13 (C) IDENTIFICATION OF OTHER FACTORS.— 

14 The Secretary shall identify in the annual re15 port, to the extent practicable— 

16 (i) for each proposed project study in17 cluded in the annual report, the non-Fed18 eral interest that submitted the proposed 

19 project study pursuant to subsection (b); 

20 and 

21 (ii) for each proposed project study 

22 and proposed modification to a project or 

23 project study included in the annual report, 

24 whether the non-Federal interest has dem25 onstrated— 
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1 (I) that local support exists for 

2 the proposed project study or proposed 

3 modification to an authorized project 

4 or project study (including the surface 

5 water storage development project that 

6 is the subject of the proposed feasibility 

7 study or the proposed modification to 

8 an authorized project study); and 

9 (II) the financial ability to pro10 vide the required non-Federal cost 

11 share. 

12 (2) TRANSPARENCY.—The Secretary shall in13 clude in the annual report, for each project report, 

14 proposed project study, and proposed modification to 

15 a project or project study included under paragraph 

16 (1)(A)— 

17 (A) the name of the associated non-Federal 

18 interest, including the name of any non-Federal 

19 interest that has contributed, or is expected to 

20 contribute, a non-Federal share of the cost of— 

21 (i) the project report; 

22 (ii) the proposed project study; 

23 (iii) the authorized project study for 

24 which the modification is proposed; or 

25 (iv) construction of— 
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1 (I) the project that is the subject 

2 of— 

3 (aa) the water report; 

4 (bb) the proposed project 

5 study; or 

6 (cc) the authorized project 

7 study for which a modification is 

8 proposed; or 

9 (II) the proposed modification to 

10 a project; 

11 (B) a letter or statement of support for the 

12 water report, proposed project study, or proposed 

13 modification to a project or project study from 

14 each associated non-Federal interest; 

15 (C) the purpose of the feasibility report, 

16 proposed feasibility study, or proposed modifica17 tion to a project or project study; 

18 (D) an estimate, to the extent practicable, of 

19 the Federal, non-Federal, and total costs of— 

20 (i) the proposed modification to an au21 thorized project study; and 

22 (ii) construction of— 

23 (I) the project that is the subject 

24 of— 

25 (aa) the project report; or 
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1 (bb) the authorized project 

2 study for which a modification is 

3 proposed, with respect to the 

4 change in costs resulting from 

5 such modification; or 

6 (II) the proposed modification to 

7 an authorized project; and 

8 (E) an estimate, to the extent practicable, of 

9 the monetary and nonmonetary benefits of— 

10 (i) the project that is the subject of— 

11 (I) the project report; or 

12 (II) the authorized project study 

13 for which a modification is proposed, 

14 with respect to the benefits of such 

15 modification; or 

16 (ii) the proposed modification to an 

17 authorized project. 

18 (3) CERTIFICATION.—The Secretary shall include 

19 in the annual report a certification stating that each 

20 feasibility report, proposed feasibility study, and pro21 posed modification to a project or project study in22 cluded in the annual report meets the criteria estab23 lished in paragraph (1)(A). 

24 (4) APPENDIX.—The Secretary shall include in 

25 the annual report an appendix listing the proposals 
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1 submitted under subsection (b) that were not included 

2 in the annual report under paragraph (1)(A) and a 

3 description of why the Secretary determined that 

4 those proposals did not meet the criteria for inclusion 

5 under such paragraph. 

6 (d) SPECIAL RULE FOR INITIAL ANNUAL REPORT.— 

7 Notwithstanding any other deadlines required by this sec8 tion, the Secretary shall— 

9 (1) not later than 60 days after the date of en10 actment of this Act, publish in the Federal Register 

11 a notice required by subsection (b)(1); and 

12 (2) include in such notice a requirement that 

13 non-Federal interests submit to the Secretary any 

14 proposals described in subsection (b)(1) by not later 

15 than 120 days after the date of publication of such 

16 notice in the Federal Register in order for such pro17 posals to be considered for inclusion in the first an18 nual report developed by the Secretary under this sec19 tion. 

20 (e) PUBLICATION.—Upon submission of an annual re21 port to Congress, the Secretary shall make the annual report 

22 publicly available, including through publication on the 

23 Internet. 

24 (f) DEFINITION.—In this section, the term ‘‘project re25 port’’ means a final feasibility report developed under the 
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1 Reclamation Act of 1902 (32 Stat. 388), and all Acts 

2 amendatory thereof or supplementary thereto. 

3 Subtitle I—Accelerated Revenue, 

4 Repayment, and Surface Water 

5 Storage Enhancement 

6 SEC. 1111. SHORT TITLE. 

7 This subtitle may be cited as the ‘‘Accelerated Revenue, 

8 Repayment, and Surface Water Storage Enhancement Act’’. 

9 SEC. 1112. PREPAYMENT OF CERTAIN REPAYMENT CON10 TRACTS BETWEEN THE UNITED STATES AND 

11 CONTRACTORS OF FEDERALLY DEVELOPED 

12 WATER SUPPLIES. 

13 (a) CONVERSION AND PREPAYMENT OF CONTRACTS.— 

14 (1) CONVERSION.—Upon request of the con15 tractor, the Secretary of the Interior shall convert any 

16 water service contract in effect on the date of enact17 ment of this Act and between the United States and 

18 a water users’ association to allow for prepayment of 

19 the repayment contract pursuant to paragraph (2) 

20 under mutually agreeable terms and conditions. The 

21 manner of conversion under this paragraph shall be 

22 as follows: 

23 (A) Water service contracts that were en24 tered into under section 9(e) of the Act of August 

25 4, 1939 (53 Stat. 1196), to be converted under 
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1 this section shall be converted to repayment con2 tracts under section 9(d) of that Act (53 Stat. 

3 1195). 

4 (B) Water service contracts that were en5 tered under subsection (c)(2) of section 9 of the 

6 Act of August 4, 1939 (53 Stat. 1194), to be con7 verted under this section shall be converted to a 

8 contract under subsection (c)(1) of section 9 of 

9 that Act (53 Stat. 1195). 

10 (2) PREPAYMENT.—Except for those repayment 

11 contracts under which the contractor has previously 

12 negotiated for prepayment, all repayment contracts 

13 under section 9(d) of that Act (53 Stat. 1195) in ef14 fect on the date of enactment of this Act at the request 

15 of the contractor, and all contracts converted pursu16 ant to paragraph (1)(A) shall— 

17 (A) provide for the repayment, either in 

18 lump sum or by accelerated prepayment, of the 

19 remaining construction costs identified in water 

20 project specific irrigation rate repayment sched21 ules, as adjusted to reflect payment not reflected 

22 in such schedule, and properly assignable for ul23 timate return by the contractor, or if made in 

24 approximately equal installments, no later than 

25 3 years after the effective date of the repayment 
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contract, such amount to be discounted by 1 1 ⁄2 the 

2 Treasury rate. An estimate of the remaining con3 struction costs, as adjusted, shall be provided by 

4 the Secretary to the contractor no later than 90 

5 days following receipt of request of the con6 tractor; 

7 (B) require that construction costs or other 

8 capitalized costs incurred after the effective date 

9 of the contract or not reflected in the rate sched10 ule referenced in subparagraph (A), and prop11 erly assignable to such contractor shall be repaid 

12 in not more than 5 years after notification of the 

13 allocation if such amount is a result of a collec14 tive annual allocation of capital costs to the con15 tractors exercising contract conversation under 

16 this subsection of less than $5,000,000. If such 

17 amount is $5,000,000 or greater, such cost shall 

18 be repaid as provided by applicable reclamation 

19 law; 

20 (C) provide that power revenues will not be 

21 available to aid in repayment of construction 

22 costs allocated to irrigation under the contract; 

23 and 

24 (D) continue so long as the contractor pays 

25 applicable charges, consistent with section 9(d) of 
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1 the Act of August 4, 1939 (53 Stat. 1195), and 

2 applicable law. 

3 (3) CONTRACT REQUIREMENTS.—Except for those 

4 repayment contracts under which the contractor has 

5 previously negotiated for prepayment, the following 

6 shall apply with regard to all repayment contracts 

7 under subsection (c)(1) of section 9 of that Act (53 

8 Stat. 1195) in effect on the date of enactment of this 

9 Act at the request of the contractor, and all contracts 

10 converted pursuant to paragraph (1)(B): 

11 (A) Provide for the repayment in lump sum 

12 of the remaining construction costs identified in 

13 water project specific municipal and industrial 

14 rate repayment schedules, as adjusted to reflect 

15 payments not reflected in such schedule, and 

16 properly assignable for ultimate return by the 

17 contractor. An estimate of the remaining con18 struction costs, as adjusted, shall be provided by 

19 the Secretary to the contractor no later than 90 

20 days after receipt of request of contractor. 

21 (B) The contract shall require that construc22 tion costs or other capitalized costs incurred 

23 after the effective date of the contract or not re24 flected in the rate schedule referenced in subpara25 graph (A), and properly assignable to such con-
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1 tractor, shall be repaid in not more than 5 years 

2 after notification of the allocation if such 

3 amount is a result of a collective annual alloca4 tion of capital costs to the contractors exercising 

5 contract conversation under this subsection of 

6 less than $5,000,000. If such amount is 

7 $5,000,000 or greater, such cost shall be repaid 

8 as provided by applicable reclamation law. 

9 (C) Continue so long as the contractor pays 

10 applicable charges, consistent with section 

11 9(c)(1) of the Act of August 4, 1939 (53 Stat. 

12 1195), and applicable law. 

13 (4) CONDITIONS.—All contracts entered into pur14 suant to paragraphs (1), (2), and (3) shall— 

15 (A) not be adjusted on the basis of the type 

16 of prepayment financing used by the water users’ 

17 association; 

18 (B) conform to any other agreements, such 

19 as applicable settlement agreements and new 

20 constructed appurtenant facilities; and 

21 (C) not modify other water service, repay22 ment, exchange and transfer contractual rights 

23 between the water users’ association, and the Bu24 reau of Reclamation, or any rights, obligations, 

25 or relationships of the water users’ association 
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1 and their landowners as provided under State 

2 law. 

3 (b) ACCOUNTING.—The amounts paid pursuant to sub4 section (a) shall be subject to adjustment following a final 

5 cost allocation by the Secretary of the Interior. In the event 

6 that the final cost allocation indicates that the costs prop7 erly assignable to the contractor are greater than what has 

8 been paid by the contractor, the contractor shall be obligated 

9 to pay the remaining allocated costs. The term of such addi10 tional repayment contract shall be not less than one year 

11 and not more than 10 years, however, mutually agreeable 

12 provisions regarding the rate of repayment of such amount 

13 may be developed by the parties. In the event that the final 

14 cost allocation indicates that the costs properly assignable 

15 to the contractor are less than what the contractor has paid, 

16 the Secretary shall credit such overpayment as an offset 

17 against any outstanding or future obligation of the con18 tractor. 

19 (c) APPLICABILITY OF CERTAIN PROVISIONS.— 

20 (1) EFFECT OF EXISTING LAW.—Upon a contrac21 tor’s compliance with and discharge of the obligation 

22 of repayment of the construction costs pursuant to a 

23 contract entered into pursuant to subsection 

24 (a)(2)(A), subsections (a) and (b) of section 213 of the 
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1 Reclamation Reform Act of 1982 (96 Stat. 1269) shall 

2 apply to affected lands. 

3 (2) EFFECT OF OTHER OBLIGATIONS.—The obli4 gation of a contractor to repay construction costs or 

5 other capitalized costs described in subsection 

6 (a)(2)(B), (a)(3)(B), or (b) shall not affect a contrac7 tor’s status as having repaid all of the construction 

8 costs assignable to the contractor or the applicability 

9 of subsections (a) and (b) of section 213 of the Rec10 lamation Reform Act of 1982 (96 Stat. 1269) once the 

11 amount required to be paid by the contractor under 

12 the repayment contract entered into pursuant to sub13 section (a)(2)(A) have been paid. 

14 (d) EFFECT ON EXISTING LAW NOT ALTERED.—Im15 plementation of the provisions of this subtitle shall not 

16 alter— 

17 (1) the repayment obligation of any water serv18 ice or repayment contractor receiving water from the 

19 same water project, or shift any costs that would oth20 erwise have been properly assignable to the water 

21 users’ association identified in subsections (a)(1), 

22 (a)(2), and (a)(3) absent this section, including oper23 ation and maintenance costs, construction costs, or 

24 other capitalized costs incurred after the date of the 

25 enactment of this Act, or to other contractors; and 
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1 (2) specific requirements for the disposition of 

2 amounts received as repayments by the Secretary 

3 under the Act of June 17, 1902 (32 Stat. 388, chapter 

4 1093), and Acts supplemental to and amendatory of 

5 that Act (43 U.S.C. 371 et seq.). 

6 (e) SURFACE WATER STORAGE ENHANCEMENT PRO7 GRAM.— 

8 (1) IN GENERAL.—Except as provided in sub9 section (d)(2), three years following the date of enact10 ment of this Act, 50 percent of receipts generated from 

11 prepayment of contracts under this section beyond 

12 amounts necessary to cover the amount of receipts for13 gone from scheduled payments under current law for 

14 the 10-year period following the date of enactment of 

15 this Act shall be directed to the Reclamation Surface 

16 Water Storage Account under paragraph (2). 

17 (2) SURFACE STORAGE ACCOUNT.—The Sec18 retary shall allocate amounts collected under para19 graph (1) into the ‘‘Reclamation Surface Storage Ac20 count’’ to fund the construction of surface water stor21 age. The Secretary may also enter into cooperative 

22 agreements with water users’ associations for the con23 struction of surface water storage and amounts with24 in the Surface Storage Account may be used to fund 

25 such construction. Surface water storage projects that 
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1 are otherwise not federally authorized shall not be 

2 considered Federal facilities as a result of any 

3 amounts allocated from the Surface Storage Account 

4 for part or all of such facilities. 

5 (3) REPAYMENT.—Amounts used for surface 

6 water storage construction from the Account shall be 

7 fully reimbursed to the Account consistent with the re8 quirements under Federal reclamation law (the law 

9 (the Act of June 17, 1902 (32 Stat. 388, chapter 

10 1093))), and Acts supplemental to and amendatory of 

11 that Act (43 U.S.C. 371 et seq.) except that all funds 

12 reimbursed shall be deposited in the Account estab13 lished under paragraph (2). 

14 (4) AVAILABILITY OF AMOUNTS.—Amounts de15 posited in the Account under this subsection shall— 

16 (A) be made available in accordance with 

17 this section, subject to appropriation; and 

18 (B) be in addition to amounts appropriated 

19 for such purposes under any other provision of 

20 law. 

21 (5) PURPOSES OF SURFACE WATER STORAGE.— 

22 Construction of surface water storage under this sec23 tion shall be made for the following purposes: 

24 (A) Increased municipal and industrial 

25 water supply. 
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1 (B) Agricultural floodwater, erosion, and 

2 sedimentation reduction. 

3 (C) Agricultural drainage improvements. 

4 (D) Agricultural irrigation. 

5 (E) Increased recreation opportunities. 

6 (F) Reduced adverse impacts to fish and 

7 wildlife from water storage or diversion projects 

8 within watersheds associated with water storage 

9 projects funded under this section. 

10 (G) Any other purposes consistent with rec11 lamation laws or other Federal law. 

12 (f) DEFINITIONS.—For the purposes of this subtitle, the 

13 following definitions apply: 

14 (1) ACCOUNT.—The term ‘‘Account’’ means the 

15 Reclamation Surface Water Storage Account estab16 lished under subsection (e)(2). 

17 (2) CONSTRUCTION.—The term ‘‘construction’’ 

18 means the designing, materials engineering and test19 ing, surveying, and building of surface water storage 

20 including additions to existing surface water storage 

21 and construction of new surface water storage facili22 ties, exclusive of any Federal statutory or regulatory 

23 obligations relating to any permit, review, approval, 

24 or other such requirement. 
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1 (3) SURFACE WATER STORAGE.—The term ‘‘sur2 face water storage’’ means any federally owned facil3 ity under the jurisdiction of the Bureau of Reclama4 tion or any non-Federal facility used for the surface 

5 storage and supply of water resources. 

6 (4) TREASURY RATE.—The term ‘‘Treasury rate’’ 

7 means the 20-year Constant Maturity Treasury 

8 (CMT) rate published by the United States Depart9 ment of the Treasury existing on the effective date of 

10 the contract. 

11 (5) WATER USERS’ ASSOCIATION.—The term 

12 ‘‘water users’ association’’ means— 

13 (A) an entity organized and recognized 

14 under State laws that is eligible to enter into 

15 contracts with reclamation to receive contract 

16 water for delivery to and users of the water and 

17 to pay applicable charges; and 

18 (B) includes a variety of entities with dif19 ferent names and differing functions, such as as20 sociations, conservatory district, irrigation dis21 trict, municipality, and water project contract 

22 unit. 
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1 Subtitle J—Safety of Dams 

2 SEC. 1121. AUTHORIZATION OF ADDITIONAL PROJECT BEN3 EFITS. 

4 The Reclamation Safety of Dams Act of 1978 is 

5 amended— 

6 (1) in section 3, by striking ‘‘Construction’’ and 

7 inserting ‘‘Except as provided in section 5B, con8 struction’’; and 

9 (2) by inserting after section 5A (43 U.S.C. 509) 

10 the following: 

11 ‘‘SEC. 5B. AUTHORIZATION OF ADDITIONAL PROJECT BENE12 FITS. 

13 ‘‘Notwithstanding section 3, if the Secretary deter14 mines that additional project benefits, including but not 

15 limited to additional conservation storage capacity, are fea16 sible and not inconsistent with the purposes of this Act, the 

17 Secretary is authorized to develop additional project bene18 fits through the construction of new or supplementary works 

19 on a project in conjunction with the Secretary’s activities 

20 under section 2 of this Act and subject to the conditions 

21 described in the feasibility study, provided— 

22 ‘‘(1) the Secretary determines that developing 

23 additional project benefits through the construction of 

24 new or supplementary works on a project will pro-
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1 mote more efficient management of water and water2 related facilities; 

3 ‘‘(2) the feasibility study pertaining to addi4 tional project benefits has been authorized pursuant to 

5 section 8 of the Federal Water Project Recreation Act 

6 of 1965 (16 U.S.C. 4601–18); and 

7 ‘‘(3) the costs associated with developing the ad8 ditional project benefits are agreed to in writing be9 tween the Secretary and project proponents and shall 

10 be allocated to the authorized purposes of the structure 

11 and repaid consistent with all provisions of Federal 

12 Reclamation law (the Act of June 17, 1902, 43 U.S.C. 

13 371 et seq.) and Acts supplemental to and amend14 atory of that Act.’’. 

15 Subtitle K—Water Rights Protection 

16 SEC. 1131. SHORT TITLE. 

17 This subtitle may be cited as the ‘‘Water Rights Protec18 tion Act’’. 

19 SEC. 1132. DEFINITION OF WATER RIGHT. 

20 In this subtitle, the term ‘‘water right’’ means any sur21 face or groundwater right filed, permitted, certified, con22 firmed, decreed, adjudicated, or otherwise recognized by a 

23 judicial proceeding or by the State in which the user ac24 quires possession of the water or puts the water to beneficial 
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1 use, including water rights for federally recognized Indian 

2 tribes. 

3 SEC. 1133. TREATMENT OF WATER RIGHTS. 

4 The Secretary of the Interior and the Secretary of Ag5 riculture shall not— 

6 (1) condition or withhold, in whole or in part, 

7 the issuance, renewal, amendment, or extension of 

8 any permit, approval, license, lease, allotment, ease9 ment, right-of-way, or other land use or occupancy 

10 agreement on— 

11 (A) limitation or encumbrance of any water 

12 right, or the transfer of any water right (includ13 ing joint and sole ownership), directly or indi14 rectly to the United States or any other designee; 

15 or 

16 (B) any other impairment of any water 

17 right, in whole or in part, granted or otherwise 

18 recognized under State law, by Federal or State 

19 adjudication, decree, or other judgment, or pur20 suant to any interstate water compact; 

21 (2) require any water user (including any feder22 ally recognized Indian tribe) to apply for or acquire 

23 a water right in the name of the United States under 

24 State law as a condition of the issuance, renewal, 

25 amendment, or extension of any permit, approval, li-
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1 cense, lease, allotment, easement, right-of-way, or 

2 other land use or occupancy agreement; 

3 (3) assert jurisdiction over groundwater with4 drawals or impacts on groundwater resources, unless 

5 jurisdiction is asserted, and any regulatory or policy 

6 actions taken pursuant to such assertion are, con7 sistent with, and impose no greater restrictions or 

8 regulatory requirements than, applicable State laws 

9 (including regulations) and policies governing the 

10 protection and use of groundwater resources; or 

11 (4) infringe on the rights and obligations of a 

12 State in evaluating, allocating, and adjudicating the 

13 waters of the State originating on or under, or flow14 ing from, land owned or managed by the Federal 

15 Government. 

16 SEC. 1134. RECOGNITION OF STATE AUTHORITY. 

17 (a) IN GENERAL.—In carrying out section 1133, the 

18 Secretary of the Interior and the Secretary of Agriculture 

19 shall— 

20 (1) recognize the longstanding authority of the 

21 States relating to evaluating, protecting, allocating, 

22 regulating, and adjudicating groundwater by any 

23 means, including a rulemaking, permitting, directive, 

24 water court adjudication, resource management plan25 ning, regional authority, or other policy; and 
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1 (2) coordinate with the States in the adoption 

2 and implementation by the Secretary of the Interior 

3 or the Secretary of Agriculture of any rulemaking, 

4 policy, directive, management plan, or other similar 

5 Federal action so as to ensure that such actions are 

6 consistent with, and impose no greater restrictions or 

7 regulatory requirements than, State groundwater laws 

8 and programs. 

9 (b) EFFECT ON STATE WATER RIGHTS.—In carrying 

10 out this subtitle, the Secretary of the Interior and the Sec11 retary of Agriculture shall not take any action that ad12 versely affects— 

13 (1) any water rights granted by a State; 

14 (2) the authority of a State in adjudicating 

15 water rights; 

16 (3) definitions established by a State with re17 spect to the term ‘‘beneficial use’’, ‘‘priority of water 

18 rights’’, or ‘‘terms of use’’; 

19 (4) terms and conditions of groundwater with20 drawal, guidance and reporting procedures, and con21 servation and source protection measures established 

22 by a State; 

23 (5) the use of groundwater in accordance with 

24 State law; or 
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1 (6) any other rights and obligations of a State 

2 established under State law. 

3 SEC. 1135. EFFECT OF TITLE. 

4 (a) EFFECT ON EXISTING AUTHORITY.—Nothing in 

5 this subtitle limits or expands any existing legally recog6 nized authority of the Secretary of the Interior or the Sec7 retary of Agriculture to issue, grant, or condition any per8 mit, approval, license, lease, allotment, easement, right-of9 way, or other land use or occupancy agreement on Federal 

10 land subject to the jurisdiction of the Secretary of the Inte11 rior or the Secretary of Agriculture, respectively. 

12 (b) EFFECT ON RECLAMATION CONTRACTS.—Nothing 

13 in this subtitle interferes with Bureau of Reclamation con14 tracts entered into pursuant to the reclamation laws. 

15 (c) EFFECT ON ENDANGERED SPECIES ACT.—Nothing 

16 in this subtitle affects the implementation of the Endan17 gered Species Act of 1973 (16 U.S.C. 1531 et seq.). 

18 (d) EFFECT ON FEDERAL RESERVED WATER

19 RIGHTS.—Nothing in this subtitle limits or expands any 

20 existing or claimed reserved water rights of the Federal Gov21 ernment on land administered by the Secretary of the Inte22 rior or the Secretary of Agriculture. 

23 (e) EFFECT ON FEDERAL POWER ACT.—Nothing in 

24 this subtitle limits or expands authorities under sections 
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1 4(e), 10(j), or 18 of the Federal Power Act (16 U.S.C. 

2 797(e), 803(j), 811). 

3 (f) EFFECT ON INDIAN WATER RIGHTS.—Nothing in 

4 this subtitle limits or expands any water right or treaty 

5 right of any federally recognized Indian tribe. 

6 TITLE II—SPORTSMEN’S HERIT7 AGE AND RECREATIONAL EN8 HANCEMENT ACT 

9 SEC. 2001. SHORT TITLE. 

10 This title may be cited as the ‘‘Sportsmen’s Heritage 

11 and Recreational Enhancement Act’’ or the ‘‘SHARE Act’’. 

12 SEC. 2002. REPORT ON ECONOMIC IMPACT. 

13 Not later than 12 months after the date of the enact14 ment of this Act, the Secretary of Interior shall submit a 

15 report to Congress that assesses expected economic impacts 

16 of the Act. Such report shall include— 

17 (1) a review of any expected increases in rec18 reational hunting, fishing, shooting, and conservation 

19 activities; 

20 (2) an estimate of any jobs created in each in21 dustry expected to support such activities described in 

22 paragraph (1), including in the supply, manufac23 turing, distribution, and retail sectors; 

24 (3) an estimate of wages related to jobs described 

25 in paragraph (2); and 
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1 (4) an estimate of anticipated new local, State, 

2 and Federal revenue related to jobs described in para3 graph (2). 

4 Subtitle A—Hunting, Fishing and 

5 Recreational Shooting Protec6 tion Act 

7 SEC. 2011. SHORT TITLE. 

8 This subtitle may be cited as the ‘‘Hunting, Fishing, 

9 and Recreational Shooting Protection Act’’. 

10 SEC. 2012. MODIFICATION OF DEFINITION. 

11 Section 3(2)(B) of the Toxic Substances Control Act 

12 (15 U.S.C. 2602(2)(B)) is amended— 

13 (1) in clause (v), by striking ‘‘, and’’ and insert14 ing ‘‘, or any component of any such article includ15 ing, without limitation, shot, bullets and other projec16 tiles, propellants, and primers,’’; 

17 (2) in clause (vi) by striking the period at the 

18 end and inserting ‘‘, and’’; and 

19 (3) by inserting after clause (vi) the following: 

20 ‘‘(vii) any sport fishing equipment (as such term 

21 is defined in subsection (a) of section 4162 of the In22 ternal Revenue Code of 1986) the sale of which is sub23 ject to the tax imposed by section 4161(a) of such 

24 Code (determined without regard to any exemptions 

25 from such tax as provided by section 4162 or 4221 or 
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1 any other provision of such Code), and sport fishing 

2 equipment components.’’. 

3 SEC. 2013. LIMITATION ON AUTHORITY TO REGULATE AM4 MUNITION AND FISHING TACKLE. 

5 (a) LIMITATION.—Except as provided in section 20.21 

6 of title 50, Code of Federal Regulations, as in effect on the 

7 date of the enactment of this Act, or any substantially simi8 lar successor regulation thereto, the Secretary of the Inte9 rior, the Secretary of Agriculture, and, except as provided 

10 by subsection (b), any bureau, service, or office of the De11 partment of the Interior or the Department of Agriculture, 

12 may not regulate the use of ammunition cartridges, ammu13 nition components, or fishing tackle based on the lead con14 tent thereof if such use is in compliance with the law of 

15 the State in which the use occurs. 

16 (b) EXCEPTION.—The limitation in subsection (a) 

17 shall not apply to the United States Fish and Wildlife Serv18 ice or the National Park Service. 

19 Subtitle B—Target Practice and 

20 Marksmanship Training Sup21 port Act 

22 SEC. 2021. SHORT TITLE. 

23 This subtitle may be cited as the ‘‘Target Practice and 

24 Marksmanship Training Support Act’’. 
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1 SEC. 2022. FINDINGS; PURPOSE. 

2 (a) FINDINGS.—Congress finds that— 

3 (1) the use of firearms and archery equipment 

4 for target practice and marksmanship training ac5 tivities on Federal land is allowed, except to the ex6 tent specific portions of that land have been closed to 

7 those activities; 

8 (2) in recent years preceding the date of enact9 ment of this Act, portions of Federal land have been 

10 closed to target practice and marksmanship training 

11 for many reasons; 

12 (3) the availability of public target ranges on 

13 non-Federal land has been declining for a variety of 

14 reasons, including continued population growth and 

15 development near former ranges; 

16 (4) providing opportunities for target practice 

17 and marksmanship training at public target ranges 

18 on Federal and non-Federal land can help— 

19 (A) to promote enjoyment of shooting, rec20 reational, and hunting activities; and 

21 (B) to ensure safe and convenient locations 

22 for those activities; 

23 (5) Federal law in effect on the date of enact24 ment of this Act, including the Pittman-Robertson 

25 Wildlife Restoration Act (16 U.S.C. 669 et seq.), pro26 vides Federal support for construction and expansion 
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1 of public target ranges by making available to States 

2 amounts that may be used for construction, operation, 

3 and maintenance of public target ranges; and 

4 (6) it is in the public interest to provide in5 creased Federal support to facilitate the construction 

6 or expansion of public target ranges. 

7 (b) PURPOSE.—The purpose of this subtitle is to facili8 tate the construction and expansion of public target ranges, 

9 including ranges on Federal land managed by the Forest 

10 Service and the Bureau of Land Management. 

11 SEC. 2023. DEFINITION OF PUBLIC TARGET RANGE. 

12 In this subtitle, the term ‘‘public target range’’ means 

13 a specific location that— 

14 (1) is identified by a governmental agency for 

15 recreational shooting; 

16 (2) is open to the public; 

17 (3) may be supervised; and 

18 (4) may accommodate archery or rifle, pistol, or 

19 shotgun shooting. 

20 SEC. 2024. AMENDMENTS TO PITTMAN-ROBERTSON WILD21 LIFE RESTORATION ACT. 

22 (a) DEFINITIONS.—Section 2 of the Pittman-Robertson 

23 Wildlife Restoration Act (16 U.S.C. 669a) is amended— 

24 (1) by redesignating paragraphs (2) through (8) 

25 as paragraphs (3) through (9), respectively; and 
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1 (2) by inserting after paragraph (1) the fol2 lowing: 

3 ‘‘(2) the term ‘public target range’ means a spe4 cific location that— 

5 ‘‘(A) is identified by a governmental agency 

6 for recreational shooting; 

7 ‘‘(B) is open to the public; 

8 ‘‘(C) may be supervised; and 

9 ‘‘(D) may accommodate archery or rifle, 

10 pistol, or shotgun shooting;’’. 

11 (b) EXPENDITURES FOR MANAGEMENT OF WILDLIFE

12 AREAS AND RESOURCES.—Section 8(b) of the Pittman13 Robertson Wildlife Restoration Act (16 U.S.C. 669g(b)) is 

14 amended— 

15 (1) by striking ‘‘(b) Each State’’ and inserting 

16 the following: 

17 ‘‘(b) EXPENDITURES FOR MANAGEMENT OF WILDLIFE

18 AREAS AND RESOURCES.— 

19 ‘‘(1) IN GENERAL.—Except as provided in para20 graph (2), each State’’; 

21 (2) in paragraph (1) (as so designated), by strik22 ing ‘‘construction, operation,’’ and inserting ‘‘oper23 ation’’; 

24 (3) in the second sentence, by striking ‘‘The non25 Federal share’’ and inserting the following: 
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1 ‘‘(3) NON-FEDERAL SHARE.—The non-Federal 

2 share’’; 

3 (4) in the third sentence, by striking ‘‘The Sec4 retary’’ and inserting the following: 

5 ‘‘(4) REGULATIONS.—The Secretary’’; and 

6 (5) by inserting after paragraph (1) (as des7 ignated by paragraph (1) of this subsection) the fol8 lowing: 

9 ‘‘(2) EXCEPTION.—Notwithstanding the limita10 tion described in paragraph (1), a State may pay up 

11 to 90 percent of the cost of acquiring land for, ex12 panding, or constructing a public target range.’’. 

13 (c) FIREARM AND BOW HUNTER EDUCATION AND

14 SAFETY PROGRAM GRANTS.—Section 10 of the Pittman15 Robertson Wildlife Restoration Act (16 U.S.C. 669h–1) is 

16 amended— 

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

18 following: 

19 ‘‘(3) ALLOCATION OF ADDITIONAL AMOUNTS.—Of 

20 the amount apportioned to a State for any fiscal year 

21 under section 4(b), the State may elect to allocate not 

22 more than 10 percent, to be combined with the 

23 amount apportioned to the State under paragraph (1) 

24 for that fiscal year, for acquiring land for, expanding, 

25 or constructing a public target range.’’; 
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1 (2) by striking subsection (b) and inserting the 

2 following: 

3 ‘‘(b) COST SHARING.— 

4 ‘‘(1) IN GENERAL.—Except as provided in para5 graph (2), the Federal share of the cost of any activity 

6 carried out using a grant under this section shall not 

7 exceed 75 percent of the total cost of the activity. 

8 ‘‘(2) PUBLIC TARGET RANGE CONSTRUCTION OR

9 EXPANSION.—The Federal share of the cost of acquir10 ing land for, expanding, or constructing a public tar11 get range in a State on Federal or non-Federal land 

12 pursuant to this section or section 8(b) shall not ex13 ceed 90 percent of the cost of the activity.’’; and 

14 (3) in subsection (c)(1)— 

15 (A) by striking ‘‘Amounts made’’ and in16 serting the following: 

17 ‘‘(A) IN GENERAL.—Except as provided in 

18 subparagraph (B), amounts made’’; and 

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

20 ‘‘(B) EXCEPTION.—Amounts provided for 

21 acquiring land for, constructing, or expanding a 

22 public target range shall remain available for ex23 penditure and obligation during the 5-fiscal-year 

24 period beginning on October 1 of the first fiscal 
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1 year for which the amounts are made avail2 able.’’. 

3 SEC. 2025. LIMITS ON LIABILITY. 

4 (a) DISCRETIONARY FUNCTION.—For purposes of 

5 chapter 171 of title 28, United States Code (commonly re6 ferred to as the ‘‘Federal Tort Claims Act’’), any action by 

7 an agent or employee of the United States to manage or 

8 allow the use of Federal land for purposes of target practice 

9 or marksmanship training by a member of the public shall 

10 be considered to be the exercise or performance of a discre11 tionary function. 

12 (b) CIVIL ACTION OR CLAIMS.—Except to the extent 

13 provided in chapter 171 of title 28, United States Code, 

14 the United States shall not be subject to any civil action 

15 or claim for money damages for any injury to or loss of 

16 property, personal injury, or death caused by an activity 

17 occurring at a public target range that is— 

18 (1) funded in whole or in part by the Federal 

19 Government pursuant to the Pittman-Robertson Wild20 life Restoration Act (16 U.S.C. 669 et seq.); or 

21 (2) located on Federal land. 

22 SEC. 2026. SENSE OF CONGRESS REGARDING COOPERA23 TION. 

24 It is the sense of Congress that, consistent with appli25 cable laws and regulations, the Chief of the Forest Service 
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1 and the Director of the Bureau of Land Management should 

2 cooperate with State and local authorities and other entities 

3 to carry out waste removal and other activities on any Fed4 eral land used as a public target range to encourage contin5 ued use of that land for target practice or marksmanship 

6 training. 

7 Subtitle C—Polar Bear 

8 Conservation and Fairness Act 

9 SEC. 2031. SHORT TITLE. 

10 This subtitle may be cited as the ‘‘Polar Bear Con11 servation and Fairness Act’’. 

12 SEC. 2032. PERMITS FOR IMPORTATION OF POLAR BEAR 

13 TROPHIES TAKEN IN SPORT HUNTS IN CAN14 ADA. 

15 Section 104(c)(5)(D) of the Marine Mammal Protec16 tion Act of 1972 (16 U.S.C. 1374(c)(5)(D)) is amended to 

17 read as follows: 

18 ‘‘(D)(i) The Secretary of the Interior shall, expe19 ditiously after the expiration of the applicable 30-day 

20 period under subsection (d)(2), issue a permit for the 

21 importation of any polar bear part (other than an in22 ternal organ) from a polar bear taken in a sport hunt 

23 in Canada to any person— 
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1 ‘‘(I) who submits, with the permit applica2 tion, proof that the polar bear was legally har3 vested by the person before February 18, 1997; or 

4 ‘‘(II) who has submitted, in support of a 

5 permit application submitted before May 15, 

6 2008, proof that the polar bear was legally har7 vested by the person before May 15, 2008, from 

8 a polar bear population from which a sport9 hunted trophy could be imported before that date 

10 in accordance with section 18.30(i) of title 50, 

11 Code of Federal Regulations. 

12 ‘‘(ii) The Secretary shall issue permits under 

13 clause (i)(I) without regard to subparagraphs (A) and 

14 (C)(ii) of this paragraph, subsection (d)(3), and sec15 tions 101 and 102. Sections 101(a)(3)(B) and 

16 102(b)(3) shall not apply to the importation of any 

17 polar bear part authorized by a permit issued under 

18 clause (i)(I). This clause shall not apply to polar bear 

19 parts that were imported before June 12, 1997. 

20 ‘‘(iii) The Secretary shall issue permits under 

21 clause (i)(II) without regard to subparagraph (C)(ii) 

22 of this paragraph or subsection (d)(3). Sections 

23 101(a)(3)(B) and 102(b)(3) shall not apply to the im24 portation of any polar bear part authorized by a per25 mit issued under clause (i)(II). This clause shall not 
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1 apply to polar bear parts that were imported before 

2 the date of enactment of the Polar Bear Conservation 

3 and Fairness Act.’’. 

4 Subtitle D—Recreational Lands 

5 Self-Defense Act 

6 SEC. 2041. SHORT TITLE. 

7 This subtitle may be cited as the ‘‘Recreational Lands 

8 Self-Defense Act’’. 

9 SEC. 2042. PROTECTING AMERICANS FROM VIOLENT CRIME. 

10 (a) FINDINGS.—Congress finds the following: 

11 (1) The Second Amendment to the Constitution 

12 provides that ‘‘the right of the people to keep and bear 

13 Arms, shall not be infringed’’. 

14 (2) Section 327.13 of title 36, Code of Federal 

15 Regulations, provides that, except in special cir16 cumstances, ‘‘possession of loaded firearms, ammuni17 tion, loaded projectile firing devices, bows and arrows, 

18 crossbows, or other weapons is prohibited’’ at water 

19 resources development projects administered by the 

20 Secretary of the Army. 

21 (3) The regulations described in paragraph (2) 

22 prevent individuals complying with Federal and 

23 State laws from exercising the second amendment 

24 rights of the individuals while at such water resources 

25 development projects. 
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1 (4) The Federal laws should make it clear that 

2 the second amendment rights of an individual at a 

3 water resources development project should not be in4 fringed. 

5 (b) PROTECTING THE RIGHT OF INDIVIDUALS TO

6 BEAR ARMS AT WATER RESOURCES DEVELOPMENT

7 PROJECTS.—The Secretary of the Army shall not promul8 gate or enforce any regulation that prohibits an individual 

9 from possessing a firearm, including an assembled or func10 tional firearm, at a water resources development project 

11 covered under section 327.0 of title 36, Code of Federal Reg12 ulations (as in effect on the date of enactment of this Act), 

13 if— 

14 (1) the individual is not otherwise prohibited by 

15 law from possessing the firearm; and 

16 (2) the possession of the firearm is in compliance 

17 with the law of the State in which the water resources 

18 development project is located. 

19 Subtitle E—Wildlife and Hunting 

20 Heritage Conservation Council 

21 Advisory Committee 

22 SEC. 2051. WILDLIFE AND HUNTING HERITAGE CONSERVA23 TION COUNCIL ADVISORY COMMITTEE. 

24 The Fish and Wildlife Coordination Act (16 U.S.C. 

25 661 et seq.) is amended by adding at the end the following: 
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1 ‘‘SEC. 10. WILDLIFE AND HUNTING HERITAGE CONSERVA2 TION COUNCIL ADVISORY COMMITTEE. 

3 ‘‘(a) ESTABLISHMENT.—There is hereby established the 

4 Wildlife and Hunting Heritage Conservation Council Advi5 sory Committee (in this section referred to as the ‘Advisory 

6 Committee’) to advise the Secretaries of the Interior and 

7 Agriculture on wildlife and habitat conservation, hunting, 

8 and recreational shooting. 

9 ‘‘(b) CONTINUANCE AND ABOLISHMENT OF EXISTING

10 WILDLIFE AND HUNTING HERITAGE CONSERVATION COUN11 CIL.—The Wildlife and Hunting Heritage Conservation 

12 Council established pursuant to section 441 of the Revised 

13 Statutes (43 U.S.C. 1457), section 2 of the Fish and Wildlife 

14 Act of 1956 (16 U.S.C. 742a), and other Acts applicable 

15 to specific bureaus of the Department of the Interior— 

16 ‘‘(1) shall continue until the date of the first 

17 meeting of the Wildlife and Hunting Heritage Con18 servation Council established by the amendment made 

19 by subsection (a); and 

20 ‘‘(2) is hereby abolished effective on that date. 

21 ‘‘(c) DUTIES OF THE ADVISORY COMMITTEE.—The Ad22 visory Committee shall advise the Secretaries with regard 

23 to— 

24 ‘‘(1) implementation of Executive Order No. 

25 13443: Facilitation of Hunting Heritage and Wildlife 

26 Conservation, which directs Federal agencies ‘to fa-
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1 cilitate the expansion and enhancement of hunting 

2 opportunities and the management of game species 

3 and their habitat’; 

4 ‘‘(2) policies or programs to conserve and restore 

5 wetlands, agricultural lands, grasslands, forest, and 

6 rangeland habitats; 

7 ‘‘(3) policies or programs to promote opportuni8 ties and access to hunting and shooting sports on 

9 Federal lands; 

10 ‘‘(4) policies or programs to recruit and retain 

11 new hunters and shooters; 

12 ‘‘(5) policies or programs that increase public 

13 awareness of the importance of wildlife conservation 

14 and the social and economic benefits of recreational 

15 hunting and shooting; and 

16 ‘‘(6) policies or programs that encourage coordi17 nation among the public, the hunting and shooting 

18 sports community, wildlife conservation groups, and 

19 States, tribes, and the Federal Government. 

20 ‘‘(d) MEMBERSHIP.— 

21 ‘‘(1) APPOINTMENT.— 

22 ‘‘(A) IN GENERAL.—The Advisory Com23 mittee shall consist of no more than 16 discre24 tionary members and 8 ex officio members. 
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1 ‘‘(B) EX OFFICIO MEMBERS.—The ex officio 

2 members are— 

3 ‘‘(i) the Director of the United States 

4 Fish and Wildlife Service or a designated 

5 representative of the Director; 

6 ‘‘(ii) the Director of the Bureau of 

7 Land Management or a designated rep8 resentative of the Director; 

9 ‘‘(iii) the Director of the National Park 

10 Service or a designated representative of the 

11 Director; 

12 ‘‘(iv) the Chief of the Forest Service or 

13 a designated representative of the Chief; 

14 ‘‘(v) the Chief of the Natural Resources 

15 Conservation Service or a designated rep16 resentative of the Chief; 

17 ‘‘(vi) the Administrator of the Farm 

18 Service Agency or a designated representa19 tive of the Administrator; 

20 ‘‘(vii) the Executive Director of the As21 sociation of Fish and Wildlife Agencies; and 

22 ‘‘(viii) the Administrator of the Small 

23 Business Administration or designated rep24 resentative. 
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1 ‘‘(C) DISCRETIONARY MEMBERS.—The dis2 cretionary members shall be appointed jointly by 

3 the Secretaries from at least one of each of the 

4 following: 

5 ‘‘(i) State fish and wildlife agencies. 

6 ‘‘(ii) Game bird hunting organizations. 

7 ‘‘(iii) Wildlife conservation organiza8 tions. 

9 ‘‘(iv) Big game hunting organizations. 

10 ‘‘(v) Waterfowl hunting organizations. 

11 ‘‘(vi) The tourism, outfitter, or guiding 

12 industry. 

13 ‘‘(vii) The firearms or ammunition 

14 manufacturing industry. 

15 ‘‘(viii) The hunting or shooting equip16 ment retail industry. 

17 ‘‘(ix) Tribal resource management or18 ganizations. 

19 ‘‘(x) The agriculture industry. 

20 ‘‘(xi) The ranching industry. 

21 ‘‘(xii) Women’s hunting and fishing 

22 advocacy, outreach, or education organiza23 tion. 
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1 ‘‘(xiii) Minority hunting and fishing 

2 advocacy, outreach, or education organiza3 tion. 

4 ‘‘(xiv) Veterans service organization. 

5 ‘‘(D) ELIGIBILITY.—Prior to the appoint6 ment of the discretionary members, the Secre7 taries shall determine that all individuals nomi8 nated for appointment to the Advisory Com9 mittee, and the organization each individual 

10 represents, actively support and promote sustain11 able-use hunting, wildlife conservation, and rec12 reational shooting. 

13 ‘‘(2) TERMS.— 

14 ‘‘(A) IN GENERAL.—Except as provided in 

15 subparagraph (B), members of the Advisory 

16 Committee shall be appointed for a term of 4 

17 years. Members shall not be appointed for more 

18 than 3 consecutive or nonconsecutive terms. 

19 ‘‘(B) TERMS OF INITIAL APPOINTEES.—As 

20 designated by the Secretary at the time of ap21 pointment, of the members first appointed— 

22 ‘‘(i) 6 members shall be appointed for 

23 a term of 4 years; 

24 ‘‘(ii) 5 members shall be appointed for 

25 a term of 3 years; and 
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1 ‘‘(iii) 5 members shall be appointed for 

2 a term of 2 years. 

3 ‘‘(3) PRESERVATION OF PUBLIC ADVISORY STA4 TUS.—No individual may be appointed as a discre5 tionary member of the Advisory Committee while 

6 serving as an officer or employee of the Federal Gov7 ernment. 

8 ‘‘(4) VACANCY AND REMOVAL.— 

9 ‘‘(A) IN GENERAL.—Any vacancy on the 

10 Advisory Committee shall be filled in the manner 

11 in which the original appointment was made. 

12 ‘‘(B) REMOVAL.—Advisory Committee mem13 bers shall serve at the discretion of the Secre14 taries and may be removed at any time for good 

15 cause. 

16 ‘‘(5) CONTINUATION OF SERVICE.—Each ap17 pointed member may continue to serve after the expi18 ration of the term of office to which such member was 

19 appointed until a successor has been appointed. 

20 ‘‘(6) CHAIRPERSON.—The Chairperson of the Ad21 visory Committee shall be appointed for a 3-year 

22 term by the Secretaries, jointly, from among the mem23 bers of the Advisory Committee. An individual may 

24 not be appointed as Chairperson for more than 2 con25 secutive or nonconsecutive terms. 
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1 ‘‘(7) PAY AND EXPENSES.—Members of the Advi2 sory Committee shall serve without pay for such serv3 ice, but each member of the Advisory Committee may 

4 be reimbursed for travel and lodging incurred through 

5 attending meetings of the Advisory Committee ap6 proved subgroup meetings in the same amounts and 

7 under the same conditions as Federal employees (in 

8 accordance with section 5703 of title 5, United States 

9 Code). 

10 ‘‘(8) MEETINGS.— 

11 ‘‘(A) IN GENERAL.—The Advisory Com12 mittee shall meet at the call of the Secretaries, 

13 the chairperson, or a majority of the members, 

14 but not less frequently than twice annually. 

15 ‘‘(B) OPEN MEETINGS.—Each meeting of 

16 the Advisory Committee shall be open to the pub17 lic. 

18 ‘‘(C) PRIOR NOTICE OF MEETINGS.—Timely 

19 notice of each meeting of the Advisory Committee 

20 shall be published in the Federal Register and be 

21 submitted to trade publications and publications 

22 of general circulation. 

23 ‘‘(D) SUBGROUPS.—The Advisory Com24 mittee may establish such workgroups or sub25 groups as it deems necessary for the purpose of 
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1 compiling information or conducting research. 

2 However, such workgroups may not conduct 

3 business without the direction of the Advisory 

4 Committee and must report in full to the Advi5 sory Committee. 

6 ‘‘(9) QUORUM.—Nine members of the Advisory 

7 Committee shall constitute a quorum. 

8 ‘‘(e) EXPENSES.—The expenses of the Advisory Com9 mittee that the Secretaries determine to be reasonable and 

10 appropriate shall be paid by the Secretaries. 

11 ‘‘(f) ADMINISTRATIVE SUPPORT, TECHNICAL SERV12 ICES, AND ADVICE.—A designated Federal Officer shall be 

13 jointly appointed by the Secretaries to provide to the Advi14 sory Committee the administrative support, technical serv15 ices, and advice that the Secretaries determine to be reason16 able and appropriate. 

17 ‘‘(g) ANNUAL REPORT.— 

18 ‘‘(1) REQUIRED.—Not later than September 30 

19 of each year, the Advisory Committee shall submit a 

20 report to the Secretaries, the Committee on Natural 

21 Resources and the Committee on Agriculture of the 

22 House of Representatives, and the Committee on En23 ergy and Natural Resources and the Committee on 

24 Agriculture, Nutrition, and Forestry of the Senate. If 

25 circumstances arise in which the Advisory Committee 
542 

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1 cannot meet the September 30 deadline in any year, 

2 the Secretaries shall advise the Chairpersons of each 

3 such Committee of the reasons for such delay and the 

4 date on which the submission of the report is antici5 pated. 

6 ‘‘(2) CONTENTS.—The report required by para7 graph (1) shall describe— 

8 ‘‘(A) the activities of the Advisory Com9 mittee during the preceding year; 

10 ‘‘(B) the reports and recommendations 

11 made by the Advisory Committee to the Secre12 taries during the preceding year; and 

13 ‘‘(C) an accounting of actions taken by the 

14 Secretaries as a result of the recommendations. 

15 ‘‘(h) FEDERAL ADVISORY COMMITTEE ACT.—The Ad16 visory Committee shall be exempt from the Federal Advisory 

17 Committee Act (5 U.S.C. App.).’’. 

18 Subtitle F—Recreational Fishing 

19 and Hunting Heritage Opportu20 nities Act 

21 SEC. 2061. SHORT TITLE. 

22 This subtitle may be cited as the ‘‘Recreational Fishing 

23 and Hunting Heritage and Opportunities Act’’. 

24 SEC. 2062. FINDINGS. 

25 Congress finds that— 
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1 (1) recreational fishing and hunting are impor2 tant and traditional activities in which millions of 

3 Americans participate; 

4 (2) recreational anglers and hunters have been 

5 and continue to be among the foremost supporters of 

6 sound fish and wildlife management and conservation 

7 in the United States; 

8 (3) recreational fishing and hunting are environ9 mentally acceptable and beneficial activities that 

10 occur and can be provided on Federal lands and 

11 waters without adverse effects on other uses or users; 

12 (4) recreational anglers, hunters, and sporting 

13 organizations provide direct assistance to fish and 

14 wildlife managers and enforcement officers of the Fed15 eral Government as well as State and local govern16 ments by investing volunteer time and effort to fish 

17 and wildlife conservation; 

18 (5) recreational anglers, hunters, and the associ19 ated industries have generated billions of dollars of 

20 critical funding for fish and wildlife conservation, re21 search, and management by providing revenues from 

22 purchases of fishing and hunting licenses, permits, 

23 and stamps, as well as excise taxes on fishing, hunt24 ing, and recreational shooting equipment that have 

25 generated billions of dollars of critical funding for 
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1 fish and wildlife conservation, research, and manage2 ment; 

3 (6) recreational shooting is also an important 

4 and traditional activity in which millions of Ameri5 cans participate; 

6 (7) safe recreational shooting is a valid use of 

7 Federal lands, including the establishment of safe and 

8 convenient recreational shooting ranges on such lands, 

9 and participation in recreational shooting helps re10 cruit and retain hunters and contributes to wildlife 

11 conservation; 

12 (8) opportunities to recreationally fish, hunt, 

13 and shoot are declining, which depresses participation 

14 in these traditional activities, and depressed partici15 pation adversely impacts fish and wildlife conserva16 tion and funding for important conservation efforts; 

17 and 

18 (9) the public interest would be served, and our 

19 citizens’ fish and wildlife resources benefitted, by ac20 tion to ensure that opportunities are facilitated to en21 gage in fishing and hunting on Federal land as recog22 nized by Executive Order No. 12962, relating to rec23 reational fisheries, and Executive Order No. 13443, 

24 relating to facilitation of hunting heritage and wild25 life conservation. 
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1 SEC. 2063. FISHING, HUNTING, AND RECREATIONAL SHOOT2 ING. 

3 (a) DEFINITIONS.—In this section: 

4 (1) FEDERAL LAND.—The term ‘‘Federal land’’ 

5 means any land or water that is owned by the United 

6 States and under the administrative jurisdiction of 

7 the Bureau of Land Management or the Forest Serv8 ice. 

9 (2) FEDERAL LAND MANAGEMENT OFFICIALS.— 

10 The term ‘‘Federal land management officials’’ 

11 means— 

12 (A) the Secretary of the Interior and Direc13 tor of the Bureau of Land Management regard14 ing Bureau of Land Management lands and in15 terests in lands under the administrative juris16 diction of the Bureau of Land Management; and 

17 (B) the Secretary of Agriculture and Chief 

18 of the Forest Service regarding National Forest 

19 System lands. 

20 (3) HUNTING.— 

21 (A) IN GENERAL.—Except as provided in 

22 subparagraph (B), the term ‘‘hunting’’ means 

23 use of a firearm, bow, or other authorized means 

24 in the lawful— 

25 (i) pursuit, shooting, capture, collec26 tion, trapping, or killing of wildlife; 
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1 (ii) attempt to pursue, shoot, capture, 

2 collect, trap, or kill wildlife; or 

3 (iii) the training of hunting dogs, in4 cluding field trials. 

5 (B) EXCLUSION.—The term ‘‘hunting’’ does 

6 not include the use of skilled volunteers to cull 

7 excess animals (as defined by other Federal law). 

8 (4) RECREATIONAL FISHING.—The term ‘‘rec9 reational fishing’’ means the lawful— 

10 (A) pursuit, capture, collection, or killing of 

11 fish; or 

12 (B) attempt to capture, collect, or kill fish. 

13 (5) RECREATIONAL SHOOTING.—The term ‘‘rec14 reational shooting’’ means any form of sport, train15 ing, competition, or pastime, whether formal or infor16 mal, that involves the discharge of a rifle, handgun, 

17 or shotgun, or the use of a bow and arrow. 

18 (b) IN GENERAL.—Subject to valid existing rights and 

19 subsection (e), and cooperation with the respective State fish 

20 and wildlife agency, Federal land management officials 

21 shall exercise authority under existing law, including provi22 sions regarding land use planning, to facilitate use of and 

23 access to Federal lands, including National Monuments, 

24 Wilderness Areas, Wilderness Study Areas, and lands ad25 ministratively classified as wilderness eligible or suitable 
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1 and primitive or semi-primitive areas, for fishing, hunting, 

2 and recreational shooting, except as limited by— 

3 (1) statutory authority that authorizes action or 

4 withholding action for reasons of national security, 

5 public safety, or resource conservation; 

6 (2) any other Federal statute that specifically 

7 precludes fishing, hunting, or recreational shooting on 

8 specific Federal lands, waters, or units thereof; and 

9 (3) discretionary limitations on fishing, hunting, 

10 and recreational shooting determined to be necessary 

11 and reasonable as supported by the best scientific evi12 dence and advanced through a transparent public 

13 process. 

14 (c) MANAGEMENT.—Consistent with subsection (a), 

15 Federal land management officials shall exercise their land 

16 management discretion— 

17 (1) in a manner that supports and facilitates 

18 fishing, hunting, and recreational shooting opportuni19 ties; 

20 (2) to the extent authorized under applicable 

21 State law; and 

22 (3) in accordance with applicable Federal law. 

23 (d) PLANNING.— 

24 (1) EVALUATION OF EFFECTS ON OPPORTUNITIES

25 TO ENGAGE IN FISHING, HUNTING, OR RECREATIONAL
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1 SHOOTING.—Planning documents that apply to Fed2 eral lands, including land resources management 

3 plans, resource management plans, travel manage4 ment plans, and general management plans shall in5 clude a specific evaluation of the effects of such plans 

6 on opportunities to engage in fishing, hunting, or rec7 reational shooting. 

8 (2) STRATEGIC GROWTH POLICY FOR THE NA9 TIONAL WILDLIFE REFUGE SYSTEM.—Section 4(a)(3) 

10 of the National Wildlife Refuge System Administra11 tion Act of 1966 (16 U.S.C. 668dd(a)(3)) is amend12 ed— 

13 (A) by redesignating subparagraphs (C) 

14 and (D) as subparagraphs (D) and (E), respec15 tively; and 

16 (B) by inserting after subparagraph (B), 

17 the following: 

18 ‘‘(C) the Secretary shall integrate wildlife-de19 pendent recreational uses in accordance with their 

20 status as priority general public uses into proposed or 

21 existing regulations, policies, criteria, plans, or other 

22 activities to alter or amend the manner in which in23 dividual refuges or the National Wildlife Refuge Sys24 tem (System) are managed, including, but not limited 
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1 to, any activities which target or prioritize criteria 

2 for long and short term System acquisitions;’’. 

3 (3) NO MAJOR FEDERAL ACTION.—No action 

4 taken under this subtitle, or under section 4 of the 

5 National Wildlife Refuge System Administration Act 

6 of 1966 (16 U.S.C. 668dd), either individually or cu7 mulatively with other actions involving Federal lands 

8 or lands managed by the United States Fish and 

9 Wildlife Service, shall be considered to be a major 

10 Federal action significantly affecting the quality of 

11 the human environment, and no additional identi12 fication, analysis, or consideration of environmental 

13 effects, including cumulative effects, is necessary or 

14 required. 

15 (4) OTHER ACTIVITY NOT CONSIDERED.—Federal 

16 land management officials are not required to con17 sider the existence or availability of fishing, hunting, 

18 or recreational shooting opportunities on adjacent or 

19 nearby public or private lands in the planning for or 

20 determination of which Federal lands are open for 

21 these activities or in the setting of levels of use for 

22 these activities on Federal lands, unless the combina23 tion or coordination of such opportunities would en24 hance the fishing, hunting, or recreational shooting 

25 opportunities available to the public. 
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1 (e) FEDERAL LANDS.— 

2 (1) LANDS OPEN.—Lands under the jurisdiction 

3 of the Bureau of Land Management and the Forest 

4 Service, including Wilderness Areas, Wilderness 

5 Study Areas, lands designated as wilderness or ad6 ministratively classified as wilderness eligible or suit7 able and primitive or semi-primitive areas and Na8 tional Monuments, but excluding lands on the Outer 

9 Continental Shelf, shall be open to fishing, hunting, 

10 and recreational shooting unless the managing Fed11 eral agency acts to close lands to such activity. Lands 

12 may be subject to closures or restrictions if deter13 mined by the head of the agency to be necessary and 

14 reasonable and supported by facts and evidence, for 

15 purposes including resource conservation, public safe16 ty, energy or mineral production, energy generation 

17 or transmission infrastructure, water supply facili18 ties, protection of other permittees, protection of pri19 vate property rights or interest, national security, or 

20 compliance with other law. 

21 (2) RECREATIONAL SHOOTING RANGES.— 

22 (A) IN GENERAL.—The head of each Federal 

23 agency shall use his or her authorities in a man24 ner consistent with this Act and other applicable 

25 law, to— 
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1 (i) lease or permit use of lands under 

2 the jurisdiction of the agency for rec3 reational shooting ranges; and 

4 (ii) designate specific lands under the 

5 jurisdiction of the agency for recreational 

6 shooting activities. 

7 (B) LIMITATION ON LIABILITY.—Any des8 ignation under subparagraph (A)(ii) shall not 

9 subject the United States to any civil action or 

10 claim for monetary damages for injury or loss of 

11 property or personal injury or death caused by 

12 any activity occurring at or on such designated 

13 lands. 

14 (f) NECESSITY IN WILDERNESS AREAS AND ‘‘WITHIN

15 AND SUPPLEMENTAL TO’’ WILDERNESS PURPOSES.— 

16 (1) MINIMUM REQUIREMENTS FOR ADMINISTRA17 TION.—The provision of opportunities for fishing, 

18 hunting, and recreational shooting, and the conserva19 tion of fish and wildlife to provide sustainable use 

20 recreational opportunities on designated Federal wil21 derness areas shall constitute measures necessary to 

22 meet the minimum requirements for the administra23 tion of the wilderness area, provided that this deter24 mination shall not authorize or facilitate commodity 

25 development, use, or extraction, motorized rec-
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1 reational access or use that is not otherwise allowed 

2 under the Wilderness Act (16 U.S.C. 1131 et seq.), or 

3 permanent road construction or maintenance within 

4 designated wilderness areas. 

5 (2) APPLICATION OF WILDERNESS ACT.—Provi6 sions of the Wilderness Act (16 U.S.C. 1131 et seq.), 

7 stipulating that wilderness purposes are ‘‘within and 

8 supplemental to’’ the purposes of the underlying Fed9 eral land unit are reaffirmed. When seeking to carry 

10 out fish and wildlife conservation programs and 

11 projects or provide fish and wildlife dependent recre12 ation opportunities on designated wilderness areas, 

13 each Federal land management official shall imple14 ment these supplemental purposes so as to facilitate, 

15 enhance, or both, but not to impede the underlying 

16 Federal land purposes when seeking to carry out fish 

17 and wildlife conservation programs and projects or 

18 provide fish and wildlife dependent recreation oppor19 tunities in designated wilderness areas, provided that 

20 such implementation shall not authorize or facilitate 

21 commodity development, use or extraction, or perma22 nent road construction or maintenance within des23 ignated wilderness areas. 

24 (g) NO PRIORITY.—Nothing in this section requires a 

25 Federal land management official to give preference to fish-
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1 ing, hunting, or recreational shooting over other uses of 

2 Federal land or over land or water management priorities 

3 established by Federal law. 

4 (h) CONSULTATION WITH COUNCILS.—In fulfilling the 

5 duties under this section, Federal land management offi6 cials shall consult with respective advisory councils as es7 tablished in Executive Order Nos. 12962 and 13443. 

8 (i) AUTHORITY OF THE STATES.—Nothing in this sec9 tion shall be construed as interfering with, diminishing, or 

10 conflicting with the authority, jurisdiction, or responsi11 bility of any State to exercise primary management, con12 trol, or regulation of fish and wildlife under State law (in13 cluding regulations) on land or water within the State, in14 cluding on Federal land. 

15 (j) FEDERAL LICENSES.—Nothing in this section shall 

16 be construed to authorize a Federal land management offi17 cial to require a license, fee, or permit to fish, hunt, or trap 

18 on land or water in a State, including on Federal land 

19 in the States, except that this subsection shall not affect the 

20 Migratory Bird Stamp requirement set forth in the Migra21 tory Bird Hunting and Conservation Stamp Act (16 U.S.C. 

22 718 et seq.). 

23 SEC. 2064. VOLUNTEER HUNTERS; REPORTS; CLOSURES 

24 AND RESTRICTIONS. 

25 (a) DEFINITIONS.—For the purposes of this section: 
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1 (1) PUBLIC LAND.—The term ‘‘public land’’ 

2 means— 

3 (A) units of the National Park System; 

4 (B) National Forest System lands; and 

5 (C) land and interests in land owned by the 

6 United States and under the administrative ju7 risdiction of— 

8 (i) the Fish and Wildlife Service; or 

9 (ii) the Bureau of Land Management. 

10 (2) SECRETARY.—The term ‘‘Secretary’’ 

11 means— 

12 (A) the Secretary of the Interior and in13 cludes the Director of the National Park Service, 

14 with regard to units of the National Park Sys15 tem; 

16 (B) the Secretary of the Interior and in17 cludes the Director of the Fish and Wildlife Serv18 ice, with regard to Fish and Wildlife Service 

19 lands and waters; 

20 (C) the Secretary of the Interior and in21 cludes the Director of the Bureau of Land Man22 agement, with regard to Bureau of Land Man23 agement lands and waters; and 
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1 (D) the Secretary of Agriculture and in2 cludes the Chief of the Forest Service, with re3 gard to National Forest System lands. 

4 (3) VOLUNTEER FROM THE HUNTING COMMU5 NITY.—The term ‘‘volunteer from the hunting commu6 nity’’ means a volunteer who holds a valid hunting 

7 license issued by a State. 

8 (b) VOLUNTEER HUNTERS.—When planning wildlife 

9 management involving reducing the size of a wildlife popu10 lation on public land, the Secretary shall consider the use 

11 of and may use volunteers from the hunting community as 

12 agents to assist in carrying out wildlife management on 

13 public land. The Secretary shall not reject the use of volun14 teers from the hunting community as agents without the 

15 concurrence of the appropriate State wildlife management 

16 authorities. 

17 (c) REPORT.—Beginning on the second October 1 after 

18 the date of the enactment of this Act and biennially on Octo19 ber 1 thereafter, the Secretary shall submit to the Committee 

20 on Natural Resources of the House of Representatives and 

21 the Committee on Energy and Natural Resources of the Sen22 ate a report that describes— 

23 (1) any public land administered by the Sec24 retary that was closed to fishing, hunting, and rec-
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1 reational shooting at any time during the preceding 

2 year; and 

3 (2) the reason for the closure. 

4 (d) CLOSURES OR SIGNIFICANT RESTRICTIONS.— 

5 (1) IN GENERAL.—Other than closures estab6 lished or prescribed by land planning actions referred 

7 to in section 2064(e) or emergency closures described 

8 in paragraph (2), a permanent or temporary with9 drawal, change of classification, or change of manage10 ment status of public land that effectively closes or 

11 significantly restricts any acreage of public land to 

12 access or use for fishing, hunting, recreational shoot13 ing, or activities related to fishing, hunting, or rec14 reational shooting, or a combination of those activi15 ties, shall take effect only if, before the date of with16 drawal or change, the Secretary— 

17 (A) publishes appropriate notice of the 

18 withdrawal or change, respectively; 

19 (B) demonstrates that coordination has oc20 curred with a State fish and wildlife agency; 

21 and 

22 (C) submits to the Committee on Natural 

23 Resources of the House of Representatives and 

24 the Committee on Energy and Natural Resources 
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1 of the Senate written notice of the withdrawal or 

2 change, respectively. 

3 (2) EMERGENCY CLOSURES.—Nothing in this 

4 Act prohibits the Secretary from establishing or im5 plementing emergency closures or restrictions of the 

6 smallest practicable area to provide for public safety, 

7 resource conservation, national security, or other pur8 poses authorized by law. Such an emergency closure 

9 shall terminate after a reasonable period of time un10 less converted to a permanent closure consistent with 

11 this Act. 

12 Subtitle G—Farmer and Hunter 

13 Protection Act 

14 SEC. 2071. SHORT TITLE. 

15 This subtitle may be cited as the ‘‘Hunter and Farmer 

16 Protection Act’’. 

17 SEC. 2072. BAITING OF MIGRATORY GAME BIRDS. 

18 Section 3 of the Migratory Bird Treaty Act (16 U.S.C. 

19 704) is amended by striking subsection (b) and inserting 

20 the following: 

21 ‘‘(b) PROHIBITION OF BAITING.— 

22 ‘‘(1) DEFINITIONS.—In this subsection: 

23 ‘‘(A) BAITED AREA.— 

24 ‘‘(i) IN GENERAL.—The term ‘baited 

25 area’ means— 
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1 ‘‘(I) any area on which salt, 

2 grain, or other feed has been placed, 

3 exposed, deposited, distributed, or scat4 tered, if the salt, grain, or feed could 

5 lure or attract migratory game birds; 

6 and 

7 ‘‘(II) in the case of waterfowl, 

8 cranes (family Gruidae), and coots 

9 (family Rallidae), a standing, unhar10 vested crop that has been manipulated 

11 through activities such as mowing, 

12 discing, or rolling, unless the activities 

13 are normal agricultural practices. 

14 ‘‘(ii) EXCLUSIONS.—An area shall not 

15 be considered to be a ‘baited area’ if the 

16 area— 

17 ‘‘(I) has been treated with a nor18 mal agricultural practice; 

19 ‘‘(II) has standing crops that have 

20 not been manipulated; or 

21 ‘‘(III) has standing crops that 

22 have been or are flooded. 

23 ‘‘(B) BAITING.—The term ‘baiting’ means 

24 the direct or indirect placing, exposing, depos25 iting, distributing, or scattering of salt, grain, or 
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1 other feed that could lure or attract migratory 

2 game birds to, on, or over any areas on which 

3 a hunter is attempting to take migratory game 

4 birds. 

5 ‘‘(C) MIGRATORY GAME BIRD.—The term 

6 ‘migratory game bird’ means migratory bird 

7 species— 

8 ‘‘(i) that are within the taxonomic 

9 families of Anatidae, Columbidae, Gruidae, 

10 Rallidae, and Scolopacidae; and 

11 ‘‘(ii) for which open seasons are pre12 scribed by the Secretary of the Interior. 

13 ‘‘(D) NORMAL AGRICULTURAL PRACTICE.— 

14 ‘‘(i) IN GENERAL.—The term ‘normal 

15 agricultural practice’ means any practice 

16 in 1 annual growing season that— 

17 ‘‘(I) is carried out in order to 

18 produce a marketable crop, including 

19 planting, harvest, postharvest, or soil 

20 conservation practices; and 

21 ‘‘(II) is recommended for the suc22 cessful harvest of a given crop by the 

23 applicable State office of the Coopera24 tive Extension System of the Depart25 ment of Agriculture, in consultation 
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1 with, and if requested, the concurrence 

2 of, the head of the applicable State de3 partment of fish and wildlife. 

4 ‘‘(ii) INCLUSIONS.— 

5 ‘‘(I) IN GENERAL.—Subject to 

6 subclause (II), the term ‘normal agri7 cultural practice’ includes the destruc8 tion of a crop in accordance with prac9 tices required by the Federal Crop In10 surance Corporation for agricultural 

11 producers to obtain crop insurance 

12 under the Federal Crop Insurance Act 

13 (7 U.S.C. 1501 et seq.) on land on 

14 which a crop during the current or im15 mediately preceding crop year was not 

16 harvestable due to a natural disaster 

17 (including any hurricane, storm, tor18 nado, flood, high water, wind-driven 

19 water, tidal wave, tsunami, earth20 quake, volcanic eruption, landslide, 

21 mudslide, drought, fire, snowstorm, or 

22 other catastrophe that is declared a 

23 major disaster by the President in ac24 cordance with section 401 of the Robert 

25 T. Stafford Disaster Relief and Emer-
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1 gency Assistance Act (42 U.S.C. 

2 5170)). 

3 ‘‘(II) LIMITATIONS.—The term 

4 ‘normal agricultural practice’ only in5 cludes a crop described in subclause (I) 

6 that has been destroyed or manipulated 

7 through activities that include (but are 

8 not limited to) mowing, discing, or 

9 rolling if the Federal Crop Insurance 

10 Corporation certifies that flooding was 

11 not an acceptable method of destruction 

12 to obtain crop insurance under the 

13 Federal Crop Insurance Act (7 U.S.C. 

14 1501 et seq.). 

15 ‘‘(E) WATERFOWL.—The term ‘waterfowl’ 

16 means native species of the family Anatidae. 

17 ‘‘(2) PROHIBITION.—It shall be unlawful for any 

18 person— 

19 ‘‘(A) to take any migratory game bird by 

20 baiting or on or over any baited area, if the per21 son knows or reasonably should know that the 

22 area is a baited area; or 

23 ‘‘(B) to place or direct the placement of bait 

24 on or adjacent to an area for the purpose of 

25 causing, inducing, or allowing any person to 
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1 take or attempt to take any migratory game bird 

2 by baiting or on or over the baited area. 

3 ‘‘(3) REGULATIONS.—The Secretary of the Inte4 rior may promulgate regulations to implement this 

5 subsection. 

6 ‘‘(4) REPORTS.—Annually, the Secretary of Ag7 riculture shall submit to the Secretary of the Interior 

8 a report that describes any changes to normal agri9 cultural practices across the range of crops grown by 

10 agricultural producers in each region of the United 

11 States in which the recommendations are provided to 

12 agricultural producers.’’. 

13 Subtitle H—Transporting Bows 

14 Across National Park Service 

15 Lands 

16 SEC. 2081. SHORT TITLE. 

17 This subtitle may be cited as the ‘‘Hunter Access Cor18 ridors Act’’. 

19 SEC. 2082. BOWHUNTING OPPORTUNITY AND WILDLIFE 

20 STEWARDSHIP. 

21 (a) IN GENERAL.—Subchapter II of chapter 1015 of 

22 title 54, United States Code, is amended by adding at the 

23 end the following: 

24 ‘‘§ 101513. Hunter access corridors 

25 ‘‘(a) DEFINITIONS.—In this section: 
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1 ‘‘(1) NOT READY FOR IMMEDIATE USE.—The 

2 term ‘not ready for immediate use’ means— 

3 ‘‘(A) a bow or crossbow, the arrows of which 

4 are secured or stowed in a quiver or other arrow 

5 transport case; and 

6 ‘‘(B) with respect to a crossbow, uncocked. 

7 ‘‘(2) VALID HUNTING LICENSE.—The term ‘valid 

8 hunting license’ means a State-issued hunting license 

9 that authorizes an individual to hunt on private or 

10 public land adjacent to the System unit in which the 

11 individual is located while in possession of a bow or 

12 crossbow that is not ready for immediate use. 

13 ‘‘(b) TRANSPORTATION AUTHORIZED.— 

14 ‘‘(1) IN GENERAL.—The Director shall not re15 quire a permit for, or promulgate or enforce any reg16 ulation that prohibits an individual from trans17 porting bows and crossbows that are not ready for 

18 immediate use across any System unit if— 

19 ‘‘(A) in the case of an individual traversing 

20 the System unit on foot— 

21 ‘‘(i) the individual is not otherwise 

22 prohibited by law from possessing the bows 

23 and crossbows; 

24 ‘‘(ii) the bows or crossbows are not 

25 ready for immediate use throughout the pe-
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1 riod during which the bows or crossbows are 

2 transported across the System unit; 

3 ‘‘(iii) the possession of the bows and 

4 crossbows is in compliance with the law of 

5 the State in which the System unit is lo6 cated; and 

7 ‘‘(iv)(I) the individual possesses a 

8 valid hunting license; 

9 ‘‘(II) the individual is traversing the 

10 System unit en route to a hunting access 

11 corridor established under subsection (c)(1); 

12 or 

13 ‘‘(III) the individual is traversing the 

14 System unit in compliance with any other 

15 applicable regulations or policies; or 

16 ‘‘(B) the bows or crossbows are not ready 

17 for immediate use and remain inside a vehicle. 

18 ‘‘(2) ENFORCEMENT.—Nothing in this subsection 

19 limits the authority of the Director to enforce laws 

20 (including regulations) prohibiting hunting or the 

21 taking of wildlife in any System unit. 

22 ‘‘(c) ESTABLISHMENT OF HUNTER ACCESS COR23 RIDORS.— 

24 ‘‘(1) IN GENERAL.—On a determination by the 

25 Director under paragraph (2), the Director may es-
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1 tablish and publish (in accordance with section 1.5 of 

2 title 36, Code of Federal Regulations (or a successor 

3 regulation)), on a publicly available map, hunter ac4 cess corridors across System units that are used to ac5 cess public land that is— 

6 ‘‘(A) contiguous to a System unit; and 

7 ‘‘(B) open to hunting. 

8 ‘‘(2) DETERMINATION BY DIRECTOR.—The deter9 mination referred to in paragraph (1) is a deter10 mination that the hunter access corridor would pro11 vide wildlife management or visitor experience bene12 fits within the boundary of the System unit in which 

13 the hunter access corridor is located. 

14 ‘‘(3) HUNTING SEASON.—The hunter access cor15 ridors shall be open for use during hunting seasons. 

16 ‘‘(4) EXCEPTION.—The Director may establish 

17 limited periods during which access through the hun18 ter access corridors is closed for reasons of public safe19 ty, administration, or compliance with applicable 

20 law. Such closures shall be clearly marked with signs 

21 and dates of closures, and shall not include gates, 

22 chains, walls, or other barriers on the hunter access 

23 corridor. 

24 ‘‘(5) IDENTIFICATION OF CORRIDORS.—The Di25 rector shall— 
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1 ‘‘(A) make information regarding hunter 

2 access corridors available on the individual 

3 website of the applicable System unit; and 

4 ‘‘(B) provide information regarding any 

5 processes established by the Director for trans6 porting legally taken game through individual 

7 hunter access corridors. 

8 ‘‘(6) REGISTRATION; TRANSPORTATION OF

9 GAME.—The Director may— 

10 ‘‘(A) provide registration boxes to be located 

11 at the trailhead of each hunter access corridor for 

12 self-registration; 

13 ‘‘(B) provide a process for online self-reg14 istration; and 

15 ‘‘(C) allow nonmotorized conveyances to 

16 transport legally taken game through a hunter 

17 access corridor established under this subsection, 

18 including game carts and sleds. 

19 ‘‘(7) CONSULTATION WITH STATES.—The Direc20 tor shall consult with each applicable State wildlife 

21 agency to identify appropriate hunter access cor22 ridors. 

23 ‘‘(d) EFFECT.—Nothing in this section— 

24 ‘‘(1) diminishes, enlarges, or modifies any Fed25 eral or State authority with respect to recreational 
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1 hunting, recreational shooting, or any other rec2 reational activities within the boundaries of a System 

3 unit; or 

4 ‘‘(2) authorizes— 

5 ‘‘(A) the establishment of new trails in Sys6 tem units; or 

7 ‘‘(B) authorizes individuals to access areas 

8 in System units, on foot or otherwise, that are 

9 not open to such access. 

10 ‘‘(e) NO MAJOR FEDERAL ACTION.— 

11 ‘‘(1) IN GENERAL.—Any action taken under this 

12 section shall not be considered a major Federal action 

13 significantly affecting the quality of the human envi14 ronment under the National Environmental Policy 

15 Act of 1969 (42 U.S.C. 4321 et seq.). 

16 ‘‘(2) NO ADDITIONAL ACTION REQUIRED.—No 

17 additional identification, analyses, or consideration 

18 of environmental effects (including cumulative envi19 ronmental effects) is necessary or required with re20 spect to an action taken under this section.’’. 

21 (b) CLERICAL AMENDMENT.—The table of sections for 

22 title 54, United States Code, is amended by inserting after 

23 the item relating to section 101512 the following: 

‘‘101513. Hunter access corridors.’’. 
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1 Subtitle I—Federal Land Trans2 action Facilitation Act Reau3 thorization (FLTFA) 

4 SEC. 2091. SHORT TITLE. 

5 This subtitle may be cited as the ‘‘Federal Land Trans6 action Facilitation Act Reauthorization’’. 

7 SEC. 2092. FEDERAL LAND TRANSACTION FACILITATION 

8 ACT. 

9 The Federal Land Transaction Facilitation Act is 

10 amended— 

11 (1) in section 203(1) (43 U.S.C. 2302(1)), by 

12 striking ‘‘cultural, or’’ and inserting ‘‘cultural, rec13 reational access and use, or other’’; 

14 (2) in section 203(2) in the matter preceding 

15 subparagraph (A), by striking ‘‘on the date of enact16 ment of this Act was’’ and inserting ‘‘is’’; 

17 (3) in section 205 (43 U.S.C. 2304)— 

18 (A) in subsection (a), by striking ‘‘section 

19 206’’ and all that follows through the period and 

20 inserting the following: ‘‘section 206— 

21 ‘‘(1) to complete appraisals and satisfy other 

22 legal requirements for the sale or exchange of public 

23 land identified for disposal under approved land use 

24 plans under section 202 of the Federal Land Policy 

25 and Management Act of 1976 (43 U.S.C. 1712); 
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1 ‘‘(2) not later than 180 days after the date of the 

2 enactment of the Federal Land Transaction Facilita3 tion Act Reauthorization, to establish and make 

4 available to the public, on the website of the Depart5 ment of the Interior, a database containing a com6 prehensive list of all the land referred to in para7 graph (1); and 

8 ‘‘(3) to maintain the database referred to in 

9 paragraph (2).’’; and 

10 (B) in subsection (d), by striking ‘‘11’’ and 

11 inserting ‘‘22’’; 

12 (4) by amending section 206(c)(1) (43 U.S.C. 

13 2305(c)(1)) to read as follows: 

14 ‘‘(1) USE OF FUNDS.— 

15 ‘‘(A) IN GENERAL.—Funds in the Federal 

16 Land Disposal Account shall be expended, subject 

17 to appropriation, in accordance with this sub18 section. 

19 ‘‘(B) PURPOSES.—Except as authorized 

20 under paragraph (2), funds in the Federal Land 

21 Disposal Account shall be used for one or more 

22 of the following purposes: 

23 ‘‘(i) To purchase lands or interests 

24 therein that are otherwise authorized by law 
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1 to be acquired and are one or more of the 

2 following: 

3 ‘‘(I) Inholdings. 

4 ‘‘(II) Adjacent to federally des5 ignated areas and contain exceptional 

6 resources. 

7 ‘‘(III) Provide opportunities for 

8 hunting, recreational fishing, rec9 reational shooting, and other rec10 reational activities. 

11 ‘‘(IV) Likely to aid in the per12 formance of deferred maintenance or 

13 the reduction of operation and mainte14 nance costs or other deferred costs. 

15 ‘‘(ii) To perform deferred maintenance 

16 or other maintenance activities that en17 hance opportunities for recreational ac18 cess.’’; 

19 (5) in section 206(c)(2) (43 U.S.C. 2305(c)(2))— 

20 (A) by striking subparagraph (A); 

21 (B) by redesignating subparagraphs (B), 

22 (C), and (D) as subparagraphs (A), (B), and 

23 (C), respectively; 

24 (C) in subparagraph (C) (as so redesignated 

25 by this paragraph)— 
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1 (i) by striking ‘‘PURCHASES’’ and in2 serting ‘‘LAND PURCHASES AND PERFORM3 ANCE OF DEFERRED MAINTENANCE ACTIVI4 TIES’’; 

5 (ii) by striking ‘‘subparagraph (C)’’ 

6 and inserting ‘‘subparagraph (B)’’; and 

7 (iii) by inserting ‘‘for the activities 

8 outlined in paragraph (2)’’ after ‘‘gen9 erated’’; and 

10 (D) by adding at the end the following: 

11 ‘‘(D) Any funds made available under sub12 paragraph (C) that are not obligated or ex13 pended by the end of the fourth full fiscal year 

14 after the date of the sale or exchange of land that 

15 generated the funds may be expended in any 

16 State.’’; 

17 (6) in section 206(c)(3) (43 U.S.C. 2305(c)(3))— 

18 (A) by inserting after subparagraph (A) the 

19 following: 

20 ‘‘(B) the extent to which the acquisition of 

21 the land or interest therein will increase the pub22 lic availability of resources for, and facilitate 

23 public access to, hunting, fishing, and other rec24 reational activities;’’; and 
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1 (B) by redesignating subparagraphs (B) 

2 and (C) as subparagraphs (C) and (D); 

3 (7) in section 206(f) (43 U.S.C. 2305(f)), by 

4 amending paragraph (2) to read as follows: 

5 ‘‘(2) any remaining balance in the account shall 

6 be deposited in the Treasury and used for deficit re7 duction, except that in the case of a fiscal year for 

8 which there is no Federal budget deficit, such 

9 amounts shall be used to reduce the Federal debt (in 

10 such manner as the Secretary of the Treasury con11 siders appropriate).’’; and 

12 (8) in section 207(b) (43 U.S.C. 2306(b))— 

13 (A) in paragraph (1)— 

14 (i) by striking ‘‘96–568’’ and inserting 

15 ‘‘96–586’’; and 

16 (ii) by striking ‘‘; or’’ and inserting a 

17 semicolon; 

18 (B) in paragraph (2)— 

19 (i) by inserting ‘‘Public Law 105– 

20 263;’’ before ‘‘112 Stat.’’; and 

21 (ii) by striking the period at the end 

22 and inserting a semicolon; and 

23 (C) by adding at the end the following: 
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1 ‘‘(3) the White Pine County Conservation, Recre2 ation, and Development Act of 2006 (Public Law 

3 109–432; 120 Stat. 3028); 

4 ‘‘(4) the Lincoln County Conservation, Recre5 ation, and Development Act of 2004 (Public Law 

6 108–424; 118 Stat. 2403); 

7 ‘‘(5) subtitle F of title I of the Omnibus Public 

8 Land Management Act of 2009 (16 U.S.C. 1132 note; 

9 Public Law 111–11); 

10 ‘‘(6) subtitle O of title I of the Omnibus Public 

11 Land Management Act of 2009 (16 U.S.C. 460www 

12 note, 1132 note; Public Law 111–11); 

13 ‘‘(7) section 2601 of the Omnibus Public Land 

14 Management Act of 2009 (Public Law 111–11; 123 

15 Stat. 1108); or 

16 ‘‘(8) section 2606 of the Omnibus Public Land 

17 Management Act of 2009 (Public Law 111–11; 123 

18 Stat. 1121).’’. 

19 Subtitle J—African Elephant Con20 servation and Legal Ivory Pos21 session Act 

22 SEC. 2101. SHORT TITLE. 

23 This subtitle may be cited as the ‘‘African Elephant 

24 Conservation and Legal Ivory Possession Act’’. 
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1 SEC. 2102. REFERENCES. 

2 Except as otherwise specifically provided, whenever in 

3 this subtitle an amendment or repeal is expressed in terms 

4 of an amendment to, or repeal of, a provision, the reference 

5 shall be considered to be made to a provision of the African 

6 Elephant Conservation Act (16 U.S.C. 4201 et seq.). 

7 SEC. 2103. PLACEMENT OF UNITED STATES FISH AND WILD8 LIFE SERVICE LAW ENFORCEMENT OFFICERS 

9 IN EACH AFRICAN ELEPHANT RANGE COUN10 TRY. 

11 Part I (16 U.S.C. 4211 et seq.) is amended by adding 

12 at the end the following: 

13 ‘‘SEC. 2105. PLACEMENT OF UNITED STATES FISH AND 

14 WILDLIFE SERVICE LAW ENFORCEMENT OFFI15 CERS IN EACH AFRICAN ELEPHANT RANGE 

16 COUNTRY. 

17 ‘‘The Secretary, in coordination with the Secretary of 

18 State, may station United States Fish and Wildlife Service 

19 law enforcement officers in the primary United States dip20 lomatic or consular post in each African country that has 

21 a significant population of African elephants, who shall as22 sist local wildlife rangers in the protection of African ele23 phants and facilitate the apprehension of individuals who 

24 illegally kill, or assist the illegal killing of, African ele25 phants.’’. 
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1 SEC. 2104. TREATMENT OF ELEPHANT IVORY. 

2 Section 2203 (16 U.S.C. 4223) is further amended by 

3 adding at the end the following: 

4 ‘‘(c) TREATMENT OF ELEPHANT IVORY.—Nothing in 

5 this Act or the Endangered Species Act of 1973 (16 U.S.C. 

6 1538) shall be construed— 

7 ‘‘(1) to prohibit, or to authorize prohibiting, the 

8 possession, sale, delivery, receipt, shipment, or trans9 portation of African elephant ivory, or any product 

10 containing African elephant ivory, that is in the 

11 United States because it has been lawfully imported 

12 or crafted in the United States; or 

13 ‘‘(2) to authorize using any means of deter14 mining for purposes of this Act or the Endangered 

15 Species Act of 1973 whether African elephant ivory 

16 that is present in the United States has been lawfully 

17 imported, including any presumption or burden of 

18 proof applied in such determination, other than such 

19 means used by the Secretary as of February 24, 

20 2014.’’. 

21 SEC. 2105. AFRICAN ELEPHANT CONSERVATION ACT FINAN22 CIAL ASSISTANCE PRIORITY AND REAUTHOR23 IZATION. 

24 (a) FINANCIAL ASSISTANCE PRIORITY.—Section 2101 

25 (16 U.S.C. 4211) is amended by redesignating subsections 
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1 (e) and (f) as subsections (f) and (g), respectively, and by 

2 inserting after subsection (d) the following: 

3 ‘‘(e) PRIORITY.—In providing financial assistance 

4 under this section, the Secretary shall give priority to 

5 projects designed to facilitate the acquisition of equipment 

6 and training of wildlife officials in ivory producing coun7 tries to be used in anti-poaching efforts.’’. 

8 (b) REAUTHORIZATION.—Section 2306(a) (16 U.S.C. 

9 4245(a)) is amended by striking ‘‘2007 through 2012’’ and 

10 inserting ‘‘2016 through 2020’’. 

11 SEC. 2106. GOVERNMENT ACCOUNTABILITY OFFICE STUDY. 

12 Not later than 90 days after the date of the enactment 

13 of this Act, the Comptroller General of the United States 

14 shall conduct a study examining the effects of a ban of the 

15 trade in of fossilized ivory from mammoths and mastodons 

16 on the illegal importation and trade of African and Asian 

17 elephant ivory within the United States, with the exception 

18 of importation or trade thereof related to museum exhibi19 tions or scientific research, and report to Congress the find20 ings of such study. 
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1 Subtitle K—Respect for Treaties 

2 and Rights 

3 SEC. 2111. RESPECT FOR TREATIES AND RIGHTS. 

4 Nothing in this Act or the amendments made by this 

5 Act shall be construed to affect or modify any treaty or 

6 other right of any federally recognized Indian tribe. 

7 Subtitle L—State Approval of 

8 Fishing Restriction 

9 SEC. 2131. STATE OR TERRITORIAL APPROVAL OF RESTRIC10 TION OF RECREATIONAL OR COMMERCIAL 

11 FISHING ACCESS TO CERTAIN STATE OR TER12 RITORIAL WATERS. 

13 (a) APPROVAL REQUIRED.—The Secretary of the Inte14 rior and the Secretary of Commerce shall not restrict rec15 reational or commercial fishing access to any State or terri16 torial marine waters or Great Lakes waters within the ju17 risdiction of the National Park Service or the Office of Na18 tional Marine Sanctuaries, respectively, unless those restric19 tions are developed in coordination with, and approved by, 

20 the fish and wildlife management agency of the State or 

21 territory that has fisheries management authority over those 

22 waters. 

23 (b) DEFINITION.—In this section, the term ‘‘marine 

24 waters’’ includes coastal waters and estuaries. 
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1 Subtitle M—Hunting and Rec2 reational Fishing Within Cer3 tain National Forests 

4 SEC. 2141. DEFINITIONS. 

5 In this subtitle: 

6 (1) HUNTING.—The term ‘‘hunting’’ means use 

7 of a firearm, bow, or other authorized means in the 

8 lawful pursuit, shooting, capture, collection, trapping, 

9 or killing of wildlife; attempt to pursue, shoot, cap10 ture, collect, trap, or kill wildlife; or the training and 

11 use of hunting dogs, including field trials. 

12 (2) RECREATIONAL FISHING.—The term ‘‘rec13 reational fishing’’ means the lawful pursuit, capture, 

14 collection, or killing of fish; or attempt to capture, 

15 collect, or kill fish. 

16 (3) FOREST PLAN.—The term ‘‘forest plan’’ 

17 means a land and resource management plan pre18 pared by the Forest Service for a unit of the National 

19 Forest System pursuant to section 6 of the Forest and 

20 Rangeland Renewable Resources Planning Act of 

21 1974 (16 U.S.C. 1604). 

22 (4) NATIONAL FOREST SYSTEM.—The term ‘‘Na23 tional Forest System’’ has the meaning given that 

24 term in section 11(a) of the Forest and Rangeland 
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1 Renewable Resources Planning Act of 1974 (16 

2 U.S.C. 1609(a)) 

3 SEC. 2142. HUNTING AND RECREATIONAL FISHING WITHIN 

4 THE NATIONAL FOREST SYSTEM. 

5 (a) PROHIBITION OF RESTRICTIONS.—The Secretary 

6 of Agriculture or Chief of the Forest Service may not estab7 lish policies, directives, or regulations that restrict the type, 

8 season, or method of hunting or recreational fishing on 

9 lands within the National Forest System that are otherwise 

10 open to those activities and are consistent with the applica11 ble forest plan. 

12 (b) PRIOR RESTRICTIONS VOID.—Any restrictions im13 posed by the Secretary of Agriculture or Chief of the Forest 

14 Service regarding the type, season, or method of hunting 

15 or recreational fishing on lands within the National Forest 

16 System that are otherwise open to those activities in force 

17 on the date of the enactment of this Act shall be void and 

18 have no force or effect. 

19 (c) APPLICABILITY.—This section shall apply only to 

20 the Kisatchie National Forest in the State of Louisiana, 

21 the De Soto National Forest in the State of Mississippi, 

22 the Mark Twain National Forest in the State of Missouri, 

23 and the Ozark National Forest, the St. Francis National 

24 Forest and the Ouachita National Forest in the States of 

25 Arkansas and Oklahoma. 
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1 (d) STATE AUTHORITY.—Nothing in this section, sec2 tion 1 of the Act of June 4, 1897 (16 U.S.C. 551), or section 

3 32 of the Act of July 22, 1937 (7 U.S.C. 1011) shall affect 

4 the authority of States to manage hunting or recreational 

5 fishing on lands within the National Forest System. 

6 SEC. 2143. PUBLICATION OF CLOSURE OF ROADS IN FOR7 ESTS. 

8 The Chief of the Forest Service shall publish a notice 

9 in the Federal Register for the closure of any public road 

10 on Forest System lands, along with a justification for the 

11 closure. 

12 Subtitle N—Grand Canyon Bison 

13 Management Act 

14 SEC. 2151. SHORT TITLE. 

15 This subtitle may be cited as the ‘‘Grand Canyon 

16 Bison Management Act’’. 

17 SEC. 2152. DEFINITIONS. 

18 In this subtitle: 

19 (1) MANAGEMENT PLAN.—The term ‘‘manage20 ment plan’’ means the management plan published 

21 under section 2153(a). 

22 (2) PARK.—The term ‘‘Park’’ means the Grand 

23 Canyon National Park. 

24 (3) SECRETARY.—The term ‘‘Secretary’’ means 

25 the Secretary of the Interior. 
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1 (4) SKILLED PUBLIC VOLUNTEER.—The term 

2 ‘‘skilled public volunteer’’ means an individual who 

3 possesses— 

4 (A) a valid hunting license issued by the 

5 State of Arizona; and 

6 (B) such other qualifications as the Sec7 retary may require, after consultation with the 

8 Arizona Game and Fish Commission. 

9 SEC. 2153. BISON MANAGEMENT PLAN FOR GRAND CANYON 

10 NATIONAL PARK. 

11 (a) PUBLICATION OF PLAN.—Not later than 180 days 

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

13 publish a management plan to reduce, through humane le14 thal culling by skilled public volunteers and by other non15 lethal means, the population of bison in the Park that the 

16 Secretary determines are detrimental to the use of the Park. 

17 (b) REMOVAL OF ANIMAL.—Notwithstanding any other 

18 provision of law, a skilled public volunteer may remove a 

19 full bison harvested from the Park. 

20 (c) COORDINATION.—The Secretary shall coordinate 

21 with the Arizona Game and Fish Commission regarding the 

22 development and implementation of the management plan. 

23 (d) NEPA COMPLIANCE.—In developing the manage24 ment plan, the Secretary shall comply with all applicable 

25 Federal environmental laws (including regulations), in-
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1 cluding the National Environmental Policy Act of 1969 (42 

2 U.S.C. 4321 et seq.). 

3 (e) LIMITATION.—Nothing in this subtitle applies to 

4 the taking of wildlife in the Park for any purpose other 

5 than the implementation of the management plan. 

6 Subtitle O—Open Book on Equal 

7 Access to Justice 

8 SEC. 2161. SHORT TITLE. 

9 This subtitle may be cited as the ‘‘Open Book on Equal 

10 Access to Justice Act’’. 

11 SEC. 2162. MODIFICATION OF EQUAL ACCESS TO JUSTICE 

12 PROVISIONS. 

13 (a) AGENCY PROCEEDINGS.—Section 504 of title 5, 

14 United States Code, is amended— 

15 (1) in subsection (c)(1), by striking ‘‘, United 

16 States Code’’; 

17 (2) by redesignating subsection (f) as subsection 

18 (i); and 

19 (3) by striking subsection (e) and inserting the 

20 following: 

21 ‘‘(e)(1) The Chairman of the Administrative Con22 ference of the United States, after consultation with the 

23 Chief Counsel for Advocacy of the Small Business Adminis24 tration, shall report to the Congress, not later than March 

25 31 of each year through the 6th calendar year beginning 
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1 after the initial report under this subsection is submitted, 

2 on the amount of fees and other expenses awarded during 

3 the preceding fiscal year pursuant to this section. The re4 port shall describe the number, nature, and amount of the 

5 awards, the claims involved in the controversy, and any 

6 other relevant information that may aid the Congress in 

7 evaluating the scope and impact of such awards. The report 

8 shall be made available to the public online. 

9 ‘‘(2)(A) The report required by paragraph (1) shall ac10 count for all payments of fees and other expenses awarded 

11 under this section that are made pursuant to a settlement 

12 agreement, regardless of whether the settlement agreement 

13 is sealed or otherwise subject to nondisclosure provisions. 

14 ‘‘(B) The disclosure of fees and other expenses required 

15 under subparagraph (A) does not affect any other informa16 tion that is subject to nondisclosure provisions in the settle17 ment agreement. 

18 ‘‘(f) The Chairman of the Administrative Conference 

19 shall create and maintain, during the period beginning on 

20 the date the initial report under subsection (e) is submitted 

21 and ending one year after the date on which the final report 

22 under that subsection is submitted, online a searchable 

23 database containing the following information with respect 

24 to each award of fees and other expenses under this section: 
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1 ‘‘(1) The case name and number of the adversary 

2 adjudication, if available. 

3 ‘‘(2) The name of the agency involved in the ad4 versary adjudication. 

5 ‘‘(3) A description of the claims in the adversary 

6 adjudication. 

7 ‘‘(4) The name of each party to whom the award 

8 was made, as such party is identified in the order or 

9 other agency document making the award. 

10 ‘‘(5) The amount of the award. 

11 ‘‘(6) The basis for the finding that the position 

12 of the agency concerned was not substantially justi13 fied. 

14 ‘‘(g) The online searchable database described in sub15 section (f) may not reveal any information the disclosure 

16 of which is prohibited by law or court order. 

17 ‘‘(h) The head of each agency shall provide to the 

18 Chairman of the Administrative Conference in a timely 

19 manner all information requested by the Chairman to com20 ply with the requirements of subsections (e), (f), and (g).’’. 

21 (b) COURT CASES.—Section 2412(d) of title 28, United 

22 States Code, is amended by adding at the end the following: 

23 ‘‘(5)(A) The Chairman of the Administrative Con24 ference of the United States shall submit to the Congress, 

25 not later than March 31 of each year through the 6th cal-
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1 endar year beginning after the initial report under this 

2 paragraph is submitted, a report on the amount of fees and 

3 other expenses awarded during the preceding fiscal year 

4 pursuant to this subsection. The report shall describe the 

5 number, nature, and amount of the awards, the claims in6 volved in each controversy, and any other relevant informa7 tion that may aid the Congress in evaluating the scope and 

8 impact of such awards. The report shall be made available 

9 to the public online. 

10 ‘‘(B)(i) The report required by subparagraph (A) shall 

11 account for all payments of fees and other expenses awarded 

12 under this subsection that are made pursuant to a settle13 ment agreement, regardless of whether the settlement agree14 ment is sealed or otherwise subject to nondisclosure provi15 sions. 

16 ‘‘(ii) The disclosure of fees and other expenses required 

17 under clause (i) does not affect any other information that 

18 is subject to nondisclosure provisions in the settlement 

19 agreement. 

20 ‘‘(C) The Chairman of the Administrative Conference 

21 shall include and clearly identify in the annual report 

22 under subparagraph (A), for each case in which an award 

23 of fees and other expenses is included in the report— 

24 ‘‘(i) any amounts paid from section 1304 of title 

25 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) The Chairman of the Administrative Conference 

6 shall create and maintain, during the period beginning on 

7 the date the initial report under paragraph (5) is submitted 

8 and ending one year after the date on which the final report 

9 under that paragraph is submitted, online a searchable 

10 database containing the following information with respect 

11 to each award of fees and other expenses under this sub12 section: 

13 ‘‘(A) The case name and number. 

14 ‘‘(B) The name of the agency involved in the 

15 case. 

16 ‘‘(C) The name of each party to whom the award 

17 was made, as such party is identified in the order or 

18 other court document making the award. 

19 ‘‘(D) A description of the claims in the case. 

20 ‘‘(E) The amount of the award. 

21 ‘‘(F) The basis for the finding that the position 

22 of the agency concerned was not substantially justi23 fied. 
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1 ‘‘(7) The online searchable database described in para2 graph (6) may not reveal any information the disclosure 

3 of which is prohibited by law or court order. 

4 ‘‘(8) The head of each agency (including the Attorney 

5 General of the United States) shall provide to the Chairman 

6 of the Administrative Conference of the United States in 

7 a timely manner all information requested by the Chair8 man to comply with the requirements of paragraphs (5), 

9 (6), and (7).’’. 

10 (c) CLERICAL AMENDMENTS.—Section 2412 of title 28, 

11 United States Code, is amended— 

12 (1) in subsection (d)(3), by striking ‘‘United 

13 States Code,’’; and 

14 (2) in subsection (e)— 

15 (A) by striking ‘‘of section 2412 of title 28, 

16 United States Code,’’ and inserting ‘‘of this sec17 tion’’; and 

18 (B) by striking ‘‘of such title’’ and inserting 

19 ‘‘of this title’’. 

20 (d) EFFECTIVE DATE.— 

21 (1) IN GENERAL.—The amendments made by 

22 subsections (a) and (b) shall first apply with respect 

23 to awards of fees and other expenses that are made on 

24 or after the date of the enactment of this Act. 
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1 (2) INITIAL REPORTS.—The first reports required 

2 by section 504(e) of title 5, United States Code, and 

3 section 2412(d)(5) of title 28, United States Code, 

4 shall be submitted not later than March 31 of the cal5 endar year following the first calendar year in which 

6 a fiscal year begins after the date of the enactment of 

7 this Act. 

8 (3) ONLINE DATABASES.—The online databases 

9 required by section 504(f) of title 5, United States 

10 Code, and section 2412(d)(6) of title 28, United States 

11 Code, shall be established as soon as practicable after 

12 the date of the enactment of this Act, but in no case 

13 later than the date on which the first reports under 

14 section 504(e) of title 5, United States Code, and sec15 tion 2412(d)(5) of title 28, United States Code, are 

16 required to be submitted under paragraph (2) of this 

17 subsection. 

18 Subtitle P—Utility Terrain Vehicles 

19 SEC. 2171. UTILITY TERRAIN VEHICLES IN KISATCHIE NA20 TIONAL FOREST. 

21 (a) IN GENERAL.—The Forest Administrator shall 

22 amend the applicable travel plan to allow utility terrain 

23 vehicles access on all roads nominated by the Secretary of 

24 Louisiana Wildlife and Fisheries in the Kisatchie National 

25 Forest, except when such designation would pose an unac-
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1 ceptable safety risk, in which case the Forest Administrator 

2 shall publish a notice in the Federal Register with a jus3 tification for the closure. 

4 (b) UTILITY TERRAIN VEHICLES DEFINED.—For pur5 poses of this section, the term ‘‘utility terrain vehicle’’— 

6 (1) means any recreational motor vehicle de7 signed for and capable of travel over designated roads, 

8 traveling on four or more tires with a maximum tire 

9 width of 27 inches, a maximum wheel cleat or lug of 

3 10 ⁄4 of an inch, a minimum width of 50 inches but not 

11 exceeding 74 inches, a minimum weight of at least 

12 700 pounds but not exceeding 2,000 pounds, and a 

13 minimum wheelbase of 61 inches but not exceeding 

14 110 inches; 

15 (2) includes vehicles not equipped with a certifi16 cation label as required by part 567.4 of title 49, 

17 Code of Federal Regulations; and 

18 (3) does not include golf carts, vehicles specially 

19 designed to carry a disabled person, or vehicles other20 wise registered under section 32.299 of the Louisiana 

21 State statutes. 
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1 Subtitle Q—Good Samaritan 

2 Search and Recovery 

3 SEC. 2181. SHORT TITLE. 

4 This subtitle may be cited as the ‘‘Good Samaritan 

5 Search and Recovery Act’’. 

6 SEC. 2182. EXPEDITED ACCESS TO CERTAIN FEDERAL LAND. 

7 (a) DEFINITIONS.—In this section: 

8 (1) ELIGIBLE.—The term ‘‘eligible’’, with respect 

9 to an organization or individual, means that the or10 ganization 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-recov14 ery mission, have attained the age of majority 

15 under the law of the State where the mission 

16 takes place. 

17 (2) GOOD SAMARITAN SEARCH-AND-RECOVERY

18 MISSION.—The term ‘‘good Samaritan search-and-re19 covery mission’’ means a search conducted by an eli20 gible organization or individual for 1 or more miss21 ing individuals believed to be deceased at the time 

22 that the search is initiated. 

23 (3) SECRETARY.—The term ‘‘Secretary’’ means 

24 the Secretary of the Interior or the Secretary of Agri25 culture, 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 Federal 

4 land under the administrative jurisdiction of the Sec5 retary for eligible organizations and individuals to 

6 request access to Federal land to conduct good Samar7 itan search-and-recovery missions. 

8 (2) INCLUSIONS.—The process developed and im9 plemented under this subsection shall include provi10 sions to clarify that— 

11 (A) an eligible organization or individual 

12 granted access under this section— 

13 (i) shall be acting for private purposes; 

14 and 

15 (ii) shall not be considered to be a Fed16 eral 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 102301(c) 

21 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 orga25 nization 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) an eligible organization or entity who 

4 conducts a good Samaritan search-and-recovery 

5 mission under this section shall serve without 

6 pay from the Federal Government for such serv7 ice. 

8 (c) RELEASE OF FEDERAL GOVERNMENT FROM LI9 ABILITY.—The Secretary shall not require an eligible orga10 nization or individual to have liability insurance as a con11 dition of accessing Federal land under this section, if the 

12 eligible organization or individual— 

13 (1) acknowledges and consents, in writing, to the 

14 provisions described in subparagraphs (A) through 

15 (D) of subsection (b)(2); and 

16 (2) signs a waiver releasing the Federal Govern17 ment from all liability relating to the access granted 

18 under this section and agrees to indemnify and hold 

19 harmless the United States from any claims or law20 suits arising from any conduct by the eligible organi21 zation or individual on Federal land. 

22 (d) APPROVAL AND DENIAL OF REQUESTS.— 

23 (1) IN GENERAL.—The Secretary shall notify an 

24 eligible organization or individual of the approval or 

25 denial of a request by the eligible organization or in-
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1 dividual to carry out a good Samaritan search-and2 recovery mission under this section by not later than 

3 48 hours after the request is made. 

4 (2) DENIALS.—If the Secretary denies a request 

5 from an eligible organization or individual to carry 

6 out a good Samaritan search-and-recovery mission 

7 under this section, the Secretary shall notify the eligi8 ble organization or individual of— 

9 (A) the reason for the denial of the request; 

10 and 

11 (B) any actions that the eligible organiza12 tion or individual can take to meet the require13 ments for the request to be approved. 

14 (e) PARTNERSHIPS.—Each Secretary shall develop 

15 search-and-recovery-focused partnerships with search-and16 recovery organizations— 

17 (1) to coordinate good Samaritan search-and-re18 covery missions on Federal land under the adminis19 trative jurisdiction of the Secretary; and 

20 (2) to expedite and accelerate good Samaritan 

21 search-and-recovery mission efforts for missing indi22 viduals on Federal land under the administrative ju23 risdiction of the Secretary. 
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1 (f) REPORT.—Not later than 180 days after the date 

2 of enactment of this Act, the Secretaries shall submit to 

3 Congress a joint report describing— 

4 (1) plans to develop partnerships described in 

5 subsection (e)(1); and 

6 (2) efforts carried out to expedite and accelerate 

7 good Samaritan search-and-recovery mission efforts 

8 for missing individuals on Federal land under the ad9 ministrative jurisdiction of each Secretary pursuant 

10 to subsection (e)(2). 

11 Subtitle R—Interstate Transpor12 tation of Firearms or Ammuni13 tion 

14 SEC. 2191. INTERSTATE TRANSPORTATION OF FIREARMS 

15 OR AMMUNITION. 

16 (a) IN GENERAL.—Section 926A of title 18, United 

17 States Code, is amended to read as follows: 

18 ‘‘§ 926A. Interstate transportation of firearms or am19 munition 

20 ‘‘(a) Notwithstanding any provision of any law, rule, 

21 or regulation of a State or any political subdivision thereof: 

22 ‘‘(1) A person who is not prohibited by this 

23 chapter from possessing, transporting, shipping, or 

24 receiving a firearm or ammunition shall be entitled 

25 to transport a firearm for any lawful purpose from 
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1 any place where the person may lawfully possess, 

2 carry, or transport the firearm to any other such 

3 place if, during the transportation, the firearm is un4 loaded, and— 

5 ‘‘(A) if the transportation is by motor vehi6 cle, the firearm is not directly accessible from the 

7 passenger compartment of the vehicle, and, if the 

8 vehicle is without a compartment separate from 

9 the passenger compartment, the firearm is in a 

10 locked container other than the glove compart11 ment or console, or is secured by a secure gun 

12 storage or safety device; or 

13 ‘‘(B) if the transportation is by other 

14 means, the firearm is in a locked container or se15 cured by a secure gun storage or safety device. 

16 ‘‘(2) A person who is not prohibited by this 

17 chapter from possessing, transporting, shipping, or 

18 receiving a firearm or ammunition shall be entitled 

19 to transport ammunition for any lawful purpose from 

20 any place where the person may lawfully possess, 

21 carry, or transport the ammunition, to any other 

22 such place if, during the transportation, the ammuni23 tion is not loaded into a firearm, and— 

24 ‘‘(A) if the transportation is by motor vehi25 cle, the ammunition is not directly accessible 
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1 from the passenger compartment of the vehicle, 

2 and, if the vehicle is without a compartment sep3 arate from the passenger compartment, the am4 munition is in a locked container other than the 

5 glove compartment or console; or 

6 ‘‘(B) if the transportation is by other 

7 means, the ammunition is in a locked container. 

8 ‘‘(b) In subsection (a), the term ‘transport’ includes 

9 staying in temporary lodging overnight, stopping for food, 

10 fuel, vehicle maintenance, an emergency, medical treatment, 

11 and any other activity incidental to the transport, but does 

12 not include transportation— 

13 ‘‘(1) with the intent to commit a crime punish14 able by imprisonment for a term exceeding one year 

15 that involves the use or threatened use of force against 

16 another; or 

17 ‘‘(2) with knowledge, or reasonable cause to be18 lieve, that such a crime is to be committed in the 

19 course of, or arising from, the transportation. 

20 ‘‘(c)(1) A person who is transporting a firearm or am21 munition may not be arrested or otherwise detained for vio22 lation of any law or any rule or regulation of a State or 

23 any political subdivision thereof related to the possession, 

24 transportation, or carrying of firearms, unless there is 
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1 probable cause to believe that the person is doing so in a 

2 manner not provided for in subsection (a). 

3 ‘‘(2) When a person asserts this section as a defense 

4 in a criminal proceeding, the prosecution shall bear the bur5 den of proving, beyond a reasonable doubt, that the conduct 

6 of the person did not satisfy the conditions set forth in sub7 section (a). 

8 ‘‘(3) When a person successfully asserts this section as 

9 a defense in a criminal proceeding, the court shall award 

10 the prevailing defendant a reasonable attorney’s fee. 

11 ‘‘(d)(1) A person who is deprived of any right, privi12 lege, or immunity secured by this section, section 926B or 

13 926C, under color of any statute, ordinance, regulation, cus14 tom, or usage of any State or any political subdivision 

15 thereof, may bring an action in any appropriate court 

16 against any other person, including a State or political sub17 division thereof, who causes the person to be subject to the 

18 deprivation, for damages and other appropriate relief. 

19 ‘‘(2) The court shall award a plaintiff prevailing in 

20 an action brought under paragraph (1) damages and such 

21 other relief as the court deems appropriate, including a rea22 sonable attorney’s fee.’’. 

23 (b) CLERICAL AMENDMENT.—The table of sections for 

24 such chapter is amended in the item relating to section 
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1 926A by striking ‘‘firearms’’ and inserting ‘‘firearms or 

2 ammunition’’. 

3 Subtitle S—Gray Wolves 

4 SEC. 2201. REISSUANCE OF FINAL RULE REGARDING GRAY 

5 WOLVES IN THE WESTERN GREAT LAKES. 

6 Before the end of the 60-day period beginning on the 

7 date of enactment of this Act, the Secretary of the Interior 

8 shall reissue the final rule published on December 28, 2011 

9 (76 Fed. Reg. 81666), without regard to any other provision 

10 of statute or regulation that applies to issuance of such rule. 

11 Such reissuance shall not be subject to judicial review. 

12 SEC. 2202. REISSUANCE OF FINAL RULE REGARDING GRAY 

13 WOLVES IN WYOMING. 

14 Before the end of the 60-day period beginning on the 

15 date of enactment of this Act, the Secretary of the Interior 

16 shall reissue the final rule published on September 10, 2012 

17 (77 Fed. Reg. 55530), without regard to any other provision 

18 of statute or regulation that applies to issuance of such rule. 

19 Such reissuance shall not be subject to judicial review. 

20 Subtitle T—Miscellaneous 

21 Provisions 

22 SEC. 2211. PROHIBITION ON ISSUANCE OF FINAL RULE. 

23 The Director of the United States Fish and Wildlife 

24 Service shall not issue a final rule that— 
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1 (1) succeeds the proposed rule entitled ‘‘Non-Sub2 sistence Take of Wildlife, and Public Participation 

3 and Closure Procedures, on National Wildlife Refuges 

4 in Alaska’’ (81 Fed. Reg. 887 (January 8, 2016)); or 

5 (2) is substantially similar to that proposed rule. 

6 SEC. 2212. WITHDRAWAL OF EXISTING RULE REGARDING 

7 HUNTING AND TRAPPING IN ALASKA. 

8 The Director of the National Park Service shall with9 draw the final rule entitled ‘‘Alaska; Hunting and Trap10 ping in National Preserves’’ (80 Fed. Reg. 64325 (October 

11 23, 2015)) by not later than 30 days after the date of the 

12 enactment of this Act, and shall not issue a rule that is 

13 substantially similar to that rule. 

14 TITLE III—NATIONAL STRATEGIC 

15 AND CRITICAL MINERALS 

16 PRODUCTION ACT 

17 SEC. 3001. SHORT TITLE. 

18 This title may be cited as the ‘‘National Strategic and 

19 Critical Minerals Production Act of 2015’’. 

20 SEC. 3002. FINDINGS. 

21 Congress finds the following: 

22 (1) The industrialization of developing nations 

23 has driven demand for nonfuel minerals necessary for 

24 telecommunications, military technologies, healthcare 
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1 technologies, and conventional and renewable energy 

2 technologies. 

3 (2) The availability of minerals and mineral 

4 materials are essential for economic growth, national 

5 security, technological innovation, and the manufac6 turing and agricultural supply chain. 

7 (3) The exploration, production, processing, use, 

8 and recycling of minerals contribute significantly to 

9 the economic well-being, security, and general welfare 

10 of the Nation. 

11 (4) The United States has vast mineral re12 sources, but is becoming increasingly dependent upon 

13 foreign sources of these mineral materials, as dem14 onstrated by the following: 

15 (A) Twenty-five years ago the United States 

16 was dependent on foreign sources for 45 nonfuel 

17 mineral materials, 8 of which the United States 

18 imported 100 percent of the Nation’s require19 ments, and for another 19 commodities the 

20 United States imported more than 50 percent of 

21 the Nation’s needs. 

22 (B) By 2014 the United States import de23 pendence for nonfuel mineral materials increased 

24 from 45 to 65 commodities, 19 of which the 

25 United States imported for 100 percent of the 
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1 Nation’s requirements, and an additional 24 of 

2 which the United States imported for more than 

3 50 percent of the Nation’s needs. 

4 (C) The United States share of worldwide 

5 mineral exploration dollars was 7 percent in 

6 2014, down from 19 percent in the early 1990s. 

7 (D) In the 2014 Ranking of Countries for 

8 Mining Investment (out of 25 major mining 

9 countries), found that 7- to 10-year permitting 

10 delays are the most significant risk to mining 

11 projects in the United States. 

12 SEC. 3003. DEFINITIONS. 

13 In this title: 

14 (1) STRATEGIC AND CRITICAL MINERALS.—The 

15 term ‘‘strategic and critical minerals’’ means min16 erals that are necessary— 

17 (A) for national defense and national secu18 rity requirements; 

19 (B) for the Nation’s energy infrastructure, 

20 including pipelines, refining capacity, electrical 

21 power generation and transmission, and renew22 able energy production; 

23 (C) to support domestic manufacturing, ag24 riculture, housing, telecommunications, 

25 healthcare, and transportation infrastructure; or 
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1 (D) for the Nation’s economic security and 

2 balance of trade. 

3 (2) AGENCY.—The term ‘‘agency’’ means any 

4 agency, department, or other unit of Federal, State, 

5 local, or tribal government, or Alaska Native Cor6 poration. 

7 (3) MINERAL EXPLORATION OR MINE PERMIT.— 

8 The term ‘‘mineral exploration or mine permit’’ in9 cludes— 

10 (A) Bureau of Land Management and For11 est Service authorizations for pre-mining activi12 ties that require environmental analyses pursu13 ant to the National Environmental Policy Act of 

14 1969 (42 U.S.C. 4321 et seq.); and 

15 (B) plans of operation issued by the Bureau 

16 of Land Management and the Forest Service 

17 pursuant to 43 CFR 3809 and 36 CFR 228A or 

18 the authorities listed in 43 CFR 3503.13, respec19 tively, as amended from time to time. 
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1 Subtitle A—Development of Domes2 tic Sources of Strategic and Crit3 ical Minerals 

4 SEC. 3011. IMPROVING DEVELOPMENT OF STRATEGIC AND 

5 CRITICAL MINERALS. 

6 Domestic mines that will provide strategic and critical 

7 minerals shall be considered an ‘‘infrastructure project’’ as 

8 described in Presidential order ‘‘Improving Performance of 

9 Federal Permitting and Review of Infrastructure Projects’’ 

10 dated March 22, 2012. 

11 SEC. 3012. RESPONSIBILITIES OF THE LEAD AGENCY. 

12 (a) IN GENERAL.—The lead agency with responsibility 

13 for issuing a mineral exploration or mine permit shall ap14 point a project lead within the lead agency who shall co15 ordinate and consult with cooperating agencies and any 

16 other agency involved in the permitting process, project pro17 ponents and contractors to ensure that agencies minimize 

18 delays, set and adhere to timelines and schedules for comple19 tion of the permitting process, set clear permitting goals 

20 and track progress against those goals. 

21 (b) DETERMINATION UNDER NEPA.— 

22 (1) IN GENERAL.—To the extent that the Na23 tional Environmental Policy Act of 1969 (42 U.S.C. 

24 4321 et seq.) applies to the issuance of any mineral 

25 exploration or mine permit, the requirements of such 
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1 Act shall be deemed to have been procedurally and 

2 substantively satisfied if the lead agency determines 

3 that any State and/or Federal agency acting pursu4 ant to State or Federal (or both) statutory or proce5 dural authorities, has addressed or will address the 

6 following factors: 

7 (A) The environmental impact of the action 

8 to be conducted under the permit. 

9 (B) Possible adverse environmental effects of 

10 actions under the permit. 

11 (C) Possible alternatives to issuance of the 

12 permit. 

13 (D) The relationship between local long14 and short-term uses of man’s environment and 

15 the maintenance and enhancement of long-term 

16 productivity. 

17 (E) Any irreversible and irretrievable com18 mitment of resources that would be involved in 

19 the proposed action. 

20 (F) That public participation will occur 

21 during the decisionmaking process for author22 izing actions under the permit. 

23 (2) WRITTEN REQUIREMENT.—In reaching a de24 termination under paragraph (1), the lead agency 

25 shall, by no later than 90 days after receipt of an ap-
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1 plication for the permit, in a written record of deci2 sion— 

3 (A) explain the rationale used in reaching 

4 its determination; 

5 (B) state the facts in the record that are the 

6 basis for the determination; and 

7 (C) show that the facts in the record could 

8 allow a reasonable person to reach the same de9 termination as the lead agency did. 

10 (c) COORDINATION ON PERMITTING PROCESS.—The 

11 lead agency with responsibility for issuing a mineral explo12 ration or mine permit shall enhance government coordina13 tion for the permitting process by avoiding duplicative re14 views, minimizing paperwork, and engaging other agencies 

15 and stakeholders early in the process. For purposes of this 

16 subsection, the lead agency shall consider the following 

17 practices: 

18 (1) Deferring to and relying upon baseline data, 

19 analyses and reviews performed by State agencies 

20 with jurisdiction over the proposed project. 

21 (2) Conducting any consultations or reviews con22 currently rather than sequentially to the extent prac23 ticable and when such concurrent review will expedite 

24 rather than delay a decision. 
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1 (d) MEMORANDUM OF AGENCY AGREEMENT.—If re2 quested at any time by a State or local planning agency, 

3 the lead agency with responsibility for issuing a mineral 

4 exploration or mine permit, in consultation with other Fed5 eral agencies with relevant jurisdiction in the environ6 mental review process, may establish memoranda of agree7 ment with the project sponsor, State and local governments, 

8 and other appropriate entities to accomplish the early co9 ordination activities described in subsection (c). 

10 (e) SCHEDULE FOR PERMITTING PROCESS.—For any 

11 project for which the lead agency cannot make the deter12 mination described in 102(b), at the request of a project 

13 proponent the lead agency, cooperating agencies, and any 

14 other agencies involved with the mineral exploration or 

15 mine permitting process shall enter into an agreement with 

16 the project proponent that sets time limits for each part 

17 of the permitting process, including for the following: 

18 (1) The decision on whether to prepare a docu19 ment required under the National Environmental 

20 Policy Act of 1969 (42 U.S.C. 4321 et seq.). 

21 (2) A determination of the scope of any docu22 ment required under the National Environmental 

23 Policy Act of 1969. 

24 (3) The scope of and schedule for the baseline 

25 studies required to prepare a document required 
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1 under the National Environmental Policy Act of 

2 1969. 

3 (4) Preparation of any draft document required 

4 under the National Environmental Policy Act of 

5 1969. 

6 (5) Preparation of a final document required 

7 under the National Environmental Policy Act of 

8 1969. 

9 (6) Consultations required under applicable 

10 laws. 

11 (7) Submission and review of any comments re12 quired under applicable law. 

13 (8) Publication of any public notices required 

14 under applicable law. 

15 (9) A final or any interim decisions. 

16 (f) TIME LIMIT FOR PERMITTING PROCESS.—In no 

17 case should the total review process described in subsection 

18 (d) exceed 30 months unless extended by the signatories of 

19 the agreement. 

20 (g) LIMITATION ON ADDRESSING PUBLIC COM21 MENTS.—The lead agency is not required to address agency 

22 or public comments that were not submitted during any 

23 public comment periods or consultation periods provided 

24 during the permitting process or as otherwise required by 

25 law. 
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1 (h) FINANCIAL ASSURANCE.—The lead agency will de2 termine the amount of financial assurance for reclamation 

3 of a mineral exploration or mining site, which must cover 

4 the estimated cost if the lead agency were to contract with 

5 a third party to reclaim the operations according to the 

6 reclamation plan, including construction and maintenance 

7 costs for any treatment facilities necessary to meet Federal, 

8 State or tribal environmental standards. 

9 (i) APPLICATION TO EXISTING PERMIT APPLICA10 TIONS.—This section shall apply with respect to a mineral 

11 exploration or mine permit for which an application was 

12 submitted before the date of the enactment of this Act if 

13 the applicant for the permit submits a written request to 

14 the lead agency for the permit. The lead agency shall begin 

15 implementing this section with respect to such application 

16 within 30 days after receiving such written request. 

17 (j) STRATEGIC AND CRITICAL MINERALS WITHIN NA18 TIONAL FORESTS.—With respect to strategic and critical 

19 minerals within a federally administered unit of the Na20 tional Forest System, the lead agency shall— 

21 (1) exempt all areas of identified mineral re22 sources in Land Use Designations, other than Non23 Development Land Use Designations, in existence as 

24 of the date of the enactment of this Act from the pro-
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1 cedures detailed at and all rules promulgated under 

2 part 294 of title 36, Code of Federal Regulations; 

3 (2) apply such exemption to all additional routes 

4 and areas that the lead agency finds necessary to fa5 cilitate the construction, operation, maintenance, and 

6 restoration of the areas of identified mineral resources 

7 described in paragraph (1); and 

8 (3) continue to apply such exemptions after ap9 proval of the Minerals Plan of Operations for the unit 

10 of the National Forest System. 

11 SEC. 3013. CONSERVATION OF THE RESOURCE. 

12 In evaluating and issuing any mineral exploration or 

13 mine permit, the priority of the lead agency shall be to 

14 maximize the development of the mineral resource, while 

15 mitigating environmental impacts, so that more of the min16 eral resource can be brought to the marketplace. 

17 SEC. 3014. FEDERAL REGISTER PROCESS FOR MINERAL EX18 PLORATION AND MINING PROJECTS. 

19 (a) PREPARATION OF FEDERAL NOTICES FOR MIN20 ERAL EXPLORATION AND MINE DEVELOPMENT

21 PROJECTS.—The preparation of Federal Register notices 

22 required by law associated with the issuance of a mineral 

23 exploration or mine permit shall be delegated to the organi24 zation level within the agency responsible for issuing the 

25 mineral exploration or mine permit. All Federal Register 
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1 notices regarding official document availability, announce2 ments of meetings, or notices of intent to undertake an ac3 tion shall be originated and transmitted to the Federal Reg4 ister from the office where documents are held, meetings are 

5 held, or the activity is initiated. 

6 (b) DEPARTMENTAL REVIEW OF FEDERAL REGISTER

7 NOTICES FOR MINERAL EXPLORATION AND MINING

8 PROJECTS.—Absent any extraordinary circumstance or ex9 cept as otherwise required by any Act of Congress, each Fed10 eral Register notice described in subsection (a) shall under11 go any required reviews within the Department of the Inte12 rior or the Department of Agriculture and be published in 

13 its final form in the Federal Register no later than 30 days 

14 after its initial preparation. 

15 Subtitle B—Judicial Review of 

16 Agency Actions Relating to Ex17 ploration and Mine Permits 

18 SEC. 3021. DEFINITIONS FOR TITLE. 

19 In this subtitle the term ‘‘covered civil action’’ means 

20 a civil action against the Federal Government containing 

21 a claim under section 702 of title 5, United States Code, 

22 regarding agency action affecting a mineral exploration or 

23 mine permit. 
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1 SEC. 3022. TIMELY FILINGS. 

2 A covered civil action is barred unless filed no later 

3 than the end of the 60-day period beginning on the date 

4 of the final Federal agency action to which it relates. 

5 SEC. 3023. RIGHT TO INTERVENE. 

6 The holder of any mineral exploration or mine permit 

7 may intervene as of right in any covered civil action by 

8 a person affecting rights or obligations of the permit holder 

9 under the permit. 

10 SEC. 3024. EXPEDITION IN HEARING AND DETERMINING 

11 THE ACTION. 

12 The court shall endeavor to hear and determine any 

13 covered civil action as expeditiously as possible. 

14 SEC. 3025. LIMITATION ON PROSPECTIVE RELIEF. 

15 In a covered civil action, the court shall not grant or 

16 approve any prospective relief unless the court finds that 

17 such relief is narrowly drawn, extends no further than nec18 essary to correct the violation of a legal requirement, and 

19 is the least intrusive means necessary to correct that viola20 tion. 

21 SEC. 3026. LIMITATION ON ATTORNEYS’ FEES. 

22 Section 504 of title 5, United States Code, and section 

23 2412 of title 28, United States Code (together commonly 

24 called the Equal Access to Justice Act) do not apply to a 

25 covered civil action, nor shall any party in such a covered 
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1 civil action receive payment from the Federal Government 

2 for their attorneys’ fees, expenses, and other court costs. 

3 Subtitle C—Miscellaneous 

4 Provisions 

5 SEC. 3031. SECRETARIAL ORDER NOT AFFECTED. 

6 This title shall not apply to any mineral described in 

7 Secretarial Order No. 3324, issued by the Secretary of the 

8 Interior on December 3, 2012, in any area to which the 

9 order applies. 

10 TITLE IV—NATIVE AMERICAN 

11 ENERGY ACT 

12 SEC. 4001. SHORT TITLE. 

13 This title may be cited as the ‘‘Native American En14 ergy Act’’. 

15 SEC. 4002. APPRAISALS. 

16 (a) AMENDMENT.—Title XXVI of the Energy Policy 

17 Act of 1992 (25 U.S.C. 3501 et seq.) is amended by adding 

18 at the end the following: 

19 ‘‘SEC. 2607. APPRAISAL REFORMS. 

20 ‘‘(a) OPTIONS TO INDIAN TRIBES.—With respect to a 

21 transaction involving Indian land or the trust assets of an 

22 Indian tribe that requires the approval of the Secretary, 

23 any appraisal relating to fair market value required to be 

24 conducted under applicable law, regulation, or policy may 

25 be completed by— 
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1 ‘‘(1) the Secretary; 

2 ‘‘(2) the affected Indian tribe; or 

3 ‘‘(3) a certified, third-party appraiser pursuant 

4 to a contract with the Indian tribe. 

5 ‘‘(b) TIME LIMIT ON SECRETARIAL REVIEW AND AC6 TION.—Not later than 30 days after the date on which the 

7 Secretary receives an appraisal conducted by or for an In8 dian tribe pursuant to paragraphs (2) or (3) of subsection 

9 (a), the Secretary shall— 

10 ‘‘(1) review the appraisal; and 

11 ‘‘(2) provide to the Indian tribe a written notice 

12 of approval or disapproval of the appraisal. 

13 ‘‘(c) FAILURE OF SECRETARY TO APPROVE OR DIS14 APPROVE.—If, after 60 days, the Secretary has failed to ap15 prove or disapprove any appraisal received, the appraisal 

16 shall be deemed approved. 

17 ‘‘(d) OPTION TO INDIAN TRIBES TO WAIVE AP18 PRAISAL.— 

19 ‘‘(1) An Indian tribe wishing to waive the re20 quirements of subsection (a), may do so after it has 

21 satisfied the requirements of paragraphs (2) and (3). 

22 ‘‘(2) An Indian tribe wishing to forego the neces23 sity of a waiver pursuant to this section must provide 

24 to the Secretary a written resolution, statement, or 
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1 other unambiguous indication of tribal intent, duly 

2 approved by the governing body of the Indian tribe. 

3 ‘‘(3) The unambiguous indication of intent pro4 vided by the Indian tribe to the Secretary under 

5 paragraph (2) must include an express waiver by the 

6 Indian tribe of any claims for damages it might have 

7 against the United States as a result of the lack of an 

8 appraisal undertaken. 

9 ‘‘(e) DEFINITION.—For purposes of this subsection, the 

10 term ‘appraisal’ includes appraisals and other estimates of 

11 value. 

12 ‘‘(f) REGULATIONS.—The Secretary shall develop regu13 lations for implementing this section, including standards 

14 the Secretary shall use for approving or disapproving an 

15 appraisal.’’. 

16 (b) CONFORMING AMENDMENT.—The table of contents 

17 of the Energy Policy Act of 1992 (42 U.S.C. 13201 note) 

18 is amended by adding at the end of the items relating to 

19 title XXVI the following: 

‘‘Sec. 2607. Appraisal reforms.’’. 

20 SEC. 4003. STANDARDIZATION. 

21 As soon as practicable after the date of the enactment 

22 of this Act, the Secretary of the Interior shall implement 

23 procedures to ensure that each agency within the Depart24 ment of the Interior that is involved in the review, ap25 proval, and oversight of oil and gas activities on Indian 
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1 lands shall use a uniform system of reference numbers and 

2 tracking systems for oil and gas wells. 

3 SEC. 4004. ENVIRONMENTAL REVIEWS OF MAJOR FEDERAL 

4 ACTIONS ON INDIAN LANDS. 

5 Section 102 of the National Environmental Policy Act 

6 of 1969 (42 U.S.C. 4332) is amended by inserting ‘‘(a) IN

7 GENERAL.—’’ before the first sentence, and by adding at 

8 the end the following: 

9 ‘‘(b) REVIEW OF MAJOR FEDERAL ACTIONS ON INDIAN

10 LANDS.— 

11 ‘‘(1) REVIEW AND COMMENT.— 

12 ‘‘(A) IN GENERAL.—Except as provided in 

13 subparagraph (B), the statement required under 

14 subsection (a)(2)(C) for a major Federal action 

15 regarding an activity on Indian lands of an In16 dian tribe shall only be available for review and 

17 comment by the members of the Indian tribe, 

18 other individuals residing within the affected 

19 area, and State, federally recognized tribal, and 

20 local governments within the affected area. 

21 ‘‘(B) EXCEPTION.—Subparagraph (A) shall 

22 not apply to a statement for a major Federal ac23 tion regarding an activity on Indian lands of an 

24 Indian tribe related to gaming under the Indian 

25 Gaming Regulatory Act. 
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1 ‘‘(2) REGULATIONS.—The Chairman of the 

2 Council on Environmental Quality shall develop reg3 ulations to implement this section, including descrip4 tions of affected areas for specific major Federal ac5 tions, in consultation with Indian tribes. 

6 ‘‘(3) DEFINITIONS.—In this subsection, each of 

7 the terms ‘Indian land’ and ‘Indian tribe’ has the 

8 meaning given that term in section 2601 of the En9 ergy Policy Act of 1992 (25 U.S.C. 3501). 

10 ‘‘(4) CLARIFICATION OF AUTHORITY.—Nothing 

11 in the Native American Energy Act, except section 6 

12 of that Act, shall give the Secretary any additional 

13 authority over energy projects on Alaska Native 

14 Claims Settlement Act lands.’’. 

15 SEC. 4005. JUDICIAL REVIEW. 

16 (a) TIME FOR FILING COMPLAINT.—Any energy re17 lated action must be filed not later than the end of the 60- 

18 day period beginning on the date of the final agency action. 

19 Any energy related action not filed within this time period 

20 shall be barred. 

21 (b) DISTRICT COURT VENUE AND DEADLINE.—All en22 ergy related actions— 

23 (1) shall be brought in the United States District 

24 Court for the District of Columbia; and 
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1 (2) shall be resolved as expeditiously as possible, 

2 and in any event not more than 180 days after such 

3 cause of action is filed. 

4 (c) APPELLATE REVIEW.—An interlocutory order or 

5 final judgment, decree or order of the district court in an 

6 energy related action may be reviewed by the United States 

7 Court of Appeals for the District of Columbia Circuit. The 

8 District of Columbia Circuit Court of Appeals shall resolve 

9 such appeal as expeditiously as possible, and in any event 

10 not more than 180 days after such interlocutory order or 

11 final judgment, decree or order of the district court was 

12 issued. 

13 (d) LIMITATION ON CERTAIN PAYMENTS.—Notwith14 standing section 1304 of title 31, United States Code, no 

15 award may be made under section 504 of title 5, United 

16 States Code, or under section 2412 of title 28, United States 

17 Code, and no amounts may be obligated or expended from 

18 the Claims and Judgment Fund of the United States Treas19 ury to pay any fees or other expenses under such sections, 

20 to any person or party in an energy related action. 

21 (e) LEGAL FEES.—In any energy related action in 

22 which the plaintiff does not ultimately prevail, the court 

23 shall award to the defendant (including any intervenor-de24 fendants), other than the United States, fees and other ex25 penses incurred by that party in connection with the energy 
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1 related action, unless the court finds that the position of 

2 the plaintiff was substantially justified or that special cir3 cumstances make an award unjust. Whether or not the posi4 tion of the plaintiff was substantially justified shall be de5 termined on the basis of the administrative record, as a 

6 whole, which is made in the energy related action for which 

7 fees and other expenses are sought. 

8 (f) DEFINITIONS.—For the purposes of this section, the 

9 following definitions apply: 

10 (1) AGENCY ACTION.—The term ‘‘agency action’’ 

11 has the same meaning given such term in section 551 

12 of title 5, United States Code. 

13 (2) INDIAN LAND.—The term ‘‘Indian Land’’ has 

14 the same meaning given such term in section 

15 203(c)(3) of the Energy Policy Act of 2005 (Public 

16 Law 109–58; 25 U.S.C. 3501), including lands owned 

17 by Native Corporations under the Alaska Native 

18 Claims Settlement Act (Public Law 92–203; 43 

19 U.S.C. 1601). 

20 (3) ENERGY RELATED ACTION.—The term ‘‘en21 ergy related action’’ means a cause of action that— 

22 (A) is filed on or after the effective date of 

23 this Act; and 
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1 (B) seeks judicial review of a final agency 

2 action to issue a permit, license, or other form 

3 of agency permission allowing: 

4 (i) any person or entity to conduct ac5 tivities on Indian Land, which activities 

6 involve the exploration, development, pro7 duction or transportation of oil, gas, coal, 

8 shale gas, oil shale, geothermal resources, 

9 wind or solar resources, underground coal 

10 gasification, biomass, or the generation of 

11 electricity; or 

12 (ii) any Indian Tribe, or any organi13 zation of two or more entities, at least one 

14 of which is an Indian tribe, to conduct ac15 tivities involving the exploration, develop16 ment, production or transportation of oil, 

17 gas, coal, shale gas, oil shale, geothermal re18 sources, wind or solar resources, under19 ground coal gasification, biomass, or the 

20 generation of electricity, regardless of where 

21 such activities are undertaken. 

22 (4) ULTIMATELY PREVAIL.—The phrase ‘‘ulti23 mately prevail’’ means, in a final enforceable judg24 ment, the court rules in the party’s favor on at least 

25 one cause of action which is an underlying rationale 
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1 for the preliminary injunction, administrative stay, 

2 or other relief requested by the party, and does not in3 clude circumstances where the final agency action is 

4 modified or amended by the issuing agency unless 

5 such modification or amendment is required pursuant 

6 to a final enforceable judgment of the court or a 

7 court-ordered consent decree. 

8 SEC. 4006. TRIBAL BIOMASS DEMONSTRATION PROJECT. 

9 The Tribal Forest Protection Act of 2004 is amended 

10 by inserting after section 2 (25 U.S.C. 3115a) the following: 

11 ‘‘SEC. 3. TRIBAL BIOMASS DEMONSTRATION PROJECT. 

12 ‘‘(a) IN GENERAL.—For each of fiscal years 2016 

13 through 2020, the Secretary shall enter into stewardship 

14 contracts or other agreements, other than agreements that 

15 are exclusively direct service contracts, with Indian tribes 

16 to carry out demonstration projects to promote biomass en17 ergy production (including biofuel, heat, and electricity 

18 generation) on Indian forest land and in nearby commu19 nities by providing reliable supplies of woody biomass from 

20 Federal land. 

21 ‘‘(b) DEFINITIONS.—The definitions in section 2 shall 

22 apply to this section. 

23 ‘‘(c) DEMONSTRATION PROJECTS.—In each fiscal year 

24 for which projects are authorized, the Secretary shall enter 

25 into contracts or other agreements described in subsection 
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1 (a) to carry out at least 4 new demonstration projects that 

2 meet the eligibility criteria described in subsection (d). 

3 ‘‘(d) ELIGIBILITY CRITERIA.—To be eligible to enter 

4 into a contract or other agreement under this subsection, 

5 an Indian tribe shall submit to the Secretary an applica6 tion— 

7 ‘‘(1) containing such information as the Sec8 retary may require; and 

9 ‘‘(2) that includes a description of— 

10 ‘‘(A) the Indian forest land or rangeland 

11 under the jurisdiction of the Indian tribe; and 

12 ‘‘(B) the demonstration project proposed to 

13 be carried out by the Indian tribe. 

14 ‘‘(e) SELECTION.—In evaluating the applications sub15 mitted under subsection (c), the Secretary— 

16 ‘‘(1) shall take into consideration the factors set 

17 forth in paragraphs (1) and (2) of section 2(e) of 

18 Public Law 108–278; and whether a proposed dem19 onstration project would— 

20 ‘‘(A) increase the availability or reliability 

21 of local or regional energy; 

22 ‘‘(B) enhance the economic development of 

23 the Indian tribe; 
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1 ‘‘(C) improve the connection of electric 

2 power transmission facilities serving the Indian 

3 tribe with other electric transmission facilities; 

4 ‘‘(D) improve the forest health or watersheds 

5 of Federal land or Indian forest land or range6 land; or 

7 ‘‘(E) otherwise promote the use of woody 

8 biomass; and 

9 ‘‘(2) shall exclude from consideration any mer10 chantable logs that have been identified by the Sec11 retary for commercial sale. 

12 ‘‘(f) IMPLEMENTATION.—The Secretary shall— 

13 ‘‘(1) ensure that the criteria described in sub14 section (c) are publicly available by not later than 

15 120 days after the date of enactment of this section; 

16 and 

17 ‘‘(2) to the maximum extent practicable, consult 

18 with Indian tribes and appropriate intertribal orga19 nizations likely to be affected in developing the appli20 cation and otherwise carrying out this section. 

21 ‘‘(g) REPORT.—Not later than one year subsequent to 

22 the date of enactment of this section, the Secretary shall 

23 submit to Congress a report that describes, with respect to 

24 the reporting period— 
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1 ‘‘(1) each individual tribal application received 

2 under this section; and 

3 ‘‘(2) each contract and agreement entered into 

4 pursuant to this section. 

5 ‘‘(h) INCORPORATION OF MANAGEMENT PLANS.—In 

6 carrying out a contract or agreement under this section, 

7 on receipt of a request from an Indian tribe, the Secretary 

8 shall incorporate into the contract or agreement, to the ex9 tent practicable, management plans (including forest man10 agement and integrated resource management plans) in ef11 fect on the Indian forest land or rangeland of the respective 

12 Indian tribe. 

13 ‘‘(i) TERM.—A stewardship contract or other agree14 ment entered into under this section— 

15 ‘‘(1) shall be for a term of not more than 20 

16 years; and 

17 ‘‘(2) may be renewed in accordance with this sec18 tion for not more than an additional 10 years. 

19 ‘‘SEC. 4. TRIBAL FOREST MANAGEMENT DEMONSTRATION 

20 PROJECT. 

21 ‘‘The Secretary of the Interior and the Secretary of Ag22 riculture may carry out demonstration projects by which 

23 federally recognized Indian tribes or tribal organizations 

24 may contract to perform administrative, management, and 

25 other functions of programs of the Tribal Forest Protection 
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1 Act of 2004 (25 U.S.C. 3115a et seq.) through contracts en2 tered into under the Indian Self-Determination and Edu3 cation Assistance Act (25 U.S.C. 450 et seq.).’’. 

4 SEC. 4007. TRIBAL RESOURCE MANAGEMENT PLANS. 

5 Unless otherwise explicitly exempted by Federal law 

6 enacted after the date of the enactment of this Act, any ac7 tivity conducted or resources harvested or produced pursu8 ant to a tribal resource management plan or an integrated 

9 resource management plan approved by the Secretary of the 

10 Interior under the National Indian Forest Resources Man11 agement Act (25 U.S.C. 3101 et seq.) or the American In12 dian Agricultural Resource Management Act (25 U.S.C. 

13 3701 et seq.), shall be considered a sustainable management 

14 practice for purposes of any Federal standard, benefit, or 

15 requirement that requires a demonstration of such sustain16 ability. 

17 SEC. 4008. LEASES OF RESTRICTED LANDS FOR THE NAV18 AJO NATION. 

19 Subsection (e)(1) of the first section of the Act of Au20 gust 9, 1955 (25 U.S.C. 415(e)(1); commonly referred to as 

21 the ‘‘Long-Term Leasing Act’’), is amended— 

22 (1) by striking ‘‘, except a lease for’’ and insert23 ing ‘‘, including leases for’’; 
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1 (2) in subparagraph (A), by striking ‘‘25’’ the 

2 first place it appears and all that follows and insert3 ing ‘‘99 years;’’; 

4 (3) in subparagraph (B), by striking the period 

5 and inserting ‘‘; and’’; and 

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

7 ‘‘(C) in the case of a lease for the exploration, de8 velopment, or extraction of mineral resources, includ9 ing geothermal resources, 25 years, except that any 

10 such lease may include an option to renew for one ad11 ditional term not to exceed 25 years.’’. 

12 SEC. 4009. NONAPPLICABILITY OF CERTAIN RULES. 

13 No rule promulgated by the Department of the Interior 

14 regarding hydraulic fracturing used in the development or 

15 production of oil or gas resources shall have any effect on 

16 any land held in trust or restricted status for the benefit 

17 of Indians except with the express consent of the beneficiary 

18 on whose behalf such land is held in trust or restricted sta19 tus. 

20 TITLE V—NORTHPORT 

21 IRRIGATION EARLY REPAYMENT 

22 SEC. 5001. EARLY REPAYMENT OF CONSTRUCTION COSTS. 

23 (a) IN GENERAL.—Notwithstanding section 213 of the 

24 Reclamation Reform Act of 1982 (43 U.S.C. 390mm), any 

25 landowner within the Northport Irrigation District in the 
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1 State of Nebraska (referred to in this section as the ‘‘Dis2 trict’’) may repay, at any time, the construction costs of 

3 project facilities allocated to the landowner’s land within 

4 the District. 

5 (b) APPLICABILITY OF FULL-COST PRICING LIMITA6 TIONS.—On discharge, in full, of the obligation for repay7 ment of all construction costs described in subsection (a) 

8 that are allocated to all land the landowner owns in the 

9 District in question, the parcels of land shall not be subject 

10 to the ownership and full-cost pricing limitations under 

11 Federal reclamation law (the Act of June 17, 1902, 32 Stat. 

12 388, chapter 1093), and Acts supplemental to and amend13 atory of that Act (43 U.S.C. 371 et seq.), including the Rec14 lamation Reform Act of 1982 (13 U.S.C. 390aa et seq.). 

15 (c) CERTIFICATION.—On request of a landowner that 

16 has repaid, in full, the construction costs described in sub17 section (a), the Secretary of the Interior shall provide to 

18 the landowner a certificate described in section 213(b)(1) 

19 of the Reclamation Reform Act of 1982 (43 U.S.C. 

20 390mm(b)(1)). 

21 (d) EFFECT.—Nothing in this section— 

22 (1) modifies any contractual rights under, or 

23 amends or reopens, the reclamation contract between 

24 the District and the United States; or 
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1 (2) modifies any rights, obligations, or relation2 ships between the District and landowners in the Dis3 trict under Nebraska State law. 

4 TITLE VI—OCMULGEE MOUNDS 

5 NATIONAL HISTORICAL PARK 

6 BOUNDARY REVISION ACT 

7 SEC. 6001. SHORT TITLE. 

8 This title may be cited as the ‘‘Ocmulgee Mounds Na9 tional Historical Park Boundary Revision Act of 2016’’. 

10 SEC. 6002. DEFINITIONS. 

11 In this Act: 

12 (1) MAP.—The term ‘‘map’’ means the map enti13 tled ‘‘Ocmulgee National Monument Proposed Bound14 ary Adjustment, numbered 363/125996’’, and dated 

15 January 2016. 

16 (2) HISTORICAL PARK.—The term ‘‘Historical 

17 Park’’ means the Ocmulgee Mounds National Histor18 ical Park in the State of Georgia, as redesignated in 

19 section 6003. 

20 (3) SECRETARY.—The term ‘‘Secretary’’ means 

21 the Secretary of the Interior. 

22 SEC. 6003. OCMULGEE MOUNDS NATIONAL HISTORICAL 

23 PARK. 

24 (a) REDESIGNATION.—Ocmulgee National Monument, 

25 established pursuant to the Act of June 14, 1934 (48 Stat. 
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1 958), shall be known and designated as ‘‘Ocmulgee Mounds 

2 National Historical Park’’. 

3 (b) REFERENCES.—Any reference in a law, map, regu4 lation, document, paper, or other record of the United 

5 States to ‘‘Ocmulgee National Monument’’, other than in 

6 this Act, shall be deemed to be a reference to ‘‘Ocmulgee 

7 Mounds National Historical Park’’. 

8 SEC. 6004. BOUNDARY ADJUSTMENT. 

9 (a) IN GENERAL.—The boundary of the Historical 

10 Park is revised to include approximately 2,100 acres, as 

11 generally depicted on the map. 

12 (b) AVAILABILITY OF MAP.—The map shall be on file 

13 and available for public inspection in the appropriate of14 fices of the National Park Service, the Department of the 

15 Interior. 

16 SEC. 6005. LAND ACQUISITION; NO BUFFER ZONES. 

17 (a) LAND ACQUISITION.—The Secretary is authorized 

18 to acquire land and interests in land within the boundaries 

19 of the Historical Park by donation or exchange only (and 

20 in the case of an exchange, no payment may be made by 

21 the Secretary to any landowner). The Secretary may not 

22 acquire by condemnation any land or interest in land with23 in the boundaries of the Historical Park. No private prop24 erty or non-Federal public property shall be included with-
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1 in the boundaries of the Historical Park without the written 

2 consent of the owner of such property. 

3 (b) NO BUFFER ZONES.—Nothing in this Act, the es4 tablishment of the Historical Park, or the management of 

5 the Historical Park shall be construed to create buffer zones 

6 outside of the Historical Park. That an activity or use can 

7 be seen or heard from within the Historical Park shall not 

8 preclude the conduct of that activity or use outside the His9 torical Park. 

10 SEC. 6006. ADMINISTRATION. 

11 The Secretary shall administer any land acquired 

12 under section 6005 as part of the Historical Park in accord13 ance with applicable laws and regulations. 

14 SEC. 6007. OCMULGEE RIVER CORRIDOR SPECIAL RE15 SOURCE STUDY. 

16 (a) IN GENERAL.—The Secretary shall conduct a spe17 cial resource study of the Ocmulgee River corridor between 

18 the cities of Macon, Georgia, and Hawkinsville, Georgia, 

19 to determine— 

20 (1) the national significance of the study area; 

21 (2) the suitability and feasibility of adding lands 

22 in the study area to the National Park System; and 

23 (3) the methods and means for the protection 

24 and interpretation of the study area by the National 

25 Park Service, other Federal, State, local government 
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1 entities, affiliated federally recognized Indian tribes, 

2 or private or nonprofit organizations. 

3 (b) CRITERIA.—The Secretary shall conduct the study 

4 authorized by this Act in accordance with section 100507 

5 of title 54, United States Code. 

6 (c) RESULTS OF STUDY.—Not later than 3 years after 

7 the date on which funds are made available to carry out 

8 this section, the Secretary shall submit to the Committee 

9 on Natural Resources of the House of Representatives and 

10 the Committee on Energy and Natural Resources of the Sen11 ate— 

12 (1) the results of the study; and 

13 (2) any findings, conclusions, and recommenda14 tions of the Secretary. 

15 TITLE VII—MEDGAR EVERS 

16 HOUSE STUDY ACT 

17 SEC. 7001. SHORT TITLE. 

18 This title may be cited as the ‘‘Medgar Evers House 

19 Study Act’’. 

20 SEC. 7002. SPECIAL RESOURCE STUDY. 

21 (a) STUDY.—The Secretary of the Interior shall con22 duct a special resource study of the home of the late civil 

23 rights activist Medgar Evers, located at 2332 Margaret 

24 Walker Alexander Drive in Jackson, Mississippi. 
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1 (b) CONTENTS.—In conducting the study under sub2 section (a), the Secretary shall— 

3 (1) evaluate the national significance of the site; 

4 (2) determine the suitability and feasibility of 

5 designating the site as a unit of the National Park 

6 System; 

7 (3) consider other alternatives for preservation, 

8 protection, and interpretation of the site by Federal, 

9 State, or local governmental entities, or private and 

10 nonprofit organizations; 

11 (4) consult with interested Federal, State, or 

12 local governmental entities, private and nonprofit or13 ganizations or any other interested individuals; 

14 (5) determine the effect of the designation of the 

15 site as a unit of the National Park System on exist16 ing commercial and recreational uses, and the effect 

17 on State and local governments to manage those ac18 tivities; 

19 (6) identify any authorities, including con20 demnation, that will compel or permit the Secretary 

21 to influence or participate in local land use decisions 

22 (such as zoning) or place restrictions on non-Federal 

23 land if the site is designated a unit of the National 

24 Park System; and 
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1 (7) identify cost estimates for any Federal acqui2 sition, development, interpretation, operation, and 

3 maintenance associated with the alternatives. 

4 (c) APPLICABLE LAW.—The study required under sub5 section (a) shall be conducted in accordance with section 

6 100507 of title 54, United States Code. 

7 (d) STUDY RESULTS.—Not later than 3 years after the 

8 date on which funds are first made available for the study 

9 under subsection (a), the Secretary shall submit to the Com10 mittee on Natural Resources of the House of Representatives 

11 and the Committee on Energy and Natural Resources of 

12 the Senate the results of the study and any conclusions and 

13 recommendations of the Secretary. 

14 TITLE VIII—SKY POINT 

15 MOUNTAIN DESIGNATION 

16 SEC. 8001. FINDINGS. 

17 Congress finds the following: 

18 (1) Staff Sergeant Sky Mote, USMC, grew up in 

19 El Dorado, California. 

20 (2) Staff Sergeant Mote graduated from Union 

21 Mine High School. 

22 (3) Upon graduation, Staff Sergeant Mote 

23 promptly enlisted in the Marine Corps. 

24 (4) Staff Sergeant Mote spent 9 years serving his 

25 country in the United States Marine Corps, including 
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1 a deployment to Iraq and two deployments to Afghan2 istan. 

3 (5) By his decisive actions, heroic initiative, and 

4 resolute dedication to duty, Staff Sergeant Mote gave 

5 his life to protect fellow Marines on August 10, 2012, 

6 by gallantly rushing into action during an attack by 

7 a rogue Afghan policeman inside the base perimeter 

8 in Helmand province. 

9 (6) Staff Sergeant Mote was awarded the Navy 

10 Cross, a Purple Heart, the Navy-Marine Corps Com11 mendation Medal, a Navy-Marine Corps Achievement 

12 Medal, two Combat Action Ribbons, and three Good 

13 Conduct Medals. 

14 (7) The Congress of the United States, in ac15 knowledgment of this debt that cannot be repaid, hon16 ors Staff Sergeant Mote for his ultimate sacrifice and 

17 recognizes his service to his country, faithfully exe18 cuted to his last, full measure of devotion. 

19 (8) A presently unnamed peak in the center of 

20 Humphrey Basin holds special meaning to the friends 

21 and family of Sky Mote, as their annual hunting 

22 trips set up camp beneath this point; under the stars, 

23 the memories made beneath this rounded peak will be 

24 cherished forever. 
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1 SEC. 8002. SKY POINT. 

2 (a) DESIGNATION.—The mountain in the John Muir 

3 Wilderness of the Sierra National Forest in California, lo4 cated at 37°15′16.10091′′N 118°43′39.54102′′W, shall be 

5 known and designated as ‘‘Sky Point’’. 

6 (b) REFERENCES.—Any reference in a law, map, regu7 lation, document, record, or other paper of the United 

8 States to the mountain described in subsection (a) shall be 

9 considered to be a reference to ‘‘Sky Point’’. 

10 TITLE IX—CHIEF STANDING 

11 BEAR TRAIL STUDY 

12 SEC. 9001. CHIEF STANDING BEAR NATIONAL HISTORIC 

13 TRAIL FEASIBILITY STUDY. 

14 Section 5(c) of the National Trails System Act (16 

15 U.S.C. 1244(c)) is amended by adding at the end the fol16 lowing: 

17 ‘‘(46) CHIEF STANDING BEAR NATIONAL HIS18 TORIC TRAIL.— 

19 ‘‘(A) IN GENERAL.—The Chief Standing 

20 Bear Trail, extending approximately 550 miles 

21 from Niobrara, Nebraska, to Ponca City, Okla22 homa, which follows the route taken by Chief 

23 Standing Bear and the Ponca people during 

24 Federal Indian removal, and approximately 550 

25 miles from Ponca City, Oklahoma, through 

26 Omaha, Nebraska, to Niobrara, Nebraska, which 
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1 follows the return route taken by Chief Standing 

2 Bear and the Ponca people, as generally depicted 

3 on the map entitled ‘Chief Standing Bear Na4 tional Historic Trail Feasibility Study’, num5 bered 903/125,630, and dated November 2014. 

6 ‘‘(B) AVAILABILITY OF MAP.—The map de7 scribed in subparagraph (A) shall be on file and 

8 available for public inspection in the appro9 priate offices of the Department of the Interior. 

10 ‘‘(C) COMPONENTS.—The feasibility study 

11 conducted under subparagraph (A) shall include 

12 a determination on whether the Chief Standing 

13 Bear Trail meets the criteria described in sub14 section (b) for designation as a national historic 

15 trail. 

16 ‘‘(D) CONSIDERATIONS.—In conducting the 

17 feasibility study under subparagraph (A), the 

18 Secretary of the Interior shall consider input 

19 from owners of private land within or adjacent 

20 to the study area.’’. 

21 TITLE X—JOHN MUIR NATIONAL 

22 HISTORIC SITE EXPANSION ACT 

23 SEC. 10001. SHORT TITLE. 

24 This title may be cited as the ‘‘John Muir National 

25 Historic Site Expansion Act’’. 
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1 SEC. 10002. JOHN MUIR NATIONAL HISTORIC SITE LAND AC2 QUISITION. 

3 (a) ACQUISITION.—The Secretary of the Interior may 

4 acquire by donation the approximately 44 acres of land, 

5 and interests in such land, that are identified on the map 

6 entitled ‘‘John Muir National Historic Site Proposed 

7 Boundary Expansion’’, numbered 426/127150, and dated 

8 November, 2014. 

9 (b) BOUNDARY.—Upon the acquisition of the land au10 thorized by subsection (a), the Secretary of the Interior shall 

11 adjust the boundaries of the John Muir Historic Site in 

12 Martinez, California, to include the land identified on the 

13 map referred to in subsection (a). 

14 (c) ADMINISTRATION.—The land and interests in land 

15 acquired under subsection (a) shall be administered as part 

16 of the John Muir National Historic Site established by the 

17 Act of August 31, 1964 (Public Law 88–547; 78 Stat. 753; 

18 16 U.S.C. 461 note). 

19 TITLE XI—ARAPAHO NATIONAL 

20 FOREST BOUNDARY ADJUST21 MENT ACT 

22 SEC. 11001. SHORT TITLE. 

23 This title may be cited as the ‘‘Arapaho National For24 est Boundary Adjustment Act of 2015’’. 
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1 SEC. 11002. ARAPAHO NATIONAL FOREST BOUNDARY AD2 JUSTMENT. 

3 (a) IN GENERAL.—The boundary of the Arapaho Na4 tional Forest in the State of Colorado is adjusted to incor5 porate the approximately 92.95 acres of land generally de6 picted as ‘‘The Wedge’’ on the map entitled ‘‘Arapaho Na7 tional Forest Boundary Adjustment’’ and dated November 

8 6, 2013, and described as lots three, four, eight, and nine 

9 of section 13, Township 4 North, Range 76 West, Sixth 

10 Principal Meridian, Colorado. A lot described in this sub11 section may be included in the boundary adjustment only 

12 after the Secretary of Agriculture obtains written permis13 sion for such action from the lot owner or owners. 

14 (b) BOWEN GULCH PROTECTION AREA.—The Sec15 retary of Agriculture shall include all Federal land within 

16 the boundary described in subsection (a) in the Bowen 

17 Gulch Protection Area established under section 6 of the 

18 Colorado Wilderness Act of 1993 (16 U.S.C. 539j). 

19 (c) LAND AND WATER CONSERVATION FUND.—For 

20 purposes of section 200306(a)(2)(B)(i) of title 54, United 

21 States Code, the boundaries of the Arapaho National Forest, 

22 as modified under subsection (a), shall be considered to be 

23 the boundaries of the Arapaho National Forest as in exist24 ence on January 1, 1965. 
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1 (d) PUBLIC MOTORIZED USE.—Nothing in this Act 

2 opens privately owned lands within the boundary described 

3 in subsection (a) to public motorized use. 

4 (e) ACCESS TO NON-FEDERAL LANDS.—Notwith5 standing the provisions of section 6(f) of the Colorado Wil6 derness Act of 1993 (16 U.S.C. 539j(f)) regarding motorized 

7 travel, the owners of any non-Federal lands within the 

8 boundary described in subsection (a) who historically have 

9 accessed their lands through lands now or hereafter owned 

10 by the United States within the boundary described in sub11 section (a) shall have the continued right of motorized access 

12 to their lands across the existing roadway. 

13 TITLE XII—PRESERVATION RE14 SEARCH AT INSTITUTIONS 

15 SERVING MINORITIES ACT 

16 SEC. 12001. SHORT TITLE. 

17 This title may be cited as the ‘‘Preservation Research 

18 at Institutions Serving Minorities Act’’ or the ‘‘PRISM 

19 Act’’. 
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1 SEC. 12002. ELIGIBILITY OF HISPANIC-SERVING INSTITU2 TIONS AND ASIAN AMERICAN AND NATIVE 

3 AMERICAN PACIFIC ISLANDER-SERVING IN4 STITUTIONS FOR ASSISTANCE FOR PRESER5 VATION EDUCATION AND TRAINING PRO6 GRAMS. 

7 Section 303903(3) of title 54, United States Code, is 

8 amended by inserting ‘‘to Hispanic-serving institutions (as 

9 defined in section 502(a) of the Higher Education Act of 

10 1965 (20 U.S.C. 1101a(a))) and Asian American and Na11 tive American Pacific Islander-serving institutions (as de12 fined in section 320(b) of the Higher Education Act of 1965 

13 (20 U.S.C. 1059g(b))),’’ after ‘‘universities,’’. 

14 TITLE XIII—ELKHORN RANCH 

15 AND WHITE RIVER NATIONAL 

16 FOREST CONVEYANCE ACT 

17 SEC. 13001. SHORT TITLE. 

18 This title may be cited as the ‘‘Elkhorn Ranch and 

19 White River National Forest Conveyance Act of 2015’’. 

20 SEC. 13002. LAND CONVEYANCE, ELKHORN RANCH AND 

21 WHITE RIVER NATIONAL FOREST, COLORADO. 

22 (a) LAND CONVEYANCE REQUIRED.—Consistent with 

23 the purpose of the Act of March 3, 1909 (43 U.S.C. 772), 

24 all right, title, and interest of the United States (subject 

25 to subsection (b)) in and to a parcel of land consisting of 

26 approximately 148 acres as generally depicted on the map 
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1 entitled ‘‘Elkhorn Ranch Land Parcel–White River Na2 tional Forest’’ and dated March 2015 shall be conveyed by 

3 patent to the Gordman-Leverich Partnership, a Colorado 

4 Limited Liability Partnership (in this section referred to 

5 as ‘‘GLP’’). 

6 (b) EXISTING RIGHTS.—The conveyance under sub7 section (a)— 

8 (1) is subject to the valid existing rights of the 

9 lessee of Federal oil and gas lease COC–75070 and 

10 any other valid existing rights; and 

11 (2) shall reserve to the United States the right to 

12 collect rent and royalty payments on the lease re13 ferred to in paragraph (1) for the duration of the 

14 lease. 

15 (c) EXISTING BOUNDARIES.—The conveyance under 

16 subsection (a) does not modify the exterior boundary of the 

17 White River National Forest or the boundaries of Sections 

18 18 and 19 of Township 7 South, Range 93 West, Sixth 

19 Principal Meridian, Colorado, as such boundaries are in 

20 effect on the date of the enactment of this Act. 

21 (d) TIME FOR CONVEYANCE; PAYMENT OF COSTS.— 

22 The conveyance directed under subsection (a) shall be com23 pleted not later than 180 days after the date of the enact24 ment of this Act. The conveyance shall be without consider25 ation, except that all costs incurred by the Secretary of the 
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1 Interior relating to any survey, platting, legal description, 

2 or other activities carried out to prepare and issue the pat3 ent shall be paid by GLP to the Secretary prior to the land 

4 conveyance. 

5 TITLE XIV—NATIONAL LIBERTY 

6 MEMORIAL CLARIFICATION ACT 

7 SEC. 14001. SHORT TITLE. 

8 This title may be cited as the ‘‘National Liberty Memo9 rial Clarification Act of 2015’’. 

10 SEC. 14002. COMPLIANCE WITH CERTAIN STANDARDS FOR 

11 COMMEMORATIVE WORKS IN ESTABLISH12 MENT OF NATIONAL LIBERTY MEMORIAL. 

13 Section 2860(c) of the Military Construction Author14 ization Act for Fiscal Year 2013 (division B of Public Law 

15 112–239; 40 U.S.C. 8903 note) is amended by striking the 

16 period at the end and inserting the following: ‘‘, except that, 

17 under subsections (a)(2) and (b) of section 8905, the Sec18 retary of Agriculture, rather than the Secretary of the Inte19 rior or the Administrator of General Services, shall be re20 sponsible for the consideration of site and design proposals 

21 and the submission of such proposals on behalf of the spon22 sor to the Commission of Fine Arts and National Capital 

23 Planning Commission.’’. 
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1 TITLE XV—CRAGS, COLORADO 

2 LAND EXCHANGE ACT 

3 SEC. 15001. SHORT TITLE. 

4 This title may be cited as the ‘‘Crags, Colorado Land 

5 Exchange Act of 2015’’. 

6 SEC. 15002. PURPOSES. 

7 The purposes of this title are— 

8 (1) to authorize, direct, expedite, and facilitate 

9 the land exchange set forth herein; and 

10 (2) to promote enhanced public outdoor rec11 reational and natural resource conservation opportu12 nities in the Pike National Forest near Pikes Peak, 

13 Colorado, via acquisition of the non-Federal land and 

14 trail easement. 

15 SEC. 15003. DEFINITIONS. 

16 In this Act: 

17 (1) BHI.—The term ‘‘BHI’’ means Broadmoor 

18 Hotel, Inc., a Colorado corporation. 

19 (2) FEDERAL LAND.—The term ‘‘Federal land’’ 

20 means all right, title, and interest of the United 

21 States in and to approximately 83 acres of land with22 in the Pike National Forest, El Paso County, Colo23 rado, together with a non-exclusive perpetual access 

24 easement to BHI to and from such land on Forest 

25 Service Road 371, as generally depicted on the map 
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1 entitled ‘‘Proposed Crags Land Exchange–Federal 

2 Parcel–Emerald Valley Ranch’’, dated March 2015. 

3 (3) NON-FEDERAL LAND.—The term ‘‘non-Fed4 eral land’’ means the land and trail easement to be 

5 conveyed to the Secretary by BHI in the exchange 

6 and is— 

7 (A) approximately 320 acres of land within 

8 the Pike National Forest, Teller County, Colo9 rado, as generally depicted on the map entitled 

10 ‘‘Proposed Crags Land Exchange–Non-Federal 

11 Parcel–Crags Property’’, dated March 2015; and 

12 (B) a permanent trail easement for the 

13 Barr Trail in El Paso County, Colorado, as gen14 erally depicted on the map entitled ‘‘Proposed 

15 Crags Land Exchange–Barr Trail Easement to 

16 United States’’, dated March 2015, and which 

17 shall be considered as a voluntary donation to 

18 the United States by BHI for all purposes of 

19 law. 

20 (4) SECRETARY.—The term ‘‘Secretary’’ means 

21 the Secretary of Agriculture, unless otherwise speci22 fied. 

23 SEC. 15004. LAND EXCHANGE. 

24 (a) IN GENERAL.—If BHI offers to convey to the Sec25 retary all right, title, and interest of BHI in and to the 
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1 non-Federal land, the Secretary shall accept the offer and 

2 simultaneously convey to BHI the Federal land. 

3 (b) LAND TITLE.—Title to the non-Federal land con4 veyed and donated to the Secretary under this Act shall be 

5 acceptable to the Secretary and shall conform to the title 

6 approval standards of the Attorney General of the United 

7 States applicable to land acquisitions by the Federal Gov8 ernment. 

9 (c) PERPETUAL ACCESS EASEMENT TO BHI.—The 

10 nonexclusive perpetual access easement to be granted to 

11 BHI as shown on the map referred to in section 15003(2) 

12 shall allow— 

13 (1) BHI to fully maintain, at BHI’s expense, 

14 and use Forest Service Road 371 from its junction 

15 with Forest Service Road 368 in accordance with his16 toric use and maintenance patterns by BHI; and 

17 (2) full and continued public and administrative 

18 access and use of FSR 371 in accordance with the ex19 isting Forest Service travel management plan, or as 

20 such plan may be revised by the Secretary. 

21 (d) ROUTE AND CONDITION OF ROAD.—BHI and the 

22 Secretary may mutually agree to improve, relocate, recon23 struct, or otherwise alter the route and condition of all or 

24 portions of such road as the Secretary, in close consultation 

25 with BHI, may determine advisable. 
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1 (e) EXCHANGE COSTS.—BHI shall pay for all land 

2 survey, appraisal, and other costs to the Secretary as may 

3 be necessary to process and consummate the exchange di4 rected by this Act, including reimbursement to the Sec5 retary, if the Secretary so requests, for staff time spent in 

6 such processing and consummation. 

7 SEC. 15005. EQUAL VALUE EXCHANGE AND APPRAISALS. 

8 (a) APPRAISALS.—The values of the lands to be ex9 changed under this Act shall be determined by the Secretary 

10 through appraisals performed in accordance with— 

11 (1) the Uniform Appraisal Standards for Fed12 eral Land Acquisitions; 

13 (2) the Uniform Standards of Professional Ap14 praisal Practice; 

15 (3) appraisal instructions issued by the Sec16 retary; and 

17 (4) shall be performed by an appraiser mutually 

18 agreed to by the Secretary and BHI. 

19 (b) EQUAL VALUE EXCHANGE.—The values of the Fed20 eral and non-Federal land parcels exchanged shall be equal, 

21 or if they are not equal, shall be equalized as follows: 

22 (1) SURPLUS OF FEDERAL LAND VALUE.—If the 

23 final appraised value of the Federal land exceeds the 

24 final appraised value of the non-Federal land parcel 

25 identified in section 15003(3)(A), BHI shall make a 
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1 cash equalization payment to the United States as 

2 necessary to achieve equal value, including, if nec3 essary, an amount in excess of that authorized pursu4 ant to section 206(b) of the Federal Land Policy and 

5 Management Act of l976 (43 U.S.C. 1716(b)). 

6 (2) USE OF FUNDS.—Any cash equalization 

7 moneys received by the Secretary under paragraph 

8 (1) shall be— 

9 (A) deposited in the fund established under 

10 Public Law 90–171 (commonly known as the 

11 ‘‘Sisk Act’’; 16 U.S.C. 484a); and 

12 (B) made available to the Secretary for the 

13 acquisition of land or interests in land in Re14 gion 2 of the Forest Service. 

15 (3) SURPLUS OF NON-FEDERAL LAND VALUE.—If 

16 the final appraised value of the non-Federal land par17 cel identified in section 15003(3)(A) exceeds the final 

18 appraised value of the Federal land, the United 

19 States shall not make a cash equalization payment to 

20 BHI, and surplus value of the non-Federal land shall 

21 be considered a donation by BHI to the United States 

22 for all purposes of law. 

23 (c) APPRAISAL EXCLUSIONS.— 

24 (1) SPECIAL USE PERMIT.—The appraised value 

25 of the Federal land parcel shall not reflect any in-
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1 crease or diminution in value due to the special use 

2 permit existing on the date of the enactment of this 

3 Act to BHI on the parcel and improvements there4 under. 

5 (2) BARR TRAIL EASEMENT.—The Barr Trail 

6 easement donation identified in section 15003(3)(B) 

7 shall not be appraised for purposes of this Act. 

8 SEC. 15006. MISCELLANEOUS PROVISIONS. 

9 (a) WITHDRAWAL PROVISIONS.— 

10 (1) WITHDRAWAL.—Lands acquired by the Sec11 retary under this Act shall, without further action by 

12 the Secretary, be permanently withdrawn from all 

13 forms of appropriation and disposal under the public 

14 land laws (including the mining and mineral leasing 

15 laws) and the Geothermal Steam Act of 1930 (30 

16 U.S.C. 1001 et seq.). 

17 (2) WITHDRAWAL REVOCATION.—Any public 

18 land order that withdraws the Federal land from ap19 propriation or disposal under a public land law shall 

20 be revoked to the extent necessary to permit disposal 

21 of the Federal land parcel to BHI. 

22 (3) WITHDRAWAL OF FEDERAL LAND.—All Fed23 eral land authorized to be exchanged under this Act, 

24 if not already withdrawn or segregated from appro25 priation or disposal under the public lands laws upon 
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1 enactment of this Act, is hereby so withdrawn, subject 

2 to valid existing rights, until the date of conveyance 

3 of the Federal land to BHI. 

4 (b) POSTEXCHANGE LAND MANAGEMENT.—Land ac5 quired by the Secretary under this Act shall become part 

6 of the Pike-San Isabel National Forest and be managed in 

7 accordance with the laws, rules, and regulations applicable 

8 to the National Forest System. 

9 (c) EXCHANGE TIMETABLE.—It is the intent of Con10 gress that the land exchange directed by this Act be con11 summated no later than 1 year after the date of the enact12 ment of this Act. 

13 (d) MAPS, ESTIMATES, AND DESCRIPTIONS.— 

14 (1) MINOR ERRORS.—The Secretary and BHI 

15 may by mutual agreement make minor boundary ad16 justments to the Federal and non-Federal lands in17 volved in the exchange, and may correct any minor 

18 errors in any map, acreage estimate, or description of 

19 any land to be exchanged. 

20 (2) CONFLICT.—If there is a conflict between a 

21 map, an acreage estimate, or a description of land 

22 under this Act, the map shall control unless the Sec23 retary and BHI mutually agree otherwise. 

24 (3) AVAILABILITY.—Upon enactment of this Act, 

25 the Secretary shall file and make available for public 
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1 inspection in the headquarters of the Pike-San Isabel 

2 National Forest a copy of all maps referred to in this 

3 Act. 

4 TITLE XVI—REMOVE REVER5 SIONARY INTEREST IN ROCK6 INGHAM COUNTY LAND 

7 SEC. 16001. REMOVAL OF USE RESTRICTION. 

8 Public Law 101–479 (104 Stat. 1158) is amended— 

9 (1) by striking section 2(d); and 

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

11 ‘‘SEC. 4. REMOVAL OF USE RESTRICTION. 

12 ‘‘(a) The approximately 1-acre portion of the land re13 ferred to in section 3 that is used for purposes of a child 

14 care center, as authorized by this Act, shall not be subject 

15 to the use restriction imposed in the deed referred to in sec16 tion 3. 

17 ‘‘(b) Upon enactment of this section, the Secretary of 

18 the Interior shall execute an instrument to carry out sub19 section (a).’’. 

20 TITLE XVII—COLTSVILLE 

21 NATIONAL HISTORICAL PARK 

22 SEC. 17001. AMENDMENT TO COLTSVILLE NATIONAL HIS23 TORICAL PARK DONATION SITE. 

24 Section 3032(b) of Public Law 113–291 (16 U.S.C. 

25 410qqq) is amended— 
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1 (1) in paragraph (2)(B), by striking ‘‘East Ar2 mory’’ and inserting ‘‘Colt Armory Complex’’; and 

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

4 ‘‘(4) ADDITIONAL ADMINISTRATIVE CONDI5 TIONS.—No non-Federal property may be included in 

6 the park without the written consent of the owner. 

7 The establishment of the park or the management of 

8 the park shall not be construed to create buffer zones 

9 outside of the park. That activities or uses can be 

10 seen, heard or detected from areas within the park 

11 shall not preclude, limit, control, regulate, or deter12 mine the conduct or management of activities or uses 

13 outside of the park.’’. 

14 TITLE XVIII—MARTIN LUTHER 

15 KING, JR. NATIONAL HISTOR16 ICAL PARK ACT 

17 SEC. 18001. SHORT TITLE. 

18 This title may be cited as the ‘‘Martin Luther King, 

19 Jr. National Historical Park Act of 2016’’. 

20 SEC. 18002. MARTIN LUTHER KING, JR. NATIONAL HISTOR21 ICAL PARK. 

22 The Act entitled ‘‘An Act to establish the Martin Lu23 ther King, Junior, National Historic Site in the State of 

24 Georgia, and for other purposes’’ (Public Law 96–428) is 

25 amended— 
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1 (1) in subsection (a) of the first section, by strik2 ing ‘‘the map entitled ‘Martin Luther King, Junior, 

3 National Historic Site Boundary Map’, number 489/ 

4 80,013B, and dated September 1992’’ and inserting 

5 ‘‘the map entitled ‘Martin Luther King, Jr. National 

6 Historical Park Proposed Boundary Revision’, num7 bered 489/128,786 and dated June 2015’’; 

8 (2) by striking ‘‘Martin Luther King, Junior, 

9 National Historic Site’’ each place it appears and in10 serting ‘‘Martin Luther King, Jr. National Historical 

11 Park’’; 

12 (3) by striking ‘‘national historic site’’ each 

13 place it appears and inserting ‘‘national historical 

14 park’’; 

15 (4) by striking ‘‘historic site’’ each place it ap16 pears and inserting ‘‘historical park’’; and 

17 (5) by striking ‘‘historic sites’’ in section 2(a) 

18 and inserting ‘‘historical parks’’. 

19 SEC. 18003. REFERENCES. 

20 Any reference in a law (other than this Act), map, reg21 ulation, document, paper, or other record of the United 

22 States to ‘‘Martin Luther King, Junior, National Historic 

23 Site’’ shall be deemed to be a reference to ‘‘Martin Luther 

24 King, Jr. National Historical Park’’. 
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1 TITLE XIX—EXTENSION OF THE 

2 AUTHORIZATION FOR THE 

3 GULLAH/GEECHEE CULTURAL 

4 HERITAGE CORRIDOR COM5 MISSION 

6 SEC. 19001. EXTENSION OF THE AUTHORIZATION FOR THE 

7 GULLAH/GEECHEE CULTURAL HERITAGE 

8 CORRIDOR COMMISSION. 

9 Section 295D(d) of the Gullah/Geechee Cultural Herit10 age Act (Public Law 109–338; 120 Stat. 1833; 16 U.S.C. 

11 461 note) is amended by striking ‘‘10 years’’ and inserting 

12 ‘‘15 years’’. 

13 TITLE XX—9/11 MEMORIAL ACT 

14 SEC. 20001. SHORT TITLE. 

15 This title may be cited as the ‘‘9/11 Memorial Act’’. 

16 SEC. 20002. DEFINITIONS. 

17 For purposes of this Act: 

18 (1) ELIGIBLE ENTITY.—The term ‘‘eligible enti19 ty’’ means a nonprofit organization as defined in sec20 tion 501(c)(3) of the Internal Revenue Code of 1986 

21 (26 U.S.C. 501(c)(3)) in existence on the date of en22 actment of this Act. 

23 (2) MAP.—The term ‘‘map’’ means the map ti24 tled ‘‘National September 11 Memorial Proposed 
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1 Boundary’’, numbered 903/128928, and dated June 

2 2015. 

3 (3) NATIONAL SEPTEMBER 11 MEMORIAL.—The 

4 term ‘‘National September 11 Memorial’’ means the 

5 area approximately bounded by Fulton, Greenwich, 

6 Liberty and West Streets as generally depicted on the 

7 map. 

8 (4) SECRETARY.—The term ‘‘Secretary’’ means 

9 the Secretary of the Interior. 

10 SEC. 20003. DESIGNATION OF MEMORIAL. 

11 (a) DESIGNATION.—The National September 11 Me12 morial is hereby designated as a national memorial. 

13 (b) MAP.—The map shall be available for public in14 spection and kept on file at the appropriate office of the 

15 Secretary. 

16 (c) EFFECT OF DESIGNATION.—The national memo17 rial designated under this section shall not be a unit of the 

18 National Park System and the designation of the national 

19 memorial shall not be construed to require or authorize Fed20 eral funds to be expended for any purpose related to the 

21 national memorial except as provided under section 20004. 

22 SEC. 20004. COMPETITIVE GRANTS FOR CERTAIN MEMO23 RIALS. 

24 (a) COMPETITIVE GRANTS.—Subject to the availability 

25 of appropriations, the Secretary may award a single grant 
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1 per year through a competitive process to an eligible entity 

2 for the operation and maintenance of any memorial located 

3 within the United States established to commemorate the 

4 events of and honor— 

5 (1) the victims of the terrorist attacks on the 

6 World Trade Center, the Pentagon, and United Air7 lines Flight 93 on September 11, 2001; and 

8 (2) the victims of the terrorist attack on the 

9 World Trade Center on February 26, 1993. 

10 (b) AVAILABILITY.—Funds made available under this 

11 section shall remain available until expended. 

12 (c) CRITERIA.—In awarding grants under this section, 

13 the Secretary shall give greatest weight in the selection of 

14 eligible entities using the following criteria: 

15 (1) Experience in managing a public memorial 

16 that will benefit the largest number of visitors each 

17 calendar year. 

18 (2) Experience in managing a memorial of sig19 nificant size (4 acres or more). 

20 (3) Successful coordination and cooperation with 

21 Federal, State, and local governments in operating 

22 and managing the memorial. 

23 (4) Ability and commitment to use grant funds 

24 to enhance security at the memorial. 
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1 (5) Ability to use grant funds to increase the 

2 numbers of economically disadvantaged visitors to the 

3 memorial and surrounding areas. 

4 (d) SUMMARIES.—Not later than 30 days after the end 

5 of each fiscal year in which an eligible entity obligates or 

6 expends any part of a grant under this section, the eligible 

7 entity shall prepare and submit to the Secretary and Con8 gress a summary that— 

9 (1) specifies the amount of grant funds obligated 

10 or expended in the preceding fiscal year; 

11 (2) specifies the purpose for which the funds were 

12 obligated or expended; and 

13 (3) includes any other information the Secretary 

14 may require to more effectively administer the grant 

15 program. 

16 (e) SUNSET.—The authority to award grants under 

17 this section shall expire on the date that is 7 years after 

18 the date of the enactment of this Act. 
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1 TITLE XXI—KENNESAW MOUN2 TAIN NATIONAL BATTLE3 FIELD PARK BOUNDARY AD4 JUSTMENT ACT 

5 SEC. 21001. SHORT TITLE. 

6 This title may be cited as the ‘‘Kennesaw Mountain 

7 National Battlefield Park Boundary Adjustment Act of 

8 2015’’. 

9 SEC. 21002. FINDINGS. 

10 The Congress finds the following: 

11 (1) Kennesaw Mountain National Battlefield 

12 Park was authorized as a unit of the National Park 

13 System on June 26, 1935. Prior to 1935, parts of the 

14 park had been acquired and protected by Civil War 

15 veterans and the War Department. 

16 (2) Kennesaw Mountain National Battlefield 

17 Park protects Kennesaw Mountain and Kolb’s Farm, 

18 which are battle sites along the route of General Sher19 man’s 1864 campaign to take Atlanta. 

20 (3) Most of the park protects Confederate posi21 tions and strategy. The Wallis House is one of the few 

22 original structures remaining from the Battle of Ken23 nesaw Mountain associated with Union positions and 

24 strategy. 
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1 (4) The Wallis House is strategically located next 

2 to a Union signal station at Harriston Hill. 

3 SEC. 21003. BOUNDARY ADJUSTMENT; LAND ACQUISITION; 

4 ADMINISTRATION. 

5 (a) BOUNDARY ADJUSTMENT.—The boundary of the 

6 Kennesaw Mountain National Battlefield Park is modified 

7 to include the approximately 8 acres identified as ‘‘Wallis 

8 House and Harriston Hill’’, and generally depicted on the 

9 map titled ‘‘Kennesaw Mountain National Battlefield Park, 

10 Proposed Boundary Adjustment’’, numbered 325/80,020, 

11 and dated February 2010. 

12 (b) MAP.—The map referred to in subsection (a) shall 

13 be on file and available for inspection in the appropriate 

14 offices of the National Park Service. 

15 (c) LAND ACQUISITION.—The Secretary of the Interior 

16 is authorized to acquire, from willing owners only, land or 

17 interests in land described in subsection (a) by donation 

18 or exchange. 

19 (d) ADMINISTRATION OF ACQUIRED LANDS.—The Sec20 retary of the Interior shall administer land and interests 

21 in land acquired under this section as part of the Kennesaw 

22 Mountain National Battlefield Park in accordance with ap23 plicable laws and regulations. 

24 (e) WRITTEN CONSENT OF OWNER.—No non-Federal 

25 property may be included in the Kennesaw Mountain Na-
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1 tional Battlefield Park without the written consent of the 

2 owner. This provision shall apply only to those portions 

3 of the Park added under subsection (a). 

4 (f) NO USE OF CONDEMNATION.—The Secretary of the 

5 Interior may not acquire by condemnation any land or in6 terests in land under this Act or for the purposes of this 

7 Act. 

8 (g) NO BUFFER ZONE CREATED.—Nothing in this 

9 Act, the establishment of the Kennesaw Mountain National 

10 Battlefield Park, or the management plan for the Kennesaw 

11 Mountain National Battlefield Park shall be construed to 

12 create buffer zones outside of the Park. That activities or 

13 uses can be seen, heard, or detected from areas within the 

14 Kennesaw Mountain National Battlefield Park shall not 

15 preclude, limit, control, regulate or determine the conduct 

16 or management of activities or uses outside the Park. 

17 TITLE XXII—VEHICLE ACCESS AT 

18 DELAWARE WATER GAP NA19 TIONAL RECREATION AREA 

20 SEC. 22001. VEHICULAR ACCESS AND FEES. 

21 Section 4 of the Delaware Water Gap National Recre22 ation Area Improvement Act (Public Law 109–156) is 

23 amended to read as follows: 
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1 ‘‘SEC. 4. USE OF CERTAIN ROADS WITHIN THE RECREATION 

2 AREA. 

3 ‘‘(a) IN GENERAL.—Except as otherwise provided in 

4 this section, Highway 209, a federally owned road within 

5 the boundaries of the Recreation Area, shall be closed to all 

6 commercial vehicles. 

7 ‘‘(b) EXCEPTION FOR LOCAL BUSINESS USE.—Until 

8 September 30, 2020, subsection (a) shall not apply with re9 spect to the use of commercial vehicles that have four or 

10 fewer axles and are— 

11 ‘‘(1) owned and operated by a business phys12 ically located in— 

13 ‘‘(A) the Recreation Area; or 

14 ‘‘(B) one or more adjacent municipalities; 

15 or 

16 ‘‘(2) necessary to provide services to businesses or 

17 persons located in— 

18 ‘‘(A) the Recreation Area; or 

19 ‘‘(B) one of more adjacent municipalities. 

20 ‘‘(c) FEE.—The Secretary shall establish a fee and per21 mit program for the use by commercial vehicles of Highway 

22 209 under subsection (b). The program shall include an an23 nual fee not to exceed $200 per vehicle. All fees received 

24 under the program shall be set aside in a special account 

25 and be available, without further appropriation, to the Sec26 retary for the administration and enforcement of the pro-
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1 gram, including registering vehicles, issuing permits and 

2 vehicle identification stickers, and personnel costs. 

3 ‘‘(d) EXCEPTIONS.—The following vehicles may use 

4 Highway 209 and shall not be subject to a fee or permit 

5 requirement under subsection (c): 

6 ‘‘(1) Local school buses. 

7 ‘‘(2) Fire, ambulance, and other safety and emer8 gency vehicles. 

9 ‘‘(3) Commercial vehicles using Federal Road 

10 Route 209, from— 

11 ‘‘(A) Milford to the Delaware River Bridge 

12 leading to U.S. Route 206 in New Jersey; and 

13 ‘‘(B) mile 0 of Federal Road Route 209 to 

14 Pennsylvania State Route 2001.’’. 

15 SEC. 22002. DEFINITIONS. 

16 Section 2 of the Delaware Water Gap National Recre17 ation Area Improvement Act (Public Law 109–156) is 

18 amended— 

19 (1) by redesignating paragraphs (1) through (5) 

20 as paragraphs (2) through (6), respectively; and 

21 (2) by inserting before paragraph (2) (as so re22 designated by paragraph (1) of this section) the fol23 lowing: 

24 ‘‘(1) ADJACENT MUNICIPALITIES.—The term ‘ad25 jacent municipalities’ means Delaware Township, 
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1 Dingman Township, Lehman Township, Matamoras 

2 Borough, Middle Smithfield Township, Milford Bor3 ough, Milford Township, Smithfield Township and 

4 Westfall Township, in Pennsylvania.’’. 

5 SEC. 22003. CONFORMING AMENDMENT. 

6 Section 702 of the Omnibus Parks and Public Lands 

7 Management Act of 1996 (Public Law 104–333) is repealed. 

8 TITLE XXIII—GULF ISLANDS NA9 TIONAL SEASHORE LAND EX10 CHANGE ACT 

11 SEC. 23001. SHORT TITLE. 

12 This title may be cited as the ‘‘Gulf Islands National 

13 Seashore Land Exchange Act of 2016’’. 

14 SEC. 23002. LAND EXCHANGE, GULF ISLANDS NATIONAL 

15 SEASHORE, JACKSON COUNTY, MISSISSIPPI. 

16 (a) LAND EXCHANGE AUTHORIZED.—The Secretary of 

17 the Interior, acting through the Director of the National 

18 Park Service (in this section referred to as the ‘‘Secretary’’) 

19 may convey to the Veterans of Foreign Wars Post 5699 (in 

20 this section referred to as the ‘‘Post’’) all right, title, and 

21 interest of the United States in and to a parcel of real prop22 erty, consisting of approximately 1.542 acres and located 

23 within the Gulf Islands National Seashore in Jackson 

24 County, Mississippi, section 34, township 7 north, range 

25 8 east. 
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1 (b) LAND TO BE ACQUIRED.—In exchange for the 

2 property described in subsection (a), the Post shall convey 

3 to the Secretary all right, title, and interest of the Post in 

4 and to a parcel of real property, consisting of approxi5 mately 2.161 acres and located in Jackson County, Mis6 sissippi, section 34, township 7 north, range 8 east. 

7 (c) EQUAL VALUE EXCHANGE.—The values of the par8 cels of real property to be exchanged under this section are 

9 deemed to be equal. 

10 (d) PAYMENT OF COSTS OF CONVEYANCE.— 

11 (1) PAYMENT REQUIRED.—The Secretary shall 

12 require the Post to cover costs to be incurred by the 

13 Secretary, or to reimburse the Secretary for such costs 

14 incurred by the Secretary, to carry out the land ex15 change under this section, including survey costs, 

16 costs related to environmental documentation, and 

17 any other administrative costs related to the land ex18 change. If amounts are collected from the Secretary in 

19 advance of the Secretary incurring the actual costs 

20 and the amount collected exceeds the costs actually in21 curred by the Secretary to carry out the land ex22 change, the Secretary shall refund the excess amount 

23 to the Post. 

24 (2) TREATMENT OF AMOUNTS RECEIVED.— 

25 Amounts received as reimbursement under paragraph 
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1 (1) shall be credited to the fund or account that was 

2 used to cover those costs incurred by the Secretary in 

3 carrying out the land exchange. Amounts so credited 

4 shall be merged with amounts in such fund or account 

5 and shall be available for the same purposes, and sub6 ject to the same conditions and limitations, as 

7 amounts in such fund or account. 

8 (e) DESCRIPTION OF PROPERTY.—The exact acreage 

9 and legal description of property to be exchanged under this 

10 section shall be determined by surveys satisfactory to the 

11 Secretary and the Post. 

12 (f) CONVEYANCE AGREEMENT.—The exchange of real 

13 property under this section shall be accomplished using a 

14 quit claim deed or other legal instrument and upon terms 

15 and conditions mutually satisfactory to the Secretary and 

16 the Post, including such additional terms and conditions 

17 as the Secretary considers appropriate to protect the inter18 ests of the United States. 

19 (g) TREATMENT OF ACQUIRED LAND.—Land and in20 terests in land acquired by the United States under sub21 section (b) shall be administered by the Secretary as part 

22 of the Gulf Islands National Seashore. 

23 (h) MODIFICATION OF BOUNDARY.—Upon completion 

24 of the land exchange under this section, the Secretary shall 
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1 modify the boundary of the Gulf Islands National Seashore 

2 to reflect such land exchange. 

3 TITLE XXIV—KOREAN WAR VET4 ERANS MEMORIAL WALL OF 

5 REMEMBRANCE ACT 

6 SEC. 24001. SHORT TITLE. 

7 This title may be cited as the ‘‘Korean War Veterans 

8 Memorial Wall of Remembrance Act of 2016’’. 

9 SEC. 24002. WALL OF REMEMBRANCE. 

10 Section 1 of the Act titled ‘‘An Act to authorize the 

11 erection of a memorial on Federal Land in the District of 

12 Columbia and its environs to honor members of the Armed 

13 Forces of the United States who served in the Korean War’’, 

14 approved October 25, 1986 (Public Law 99–572), is amend15 ed by adding at the end the following: 

16 ‘‘Such memorial shall include a Wall of Remembrance, 

17 which shall be constructed without the use of Federal funds. 

18 The American Battle Monuments Commission shall request 

19 and consider design recommendations from the Korean War 

20 Veterans Memorial Foundation, Inc. for the establishment 

21 of the Wall of Remembrance. The Wall of Remembrance 

22 shall include— 

23 ‘‘(1) a list by name of members of the Armed 

24 Forces of the United States who died in theatre in the 

25 Korean War; 
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1 ‘‘(2) the number of members of the Armed Forces 

2 of the United States who, in regards to the Korean 

3 War— 

4 ‘‘(A) were wounded in action; 

5 ‘‘(B) are listed as missing in action; or 

6 ‘‘(C) were prisoners of war; and 

7 ‘‘(3) the number of members of the Korean Aug8 mentation to the United States Army, the Republic of 

9 Korea Armed Forces, and the other nations of the 

10 United Nations Command who, in regards to the Ko11 rean War— 

12 ‘‘(A) were killed in action; 

13 ‘‘(B) were wounded in action; 

14 ‘‘(C) are listed as missing in action; or 

15 ‘‘(D) were prisoners of war.’’. 

16 TITLE XXV—NATIONAL FOREST 

17 SMALL TRACTS ACT AMEND18 MENTS ACT 

19 SEC. 25001. SHORT TITLE. 

20 This title may be cited as the ‘‘National Forest Small 

21 Tracts Act Amendments Act of 2015’’. 
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1 SEC. 25002. ADDITIONAL AUTHORITY FOR SALE OR EX2 CHANGE OF SMALL PARCELS OF NATIONAL 

3 FOREST SYSTEM LAND. 

4 (a) INCREASE IN MAXIMUM VALUE OF SMALL PAR5 CELS.—Section 3 of Public Law 97–465 (commonly known 

6 as the Small Tracts Act; 16 U.S.C. 521e) is amended in 

7 the matter preceding paragraph (1) by striking ‘‘$150,000’’ 

8 and inserting ‘‘$500,000’’. 

9 (b) ADDITIONAL CONVEYANCE PURPOSES.—Section 3 

10 of Public Law 97–465 (16 U.S.C. 521e) is further amend11 ed— 

12 (1) in the matter preceding paragraph (1), by 

13 striking ‘‘which are—’’ and inserting ‘‘which involve 

14 any one of the following:’’; 

15 (2) in paragraph (1)— 

16 (A) by striking ‘‘parcels’’ and inserting 

17 ‘‘Parcels’’; and 

18 (B) by striking the semicolon at the end and 

19 inserting a period; 

20 (3) in paragraph (2)— 

21 (A) by striking ‘‘parcels’’ the first place it 

22 appears and inserting ‘‘Parcels’’; and 

23 (B) by striking ‘‘; or’’ at the end and insert24 ing a period; 

25 (4) in paragraph (3), by striking ‘‘road’’ and in26 serting ‘‘Road’’; and 
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1 (5) by adding at the end the following new para2 graphs: 

3 ‘‘(4) Parcels of 40 acres or less which are deter4 mined by the Secretary to be physically isolated, to 

5 be inaccessible, or to have lost their National Forest 

6 character. 

7 ‘‘(5) Parcels of 10 acres or less which are not eli8 gible for conveyance under paragraph (2), but which 

9 are encroached upon by permanent habitable im10 provements for which there is no evidence that the en11 croachment was intentional or negligent. 

12 ‘‘(6) Parcels used as a cemetery, a landfill, or a 

13 sewage treatment plant under a special use authoriza14 tion issued by the Secretary. In the case of a cemetery 

15 expected to reach capacity within 10 years, the sale, 

16 exchange, or interchange may include, in the sole dis17 cretion of the Secretary, up to 1 additional acre abut18 ting the permit area to facilitate expansion of the 

19 cemetery.’’. 

20 (c) DISPOSITION OF PROCEEDS.—Section 2 of Public 

21 Law 97–465 (16 U.S.C. 521d) is amended— 

22 (1) by striking ‘‘The Secretary is authorized’’ 

23 and inserting the following: 

24 ‘‘(a) CONVEYANCE AUTHORITY; CONSIDERATION.—The 

25 Secretary is authorized’’; 
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1 (2) by striking ‘‘The Secretary shall insert’’ and 

2 inserting the following: 

3 ‘‘(b) INCLUSION OF TERMS, COVENANTS, CONDITIONS, 

4 AND RESERVATIONS.—The Secretary shall insert’’; 

5 (3) by striking ‘‘convenants’’ and inserting ‘‘cov6 enants’’; and 

7 (4) by adding at the end the following new sub8 section: 

9 ‘‘(c) DISPOSITION OF PROCEEDS.— 

10 ‘‘(1) DEPOSIT IN SISK FUND.—The net proceeds 

11 derived from any sale or exchange conducted under 

12 the authority of paragraph (4), (5), or (6) of section 

13 3 shall be deposited in the fund established by Public 

14 Law 90–171 (commonly known as the Sisk Act; 16 

15 U.S.C. 484a). 

16 ‘‘(2) USE.—Amounts deposited under paragraph 

17 (1) shall be available to the Secretary until expended 

18 for— 

19 ‘‘(A) the acquisition of land or interests in 

20 land for administrative sites for the National 

21 Forest System in the State from which the 

22 amounts were derived; 

23 ‘‘(B) the acquisition of land or interests in 

24 land for inclusion in the National Forest System 

25 in that State, including land or interests in land 
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1 which enhance opportunities for recreational ac2 cess; 

3 ‘‘(C) the performance of deferred mainte4 nance on administrative sites for the National 

5 Forest System in that State or other deferred 

6 maintenance activities in that State which en7 hance opportunities for recreational access; or 

8 ‘‘(D) the reimbursement of the Secretary for 

9 costs incurred in preparing a sale conducted 

10 under the authority of section 3 if the sale is a 

11 competitive sale.’’. 

12 TITLE XXVI—WESTERN OREGON 

13 TRIBAL FAIRNESS ACT 

14 SEC. 26001. SHORT TITLE. 

15 This title may be cited as the ‘‘Western Oregon Tribal 

16 Fairness Act’’. 

17 Subtitle A—Cow Creek Umpqua 

18 Land Conveyance 

19 SEC. 26011. SHORT TITLE. 

20 This subtitle may be cited as the ‘‘Cow Creek Umpqua 

21 Land Conveyance Act’’. 

22 SEC. 26012. DEFINITIONS. 

23 In this subtitle: 

24 (1) COUNCIL CREEK LAND.—The term ‘‘Council 

25 Creek land’’ means the approximately 17,519 acres of 
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1 land, as generally depicted on the map entitled ‘‘Can2 yon Mountain Land Conveyance’’ and dated June 27, 

3 2013. 

4 (2) TRIBE.—The term ‘‘Tribe’’ means the Cow 

5 Creek Band of Umpqua Tribe of Indians. 

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

7 the Secretary of the Interior. 

8 SEC. 26013. CONVEYANCE. 

9 (a) IN GENERAL.—Subject to valid existing rights, in10 cluding rights-of-way, all right, title, and interest of the 

11 United States in and to the Council Creek land, including 

12 any improvements located on the land, appurtenances to 

13 the land, and minerals on or in the land, including oil and 

14 gas, shall be— 

15 (1) held in trust by the United States for the 

16 benefit of the Tribe; and 

17 (2) part of the reservation of the Tribe. 

18 (b) SURVEY.—Not later than 1 year after the date of 

19 enactment of this Act, the Secretary shall complete a survey 

20 of the boundary lines to establish the boundaries of the land 

21 taken into trust under subsection (a). 

22 SEC. 26014. MAP AND LEGAL DESCRIPTION. 

23 (a) IN GENERAL.—As soon as practicable after the 

24 date of enactment of this Act, the Secretary shall file a map 

25 and legal description of the Council Creek land with— 
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1 (1) the Committee on Energy and Natural Re2 sources of the Senate; and 

3 (2) the Committee on Natural Resources of the 

4 House of Representatives. 

5 (b) FORCE AND EFFECT.—The map and legal descrip6 tion filed under subsection (a) shall have the same force and 

7 effect as if included in this subtitle, except that the Sec8 retary may correct any clerical or typographical errors in 

9 the map or legal description. 

10 (c) PUBLIC AVAILABILITY.—The map and legal de11 scription filed under subsection (a) shall be on file and 

12 available for public inspection in the Office of the Secretary. 

13 SEC. 26015. ADMINISTRATION. 

14 (a) IN GENERAL.—Unless expressly provided in this 

15 subtitle, nothing in this subtitle affects any right or claim 

16 of the Tribe existing on the date of enactment of this Act 

17 to any land or interest in land. 

18 (b) PROHIBITIONS.— 

19 (1) EXPORTS OF UNPROCESSED LOGS.—Federal 

20 law (including regulations) relating to the export of 

21 unprocessed logs harvested from Federal land shall 

22 apply to any unprocessed logs that are harvested from 

23 the Council Creek land. 

24 (2) NON-PERMISSIBLE USE OF LAND.—Any real 

25 property taken into trust under section 26013 shall 
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1 not be eligible, or used, for any gaming activity car2 ried out under Public Law 100–497 (25 U.S.C. 2701 

3 et seq.). 

4 (c) FOREST MANAGEMENT.—Any forest management 

5 activity that is carried out on the Council Creek land shall 

6 be managed in accordance with all applicable Federal laws. 

7 SEC. 26016. LAND RECLASSIFICATION. 

8 (a) IDENTIFICATION OF OREGON AND CALIFORNIA

9 RAILROAD GRANT LAND.—Not later than 180 days after 

10 the date of enactment of this Act, the Secretary of Agri11 culture and the Secretary shall identify any Oregon and 

12 California Railroad grant land that is held in trust by the 

13 United States for the benefit of the Tribe under section 

14 26013. 

15 (b) IDENTIFICATION OF PUBLIC DOMAIN LAND.—Not 

16 later than 18 months after the date of enactment of this 

17 Act, the Secretary shall identify public domain land in the 

18 State of Oregon that— 

19 (1) is approximately equal in acreage and condi20 tion as the Oregon and California Railroad grant 

21 land identified under subsection (a); and 

22 (2) is located in the vicinity of the Oregon and 

23 California Railroad grant land. 

24 (c) MAPS.—Not later than 2 years after the date of 

25 enactment of this Act, the Secretary shall submit to Con-
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1 gress and publish in the Federal Register one or more maps 

2 depicting the land identified in subsections (a) and (b). 

3 (d) RECLASSIFICATION.— 

4 (1) IN GENERAL.—After providing an oppor5 tunity for public comment, the Secretary shall reclas6 sify the land identified in subsection (b) as Oregon 

7 and California Railroad grant land. 

8 (2) APPLICABILITY.—The Act of August 28, 1937 

9 (43 U.S.C. 1181a et seq.), shall apply to land reclassi10 fied as Oregon and California Railroad grant land 

11 under paragraph (1). 

12 Subtitle B—Coquille Forest 

13 Fairness 

14 SEC. 26021. SHORT TITLE. 

15 This subtitle may be cited as the ‘‘Coquille Forest Fair16 ness Act’’. 

17 SEC. 26022. AMENDMENTS TO COQUILLE RESTORATION 

18 ACT. 

19 Section 5(d) of the Coquille Restoration Act (25 U.S.C. 

20 715c(d)) is amended— 

21 (1) by striking paragraph (5) and inserting the 

22 following: 

23 ‘‘(5) MANAGEMENT.— 

24 ‘‘(A) IN GENERAL.—Subject to subpara25 graph (B), the Secretary, acting through the As-
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1 sistant Secretary for Indian Affairs, shall man2 age the Coquille Forest in accordance with the 

3 laws pertaining to the management of Indian 

4 trust land. 

5 ‘‘(B) ADMINISTRATION.— 

6 ‘‘(i) UNPROCESSED LOGS.—Unproc7 essed logs harvested from the Coquille Forest 

8 shall be subject to the same Federal statu9 tory restrictions on export to foreign na10 tions that apply to unprocessed logs har11 vested from Federal land. 

12 ‘‘(ii) SALES OF TIMBER.—Notwith13 standing any other provision of law, all 

14 sales of timber from land subject to this sub15 section shall be advertised, offered, and 

16 awarded according to competitive bidding 

17 practices, with sales being awarded to the 

18 highest responsible bidder.’’; 

19 (2) by striking paragraph (9); and 

20 (3) by redesignating paragraphs (10) through 

21 (12) as paragraphs (9) through (11), respectively. 

22 Subtitle C—Oregon Coastal Lands 

23 SEC. 26031. SHORT TITLE. 

24 This subtitle may be cited as the ‘‘Oregon Coastal 

25 Lands Act’’. 
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1 SEC. 26032. DEFINITIONS. 

2 In this subtitle: 

3 (1) CONFEDERATED TRIBES.—The term ‘‘Confed4 erated Tribes’’ means the Confederated Tribes of Coos, 

5 Lower Umpqua, and Siuslaw Indians. 

6 (2) OREGON COASTAL LAND.—The term ‘‘Oregon 

7 Coastal land’’ means the approximately 14,408 acres 

8 of land, as generally depicted on the map entitled 

9 ‘‘Oregon Coastal Land Conveyance’’ and dated March 

10 27, 2013. 

11 (3) SECRETARY.—The term ‘‘Secretary’’ means 

12 the Secretary of the Interior. 

13 SEC. 26033. CONVEYANCE. 

14 (a) IN GENERAL.—Subject to valid existing rights, in15 cluding rights-of-way, all right, title, and interest of the 

16 United States in and to the Oregon Coastal land, including 

17 any improvements located on the land, appurtenances to 

18 the land, and minerals on or in the land, including oil and 

19 gas, shall be— 

20 (1) held in trust by the United States for the 

21 benefit of the Confederated Tribes; and 

22 (2) part of the reservation of the Confederated 

23 Tribes. 

24 (b) SURVEY.—Not later than 1 year after the date of 

25 enactment of this Act, the Secretary shall complete a survey 
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1 of the boundary lines to establish the boundaries of the land 

2 taken into trust under subsection (a). 

3 SEC. 26034. MAP AND LEGAL DESCRIPTION. 

4 (a) IN GENERAL.—As soon as practicable after the 

5 date of enactment of this Act, the Secretary shall file a map 

6 and legal description of the Oregon Coastal land with— 

7 (1) the Committee on Energy and Natural Re8 sources of the Senate; and 

9 (2) the Committee on Natural Resources of the 

10 House of Representatives. 

11 (b) FORCE AND EFFECT.—The map and legal descrip12 tion filed under subsection (a) shall have the same force and 

13 effect as if included in this subtitle, except that the Sec14 retary may correct any clerical or typographical errors in 

15 the map or legal description. 

16 (c) PUBLIC AVAILABILITY.—The map and legal de17 scription filed under subsection (a) shall be on file and 

18 available for public inspection in the Office of the Secretary. 

19 SEC. 26035. ADMINISTRATION. 

20 (a) IN GENERAL.—Unless expressly provided in this 

21 subtitle, nothing in this subtitle affects any right or claim 

22 of the Confederated Tribes existing on the date of enactment 

23 of this Act to any land or interest in land. 

24 (b) PROHIBITIONS.— 
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1 (1) EXPORTS OF UNPROCESSED LOGS.—Federal 

2 law (including regulations) relating to the export of 

3 unprocessed logs harvested from Federal land shall 

4 apply to any unprocessed logs that are harvested from 

5 the Oregon Coastal land taken into trust under sec6 tion 26033. 

7 (2) NON-PERMISSIBLE USE OF LAND.—Any real 

8 property taken into trust under section 26033 shall 

9 not be eligible, or used, for any gaming activity car10 ried out under Public Law 100–497 (25 U.S.C. 2701 

11 et seq.). 

12 (c) LAWS APPLICABLE TO COMMERCIAL FORESTRY AC13 TIVITY.—Any commercial forestry activity that is carried 

14 out on the Oregon Coastal land taken into trust under sec15 tion 26033 shall be managed in accordance with all appli16 cable Federal laws. 

17 (d) AGREEMENTS.—The Confederated Tribes shall con18 sult with the Secretary and other parties as necessary to 

19 develop agreements to provide for access to the Oregon 

20 Coastal land taken into trust under section 26033 that pro21 vide for— 

22 (1) honoring existing reciprocal right-of-way 

23 agreements; 

24 (2) administrative access by the Bureau of Land 

25 Management; and 
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1 (3) management of the Oregon Coastal lands 

2 that are acquired or developed under chapter 2003 of 

3 title 54, United States Code (commonly known as the 

4 ‘‘Land and Water Conservation Fund Act of 1965’’), 

5 consistent with section 200305(f)(3) of that title. 

6 (e) LAND USE PLANNING REQUIREMENTS.—Except as 

7 provided in subsection (c), once the Oregon Coastal land 

8 is taken into trust under section 26033, the land shall not 

9 be subject to the land use planning requirements of the Fed10 eral Land Policy and Management Act of 1976 (43 U.S.C. 

11 1701 et seq.) or the Act of August 28, 1937 (43 U.S.C. 1181a 

12 et seq.). 

13 SEC. 26036. LAND RECLASSIFICATION. 

14 (a) IDENTIFICATION OF OREGON AND CALIFORNIA

15 RAILROAD GRANT LAND.—Not later than 180 days after 

16 the date of enactment of this Act, the Secretary of Agri17 culture and the Secretary shall identify any Oregon and 

18 California Railroad grant land that is held in trust by the 

19 United States for the benefit of the Confederated Tribes 

20 under section 26033. 

21 (b) IDENTIFICATION OF PUBLIC DOMAIN LAND.—Not 

22 later than 18 months after the date of enactment of this 

23 Act, the Secretary shall identify public domain land in the 

24 State of Oregon that— 
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1 (1) is approximately equal in acreage and condi2 tion as the Oregon and California Railroad grant 

3 land identified under subsection (a); and 

4 (2) is located in the vicinity of the Oregon and 

5 California Railroad grant land. 

6 (c) MAPS.—Not later than 2 years after the date of 

7 enactment of this Act, the Secretary shall submit to Con8 gress and publish in the Federal Register one or more maps 

9 depicting the land identified in subsections (a) and (b). 

10 (d) RECLASSIFICATION.— 

11 (1) IN GENERAL.—After providing an oppor12 tunity for public comment, the Secretary shall reclas13 sify the land identified in subsection (b) as Oregon 

14 and California Railroad grant land. 

15 (2) APPLICABILITY.—The Act of August 28, 1937 

16 (43 U.S.C. 1181a et seq.), shall apply to land reclassi17 fied as Oregon and California Railroad grant land 

18 under paragraph (1). 

19 DIVISION D—SCIENCE 

20 TITLE V—DEPARTMENT OF 

21 ENERGY SCIENCE 

22 SEC. 501. MISSION. 

23 Section 209 of the Department of Energy Organization 

24 Act (42 U.S.C. 7139) is amended by adding at the end the 

25 following: 
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1 ‘‘(c) MISSION.—The mission of the Office of Science 

2 shall be the delivery of scientific discoveries, capabilities, 

3 and major scientific tools to transform the understanding 

4 of nature and to advance the energy, economic, and na5 tional security of the United States. In support of this mis6 sion, the Director shall carry out programs on basic energy 

7 sciences, advanced scientific computing research, high en8 ergy physics, biological and environmental research, fusion 

9 energy sciences, and nuclear physics, including as provided 

10 under subtitle A of title V of the America COMPETES Re11 authorization Act of 2015, through activities focused on— 

12 ‘‘(1) fundamental scientific discoveries through 

13 the study of matter and energy; 

14 ‘‘(2) science in the national interest, including— 

15 ‘‘(A) advancing an agenda for American 

16 energy security through research on energy pro17 duction, storage, transmission, efficiency, and 

18 use; and 

19 ‘‘(B) advancing our understanding of the 

20 Earth’s climate through research in atmospheric 

21 and environmental sciences; and 

22 ‘‘(3) National Scientific User Facilities to de23 liver the 21st century tools of science, engineering, 

24 and technology and provide the Nation’s researchers 

25 with the most advanced tools of modern science in-
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1 cluding accelerators, colliders, supercomputers, light 

2 sources and neutron sources, and facilities for study3 ing materials science. 

4 ‘‘(d) COORDINATION WITH OTHER DEPARTMENT OF

5 ENERGY PROGRAMS.—The Under Secretary for Science and 

6 Energy shall ensure the coordination of Office of Science 

7 activities and programs with other activities of the Depart8 ment.’’. 

9 SEC. 502. BASIC ENERGY SCIENCES. 

10 (a) PROGRAM.—The Director shall carry out a pro11 gram in basic energy sciences, including materials sciences 

12 and engineering, chemical sciences, physical biosciences, 

13 and geosciences, for the purpose of providing the scientific 

14 foundations for new energy technologies. 

15 (b) MISSION.—The mission of the program described 

16 in subsection (a) shall be to support fundamental research 

17 to understand, predict, and ultimately control matter and 

18 energy at the electronic, atomic, and molecular levels in 

19 order to provide the foundations for new energy technologies 

20 and to support Department missions in energy, environ21 ment, and national security. 

22 (c) BASIC ENERGY SCIENCES USER FACILITIES.—The 

23 Director shall carry out a subprogram for the development, 

24 construction, operation, and maintenance of national user 

25 facilities to support the program under this section. As 
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1 practicable, these facilities shall serve the needs of the De2 partment, industry, the academic community, and other 

3 relevant entities to create and examine new materials and 

4 chemical processes for the purposes of advancing new energy 

5 technologies and improving the competitiveness of the 

6 United States. These facilities shall include— 

7 (1) x-ray light sources; 

8 (2) neutron sources; 

9 (3) nanoscale science research centers; and 

10 (4) other facilities the Director considers appro11 priate, consistent with section 209 of the Department 

12 of Energy Organization Act (42 U.S.C. 7139). 

13 (d) LIGHT SOURCE LEADERSHIP INITIATIVE.— 

14 (1) ESTABLISHMENT.—In support of the subpro15 gram authorized in subsection (c), the Director shall 

16 establish an initiative to sustain and advance global 

17 leadership of light source user facilities. 

18 (2) LEADERSHIP STRATEGY.—Not later than 9 

19 months after the date of enactment of this Act, and 

20 biennially thereafter, the Director shall prepare, in 

21 consultation with relevant stakeholders, and submit to 

22 the Committee on Science, Space, and Technology of 

23 the House of Representatives and the Committee on 

24 Energy and Natural Resources of the Senate a light 

25 source leadership strategy that— 
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1 (A) identifies, prioritizes, and describes 

2 plans for the development, construction, and op3 eration of light sources over the next decade; 

4 (B) describes plans for optimizing manage5 ment and use of existing light source facilities; 

6 and 

7 (C) assesses the international outlook for 

8 light source user facilities and describes plans for 

9 United States cooperation in such projects. 

10 (3) ADVISORY COMMITTEE FEEDBACK AND REC11 OMMENDATIONS.—Not later than 45 days after sub12 mission of the strategy described in paragraph (2), 

13 the Basic Energy Sciences Advisory Committee shall 

14 provide the Director, the Committee on Science, 

15 Space, and Technology of the House of Representa16 tives, and the Committee on Energy and Natural Re17 sources of the Senate a report of the Advisory Com18 mittee’s analyses, findings, and recommendations for 

19 improving the strategy, including a review of the 

20 most recent budget request for the initiative. 

21 (4) PROPOSED BUDGET.—The Director shall 

22 transmit annually to Congress a proposed budget cor23 responding to the activities identified in the strategy. 

24 (e) ACCELERATOR RESEARCH AND DEVELOPMENT.— 

25 The Director shall carry out research and development on 
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1 advanced accelerator and storage ring technologies relevant 

2 to the development of Basic Energy Sciences user facilities, 

3 in consultation with the Office of Science’s High Energy 

4 Physics and Nuclear Physics programs. 

5 (f) ENERGY FRONTIER RESEARCH CENTERS.— 

6 (1) IN GENERAL.—The Director shall carry out 

7 a program to provide awards, on a competitive, 

8 merit-reviewed basis, to multi-institutional collabora9 tions or other appropriate entities to conduct funda10 mental and use-inspired energy research to accelerate 

11 scientific breakthroughs. 

12 (2) COLLABORATIONS.—A collaboration receiving 

13 an award under this subsection may include multiple 

14 types of institutions and private sector entities. 

15 (3) SELECTION AND DURATION.— 

16 (A) IN GENERAL.—A collaboration under 

17 this subsection shall be selected for a period of 5 

18 years. An Energy Frontier Research Center al19 ready in existence and supported by the Director 

20 on the date of enactment of this Act may con21 tinue to receive support for a period of 5 years 

22 beginning on the date of establishment of that 

23 center. 

24 (B) REAPPLICATION.—After the end of the 

25 period described in subparagraph (A), an 
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1 awardee may reapply for selection for a second 

2 period of 5 years on a competitive, merit-re3 viewed basis. 

4 (C) TERMINATION.—Consistent with the ex5 isting authorities of the Department, the Direc6 tor may terminate an underperforming center 

7 for cause during the performance period. 

8 (4) NO FUNDING FOR CONSTRUCTION.—No fund9 ing provided pursuant to this subsection may be used 

10 for the construction of new buildings or facilities. 

11 SEC. 503. ADVANCED SCIENTIFIC COMPUTING RESEARCH. 

12 (a) PROGRAM.—The Director shall carry out a re13 search, development, and demonstration program to ad14 vance computational and networking capabilities to ana15 lyze, model, simulate, and predict complex phenomena rel16 evant to the development of new energy technologies and 

17 the competitiveness of the United States. 

18 (b) FACILITIES.—The Director, as part of the program 

19 described in subsection (a), shall develop and maintain 

20 world-class computing and network facilities for science 

21 and deliver critical research in applied mathematics, com22 puter science, and advanced networking to support the De23 partment’s missions. 

24 (c) DEFINITIONS.—Section 2 of the Department of En25 ergy High-End Computing Revitalization Act of 2004 (15 
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1 U.S.C. 5541) is amended by striking paragraphs (1) 

2 through (5) and inserting the following: 

3 ‘‘(1) CO-DESIGN.—The term ‘co-design’ means 

4 the joint development of application algorithms, mod5 els, and codes with computer technology architectures 

6 and operating systems to maximize effective use of 

7 high-end computing systems. 

8 ‘‘(2) DEPARTMENT.—The term ‘Department’ 

9 means the Department of Energy. 

10 ‘‘(3) EXASCALE.—The term ‘exascale’ means 

11 computing system performance at or near 10 to the 

12 18th power floating point operations per second. 

13 ‘‘(4) HIGH-END COMPUTING SYSTEM.—The term 

14 ‘high-end computing system’ means a computing sys15 tem with performance that substantially exceeds that 

16 of systems that are commonly available for advanced 

17 scientific and engineering applications. 

18 ‘‘(5) INSTITUTION OF HIGHER EDUCATION.—The 

19 term ‘institution of higher education’ has the meaning 

20 given the term in section 2 of the Energy Policy Act 

21 of 2005 (42 U.S.C. 15801). 

22 ‘‘(6) LEADERSHIP SYSTEM.—The term ‘leader23 ship system’ means a high-end computing system that 

24 is among the most advanced in the world in terms of 
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1 performance in solving scientific and engineering 

2 problems. 

3 ‘‘(7) NATIONAL LABORATORY.—The term ‘Na4 tional Laboratory’ means any one of the seventeen 

5 laboratories owned by the Department. 

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

7 the Secretary of Energy. 

8 ‘‘(9) SOFTWARE TECHNOLOGY.—The term ‘soft9 ware technology’ includes optimal algorithms, pro10 gramming environments, tools, languages, and oper11 ating systems for high-end computing systems.’’. 

12 (d) DEPARTMENT OF ENERGY HIGH-END COMPUTING

13 RESEARCH AND DEVELOPMENT PROGRAM.—Section 3 of 

14 the Department of Energy High-End Computing Revital15 ization Act of 2004 (15 U.S.C. 5542) is amended— 

16 (1) in subsection (a)— 

17 (A) in paragraph (1), by striking ‘‘pro18 gram’’ and inserting ‘‘coordinated program 

19 across the Department’’; 

20 (B) by striking ‘‘and’’ at the end of para21 graph (1); 

22 (C) by striking the period at the end of 

23 paragraph (2) and inserting ‘‘; and’’; and 

24 (D) by adding at the end the following new 

25 paragraph: 
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1 ‘‘(3) partner with universities, National Labora2 tories, and industry to ensure the broadest possible 

3 application of the technology developed in this pro4 gram to other challenges in science, engineering, med5 icine, and industry.’’; 

6 (2) in subsection (b)(2), by striking ‘‘vector’’ and 

7 all that follows through ‘‘architectures’’ and inserting 

8 ‘‘computer technologies that show promise of substan9 tial reductions in power requirements and substantial 

10 gains in parallelism of multicore processors, con11 currency, memory and storage, bandwidth, and reli12 ability’’; and 

13 (3) by striking subsection (d) and inserting the 

14 following: 

15 ‘‘(d) EXASCALE COMPUTING PROGRAM.— 

16 ‘‘(1) IN GENERAL.—The Secretary shall conduct 

17 a coordinated research program to develop exascale 

18 computing systems to advance the missions of the De19 partment. 

20 ‘‘(2) EXECUTION.—The Secretary shall, through 

21 competitive merit review, establish two or more Na22 tional Laboratory-industry-university partnerships to 

23 conduct integrated research, development, and engi24 neering of multiple exascale architectures, and— 
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1 ‘‘(A) conduct mission-related co-design ac2 tivities in developing such exascale platforms; 

3 ‘‘(B) develop those advancements in hard4 ware and software technology required to fully 

5 realize the potential of an exascale production 

6 system in addressing Department target applica7 tions and solving scientific problems involving 

8 predictive modeling and simulation and large9 scale data analytics and management; and 

10 ‘‘(C) explore the use of exascale computing 

11 technologies to advance a broad range of science 

12 and engineering. 

13 ‘‘(3) ADMINISTRATION.—In carrying out this 

14 program, the Secretary shall— 

15 ‘‘(A) provide, on a competitive, merit-re16 viewed basis, access for researchers in United 

17 States industry, institutions of higher education, 

18 National Laboratories, and other Federal agen19 cies to these exascale systems, as appropriate; 

20 and 

21 ‘‘(B) conduct outreach programs to increase 

22 the readiness for the use of such platforms by do23 mestic industries, including manufacturers. 

24 ‘‘(4) REPORTS.— 
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1 ‘‘(A) INTEGRATED STRATEGY AND PROGRAM

2 MANAGEMENT PLAN.—The Secretary shall submit 

3 to Congress, not later than 90 days after the date 

4 of enactment of the America COMPETES Reau5 thorization Act of 2015, a report outlining an 

6 integrated strategy and program management 

7 plan, including target dates for prototypical and 

8 production exascale platforms, interim mile9 stones to reaching these targets, functional re10 quirements, roles and responsibilities of National 

11 Laboratories and industry, acquisition strategy, 

12 and estimated resources required, to achieve this 

13 exascale system capability. The report shall in14 clude the Secretary’s plan for Departmental or15 ganization to manage and execute the Exascale 

16 Computing Program, including definition of the 

17 roles and responsibilities within the Department 

18 to ensure an integrated program across the De19 partment. The report shall also include a plan 

20 for ensuring balance and prioritizing across 

21 ASCR subprograms in a flat or slow-growth 

22 budget environment. 

23 ‘‘(B) STATUS REPORTS.—At the time of the 

24 budget submission of the Department for each 

25 fiscal year, the Secretary shall submit a report 
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1 to Congress that describes the status of milestones 

2 and costs in achieving the objectives of the 

3 exascale computing program. 

4 ‘‘(C) EXASCALE MERIT REPORT.—At least 

5 18 months prior to the initiation of construction 

6 or installation of any exascale-class computing 

7 facility, the Secretary shall transmit a plan to 

8 the Congress detailing— 

9 ‘‘(i) the proposed facility’s cost projec10 tions and capabilities to significantly accel11 erate the development of new energy tech12 nologies; 

13 ‘‘(ii) technical risks and challenges that 

14 must be overcome to achieve successful com15 pletion and operation of the facility; and 

16 ‘‘(iii) an independent assessment of the 

17 scientific and technological advances ex18 pected from such a facility relative to those 

19 expected from a comparable investment in 

20 expanded research and applications at 

21 terascale-class and petascale-class com22 puting facilities, including an evaluation of 

23 where investments should be made in the 

24 system software and algorithms to enable 

25 these advances.’’. 
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1 SEC. 504. HIGH ENERGY PHYSICS. 

2 (a) PROGRAM.—The Director shall carry out a re3 search program on the fundamental constituents of matter 

4 and energy and the nature of space and time. 

5 (b) SENSE OF CONGRESS.—It is the sense of the Con6 gress that— 

7 (1) the Director should incorporate the findings 

8 and recommendations of the Particle Physics Project 

9 Prioritization Panel’s report entitled ‘‘Building for 

10 Discovery: Strategic Plan for U.S. Particle Physics in 

11 the Global Context’’, into the Department’s planning 

12 process as part of the program described in subsection 

13 (a); 

14 (2) the Director should prioritize domestically 

15 hosted research projects that will maintain the United 

16 States position as a global leader in particle physics 

17 and attract the world’s most talented physicists and 

18 foreign investment for international collaboration; 

19 and 

20 (3) the nations that lead in particle physics by 

21 hosting international teams dedicated to a common 

22 scientific goal attract the world’s best talent and in23 spire future generations of physicists and tech24 nologists. 

25 (c) NEUTRINO RESEARCH.—As part of the program 

26 described in subsection (a), the Director shall carry out re-
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1 search activities on rare decay processes and the nature of 

2 the neutrino, which may include collaborations with the 

3 National Science Foundation or international collabora4 tions. 

5 (d) DARK ENERGY AND DARK MATTER RESEARCH.— 

6 As part of the program described in subsection (a), the Di7 rector shall carry out research activities on the nature of 

8 dark energy and dark matter, which may include collabora9 tions with the National Aeronautics and Space Administra10 tion or the National Science Foundation, or international 

11 collaborations. 

12 (e) ACCELERATOR RESEARCH AND DEVELOPMENT.— 

13 The Director shall carry out research and development in 

14 advanced accelerator concepts and technologies, including 

15 laser technologies, to reduce the necessary scope and cost 

16 for the next generation of particle accelerators. The Director 

17 shall ensure access to national laboratory accelerator facili18 ties, infrastructure, and technology for users and developers 

19 of accelerators that advance applications in energy and the 

20 environment, medicine, industry, national security, and 

21 discovery science. 

22 (f) INTERNATIONAL COLLABORATION.—The Director, 

23 as practicable and in coordination with other appropriate 

24 Federal agencies as necessary, shall ensure the access of 

25 United States researchers to the most advanced accelerator 
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1 facilities and research capabilities in the world, including 

2 the Large Hadron Collider. 

3 SEC. 505. BIOLOGICAL AND ENVIRONMENTAL RESEARCH. 

4 (a) PROGRAM.—The Director shall carry out a pro5 gram of research, development, and demonstration in the 

6 areas of biological systems science and climate and environ7 mental science to support the energy and environmental 

8 missions of the Department. 

9 (b) PRIORITY RESEARCH.—In carrying out this sec10 tion, the Director shall prioritize fundamental research on 

11 biological systems and genomics science with the greatest 

12 potential to enable scientific discovery. 

13 (c) ASSESSMENT.—Not later than 12 months after the 

14 date of enactment of this Act, the Comptroller General shall 

15 submit a report to Congress identifying climate science-re16 lated initiatives under this section that overlap or duplicate 

17 initiatives of other Federal agencies and the extent of such 

18 overlap or duplication. 

19 (d) LIMITATION.—The Director shall not approve new 

20 climate science-related initiatives to be carried out through 

21 the Office of Science without making a determination that 

22 such work is unique and not duplicative of work by other 

23 Federal agencies. Not later than 3 months after receiving 

24 the assessment required under subsection (c), the Director 

25 shall cease those climate science-related initiatives identi-
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1 fied in the assessment as overlapping or duplicative, unless 

2 the Director justifies that such work is critical to achieving 

3 American energy security. 

4 (e) LOW DOSE RADIATION RESEARCH PROGRAM.— 

5 (1) IN GENERAL.—The Director of the Depart6 ment of Energy Office of Science shall carry out a re7 search program on low dose radiation. The purpose of 

8 the program is to enhance the scientific under9 standing of and reduce uncertainties associated with 

10 the effects of exposure to low dose radiation in order 

11 to inform improved risk management methods. 

12 (2) STUDY.—Not later than 60 days after the 

13 date of enactment of this Act, the Director shall enter 

14 into an agreement with the National Academies to 

15 conduct a study assessing the current status and de16 velopment of a long-term strategy for low dose radi17 ation research. Such study shall be completed not 

18 later than 18 months after the date of enactment of 

19 this Act. The study shall be conducted in coordination 

20 with Federal agencies that perform ionizing radiation 

21 effects research and shall leverage the most current 

22 studies in this field. Such study shall— 

23 (A) identify current scientific challenges for 

24 understanding the long-term effects of ionizing 

25 radiation; 
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1 (B) assess the status of current low dose ra2 diation research in the United States and inter3 nationally; 

4 (C) formulate overall scientific goals for the 

5 future of low-dose radiation research in the 

6 United States; 

7 (D) recommend a long-term strategic and 

8 prioritized research agenda to address scientific 

9 research goals for overcoming the identified sci10 entific challenges in coordination with other re11 search efforts; 

12 (E) define the essential components of a re13 search program that would address this research 

14 agenda within the universities and the National 

15 Laboratories; and 

16 (F) assess the cost-benefit effectiveness of 

17 such a program. 

18 (3) RESEARCH PLAN.—Not later than 90 days 

19 after the completion of the study performed under 

20 paragraph (2) the Secretary of Energy shall deliver 

21 to the Committee on Science, Space, and Technology 

22 of the House of Representatives and the Committee on 

23 Energy and Natural Resources of the Senate a 5-year 

24 research plan that responds to the study’s findings 
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1 and recommendations and identifies and prioritizes 

2 research needs. 

3 (4) DEFINITION.—In this subsection, the term 

4 ‘‘low dose radiation’’ means a radiation dose of less 

5 than 100 millisieverts. 

6 (5) RULE OF CONSTRUCTION.—Nothing in this 

7 subsection shall be construed to subject any research 

8 carried out by the Director under the research pro9 gram under this subsection to any limitations de10 scribed in section 977(e) of the Energy Policy Act of 

11 2005 (42 U.S.C. 16317(e)). 

12 SEC. 506. FUSION ENERGY. 

13 (a) PROGRAM.—The Director shall carry out a fusion 

14 energy sciences research program to expand the funda15 mental understanding of plasmas and matter at very high 

16 temperatures and densities and to build the scientific foun17 dation necessary to enable fusion power. 

18 (b) FUSION MATERIALS RESEARCH AND DEVELOP19 MENT.—As part of the activities authorized in section 978 

20 of the Energy Policy Act of 2005 (42 U.S.C. 16318)— 

21 (1) the Director, in coordination with the Assist22 ant Secretary for Nuclear Energy of the Department, 

23 shall carry out research and development activities to 

24 identify, characterize, and demonstrate materials that 
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1 can endure the neutron, plasma, and heat fluxes ex2 pected in a fusion power system; and 

3 (2) the Secretary shall— 

4 (A) provide an assessment of the need for a 

5 facility or facilities that can examine and test 

6 potential fusion and next generation fission ma7 terials and other enabling technologies relevant 

8 to the development of fusion power; and 

9 (B) provide an assessment of whether a sin10 gle new facility that substantially addresses 

11 magnetic fusion and next generation fission ma12 terials research needs is feasible, in conjunction 

13 with the expected capabilities of facilities oper14 ational as of the date of enactment of this Act. 

15 (c) TOKAMAK RESEARCH AND DEVELOPMENT.— 

16 (1) IN GENERAL.—As part of the program de17 scribed in subsection (a), the Director shall support 

18 research and development activities and facility oper19 ations to optimize the tokamak approach to fusion en20 ergy. 

21 (2) ITER.— 

22 (A) REPORT.—Not later than 1 year after 

23 the date of enactment of this Act, the Secretary 

24 shall submit to Congress a report providing an 

25 assessment of— 
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1 (i) the most recent schedule for ITER 

2 that has been approved by the ITER Coun3 cil; and 

4 (ii) progress of the ITER Council and 

5 the ITER Director General toward imple6 mentation of the recommendations of the 

7 Third Biennial International Organization 

8 Management Assessment Report. 

9 (B) FAIRNESS IN COMPETITION FOR SOLICI10 TATIONS FOR INTERNATIONAL PROJECT ACTIVI11 TIES.—Section 33 of the Atomic Energy Act of 

12 1954 (42 U.S.C. 2053) is amended by adding at 

13 the end the following: ‘‘For purposes of this sec14 tion, with respect to international research 

15 projects, the term ‘private facilities or labora16 tories’ shall refer to facilities or laboratories lo17 cated in the United States.’’. 

18 (C) SENSE OF CONGRESS.—It is the sense of 

19 Congress that the United States should support 

20 a robust, diverse fusion program. It is further 

21 the sense of Congress that developing the sci22 entific basis for fusion, providing research results 

23 key to the success of ITER, and training the next 

24 generation of fusion scientists are of critical im25 portance to the United States and should in no 
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1 way be diminished by participation of the 

2 United States in the ITER project. 

3 (d) INERTIAL FUSION ENERGY RESEARCH AND DE4 VELOPMENT PROGRAM.—The Secretary shall carry out a 

5 program of research and technology development in inertial 

6 fusion for energy applications, including ion beam, laser, 

7 and pulsed power fusion systems. 

8 (e) ALTERNATIVE AND ENABLING CONCEPTS.— 

9 (1) IN GENERAL.—As part of the program de10 scribed in subsection (a), the Director shall support 

11 research and development activities and facility oper12 ations at United States universities, national labora13 tories, and private facilities for a portfolio of alter14 native and enabling fusion energy concepts that may 

15 provide solutions to significant challenges to the es16 tablishment of a commercial magnetic fusion power 

17 plant, prioritized based on the ability of the United 

18 States to play a leadership role in the international 

19 fusion research community. Fusion energy concepts 

20 and activities explored under this paragraph may in21 clude— 

22 (A) high magnetic field approaches facili23 tated by high temperature superconductors; 

24 (B) advanced stellarator concepts; 
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1 (C) non-tokamak confinement configura2 tions operating at low magnetic fields; 

3 (D) magnetized target fusion energy con4 cepts; 

5 (E) liquid metals to address issues associ6 ated with fusion plasma interactions with the 

7 inner wall of the encasing device; 

8 (F) immersion blankets for heat manage9 ment and fuel breeding; 

10 (G) advanced scientific computing activi11 ties; and 

12 (H) other promising fusion energy concepts 

13 identified by the Director. 

14 (2) COORDINATION WITH ARPA–E.—The Under 

15 Secretary and the Director shall coordinate with the 

16 Director of the Advanced Research Projects Agency– 

17 Energy (in this paragraph referred to as ‘‘ARPA–E’’) 

18 to— 

19 (A) assess the potential for any fusion en20 ergy project supported by ARPA–E to represent 

21 a promising approach to a commercially viable 

22 fusion power plant; 

23 (B) determine whether the results of any fu24 sion energy project supported by ARPA–E merit 
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1 the support of follow-on research activities car2 ried out by the Office of Science; and 

3 (C) avoid unintentional duplication of ac4 tivities. 

5 (f) GENERAL PLASMA SCIENCE AND APPLICATIONS.— 

6 Not later than 2 years after the date of enactment of this 

7 Act, the Secretary shall provide to Congress an assessment 

8 of opportunities in which the United States can provide 

9 world-leading contributions to advancing plasma science 

10 and non-fusion energy applications, and identify opportu11 nities for partnering with other Federal agencies both with12 in and outside of the Department of Energy. 

13 (g) IDENTIFICATION OF PRIORITIES.— 

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

15 date of enactment of this Act, the Secretary shall 

16 transmit to Congress a report on the Department’s 

17 proposed fusion energy research and development ac18 tivities over the following 10 years under at least 3 

19 realistic budget scenarios, including a scenario based 

20 on 3 percent annual growth in the non-ITER portion 

21 of the budget for fusion energy research and develop22 ment activities. The report shall— 

23 (A) identify specific areas of fusion energy 

24 research and enabling technology development in 

25 which the United States can and should establish 
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1 or solidify a lead in the global fusion energy de2 velopment effort; 

3 (B) identify priorities for initiation of fa4 cility construction and facility decommissioning 

5 under each of those scenarios; and 

6 (C) assess the ability of the United States 

7 fusion workforce to carry out the activities iden8 tified in subparagraphs (A) and (B), including 

9 the adequacy of college and university programs 

10 to train the leaders and workers of the next gen11 eration of fusion energy researchers. 

12 (2) PROCESS.—In order to develop the report re13 quired under paragraph (1), the Secretary shall lever14 age best practices and lessons learned from the process 

15 used to develop the most recent report of the Particle 

16 Physics Project Prioritization Panel of the High En17 ergy Physics Advisory Panel. No member of the Fu18 sion Energy Sciences Advisory Committee shall be ex19 cluded from participating in developing or voting on 

20 final approval of the report required under paragraph 

21 (1). 

22 SEC. 507. NUCLEAR PHYSICS. 

23 (a) PROGRAM.—The Director shall carry out a pro24 gram of experimental and theoretical research, and support 
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1 associated facilities, to discover, explore, and understand all 

2 forms of nuclear matter. 

3 (b) ISOTOPE DEVELOPMENT AND PRODUCTION FOR

4 RESEARCH APPLICATIONS.—The Director shall carry out 

5 a program for the production of isotopes, including the de6 velopment of techniques to produce isotopes, that the Sec7 retary determines are needed for research, medical, indus8 trial, or other purposes. In making this determination, the 

9 Secretary shall— 

10 (1) ensure that, as has been the policy of the 

11 United States since the publication in 1965 of Fed12 eral Register notice 30 Fed. Reg. 3247, isotope pro13 duction activities do not compete with private indus14 try unless critical national interests necessitate the 

15 Federal Government’s involvement; 

16 (2) ensure that activities undertaken pursuant to 

17 this section, to the extent practicable, promote the 

18 growth of a robust domestic isotope production indus19 try; and 

20 (3) consider any relevant recommendations made 

21 by Federal advisory committees, the National Acad22 emies, and interagency working groups in which the 

23 Department participates. 
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1 SEC. 508. SCIENCE LABORATORIES INFRASTRUCTURE PRO2 GRAM. 

3 (a) PROGRAM.—The Director shall carry out a pro4 gram to improve the safety, efficiency, and mission readi5 ness of infrastructure at Office of Science laboratories. The 

6 program shall include projects to— 

7 (1) renovate or replace space that does not meet 

8 research needs; 

9 (2) replace facilities that are no longer cost effec10 tive to renovate or operate; 

11 (3) modernize utility systems to prevent failures 

12 and ensure efficiency; 

13 (4) remove excess facilities to allow safe and effi14 cient operations; and 

15 (5) construct modern facilities to conduct ad16 vanced research in controlled environmental condi17 tions. 

18 (b) APPROACH.—In carrying out this section, the Di19 rector shall utilize all available approaches and mecha20 nisms, including capital line items, minor construction 

21 projects, energy savings performance contracts, utility en22 ergy service contracts, alternative financing, and expense 

23 funding, as appropriate. 

24 SEC. 509. DOMESTIC MANUFACTURING. 

25 Not later than 1 year after the date of enactment of 

26 this Act, the Secretary shall transmit to the Committee on 
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1 Science, Space, and Technology of the House of Representa2 tives and the Committee on Energy and Natural Resources 

3 of the Senate a report on the current ability of domestic 

4 manufacturers to meet the procurement requirements for 

5 major ongoing projects funded by the Office of Science of 

6 the Department, including a calculation of the percentage 

7 of equipment acquired from domestic manufacturers for this 

8 purpose. 

9 SEC. 510. AUTHORIZATION OF APPROPRIATIONS. 

10 (a) FISCAL YEAR 2016.—There are authorized to be 

11 appropriated to the Secretary for the Office of Science for 

12 fiscal year 2016 $5,339,800,000, of which— 

13 (1) $1,850,000,000 shall be for Basic Energy 

14 Science; 

15 (2) $788,000,000 shall be for High Energy Phys16 ics; 

17 (3) $550,000,000 shall be for Biological and En18 vironmental Research; 

19 (4) $624,700,000 shall be for Nuclear Physics; 

20 (5) $621,000,000 shall be for Advanced Scientific 

21 Computing Research; 

22 (6) $488,000,000 shall be for Fusion Energy 

23 Sciences; 

24 (7) $113,600,000 shall be for Science Labora25 tories Infrastructure; 
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1 (8) $181,000,000 shall be for Science Program 

2 Direction; 

3 (9) $103,000,000 shall be for Safeguards and Se4 curity; and 

5 (10) $20,500,000 shall be for Workforce Develop6 ment for Teachers and Scientists. 

7 (b) FISCAL YEAR 2017.—There are authorized to be 

8 appropriated to the Secretary for the Office of Science for 

9 fiscal year 2017 $5,339,800,000, of which— 

10 (1) $1,850,000,000 shall be for Basic Energy 

11 Science; 

12 (2) $788,000,000 shall be for High Energy Phys13 ics; 

14 (3) $550,000,000 shall be for Biological and En15 vironmental Research; 

16 (4) $624,700,000 shall be for Nuclear Physics; 

17 (5) $621,000,000 shall be for Advanced Scientific 

18 Computing Research; 

19 (6) $488,000,000 shall be for Fusion Energy 

20 Sciences; 

21 (7) $113,600,000 shall be for Science Labora22 tories Infrastructure; 

23 (8) $181,000,000 shall be for Science Program 

24 Direction; 
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1 (9) $103,000,000 shall be for Safeguards and Se2 curity; and 

3 (10) $20,500,000 shall be for Workforce Develop4 ment for Teachers and Scientists. 

5 SEC. 511. DEFINITIONS. 

6 In this title— 

7 (1) the term ‘‘Department’’ means the Depart8 ment of Energy; 

9 (2) the term ‘‘Director’’ means the Director of the 

10 Office of Science of the Department; and 

11 (3) the term ‘‘Secretary’’ means the Secretary of 

12 Energy. 

13 TITLE VI—DEPARTMENT OF EN14 ERGY APPLIED RESEARCH 

15 AND DEVELOPMENT 

16 Subtitle A—Crosscutting Research 

17 and Development 

18 SEC. 601. CROSSCUTTING RESEARCH AND DEVELOPMENT. 

19 (a) CROSSCUTTING RESEARCH AND DEVELOPMENT.— 

20 The Secretary shall, through the Under Secretary for 

21 Science and Energy, utilize the capabilities of the Depart22 ment to identify strategic opportunities for collaborative re23 search, development, demonstration, and commercial appli24 cation of innovative science and technologies for— 
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1 (1) advancing the understanding of the energy2 water-land use nexus; 

3 (2) modernizing the electric grid by improving 

4 energy transmission and distribution systems security 

5 and resiliency; 

6 (3) utilizing supercritical carbon dioxide in elec7 tric power generation; 

8 (4) subsurface technology and engineering; 

9 (5) high performance computing; 

10 (6) cybersecurity; and 

11 (7) critical challenges identified through com12 prehensive energy studies, evaluations, and reviews. 

13 (b) CROSSCUTTING APPROACHES.—To the maximum 

14 extent practicable, the Secretary shall seek to leverage exist15 ing programs, and consolidate and coordinate activities, 

16 throughout the Department to promote collaboration and 

17 crosscutting approaches within programs. 

18 (c) ADDITIONAL ACTIONS.—The Secretary shall— 

19 (1) prioritize activities that promote the utiliza20 tion of all affordable domestic resources; 

21 (2) develop a rigorous and realistic planning, 

22 evaluation, and technical assessment framework for 

23 setting objective, long-term strategic goals and evalu24 ating progress that ensures the integrity and inde-
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1 pendence to insulate planning from political influence 

2 and the flexibility to adapt to market dynamics; 

3 (3) ensure that activities shall be undertaken in 

4 a manner that does not duplicate other activities 

5 within the Department or other Federal Government 

6 activities; and 

7 (4) identify programs that may be more effec8 tively left to the States, industry, nongovernmental 

9 organizations, institutions of higher education, or 

10 other stakeholders. 

11 SEC. 602. STRATEGIC RESEARCH PORTFOLIO ANALYSIS 

12 AND COORDINATION PLAN. 

13 Section 994 of Energy Policy Act of 2005 (42 U.S.C. 

14 16358) is amended to read as follows: 

15 ‘‘SEC. 994. STRATEGIC RESEARCH PORTFOLIO ANALYSIS 

16 AND COORDINATION PLAN. 

17 ‘‘(a) IN GENERAL.—The Secretary shall periodically 

18 review all of the science and technology activities of the De19 partment in a strategic framework that takes into account 

20 the frontiers of science to which the Department can con21 tribute, the national needs relevant to the Department’s 

22 statutory missions, and global energy dynamics. 

23 ‘‘(b) COORDINATION ANALYSIS AND PLAN.—As part of 

24 the review under subsection (a), the Secretary shall develop 

25 a plan to improve coordination and collaboration in re-
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1 search, development, demonstration, and commercial appli2 cation activities across Department organizational bound3 aries. 

4 ‘‘(c) PLAN CONTENTS.—The plan shall describe— 

5 ‘‘(1) crosscutting scientific and technical issues 

6 and research questions that span more than one pro7 gram or major office of the Department; 

8 ‘‘(2) how the applied technology programs of the 

9 Department are coordinating their activities, and ad10 dressing those questions; 

11 ‘‘(3) ways in which the technical interchange 

12 within the Department, particularly between the Of13 fice of Science and the applied technology programs, 

14 can be enhanced, including limited ways in which the 

15 research agendas of the Office of Science and the ap16 plied programs can better interact and assist each 

17 other; 

18 ‘‘(4) a description of how the Secretary will en19 sure that the Department’s overall research agenda 

20 include, in addition to fundamental, curiosity-driven 

21 research, fundamental research related to topics of 

22 concern to the applied programs, and applications in 

23 Departmental technology programs of research results 

24 generated by fundamental, curiosity-driven research; 
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1 ‘‘(5) critical assessments of any ongoing pro2 grams that have experienced sub-par performance or 

3 cost over-runs of 10 percent or more over 1 or more 

4 years; 

5 ‘‘(6) activities that may be more effectively left 

6 to the States, industry, nongovernmental organiza7 tions, institutions of higher education, or other stake8 holders; and 

9 ‘‘(7) detailed proposals for innovation hubs, in10 stitutes, and research centers prior to establishment or 

11 renewal by the Department, including— 

12 ‘‘(A) certification that all hubs, institutes, 

13 and research centers will advance the mission of 

14 the Department, and prioritize research, develop15 ment, and demonstration; 

16 ‘‘(B) certification that the establishment or 

17 renewal of hubs, institutes, or research centers 

18 will not diminish funds available for basic re19 search and development within the Office of 

20 Science; and 

21 ‘‘(C) certification that all hubs, institutes, 

22 and research centers established or renewed with23 in the Office of Science are consistent with the 

24 mission of the Office of Science as described in 
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1 section 209(c) of the Department of Energy Or2 ganization Act (42 U.S.C. 7139(c)). 

3 ‘‘(d) PLAN TRANSMITTAL.—Not later than 1 year after 

4 the date of enactment of the America COMPETES Reau5 thorization Act of 2015, and every 4 years thereafter, the 

6 Secretary shall transmit to the Committee on Science, 

7 Space, and Technology of the House of Representatives and 

8 the Committee on Energy and Natural Resources of the Sen9 ate the results of the review under subsection (a) and the 

10 coordination plan under subsection (b).’’. 

11 SEC. 603. STRATEGY FOR FACILITIES AND INFRASTRUC12 TURE. 

13 (a) AMENDMENTS.—Section 993 of the Energy Policy 

14 Act of 2005 (42 U.S.C. 16357) is amended— 

15 (1) by amending the section heading to read as 

16 follows: ‘‘STRATEGY FOR FACILITIES AND INFRA17 STRUCTURE’’; and 

18 (2) in subsection (b)(1), by striking ‘‘2008’’ and 

19 inserting ‘‘2018’’. 

20 (b) TABLE OF CONTENTS AMENDMENT.—The item re21 lating to section 993 in the table of contents of the Energy 

22 Policy Act of 2005 is amended to read as follows: 

‘‘Sec. 993. Strategy for facilities and infrastructure.’’. 

23 SEC. 604. ENERGY INNOVATION HUBS. 

24 (a) AUTHORIZATION OF PROGRAM.— 
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1 (1) IN GENERAL.—The Secretary of Energy shall 

2 carry out a program to enhance the Nation’s eco3 nomic, environmental, and energy security by making 

4 awards to consortia for establishing and operating 

5 Energy Innovation Hubs to conduct and support, 

6 whenever practicable at one centralized location, mul7 tidisciplinary, collaborative research, development, 

8 and demonstration of advanced energy technologies. 

9 (2) TECHNOLOGY DEVELOPMENT FOCUS.—The 

10 Secretary shall designate for each Hub a unique ad11 vanced energy technology focus. 

12 (3) COORDINATION.—The Secretary shall ensure 

13 the coordination of, and avoid unnecessary duplica14 tion of, the activities of Hubs with those of other De15 partment of Energy research entities, including the 

16 National Laboratories, the Advanced Research 

17 Projects Agency-Energy, Energy Frontier Research 

18 Centers, and within industry. 

19 (b) CONSORTIA.— 

20 (1) ELIGIBILITY.—To be eligible to receive an 

21 award under this section for the establishment and 

22 operation of a Hub, a consortium shall— 

23 (A) be composed of no fewer than two quali24 fying entities; and 
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1 (B) operate subject to an agreement entered 

2 into by its members that documents— 

3 (i) the proposed partnership agree4 ment, including the governance and man5 agement structure of the Hub; 

6 (ii) measures to enable cost-effective 

7 implementation of the program under this 

8 section; 

9 (iii) a proposed budget, including fi10 nancial contributions from non-Federal 

11 sources; 

12 (iv) a plan for managing intellectual 

13 property rights; and 

14 (v) an accounting structure that en15 ables the Secretary to ensure that the con16 sortium has complied with the requirements 

17 of this section. 

18 (2) APPLICATION.—A consortium seeking to es19 tablish and operate a Hub under this section, acting 

20 through a prime applicant, shall transmit to the Sec21 retary an application at such time, in such form, and 

22 accompanied by such information as the Secretary 

23 shall require, including a detailed description of the 

24 elements of the consortium agreement required under 

25 paragraph (1)(B). If the consortium members will not 
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1 be located at one centralized location, such applica2 tion shall include a communications plan that en3 sures close coordination and integration of the Hub’s 

4 activities. 

5 (c) SELECTION AND SCHEDULE.—The Secretary shall 

6 select consortia for awards for the establishment and oper7 ation of Hubs through competitive selection processes. In 

8 selecting consortia, the Secretary shall consider the informa9 tion a consortium must disclose according to subsection (b), 

10 as well as any existing facilities a consortium will provide 

11 for Hub activities. Awards made to a Hub shall be for a 

12 period not to exceed 5 years, subject to the availability of 

13 appropriations, after which the award may be renewed, 

14 subject to a rigorous merit review. A Hub already in exist15 ence on the date of enactment of this Act may continue to 

16 receive support for a period of 5 years, subject to the avail17 ability of appropriations, beginning on the date of estab18 lishment of that Hub. 

19 (d) HUB OPERATIONS.— 

20 (1) IN GENERAL.—Each Hub shall conduct or 

21 provide for multidisciplinary, collaborative research, 

22 development, and demonstration of advanced energy 

23 technologies within the technology development focus 

24 designated under subsection (a)(2). Each Hub shall— 
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1 (A) encourage collaboration and commu2 nication among the member qualifying entities 

3 of the consortium and awardees by conducting 

4 activities whenever practicable at one centralized 

5 location; 

6 (B) develop and publish on the Department 

7 of Energy’s website proposed plans and pro8 grams; 

9 (C) submit an annual report to the Sec10 retary summarizing the Hub’s activities, includ11 ing detailing organizational expenditures, and 

12 describing each project undertaken by the Hub; 

13 and 

14 (D) monitor project implementation and co15 ordination. 

16 (2) CONFLICTS OF INTEREST.— 

17 (A) PROCEDURES.—Hubs shall maintain 

18 conflict of interest procedures, consistent with 

19 those of the Department of Energy, to ensure 

20 that employees and consortia designees for Hub 

21 activities who are in decisionmaking capacities 

22 disclose all material conflicts of interest, and 

23 avoid such conflicts. 

24 (B) DISQUALIFICATION AND REVOCATION.— 

25 The Secretary may disqualify an application or 
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1 revoke funds distributed to a Hub if the Sec2 retary discovers a failure to comply with conflict 

3 of interest procedures established under subpara4 graph (A). 

5 (3) PROHIBITION ON CONSTRUCTION.— 

6 (A) IN GENERAL.—No funds provided pur7 suant to this section may be used for construc8 tion of new buildings or facilities for Hubs. Con9 struction of new buildings or facilities shall not 

10 be considered as part of the non-Federal share of 

11 a Hub cost-sharing agreement. 

12 (B) TEST BED AND RENOVATION EXCEP13 TION.—Nothing in this subsection shall prohibit 

14 the use of funds provided pursuant to this sec15 tion, or non-Federal cost share funds, for re16 search or for the construction of a test bed or 

17 renovations to existing buildings or facilities for 

18 the purposes of research if the Secretary deter19 mines that the test bed or renovations are limited 

20 to a scope and scale necessary for the research to 

21 be conducted. 

22 (e) TERMINATION.—Consistent with the existing au23 thorities of the Department, the Secretary may terminate 

24 an underperforming Hub for cause during the performance 

25 period. 
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1 (f) DEFINITIONS.—For purposes of this section: 

2 (1) ADVANCED ENERGY TECHNOLOGY.—The term 

3 ‘‘advanced energy technology’’ means— 

4 (A) an innovative technology— 

5 (i) that produces energy from solar, 

6 wind, geothermal, biomass, tidal, wave, 

7 ocean, or other renewable energy resources; 

8 (ii) that produces nuclear energy; 

9 (iii) for carbon capture and sequestra10 tion; 

11 (iv) that enables advanced vehicles, ve12 hicle components, and related technologies 

13 that result in significant energy savings; 

14 (v) that generates, transmits, distrib15 utes, utilizes, or stores energy more effi16 ciently than conventional technologies, in17 cluding through Smart Grid technologies; or 

18 (vi) that enhances the energy independ19 ence and security of the United States by 

20 enabling improved or expanded supply and 

21 production of domestic energy resources, in22 cluding coal, oil, and natural gas; 

23 (B) research, development, and demonstra24 tion activities necessary to ensure the long-term, 
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1 secure, and sustainable supply of energy critical 

2 elements; or 

3 (C) another innovative energy technology 

4 area identified by the Secretary. 

5 (2) HUB.—The term ‘‘Hub’’ means an Energy 

6 Innovation Hub established or operating in accord7 ance with this section, including any Energy Innova8 tion Hub existing as of the date of enactment of this 

9 Act. 

10 (3) QUALIFYING ENTITY.—The term ‘‘qualifying 

11 entity’’ means— 

12 (A) an institution of higher education; 

13 (B) an appropriate State or Federal entity, 

14 including the Department of Energy Federally 

15 Funded Research and Development Centers; 

16 (C) a nongovernmental organization with 

17 expertise in advanced energy technology research, 

18 development, demonstration, or commercial ap19 plication; or 

20 (D) any other relevant entity the Secretary 

21 considers appropriate. 
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1 Subtitle B—Electricity Delivery and 

2 Energy Reliability Research and 

3 Development 

4 SEC. 611. DISTRIBUTED ENERGY AND ELECTRIC ENERGY 

5 SYSTEMS. 

6 Section 921 of the Energy Policy Act of 2005 (42 

7 U.S.C. 16211) is amended to read as follows: 

8 ‘‘SEC. 921. DISTRIBUTED ENERGY AND ELECTRIC ENERGY 

9 SYSTEMS. 

10 ‘‘(a) IN GENERAL.—The Secretary shall carry out pro11 grams of research, development, demonstration, and com12 mercial application on distributed energy resources and 

13 systems reliability and efficiency, to improve the reliability 

14 and efficiency of distributed energy resources and systems, 

15 integrating advanced energy technologies with grid 

16 connectivity, including activities described in this subtitle. 

17 The programs shall address advanced energy technologies 

18 and systems and advanced grid security, resiliency, and re19 liability technologies. 

20 ‘‘(b) OBJECTIVES.—To the maximum extent prac21 ticable, the Secretary shall seek to— 

22 ‘‘(1) leverage existing programs; 

23 ‘‘(2) consolidate and coordinate activities 

24 throughout the Department to promote collaboration 

25 and crosscutting approaches; 
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1 ‘‘(3) ensure activities are undertaken in a man2 ner that does not duplicate other activities within the 

3 Department or other Federal Government activities; 

4 and 

5 ‘‘(4) identify programs that may be more effec6 tively left to the States, industry, nongovernmental 

7 organizations, institutions of higher education, or 

8 other stakeholders.’’. 

9 SEC. 612. ELECTRIC TRANSMISSION AND DISTRIBUTION RE10 SEARCH AND DEVELOPMENT. 

11 (a) AMENDMENTS.—Section 925 of the Energy Policy 

12 Act of 2005 (42 U.S.C. 16215) is amended— 

13 (1) by amending the section heading to read as 

14 follows: ‘‘ELECTRIC TRANSMISSION AND DIS15 TRIBUTION RESEARCH AND DEVELOPMENT’’; 

16 (2) by amending subsection (a) to read as fol17 lows: 

18 ‘‘(a) PROGRAM.—The Secretary shall establish a com19 prehensive research, development, and demonstration pro20 gram to ensure the reliability, efficiency, and environ21 mental integrity of electrical transmission and distribution 

22 systems, which shall include innovations for— 

23 ‘‘(1) advanced energy delivery technologies, en24 ergy storage technologies, materials, and systems; 
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1 ‘‘(2) advanced grid reliability and efficiency 

2 technology development; 

3 ‘‘(3) technologies contributing to significant load 

4 reductions; 

5 ‘‘(4) advanced metering, load management, and 

6 control technologies; 

7 ‘‘(5) technologies to enhance existing grid compo8 nents; 

9 ‘‘(6) the development and use of high-tempera10 ture superconductors to— 

11 ‘‘(A) enhance the reliability, operational 

12 flexibility, or power-carrying capability of elec13 tric transmission or distribution systems; or 

14 ‘‘(B) increase the efficiency of electric en15 ergy generation, transmission, distribution, or 

16 storage systems; 

17 ‘‘(7) integration of power systems, including sys18 tems to deliver high-quality electric power, electric 

19 power reliability, and combined heat and power; 

20 ‘‘(8) supply of electricity to the power grid by 

21 small scale, distributed, and residential-based power 

22 generators; 

23 ‘‘(9) the development and use of advanced grid 

24 design, operation, and planning tools; 
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1 ‘‘(10) technologies to enhance security for elec2 trical transmission and distributions systems; and 

3 ‘‘(11) any other infrastructure technologies, as 

4 appropriate.’’; and 

5 (3) by amending subsection (c) to read as fol6 lows: 

7 ‘‘(c) IMPLEMENTATION.— 

8 ‘‘(1) CONSORTIUM.—The Secretary shall consider 

9 implementing the program under this section using a 

10 consortium of participants from industry, institutions 

11 of higher education, and National Laboratories. 

12 ‘‘(2) OBJECTIVES.—To the maximum extent 

13 practicable the Secretary shall seek to— 

14 ‘‘(A) leverage existing programs; 

15 ‘‘(B) consolidate and coordinate activities, 

16 throughout the Department to promote collabora17 tion and crosscutting approaches; 

18 ‘‘(C) ensure activities are undertaken in a 

19 manner that does not duplicate other activities 

20 within the Department or other Federal Govern21 ment activities; and 

22 ‘‘(D) identify programs that may be more 

23 effectively left to the States, industry, nongovern24 mental organizations, institutions of higher edu25 cation, or other stakeholders.’’. 
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1 (b) TABLE OF CONTENTS AMENDMENT.—The item re2 lating to section 925 in the table of contents of the Energy 

3 Policy Act of 2005 is amended to read as follows: 

‘‘Sec. 925. Electric transmission and distribution research and development.’’. 

4 Subtitle C—Nuclear Energy 

5 Research and Development 

6 SEC. 621. OBJECTIVES. 

7 Section 951 of the Energy Policy Act of 2005 (42 

8 U.S.C. 16271) is amended— 

9 (1) by amending subsection (a) to read as fol10 lows: 

11 ‘‘(a) IN GENERAL.—The Secretary shall conduct pro12 grams of civilian nuclear energy research, development, 

13 demonstration, and commercial application, including ac14 tivities described in this subtitle. Such programs shall take 

15 into consideration the following objectives: 

16 ‘‘(1) Enhancing nuclear power’s viability as 

17 part of the United States energy portfolio. 

18 ‘‘(2) Reducing used nuclear fuel and nuclear 

19 waste products generated by civilian nuclear energy. 

20 ‘‘(3) Supporting technological advances in areas 

21 that industry by itself is not likely to undertake be22 cause of technical and financial uncertainty. 

23 ‘‘(4) Providing the technical means to reduce the 

24 likelihood of nuclear proliferation. 
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1 ‘‘(5) Maintaining a cadre of nuclear scientists 

2 and engineers. 

3 ‘‘(6) Maintaining National Laboratory and uni4 versity nuclear programs, including their infrastruc5 ture. 

6 ‘‘(7) Supporting both individual researchers and 

7 multidisciplinary teams of researchers to pioneer new 

8 approaches in nuclear energy, science, and technology. 

9 ‘‘(8) Developing, planning, constructing, acquir10 ing, and operating special equipment and facilities 

11 for the use of researchers. 

12 ‘‘(9) Supporting technology transfer and other 

13 appropriate activities to assist the nuclear energy in14 dustry, and other users of nuclear science and engi15 neering, including activities addressing reliability, 

16 availability, productivity, component aging, safety, 

17 and security of nuclear power plants. 

18 ‘‘(10) Reducing the environmental impact of nu19 clear energy-related activities. 

20 ‘‘(11) Researching and developing technologies 

21 and processes to meet Federal and State requirements 

22 and standards for nuclear power systems.’’; 

23 (2) by striking subsections (b) through (d); and 

24 (3) by redesignating subsection (e) as subsection 

25 (b). 
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1 SEC. 622. PROGRAM OBJECTIVES STUDY. 

2 Section 951 of the Energy Policy Act of 2005 (42 

3 U.S.C. 16271) is further amended by adding at the end the 

4 following new subsection: 

5 ‘‘(c) PROGRAM OBJECTIVES STUDY.—In furtherance of 

6 the program objectives listed in subsection (a) of this sec7 tion, the Government Accountability Office shall, within 1 

8 year after the date of enactment of this subsection, transmit 

9 to the Congress a report on the results of a study on the 

10 scientific and technical merit of major Federal and State 

11 requirements and standards, including moratoria, that 

12 delay or impede the further development and commer13 cialization of nuclear power, and how the Department can 

14 assist in overcoming such delays or impediments.’’. 

15 SEC. 623. NUCLEAR ENERGY RESEARCH AND DEVELOP16 MENT PROGRAMS. 

17 Section 952 of the Energy Policy Act of 2005 (42 

18 U.S.C. 16272) is amended by striking subsections (c) 

19 through (e) and inserting the following: 

20 ‘‘(c) REACTOR CONCEPTS.— 

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

22 out a program of research, development, demonstra23 tion, and commercial application to advance nuclear 

24 power systems as well as technologies to sustain cur25 rently deployed systems. 
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1 ‘‘(2) DESIGNS AND TECHNOLOGIES.—In con2 ducting the program under this subsection, the Sec3 retary shall examine advanced reactor designs and 

4 nuclear technologies, including those that— 

5 ‘‘(A) have higher efficiency, lower cost, and 

6 improved safety compared to reactors in oper7 ation as of the date of enactment of the America 

8 COMPETES Reauthorization Act of 2015; 

9 ‘‘(B) utilize passive safety features; 

10 ‘‘(C) minimize proliferation risks; 

11 ‘‘(D) substantially reduce production of 

12 high-level waste per unit of output; 

13 ‘‘(E) increase the life and sustainability of 

14 reactor systems currently deployed; 

15 ‘‘(F) use improved instrumentation; 

16 ‘‘(G) are capable of producing large-scale 

17 quantities of hydrogen or process heat; 

18 ‘‘(H) minimize water usage or use alter19 natives to water as a cooling mechanism; or 

20 ‘‘(I) use nuclear energy as part of an inte21 grated energy system. 

22 ‘‘(3) INTERNATIONAL COOPERATION.—In car23 rying out the program under this subsection, the Sec24 retary shall seek opportunities to enhance the progress 

25 of the program through international cooperation 
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1 through such organizations as the Generation IV 

2 International Forum or any other international col3 laboration the Secretary considers appropriate. 

4 ‘‘(4) EXCEPTIONS.—No funds authorized to be 

5 appropriated to carry out the activities described in 

6 this subsection shall be used to fund the activities au7 thorized under sections 641 through 645.’’. 

8 SEC. 624. SMALL MODULAR REACTOR PROGRAM. 

9 Section 952 of the Energy Policy Act of 2005 (42 

10 U.S.C. 16272) is further amended by adding at the end the 

11 following new subsection: 

12 ‘‘(d) SMALL MODULAR REACTOR PROGRAM.— 

13 ‘‘(1) IN GENERAL.—The Secretary shall carry 

14 out a small modular reactor program to promote re15 search, development, demonstration, and commercial 

16 application of small modular reactors, including 

17 through cost-shared projects for commercial applica18 tion of reactor systems designs. 

19 ‘‘(2) CONSULTATION.—The Secretary shall con20 sult with and utilize the expertise of the Secretary of 

21 the Navy in establishing and carrying out such pro22 gram. 

23 ‘‘(3) ADDITIONAL ACTIVITIES.—Activities may 

24 also include development of advanced computer mod25 eling and simulation tools, by Federal and non-Fed-
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1 eral entities, which demonstrate and validate new de2 sign capabilities of innovative small modular reactor 

3 designs. 

4 ‘‘(4) DEFINITION.—For the purposes of this sub5 section, the term ‘small modular reactor’ means a nu6 clear reactor meeting generally accepted industry 

7 standards— 

8 ‘‘(A) with a rated capacity of less than 300 

9 electrical megawatts; 

10 ‘‘(B) with respect to which most parts can 

11 be factory assembled and shipped as modules to 

12 a reactor plant site for assembly; and 

13 ‘‘(C) that can be constructed and operated 

14 in combination with similar reactors at a single 

15 site.’’. 

16 SEC. 625. FUEL CYCLE RESEARCH AND DEVELOPMENT. 

17 (a) AMENDMENTS.—Section 953 of the Energy Policy 

18 Act of 2005 (42 U.S.C. 16273) is amended— 

19 (1) in the section heading by striking ‘‘AD20 VANCED FUEL CYCLE INITIATIVE’’ and inserting 

21 ‘‘FUEL CYCLE RESEARCH AND DEVELOPMENT’’; 

22 (2) by striking subsection (a); 

23 (3) by redesignating subsections (b) through (d) 

24 as subsections (d) through (f), respectively; and 
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1 (4) by inserting before subsection (d), as so redes2 ignated by paragraph (3) of this subsection, the fol3 lowing new subsections: 

4 ‘‘(a) IN GENERAL.—The Secretary shall conduct a fuel 

5 cycle research, development, demonstration, and commercial 

6 application program (referred to in this section as the ‘pro7 gram’) on fuel cycle options that improve uranium resource 

8 utilization, maximize energy generation, minimize nuclear 

9 waste creation, improve safety, mitigate risk of prolifera10 tion, and improve waste management in support of a na11 tional strategy for spent nuclear fuel and the reactor con12 cepts research, development, demonstration, and commer13 cial application program under section 952(c). 

14 ‘‘(b) FUEL CYCLE OPTIONS.—Under this section the 

15 Secretary may consider implementing the following initia16 tives: 

17 ‘‘(1) OPEN CYCLE.—Developing fuels, including 

18 the use of nonuranium materials and alternate 

19 claddings, for use in reactors that increase energy 

20 generation, improve safety performance and margins, 

21 and minimize the amount of nuclear waste produced 

22 in an open fuel cycle. 

23 ‘‘(2) RECYCLE.—Developing advanced recycling 

24 technologies, including advanced reactor concepts to 

25 improve resource utilization, reduce proliferation 
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1 risks, and minimize radiotoxicity, decay heat, and 

2 mass and volume of nuclear waste to the greatest ex3 tent possible. 

4 ‘‘(3) ADVANCED STORAGE METHODS.—Devel5 oping advanced storage technologies for both onsite 

6 and long-term storage that substantially prolong the 

7 effective life of current storage devices or that substan8 tially improve upon existing nuclear waste storage 

9 technologies and methods, including repositories. 

10 ‘‘(4) FAST TEST REACTOR.—Investigating the 

11 potential research benefits of a fast test reactor user 

12 facility to conduct experiments on fuels and materials 

13 related to fuel forms and fuel cycles that will increase 

14 fuel utilization, reduce proliferation risks, and reduce 

15 nuclear waste products. 

16 ‘‘(5) ADVANCED REACTOR INNOVATION.—Devel17 oping an advanced reactor innovation testbed where 

18 national laboratories, universities, and industry can 

19 address advanced reactor design challenges to enable 

20 construction and operation of privately funded reac21 tor prototypes to resolve technical uncertainty for 

22 United States-based designs for future domestic and 

23 international markets. 

24 ‘‘(6) OTHER TECHNOLOGIES.—Developing any 

25 other technology or initiative that the Secretary deter-
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1 mines is likely to advance the objectives of the pro2 gram. 

3 ‘‘(c) ADDITIONAL ADVANCED RECYCLING AND CROSS4 CUTTING ACTIVITIES.—In addition to and in support of the 

5 specific initiatives described in paragraphs (1) through (5) 

6 of subsection (b), the Secretary may support the following 

7 activities: 

8 ‘‘(1) Development and testing of integrated proc9 ess flow sheets for advanced nuclear fuel recycling 

10 processes. 

11 ‘‘(2) Research to characterize the byproducts and 

12 waste streams resulting from fuel recycling processes. 

13 ‘‘(3) Research and development on reactor con14 cepts or transmutation technologies that improve re15 source utilization or reduce the radiotoxicity of waste 

16 streams. 

17 ‘‘(4) Research and development on waste treat18 ment processes and separations technologies, advanced 

19 waste forms, and quantification of proliferation risks. 

20 ‘‘(5) Identification and evaluation of test and ex21 perimental facilities necessary to successfully imple22 ment the advanced fuel cycle initiative. 

23 ‘‘(6) Advancement of fuel cycle-related modeling 

24 and simulation capabilities. 
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1 ‘‘(7) Research to understand the behavior of 

2 high-burnup fuels.’’. 

3 (b) CONFORMING AMENDMENT.—The item relating to 

4 section 953 in the table of contents of the Energy Policy 

5 Act of 2005 is amended to read as follows: 

‘‘Sec. 953. Fuel cycle research and development.’’. 

6 SEC. 626. NUCLEAR ENERGY ENABLING TECHNOLOGIES 

7 PROGRAM. 

8 (a) AMENDMENT.—Subtitle E of title IX of the Energy 

9 Policy Act of 2005 (42 U.S.C. 16271 et seq.) is amended 

10 by adding at the end the following new section: 

11 ‘‘SEC. 958. NUCLEAR ENERGY ENABLING TECHNOLOGIES. 

12 ‘‘(a) IN GENERAL.—The Secretary shall conduct a pro13 gram to support the integration of activities undertaken 

14 through the reactor concepts research, development, dem15 onstration, and commercial application program under sec16 tion 952(c) and the fuel cycle research and development pro17 gram under section 953, and support crosscutting nuclear 

18 energy concepts. Activities commenced under this section 

19 shall be concentrated on broadly applicable research and de20 velopment focus areas. 

21 ‘‘(b) ACTIVITIES.—Activities conducted under this sec22 tion may include research involving— 

23 ‘‘(1) advanced reactor materials; 

24 ‘‘(2) advanced radiation mitigation methods; 
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1 ‘‘(3) advanced proliferation and security risk as2 sessment methods; 

3 ‘‘(4) advanced sensors and instrumentation; 

4 ‘‘(5) high performance computation modeling, 

5 including multiphysics, multidimensional modeling 

6 simulation for nuclear energy systems, and continued 

7 development of advanced modeling simulation capa8 bilities through national laboratory, industry, and 

9 university partnerships for operations and safety per10 formance improvements of light water reactors for 

11 currently deployed and near-term reactors and ad12 vanced reactors and for the development of small 

13 modular reactors; and 

14 ‘‘(6) any crosscutting technology or trans15 formative concept aimed at establishing substantial 

16 and revolutionary enhancements in the performance 

17 of future nuclear energy systems that the Secretary 

18 considers relevant and appropriate to the purpose of 

19 this section. 

20 ‘‘(c) REPORT.—The Secretary shall submit, as part of 

21 the annual budget submission of the Department, a report 

22 on the activities of the program conducted under this sec23 tion, which shall include a brief evaluation of each activi24 ty’s progress.’’. 
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1 (b) CONFORMING AMENDMENT.—The table of contents 

2 of the Energy Policy Act of 2005 is amended by adding 

3 at the end of the items for subtitle E of title IX the following 

4 new item: 

‘‘Sec. 958. Nuclear energy enabling technologies.’’. 

5 SEC. 627. TECHNICAL STANDARDS COLLABORATION. 

6 (a) IN GENERAL.—The Director of the National Insti7 tute of Standards and Technology shall establish a nuclear 

8 energy standards committee (in this section referred to as 

9 the ‘‘technical standards committee’’) to facilitate and sup10 port, consistent with the National Technology Transfer and 

11 Advancement Act of 1995, the development or revision of 

12 technical standards for new and existing nuclear power 

13 plants and advanced nuclear technologies. 

14 (b) MEMBERSHIP.— 

15 (1) IN GENERAL.—The technical standards com16 mittee shall include representatives from appropriate 

17 Federal agencies and the private sector, and be open 

18 to materially affected organizations involved in the 

19 development or application of nuclear energy-related 

20 standards. 

21 (2) CO-CHAIRS.—The technical standards com22 mittee shall be co-chaired by a representative from the 

23 National Institute of Standards and Technology and 

24 a representative from a private sector standards orga25 nization. 
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1 (c) DUTIES.—The technical standards committee shall, 

2 in cooperation with appropriate Federal agencies— 

3 (1) perform a needs assessment to identify and 

4 evaluate the technical standards that are needed to 

5 support nuclear energy, including those needed to 

6 support new and existing nuclear power plants and 

7 advanced nuclear technologies, including developing 

8 the technical basis for regulatory frameworks for ad9 vanced reactors; 

10 (2) formulate, coordinate, and recommend prior11 ities for the development of new technical standards 

12 and the revision of existing technical standards to ad13 dress the needs identified under paragraph (1); 

14 (3) facilitate and support collaboration and co15 operation among standards developers to address the 

16 needs and priorities identified under paragraphs (1) 

17 and (2); 

18 (4) as appropriate, coordinate with other na19 tional, regional, or international efforts on nuclear 

20 energy-related technical standards in order to avoid 

21 conflict and duplication and to ensure global compat22 ibility; and 

23 (5) promote the establishment and maintenance 

24 of a database of nuclear energy-related technical 

25 standards. 
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1 (d) AUTHORIZATION OF APPROPRIATIONS.—To the ex2 tent provided for in advance by appropriations Acts, the 

3 Secretary may transfer to the Director of the National In4 stitute of Standards and Technology not to exceed 

5 $1,000,000 for fiscal year 2016 for the Secretary of Com6 merce to carry out this section from amounts appropriated 

7 for nuclear energy research and development within the Nu8 clear Energy Enabling Technologies account for the Depart9 ment. 

10 SEC. 628. AVAILABLE FACILITIES DATABASE. 

11 The Secretary shall prepare a database of non-Federal 

12 user facilities receiving Federal funds that may be used for 

13 unclassified nuclear energy research. The Secretary shall 

14 make this database accessible on the Department’s website. 

15 Subtitle D—Energy Efficiency and 

16 Renewable Energy Research and 

17 Development 

18 SEC. 641. ENERGY EFFICIENCY. 

19 Section 911 of the Energy Policy Act of 2005 (42 

20 U.S.C. 16191) is amended to read as follows: 

21 ‘‘SEC. 911. ENERGY EFFICIENCY. 

22 ‘‘(a) OBJECTIVES.—The Secretary shall conduct pro23 grams of energy efficiency research, development, dem24 onstration, and commercial application, including activi25 ties described in this subtitle. Such programs shall 
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1 prioritize activities that industry by itself is not likely to 

2 undertake because of technical challenges or regulatory un3 certainty, and take into consideration the following objec4 tives: 

5 ‘‘(1) Increasing energy efficiency. 

6 ‘‘(2) Reducing the cost of energy. 

7 ‘‘(3) Reducing the environmental impact of en8 ergy-related activities. 

9 ‘‘(b) PROGRAMS.—Programs under this subtitle shall 

10 include research, development, demonstration, and commer11 cial application of— 

12 ‘‘(1) innovative, affordable technologies to im13 prove the energy efficiency and environmental per14 formance of vehicles, including weight and drag re15 duction technologies, technologies, modeling, and sim16 ulation for increasing vehicle connectivity and auto17 mation, and whole-vehicle design optimization; 

18 ‘‘(2) cost-effective technologies, for new construc19 tion and retrofit, to improve the energy efficiency and 

20 environmental performance of buildings, using a 

21 whole-buildings approach; 

22 ‘‘(3) advanced technologies to improve the energy 

23 efficiency, environmental performance, and process ef24 ficiency of energy-intensive and waste-intensive in25 dustries; 
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1 ‘‘(4) technologies to improve the energy efficiency 

2 of appliances and mechanical systems for buildings in 

3 extreme climates, including cogeneration, 

4 trigeneration, and polygeneration units; 

5 ‘‘(5) advanced battery technologies; and 

6 ‘‘(6) fuel cell and hydrogen technologies.’’. 

7 SEC. 642. NEXT GENERATION LIGHTING INITIATIVE. 

8 Section 912 of the Energy Policy Act of 2005 (42 

9 U.S.C. 16192) and the item relating thereto in the table 

10 of contents of that Act are repealed. 

11 SEC. 643. BUILDING STANDARDS. 

12 Section 914 of the Energy Policy Act of 2005 (42 

13 U.S.C. 16194) is amended by striking subsection (c). 

14 SEC. 644. SECONDARY ELECTRIC VEHICLE BATTERY USE 

15 PROGRAM. 

16 Section 915 of the Energy Policy Act of 2005 (42 

17 U.S.C. 16195) and the item relating thereto in the table 

18 of contents of that Act are repealed. 

19 SEC. 645. NETWORK FOR MANUFACTURING INNOVATION 

20 PROGRAM. 

21 To the extent provided for in advance by appropria22 tions Acts, the Secretary may transfer to the National Insti23 tute of Standards and Technology up to $150,000,000 for 

24 the period encompassing fiscal years 2015 through 2017 

25 from amounts appropriated for advanced manufacturing 
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1 research and development under this subtitle (and the 

2 amendments made by this subtitle) for the Secretary of 

3 Commerce to carry out the Network for Manufacturing In4 novation Program authorized under section 34 of the Na5 tional Institute of Standards and Technology Act (15 

6 U.S.C. 278s). 

7 SEC. 646. ADVANCED ENERGY TECHNOLOGY TRANSFER 

8 CENTERS. 

9 Section 917 of the Energy Policy Act of 2005 (42 

10 U.S.C. 16197) is amended— 

11 (1) in subsection (a)— 

12 (A) by inserting ‘‘and’’ at the end of para13 graph (2)(B); 

14 (B) by striking ‘‘; and’’ at the end of para15 graph (3) and inserting a period; and 

16 (C) by striking paragraph (4); 

17 (2) in subsection (b)— 

18 (A) by striking paragraph (1); 

19 (B) by redesignating paragraphs (2) 

20 through (5) as paragraphs (1) through (4), re21 spectively; and 

22 (C) by striking paragraph (6); 

23 (3) by amending subsection (g) to read as fol24 lows: 
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1 ‘‘(g) PROHIBITION.—None of the funds awarded under 

2 this section may be used for the construction of facilities 

3 or the deployment of commercially available technologies.’’; 

4 and 

5 (4) by striking subsection (i). 

6 SEC. 647. RENEWABLE ENERGY. 

7 Section 931 of the Energy Policy Act of 2005 (42 

8 U.S.C. 16231) is amended to read as follows: 

9 ‘‘SEC. 931. RENEWABLE ENERGY. 

10 ‘‘(a) IN GENERAL.— 

11 ‘‘(1) OBJECTIVES.—The Secretary shall conduct 

12 programs of renewable energy research, development, 

13 demonstration, and commercial application, includ14 ing activities described in this subtitle. Such pro15 grams shall prioritize discovery research and develop16 ment and take into consideration the following objec17 tives: 

18 ‘‘(A) Increasing the conversion efficiency of 

19 all forms of renewable energy through improved 

20 technologies. 

21 ‘‘(B) Decreasing the cost of renewable en22 ergy generation and delivery. 

23 ‘‘(C) Promoting the diversity of the energy 

24 supply. 
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1 ‘‘(D) Decreasing the dependence of the 

2 United States on foreign mineral resources. 

3 ‘‘(E) Decreasing the environmental impact 

4 of renewable energy-related activities. 

5 ‘‘(F) Increasing the export of renewable gen6 eration technologies from the United States. 

7 ‘‘(2) PROGRAMS.— 

8 ‘‘(A) SOLAR ENERGY.—The Secretary shall 

9 conduct a program of research, development, 

10 demonstration, and commercial application for 

11 solar energy, including innovations in— 

12 ‘‘(i) photovoltaics; 

13 ‘‘(ii) solar heating; 

14 ‘‘(iii) concentrating solar power; 

15 ‘‘(iv) lighting systems that integrate 

16 sunlight and electrical lighting in com17 plement to each other; and 

18 ‘‘(v) development of technologies that 

19 can be easily integrated into new and exist20 ing buildings. 

21 ‘‘(B) WIND ENERGY.—The Secretary shall 

22 conduct a program of research, development, 

23 demonstration, and commercial application for 

24 wind energy, including innovations in— 

25 ‘‘(i) low speed wind energy; 
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1 ‘‘(ii) testing and verification tech2 nologies; 

3 ‘‘(iii) distributed wind energy genera4 tion; and 

5 ‘‘(iv) transformational technologies for 

6 harnessing wind energy. 

7 ‘‘(C) GEOTHERMAL.—The Secretary shall 

8 conduct a program of research, development, 

9 demonstration, and commercial application for 

10 geothermal energy, including technologies for— 

11 ‘‘(i) improving detection of geothermal 

12 resources; 

13 ‘‘(ii) decreasing drilling costs; 

14 ‘‘(iii) decreasing maintenance costs 

15 through improved materials; 

16 ‘‘(iv) increasing the potential for other 

17 revenue sources, such as mineral produc18 tion; and 

19 ‘‘(v) increasing the understanding of 

20 reservoir life cycle and management. 

21 ‘‘(D) HYDROPOWER.—The Secretary shall 

22 conduct a program of research, development, 

23 demonstration, and commercial application for 

24 technologies that enable the development of new 
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1 and incremental hydropower capacity, includ2 ing: 

3 ‘‘(i) Advanced technologies to enhance 

4 environmental performance and yield great5 er energy efficiencies. 

6 ‘‘(ii) Ocean energy, including wave en7 ergy. 

8 ‘‘(E) MISCELLANEOUS PROJECTS.—The Sec9 retary shall conduct research, development, dem10 onstration, and commercial application pro11 grams for— 

12 ‘‘(i) the combined use of renewable en13 ergy technologies with one another and with 

14 other energy technologies, including the 

15 combined use of renewable power and fossil 

16 technologies; 

17 ‘‘(ii) renewable energy technologies for 

18 cogeneration of hydrogen and electricity; 

19 and 

20 ‘‘(iii) kinetic hydro turbines. 

21 ‘‘(b) RURAL DEMONSTRATION PROJECTS.—In car22 rying out this section, the Secretary, in consultation with 

23 the Secretary of Agriculture, shall give priority to dem24 onstrations that assist in delivering electricity to rural and 

25 remote locations including— 
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1 ‘‘(1) advanced renewable power technology, in2 cluding combined use with fossil technologies; 

3 ‘‘(2) biomass; and 

4 ‘‘(3) geothermal energy systems. 

5 ‘‘(c) ANALYSIS AND EVALUATION.— 

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

7 analysis and evaluation in support of the renewable 

8 energy programs under this subtitle. These activities 

9 shall be used to guide budget and program decisions, 

10 and shall include— 

11 ‘‘(A) economic and technical analysis of re12 newable energy potential, including resource as13 sessment; 

14 ‘‘(B) analysis of past program performance, 

15 both in terms of technical advances and in mar16 ket introduction of renewable energy; 

17 ‘‘(C) assessment of domestic and inter18 national market drivers, including the impacts 

19 of any Federal, State, or local grants, loans, loan 

20 guarantees, tax incentives, statutory or regu21 latory requirements, or other government initia22 tives; and 

23 ‘‘(D) any other analysis or evaluation that 

24 the Secretary considers appropriate. 
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1 ‘‘(2) FUNDING.—The Secretary may designate 

2 up to 1 percent of the funds appropriated for car3 rying out this subtitle for analysis and evaluation ac4 tivities under this subsection. 

5 ‘‘(3) SUBMITTAL TO CONGRESS.—This analysis 

6 and evaluation shall be submitted to the Committee 

7 on Science, Space, and Technology of the House of 

8 Representatives and the Committee on Energy and 

9 Natural Resources of the Senate at least 30 days be10 fore each annual budget request is submitted to Con11 gress.’’. 

12 SEC. 648. BIOENERGY PROGRAM. 

13 Section 932 of the Energy Policy Act of 2005 (42 

14 U.S.C. 16232) is amended to read as follows: 

15 ‘‘SEC. 932. BIOENERGY PROGRAM. 

16 ‘‘(a) PROGRAM.—The Secretary shall conduct a pro17 gram of research, development, demonstration, and commer18 cial application for bioenergy, including innovations in— 

19 ‘‘(1) biopower energy systems; 

20 ‘‘(2) biofuels; 

21 ‘‘(3) bioproducts; 

22 ‘‘(4) integrated biorefineries that may produce 

23 biopower, biofuels, and bioproducts; and 

24 ‘‘(5) crosscutting research and development in 

25 feedstocks. 
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1 ‘‘(b) BIOFUELS AND BIOPRODUCTS.—The goals of the 

2 biofuels and bioproducts programs shall be to develop, in 

3 partnership with industry and institutions of higher edu4 cation— 

5 ‘‘(1) advanced biochemical and thermochemical 

6 conversion technologies capable of making fuels from 

7 lignocellulosic feedstocks that are price-competitive 

8 with fossil-based fuels and fully compatible with ei9 ther internal combustion engines or fuel cell-powered 

10 vehicles; 

11 ‘‘(2) advanced conversion of biomass to biofuels 

12 and bioproducts as part of integrated biorefineries 

13 based on either biochemical processes, thermochemical 

14 processes, or hybrids of these processes; and 

15 ‘‘(3) other advanced processes that will enable the 

16 development of cost-effective bioproducts, including 

17 biofuels. 

18 ‘‘(c) RETROFIT TECHNOLOGIES FOR THE DEVELOP19 MENT OF ETHANOL FROM CELLULOSIC MATERIALS.—The 

20 Secretary shall establish a program of research, develop21 ment, demonstration, and commercial application for tech22 nologies and processes to enable biorefineries that exclu23 sively use corn grain or corn starch as a feedstock to 

24 produce ethanol to be retrofitted to accept a range of bio25 mass, including lignocellulosic feedstocks. 
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1 ‘‘(d) LIMITATIONS.—None of the funds authorized for 

2 carrying out this section may be used to fund commercial 

3 biofuels production for defense purposes. 

4 ‘‘(e) DEFINITIONS.—In this section: 

5 ‘‘(1) BIOMASS.—The term ‘biomass’ means— 

6 ‘‘(A) any organic material grown for the 

7 purpose of being converted to energy; 

8 ‘‘(B) any organic byproduct of agriculture 

9 (including wastes from food production and 

10 processing) that can be converted into energy; or 

11 ‘‘(C) any waste material that can be con12 verted to energy, is segregated from other waste 

13 materials, and is derived from— 

14 ‘‘(i) any of the following forest-related 

15 resources: mill residues, precommercial 

16 thinnings, slash, brush, or otherwise non17 merchantable material; 

18 ‘‘(ii) wood waste materials, including 

19 waste pallets, crates, dunnage, manufac20 turing and construction wood wastes (other 

21 than pressure-treated, chemically treated, or 

22 painted wood wastes), and landscape or 

23 right-of-way tree trimmings, but not includ24 ing municipal solid waste, gas derived from 
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1 the biodegradation of municipal solid waste, 

2 or paper that is commonly recycled; or 

3 ‘‘(iii) solids derived from waste water 

4 treatment processes. 

5 ‘‘(2) LIGNOCELLULOSIC FEEDSTOCK.—The term 

6 ‘lignocellulosic feedstock’ means any portion of a 

7 plant or coproduct from conversion, including crops, 

8 trees, forest residues, grasses, and agricultural resi9 dues not specifically grown for food, including from 

10 barley grain, grapeseed, rice bran, rice hulls, rice 

11 straw, soybean matter, cornstover, and sugarcane ba12 gasse.’’. 

13 SEC. 649. CONCENTRATING SOLAR POWER RESEARCH PRO14 GRAM. 

15 Section 934 of the Energy Policy Act of 2005 (42 

16 U.S.C. 16234) and the item relating thereto in the table 

17 of contents of that Act are repealed. 

18 SEC. 650. RENEWABLE ENERGY IN PUBLIC BUILDINGS. 

19 Section 935 of the Energy Policy Act of 2005 (42 

20 U.S.C. 16235) and the item relating thereto in the table 

21 of contents of that Act are repealed. 
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1 Subtitle E—Fossil Energy Research 

2 and Development 

3 SEC. 661. FOSSIL ENERGY. 

4 Section 961 of Energy Policy Act of 2005 (42 U.S.C. 

5 16291) is amended to read as follows: 

6 ‘‘SEC. 961. FOSSIL ENERGY. 

7 ‘‘(a) IN GENERAL.—The Secretary shall carry out re8 search, development, demonstration, and commercial appli9 cation programs in fossil energy, including activities under 

10 this subtitle, with the goal of improving the efficiency, effec11 tiveness, and environmental performance of fossil energy 

12 production, upgrading, conversion, and consumption. Such 

13 programs shall take into consideration the following objec14 tives: 

15 ‘‘(1) Increasing the energy conversion efficiency 

16 of all forms of fossil energy through improved tech17 nologies. 

18 ‘‘(2) Decreasing the cost of all fossil energy pro19 duction, generation, and delivery. 

20 ‘‘(3) Promoting diversity of energy supply. 

21 ‘‘(4) Decreasing the dependence of the United 

22 States on foreign energy supplies. 

23 ‘‘(5) Decreasing the environmental impact of en24 ergy-related activities. 
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1 ‘‘(6) Increasing the export of fossil energy-related 

2 equipment, technology, and services from the United 

3 States. 

4 ‘‘(b) OBJECTIVES.—To the maximum extent prac5 ticable, the Secretary shall seek to— 

6 ‘‘(1) leverage existing programs; 

7 ‘‘(2) consolidate and coordinate activities 

8 throughout the Department to promote collaboration 

9 and crosscutting approaches; 

10 ‘‘(3) ensure activities are undertaken in a man11 ner that does not duplicate other activities within the 

12 Department or other Federal Government activities; 

13 and 

14 ‘‘(4) identify programs that may be more effec15 tively left to the States, industry, nongovernmental 

16 organizations, institutions of higher education, or 

17 other stakeholders. 

18 ‘‘(c) LIMITATIONS.— 

19 ‘‘(1) USES.—None of the funds authorized for 

20 carrying out this section may be used for Fossil En21 ergy Environmental Restoration. 

22 ‘‘(2) INSTITUTIONS OF HIGHER EDUCATION.— 

23 Not less than 20 percent of the funds appropriated for 

24 carrying out section 964 of this Act for each fiscal 
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1 year shall be dedicated to research and development 

2 carried out at institutions of higher education. 

3 ‘‘(3) USE FOR REGULATORY ASSESSMENTS OR

4 DETERMINATIONS.—The results of any research, devel5 opment, demonstration, or commercial application 

6 projects or activities of the Department authorized 

7 under this subtitle may not be used for regulatory as8 sessments or determinations by Federal regulatory 

9 authorities. 

10 ‘‘(d) ASSESSMENTS.— 

11 ‘‘(1) CONSTRAINTS AGAINST BRINGING RE12 SOURCES TO MARKET.—Not later than 1 year after 

13 the date of enactment of the America COMPETES 

14 Reauthorization Act of 2015, the Secretary shall 

15 transmit to Congress an assessment of the technical, 

16 institutional, policy, and regulatory constraints to 

17 bringing new domestic fossil resources to market. 

18 ‘‘(2) TECHNOLOGY CAPABILITIES.—Not later 

19 than 2 years after the date of enactment of the Amer20 ica COMPETES Reauthorization Act of 2015, the 

21 Secretary shall transmit to Congress a long-term as22 sessment of existing and projected technological capa23 bilities for expanded production from domestic uncon24 ventional oil, gas, and methane reserves.’’. 
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1 SEC. 662. COAL RESEARCH, DEVELOPMENT, DEMONSTRA2 TION, AND COMMERCIAL APPLICATION PRO3 GRAMS. 

4 (a) IN GENERAL.—Section 962 of the Energy Policy 

5 Act of 2005 (42 U.S.C. 16292) is amended— 

6 (1) in subsection (a)— 

7 (A) in paragraph (10), by striking ‘‘and’’ 

8 at the end; 

9 (B) in paragraph (11), by striking the pe10 riod at the end and inserting a semicolon; and 

11 (C) by adding at the end the following: 

12 ‘‘(12) specific additional programs to address 

13 water use and reuse; 

14 ‘‘(13) the testing, including the construction of 

15 testing facilities, of high temperature materials for 

16 use in advanced systems for combustion or use of coal; 

17 and 

18 ‘‘(14) innovations to application of existing coal 

19 conversion systems designed to increase efficiency of 

20 conversion, flexibility of operation, and other modi21 fications to address existing usage requirements.’’; 

22 (2) by redesignating subsections (b) through (d) 

23 as subsections (c) through (e), respectively; 

24 (3) by inserting after subsection (a) the fol25 lowing: 
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1 ‘‘(b) TRANSFORMATIONAL COAL TECHNOLOGY PRO2 GRAM.— 

3 ‘‘(1) IN GENERAL.—As part of the program es4 tablished under subsection (a), the Secretary may 

5 carry out a program designed to undertake research, 

6 development, demonstration, and commercial applica7 tion of technologies, including the accelerated develop8 ment of— 

9 ‘‘(A) chemical looping technology; 

10 ‘‘(B) supercritical carbon dioxide power 

11 generation cycles; 

12 ‘‘(C) pressurized oxycombustion, including 

13 new and retrofit technologies; and 

14 ‘‘(D) other technologies that are character15 ized by the use of— 

16 ‘‘(i) alternative energy cycles; 

17 ‘‘(ii) thermionic devices using waste 

18 heat; 

19 ‘‘(iii) fuel cells; 

20 ‘‘(iv) replacement of chemical processes 

21 with biotechnology; 

22 ‘‘(v) nanotechnology; 

23 ‘‘(vi) new materials in applications 

24 (other than extending cycles to higher tem-
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1 perature and pressure), such as membranes 

2 or ceramics; 

3 ‘‘(vii) carbon utilization, such as in 

4 construction materials, using low quality 

5 energy to reconvert back to a fuel, or manu6 factured food; 

7 ‘‘(viii) advanced gas separation con8 cepts; and 

9 ‘‘(ix) other technologies, including— 

10 ‘‘(I) modular, manufactured com11 ponents; and 

12 ‘‘(II) innovative production or re13 search techniques, such as using 3–D 

14 printer systems, for the production of 

15 early research and development proto16 types. 

17 ‘‘(2) COST SHARE.—In carrying out the program 

18 described in paragraph (1), the Secretary shall enter 

19 into partnerships with private entities to share the 

20 costs of carrying out the program. The Secretary may 

21 reduce the non-Federal cost share requirement if the 

22 Secretary determines that the reduction is necessary 

23 and appropriate considering the technological risks 

24 involved in the project.’’; and 
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1 (4) in subsection (c) (as so redesignated) by 

2 striking paragraph (1) and inserting the following: 

3 ‘‘(1) IN GENERAL.—In carrying out programs 

4 authorized by this section, the Secretary shall identify 

5 cost and performance goals for coal-based technologies 

6 that would permit the continued cost-competitive use 

7 of coal for the production of electricity, chemical feed8 stocks, transportation fuels, and other marketable 

9 products.’’. 

10 (b) ADVISORY COMMITTEE; AUTHORIZATION OF AP11 PROPRIATIONS.—Section 963 of the Energy Policy Act of 

12 2005 (42 U.S.C. 16293) is amended— 

13 (1) by amending paragraph (6) of subsection (c) 

14 to read as follows: 

15 ‘‘(6) ADVISORY COMMITTEE.— 

16 ‘‘(A) IN GENERAL.—Subject to subpara17 graph (B), the Secretary shall establish an advi18 sory committee to undertake, not less frequently 

19 than once every 3 years, a review and prepare 

20 a report on the progress being made by the De21 partment of Energy to achieve the goals de22 scribed in subsections (a) and (b) of section 962 

23 and subsection (b) of this section. 

24 ‘‘(B) MEMBERSHIP REQUIREMENTS.—Mem25 bers of the advisory committee established under 
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1 subparagraph (A) shall be appointed by the Sec2 retary, except that three members shall be ap3 pointed by the Speaker of the House of Rep4 resentatives and two members shall be appointed 

5 by the Majority Leader of the Senate. The total 

6 number of members of the advisory committee 

7 shall be 15.’’; and 

8 (2) by amending subsection (d) to read as fol9 lows: 

10 ‘‘(d) STUDY OF CARBON DIOXIDE PIPELINES.—Not 

11 later than 1 year after the date of enactment of the America 

12 COMPETES Reauthorization Act of 2015, the Secretary 

13 shall transmit to Congress the results of a study to assess 

14 the cost and feasibility of engineering, permitting, building, 

15 maintaining, regulating, and insuring a national system 

16 of carbon dioxide pipelines.’’. 

17 SEC. 663. HIGH EFFICIENCY GAS TURBINES RESEARCH AND 

18 DEVELOPMENT. 

19 (a) IN GENERAL.—The Secretary, through the Office 

20 of Fossil Energy, shall carry out a multiyear, multiphase 

21 program of research, development, demonstration, and com22 mercial application to innovate technologies to maximize 

23 the efficiency of gas turbines used in power generation sys24 tems. 
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1 (b) PROGRAM ELEMENTS.—The program under this 

2 section shall— 

3 (1) support innovative engineering and detailed 

4 gas turbine design for megawatt-scale and utility5 scale electric power generation, including— 

6 (A) high temperature materials, including 

7 superalloys, coatings, and ceramics; 

8 (B) improved heat transfer capability; 

9 (C) manufacturing technology required to 

10 construct complex three-dimensional geometry 

11 parts with improved aerodynamic capability; 

12 (D) combustion technology to produce high13 er firing temperature while lowering nitrogen 

14 oxide and carbon monoxide emissions per unit of 

15 output; 

16 (E) advanced controls and systems integra17 tion; 

18 (F) advanced high performance compressor 

19 technology; and 

20 (G) validation facilities for the testing of 

21 components and subsystems; 

22 (2) include technology demonstration through 

23 component testing, subscale testing, and full scale test24 ing in existing fleets; 
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1 (3) include field demonstrations of the developed 

2 technology elements so as to demonstrate technical 

3 and economic feasibility; and 

4 (4) assess overall combined cycle and simple 

5 cycle system performance. 

6 (c) PROGRAM GOALS.—The goals of the multiphase 

7 program established under subsection (a) shall be— 

8 (1) in phase I— 

9 (A) to develop the conceptual design of ad10 vanced high efficiency gas turbines that can 

11 achieve at least 62 percent combined cycle effi12 ciency or 47 percent simple cycle efficiency on a 

13 lower heating value basis; and 

14 (B) to develop and demonstrate the tech15 nology required for advanced high efficiency gas 

16 turbines that can achieve at least 62 percent 

17 combined cycle efficiency or 47 percent simple 

18 cycle efficiency on a lower heating value basis; 

19 and 

20 (2) in phase II, to develop the conceptual design 

21 for advanced high efficiency gas turbines that can 

22 achieve at least 65 percent combined cycle efficiency 

23 or 50 percent simple cycle efficiency on a lower heat24 ing value basis. 
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1 (d) PROPOSALS.—Within 180 days after the date of 

2 enactment of this Act, the Secretary shall solicit grant and 

3 contract proposals from industry, small businesses, univer4 sities, and other appropriate parties for conducting activi5 ties under this section. In selecting proposals, the Secretary 

6 shall emphasize— 

7 (1) the extent to which the proposal will stimu8 late the creation or increased retention of jobs in the 

9 United States; and 

10 (2) the extent to which the proposal will promote 

11 and enhance United States technology leadership. 

12 (e) COMPETITIVE AWARDS.—The provision of funding 

13 under this section shall be on a competitive basis with an 

14 emphasis on technical merit. 

15 (f) COST SHARING.—Section 988 of the Energy Policy 

16 Act of 2005 (42 U.S.C. 16352) shall apply to an award 

17 of financial assistance made under this section. 

18 Subtitle F—Advanced Research 

19 Projects Agency–Energy 

20 SEC. 671. ARPA–E AMENDMENTS. 

21 Section 5012 of the America COMPETES Act (42 

22 U.S.C. 16538) is amended— 

23 (1) by amending paragraph (1) of subsection (c) 

24 to read as follows: 
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1 ‘‘(1) IN GENERAL.—The goals of ARPA–E shall 

2 be to enhance the economic and energy security of the 

3 United States and to ensure that the United States 

4 maintains a technological lead through the develop5 ment of advanced energy technologies.’’; 

6 (2) in subsection (i)(1), by inserting ‘‘ARPA–E 

7 shall not provide funding for a project unless the pro8 spective grantee demonstrates sufficient attempts to 

9 secure private financing or indicates that the project 

10 is not independently commercially viable.’’ after ‘‘rel11 evant research agencies.’’; 

12 (3) in subsection (l)(1), by inserting ‘‘and once 

13 every 6 years thereafter,’’ after ‘‘operation for 6 

14 years,’’; and 

15 (4) by redesignating subsection (n) as subsection 

16 (o) and inserting after subsection (m) the following 

17 new subsection: 

18 ‘‘(n) PROTECTION OF PROPRIETARY INFORMATION.— 

19 ‘‘(1) IN GENERAL.—The following categories of 

20 information collected by the Advanced Research 

21 Projects Agency–Energy from recipients of financial 

22 assistance awards shall be considered privileged and 

23 confidential and not subject to disclosure pursuant to 

24 section 552 of title 5, United States Code: 
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1 ‘‘(A) Plans for commercialization of tech2 nologies developed under the award, including 

3 business plans, technology to market plans, mar4 ket studies, and cost and performance models. 

5 ‘‘(B) Investments provided to an awardee 

6 from third parties, such as venture capital, hedge 

7 fund, or private equity firms, including amounts 

8 and percentage of ownership of the awardee pro9 vided in return for such investments. 

10 ‘‘(C) Additional financial support that the 

11 awardee plans to invest or has invested into the 

12 technology developed under the award, or that 

13 the awardee is seeking from third parties. 

14 ‘‘(D) Revenue from the licensing or sale of 

15 new products or services resulting from the re16 search conducted under the award. 

17 ‘‘(2) EFFECT OF SUBSECTION.—Nothing in this 

18 subsection affects— 

19 ‘‘(A) the authority of the Secretary to use 

20 information without publicly disclosing such in21 formation; or 

22 ‘‘(B) the responsibility of the Secretary to 

23 transmit information to Congress as required by 

24 law.’’. 
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1 Subtitle G—Authorization of 

2 Appropriations 

3 SEC. 681. AUTHORIZATION OF APPROPRIATIONS. 

4 (a) ELECTRICITY DELIVERY AND ENERGY RELI5 ABILITY RESEARCH AND DEVELOPMENT.—There are au6 thorized to be appropriated to the Secretary for research, 

7 development, demonstration, and commercial application 

8 for electrical delivery and energy reliability technology ac9 tivities within the Office of Electricity $113,000,000 for 

10 each of fiscal years 2016 and 2017. 

11 (b) NUCLEAR ENERGY.— 

12 (1) IN GENERAL.—There are authorized to be ap13 propriated to the Secretary for research, development, 

14 demonstration, and commercial application for nu15 clear energy technology activities within the Office of 

16 Nuclear Energy $504,600,000 for each of fiscal years 

17 2016 and 2017. 

18 (2) LIMITATION.—Any amounts made available 

19 pursuant to the authorization of appropriations 

20 under paragraph (1) shall not be derived from the 

21 Nuclear Waste Fund established under section 302(c) 

22 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 

23 10222(c)). 

24 (c) ENERGY EFFICIENCY AND RENEWABLE ENERGY.— 

25 There are authorized to be appropriated to the Secretary 
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1 for research, development, demonstration, and commercial 

2 application for energy efficiency and renewable energy tech3 nology activities within the Office of Energy Efficiency and 

4 Renewable Energy $1,193,500,000 for each of fiscal years 

5 2016 and 2017. 

6 (d) FOSSIL ENERGY.—There are authorized to be ap7 propriated to the Secretary for research, development, dem8 onstration, and commercial application for fossil energy 

9 technology activities within the Office of Fossil Energy 

10 $605,000,000 for each of fiscal years 2016 and 2017. 

11 (e) ARPA–E.—There are authorized to be appro12 priated to the Secretary for the Advanced Research Projects 

13 Agency–Energy $140,000,000 for each of fiscal years 2016 

14 and 2017. 

15 Subtitle H—Definitions 

16 SEC. 691. DEFINITIONS. 

17 In this title— 

18 (1) the term ‘‘Department’’ means the Depart19 ment of Energy; and 

20 (2) the term ‘‘Secretary’’ means the Secretary of 

21 Energy. 
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1 TITLE VII—DEPARTMENT OF EN2 ERGY TECHNOLOGY TRANS3 FER 

4 Subtitle A—In General 

5 SEC. 701. DEFINITIONS. 

6 In this title: 

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

8 means the Department of Energy. 

9 (2) NATIONAL LABORATORY.—The term ‘‘Na10 tional Laboratory’’ means a Department of Energy 

11 nonmilitary national laboratory, including— 

12 (A) Ames Laboratory; 

13 (B) Argonne National Laboratory; 

14 (C) Brookhaven National Laboratory; 

15 (D) Fermi National Accelerator Laboratory; 

16 (E) Idaho National Laboratory; 

17 (F) Lawrence Berkeley National Labora18 tory; 

19 (G) National Energy Technology Labora20 tory; 

21 (H) National Renewable Energy Labora22 tory; 

23 (I) Oak Ridge National Laboratory; 

24 (J) Pacific Northwest National Laboratory; 

25 (K) Princeton Plasma Physics Laboratory; 
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1 (L) Savannah River National Laboratory; 

2 (M) Stanford Linear Accelerator Center; 

3 (N) Thomas Jefferson National Accelerator 

4 Facility; and 

5 (O) any laboratory operated by the Na6 tional Nuclear Security Administration, but 

7 only with respect to the civilian energy activities 

8 thereof. 

9 (3) SECRETARY.—The term ‘‘Secretary’’ means 

10 the Secretary of Energy. 

11 SEC. 702. SAVINGS CLAUSE. 

12 Nothing in this title or an amendment made by this 

13 title abrogates or otherwise affects the primary responsibil14 ities of any National Laboratory to the Department. 

15 Subtitle B—Innovation Manage16 ment at Department of Energy 

17 SEC. 712. TECHNOLOGY TRANSFER AND TRANSITIONS AS18 SESSMENT. 

19 Not later than 1 year after the date of enactment of 

20 this Act, and annually thereafter, the Secretary shall trans21 mit to the Committee on Science, Space, and Technology 

22 of the House of Representatives and the Committee on En23 ergy and Natural Resources of the Senate a report which 

24 shall include— 
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1 (1) an assessment of the Department’s current 

2 ability to carry out the goals of section 1001 of the 

3 Energy Policy Act of 2005 (42 U.S.C. 16391), includ4 ing an assessment of the role and effectiveness of the 

5 Director of the Office of Technology Transitions; and 

6 (2) recommended departmental policy changes 

7 and legislative changes to section 1001 of the Energy 

8 Policy Act of 2005 (42 U.S.C. 16391) to improve the 

9 Department’s ability to successfully transfer new en10 ergy technologies to the private sector. 

11 SEC. 713. SENSE OF CONGRESS. 

12 It is the sense of the Congress that the Secretary should 

13 encourage the National Laboratories and federally funded 

14 research and development centers to inform small businesses 

15 of the opportunities and resources that exist pursuant to 

16 this title. 

17 SEC. 714. NUCLEAR ENERGY INNOVATION. 

18 Not later than 180 days after the date of enactment 

19 of this Act, the Secretary, in consultation with the National 

20 Laboratories, relevant Federal agencies, and other stake21 holders, shall transmit to the Committee on Science, Space, 

22 and Technology of the House of Representatives and the 

23 Committee on Energy and Natural Resources of the Senate 

24 a report assessing the Department’s capabilities to author25 ize, host, and oversee privately funded fusion and non-light 
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1 water reactor prototypes and related demonstration facili2 ties at Department-owned sites. For purposes of this report, 

3 the Secretary shall consider the Department’s capabilities 

4 to facilitate privately-funded prototypes up to 20 

5 megawatts thermal output. The report shall address the fol6 lowing: 

7 (1) The Department’s safety review and oversight 

8 capabilities. 

9 (2) Potential sites capable of hosting research, 

10 development, and demonstration of prototype reactors 

11 and related facilities for the purpose of reducing tech12 nical risk. 

13 (3) The Department’s and National Labora14 tories’ existing physical and technical capabilities rel15 evant to research, development, and oversight. 

16 (4) The efficacy of the Department’s available 

17 contractual mechanisms, including cooperative re18 search and development agreements, work for others 

19 agreements, and agreements for commercializing tech20 nology. 

21 (5) Potential cost structures related to physical 

22 security, decommissioning, liability, and other long23 term project costs. 

24 (6) Other challenges or considerations identified 

25 by the Secretary, including issues related to potential 
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1 cases of demonstration reactors up to 2 gigawatts of 

2 thermal output. 

3 Subtitle C—Cross-Sector Partner4 ships and Grant Competitiveness 

5 SEC. 721. AGREEMENTS FOR COMMERCIALIZING TECH6 NOLOGY PILOT PROGRAM. 

7 (a) IN GENERAL.—The Secretary shall carry out the 

8 Agreements for Commercializing Technology pilot program 

9 of the Department, as announced by the Secretary on De10 cember 8, 2011, in accordance with this section. 

11 (b) TERMS.—Each agreement entered into pursuant to 

12 the pilot program referred to in subsection (a) shall provide 

13 to the contractor of the applicable National Laboratory, to 

14 the maximum extent determined to be appropriate by the 

15 Secretary, increased authority to negotiate contract terms, 

16 such as intellectual property rights, payment structures, 

17 performance guarantees, and multiparty collaborations. 

18 (c) ELIGIBILITY.— 

19 (1) IN GENERAL.—Any director of a National 

20 Laboratory may enter into an agreement pursuant to 

21 the pilot program referred to in subsection (a). 

22 (2) AGREEMENTS WITH NON-FEDERAL ENTI23 TIES.—To carry out paragraph (1) and subject to 

24 paragraph (3), the Secretary shall permit the direc25 tors of the National Laboratories to execute agree-
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1 ments with a non-Federal entity, including a non2 Federal entity already receiving Federal funding that 

3 will be used to support activities under agreements 

4 executed pursuant to paragraph (1), provided that 

5 such funding is solely used to carry out the purposes 

6 of the Federal award. 

7 (3) RESTRICTION.—The requirements of chapter 

8 18 of title 35, United States Code (commonly known 

9 as the ‘‘Bayh-Dole Act’’) shall apply if— 

10 (A) the agreement is a funding agreement 

11 (as that term is defined in section 201 of that 

12 title); and 

13 (B) at least one of the parties to the funding 

14 agreement is eligible to receive rights under that 

15 chapter. 

16 (d) SUBMISSION TO SECRETARY.—Each affected direc17 tor of a National Laboratory shall submit to the Secretary, 

18 with respect to each agreement entered into under this sec19 tion— 

20 (1) a summary of information relating to the 

21 relevant project; 

22 (2) the total estimated costs of the project; 

23 (3) estimated commencement and completion 

24 dates of the project; and 
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1 (4) other documentation determined to be appro2 priate by the Secretary. 

3 (e) CERTIFICATION.—The Secretary shall require the 

4 contractor of the affected National Laboratory to certify 

5 that each activity carried out under a project for which an 

6 agreement is entered into under this section— 

7 (1) is not in direct competition with the private 

8 sector; and 

9 (2) does not present, or minimizes, any apparent 

10 conflict of interest, and avoids or neutralizes any ac11 tual conflict of interest, as a result of the agreement 

12 under this section. 

13 (f) EXTENSION.—The pilot program referred to in sub14 section (a) shall be extended until October 31, 2017. 

15 (g) REPORTS.— 

16 (1) OVERALL ASSESSMENT.—Not later than 60 

17 days after the date described in subsection (f), the 

18 Secretary, in coordination with directors of the Na19 tional Laboratories, shall submit to the Committee on 

20 Science, Space, and Technology of the House of Rep21 resentatives and the Committee on Energy and Nat22 ural Resources of the Senate a report that— 

23 (A) assesses the overall effectiveness of the 

24 pilot program referred to in subsection (a); 
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1 (B) identifies opportunities to improve the 

2 effectiveness of the pilot program; 

3 (C) assesses the potential for program ac4 tivities to interfere with the responsibilities of the 

5 National Laboratories to the Department; and 

6 (D) provides a recommendation regarding 

7 the future of the pilot program. 

8 (2) TRANSPARENCY.—The Secretary, in coordi9 nation with directors of the National Laboratories, 

10 shall submit to the Committee on Science, Space, and 

11 Technology of the House of Representatives and the 

12 Committee on Energy and Natural Resources of the 

13 Senate an annual report that accounts for all 

14 incidences of, and provides a justification for, non15 Federal entities using funds derived from a Federal 

16 contract or award to carry out agreements pursuant 

17 to this section. 

18 SEC. 722. PUBLIC-PRIVATE PARTNERSHIPS FOR COMMER19 CIALIZATION. 

20 (a) IN GENERAL.—Subject to subsections (b) and (c), 

21 the Secretary shall delegate to directors of the National Lab22 oratories signature authority with respect to any agreement 

23 described in subsection (b) the total cost of which (including 

24 the National Laboratory contributions and project recipient 

25 cost share) is less than $1 million. 
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1 (b) AGREEMENTS.—Subsection (a) applies to— 

2 (1) a cooperative research and development 

3 agreement; 

4 (2) a non-Federal work-for-others agreement; and 

5 (3) any other agreement determined to be appro6 priate by the Secretary, in collaboration with the di7 rectors of the National Laboratories. 

8 (c) ADMINISTRATION.— 

9 (1) ACCOUNTABILITY.—The director of the af10 fected National Laboratory and the affected contractor 

11 shall carry out an agreement under this section in ac12 cordance with applicable policies of the Department, 

13 including by ensuring that the agreement does not 

14 compromise any national security, economic, or envi15 ronmental interest of the United States. 

16 (2) CERTIFICATION.—The director of the affected 

17 National Laboratory and the affected contractor shall 

18 certify that each activity carried out under a project 

19 for which an agreement is entered into under this sec20 tion does not present, or minimizes, any apparent 

21 conflict of interest, and avoids or neutralizes any ac22 tual conflict of interest, as a result of the agreement 

23 under this section. 

24 (3) AVAILABILITY OF RECORDS.—On entering an 

25 agreement under this section, the director of a Na-
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1 tional Laboratory shall submit to the Secretary for 

2 monitoring and review all records of the National 

3 Laboratory relating to the agreement. 

4 (4) RATES.—The director of a National Labora5 tory may charge higher rates for services performed 

6 under a partnership agreement entered into pursuant 

7 to this section, regardless of the full cost of recovery, 

8 if such funds are used exclusively to support further 

9 research and development activities at the respective 

10 National Laboratory. 

11 (d) EXCEPTION.—This section does not apply to any 

12 agreement with a majority foreign-owned company. 

13 (e) CONFORMING AMENDMENT.—Section 12 of the Ste14 venson-Wydler Technology Innovation Act of 1980 (15 

15 U.S.C. 3710a) is amended— 

16 (1) in subsection (a)— 

17 (A) by redesignating paragraphs (1) and 

18 (2) as subparagraphs (A) and (B), respectively, 

19 and indenting the subparagraphs appropriately; 

20 (B) by striking ‘‘Each Federal agency’’ and 

21 inserting the following: 

22 ‘‘(1) IN GENERAL.—Except as provided in para23 graph (2), each Federal agency’’; and 

24 (C) by adding at the end the following: 
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1 ‘‘(2) EXCEPTION.—Notwithstanding paragraph 

2 (1), in accordance with section 722(a) of the America 

3 COMPETES Reauthorization Act of 2015, approval 

4 by the Secretary of Energy shall not be required for 

5 any technology transfer agreement proposed to be en6 tered into by a National Laboratory of the Depart7 ment of Energy, the total cost of which (including the 

8 National Laboratory contributions and project recipi9 ent cost share) is less than $1 million.’’; and 

10 (2) in subsection (b), by striking ‘‘subsection 

11 (a)(1)’’ each place it appears and inserting ‘‘sub12 section (a)(1)(A)’’. 

13 SEC. 723. INCLUSION OF EARLY-STAGE TECHNOLOGY DEM14 ONSTRATION IN AUTHORIZED TECHNOLOGY 

15 TRANSFER ACTIVITIES. 

16 Section 1001 of the Energy Policy Act of 2005 (42 

17 U.S.C. 16391) is amended by— 

18 (1) redesignating subsection (g) as subsection (h); 

19 and 

20 (2) inserting after subsection (f) the following: 

21 ‘‘(g) EARLY-STAGE TECHNOLOGY DEMONSTRATION.— 

22 The Secretary shall permit the directors of the National 

23 Laboratories to use funds authorized to support technology 

24 transfer within the Department to carry out early-stage and 

25 pre-commercial technology demonstration activities to re-
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1 move technology barriers that limit private sector interest 

2 and demonstrate potential commercial applications of any 

3 research and technologies arising from National Laboratory 

4 activities.’’. 

5 SEC. 724. FUNDING COMPETITIVENESS FOR INSTITUTIONS 

6 OF HIGHER EDUCATION AND OTHER NON7 PROFIT INSTITUTIONS. 

8 Section 988(b) of the Energy Policy Act of 2005 (42 

9 U.S.C. 16352(b)) is amended— 

10 (1) in paragraph (1), by striking ‘‘Except as 

11 provided in paragraphs (2) and (3)’’ and inserting 

12 ‘‘Except as provided in paragraphs (2), (3), and (4)’’; 

13 and 

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

15 ‘‘(4) EXEMPTION FOR INSTITUTIONS OF HIGHER

16 EDUCATION AND OTHER NONPROFIT INSTITUTIONS.— 

17 ‘‘(A) IN GENERAL.—Paragraph (1) shall 

18 not apply to a research or development activity 

19 performed by an institution of higher education 

20 or nonprofit institution (as defined in section 4 

21 of the Stevenson-Wydler Technology Innovation 

22 Act of 1980 (15 U.S.C. 3703)). 

23 ‘‘(B) TERMINATION DATE.—The exemption 

24 under subparagraph (A) shall apply during the 
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1 6-year period beginning on the date of enactment 

2 of this paragraph.’’. 

3 SEC. 725. PARTICIPATION IN THE INNOVATION CORPS PRO4 GRAM. 

5 The Secretary may enter into an agreement with the 

6 Director of the National Science Foundation to enable re7 searchers funded by the Department to participate in the 

8 National Science Foundation Innovation Corps program. 

9 Subtitle D—Assessment of Impact 

10 SEC. 731. REPORT BY GOVERNMENT ACCOUNTABILITY OF11 FICE. 

12 Not later than 3 years after the date of enactment of 

13 this Act, the Comptroller General of the United States shall 

14 submit to Congress a report— 

15 (1) describing the results of the projects developed 

16 under sections 721, 722, and 723, including informa17 tion regarding— 

18 (A) partnerships initiated as a result of 

19 those projects and the potential linkages pre20 sented by those partnerships with respect to na21 tional priorities and other taxpayer-funded re22 search; and 

23 (B) whether the activities carried out under 

24 those projects result in— 

25 (i) fiscal savings; 
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1 (ii) expansion of National Laboratory 

2 capabilities; 

3 (iii) increased efficiency of technology 

4 transfers; or 

5 (iv) an increase in general efficiency of 

6 the National Laboratory system; and 

7 (2) assess the scale, scope, efficacy, and impact 

8 of the Department’s efforts to promote technology 

9 transfer and private sector engagement at the Na10 tional Laboratories, and make recommendations on 

11 how the Department can improve these activities. 

12 TITLE XXXIII—NUCLEAR ENERGY 

13 INNOVATION CAPABILITIES 

14 SEC. 3301. SHORT TITLE. 

15 This title may be cited as the ‘‘Nuclear Energy Innova16 tion Capabilities Act’’. 

17 SEC. 3302. NUCLEAR ENERGY. 

18 Section 951 of the Energy Policy Act of 2005 (42 

19 U.S.C. 16271) is amended to read as follows: 

20 ‘‘SEC. 951. NUCLEAR ENERGY. 

21 ‘‘(a) MISSION.—The Secretary shall conduct programs 

22 of civilian nuclear research, development, demonstration, 

23 and commercial application, including activities in this 

24 subtitle. Such programs shall take into consideration the 

25 following objectives: 
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1 ‘‘(1) Providing research infrastructure to pro2 mote scientific progress and enable users from aca3 demia, the National Laboratories, and the private sec4 tor to make scientific discoveries relevant for nuclear, 

5 chemical, and materials science engineering. 

6 ‘‘(2) Maintaining National Laboratory and uni7 versity nuclear energy research and development pro8 grams, including their infrastructure. 

9 ‘‘(3) Providing the technical means to reduce the 

10 likelihood of nuclear weapons proliferation and in11 creasing confidence margins for public safety of nu12 clear energy systems. 

13 ‘‘(4) Reducing the environmental impact of nu14 clear energy related activities. 

15 ‘‘(5) Supporting technology transfer from the 

16 National Laboratories to the private sector. 

17 ‘‘(6) Enabling the private sector to partner with 

18 the National Laboratories to demonstrate novel reac19 tor concepts for the purpose of resolving technical un20 certainty associated with the aforementioned objec21 tives in this subsection. 

22 ‘‘(b) DEFINITIONS.—In this subtitle: 

23 ‘‘(1) ADVANCED NUCLEAR REACTOR.—The term 

24 ‘advanced nuclear reactor’ means— 
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1 ‘‘(A) a nuclear fission reactor with signifi2 cant improvements over the most recent genera3 tion of nuclear fission reactors, which may in4 clude inherent safety features, lower waste yields, 

5 greater fuel utilization, superior reliability, re6 sistance to proliferation, and increased thermal 

7 efficiency; or 

8 ‘‘(B) a nuclear fusion reactor. 

9 ‘‘(2) FAST NEUTRON.—The term ‘fast neutron’ 

10 means a neutron with kinetic energy above 100 

11 kiloelectron volts. 

12 ‘‘(3) NATIONAL LABORATORY.—The term ‘Na13 tional Laboratory’ has the meaning given that term 

14 in paragraph (3) of section 2, except that with respect 

15 to subparagraphs (G), (H), and (N) of such para16 graph, for purposes of this subtitle the term includes 

17 only the civilian activities thereof. 

18 ‘‘(4) NEUTRON FLUX.—The term ‘neutron flux’ 

19 means the intensity of neutron radiation measured as 

20 a rate of flow of neutrons applied over an area. 

21 ‘‘(5) NEUTRON SOURCE.—The term ‘neutron 

22 source’ means a research machine that provides neu23 tron irradiation services for research on materials 

24 sciences and nuclear physics as well as testing of ad-
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1 vanced materials, nuclear fuels, and other related 

2 components for reactor systems.’’. 

3 SEC. 3303. NUCLEAR ENERGY RESEARCH PROGRAMS. 

4 Section 952 of the Energy Policy Act of 2005 (42 

5 U.S.C. 16272) is amended— 

6 (1) by striking subsection (c); and 

7 (2) by redesignating subsections (d) and (e) as 

8 subsections (c) and (d), respectively. 

9 SEC. 3304. ADVANCED FUEL CYCLE INITIATIVE. 

10 Section 953(a) of the Energy Policy Act of 2005 (42 

11 U.S.C. 16273(a)) is amended by striking ‘‘, acting through 

12 the Director of the Office of Nuclear Energy, Science and 

13 Technology,’’. 

14 SEC. 3305. UNIVERSITY NUCLEAR SCIENCE AND ENGINEER15 ING SUPPORT. 

16 Section 954(d)(4) of the Energy Policy Act of 2005 (42 

17 U.S.C. 16274(d)(4)) is amended by striking ‘‘as part of a 

18 taking into consideration effort that emphasizes’’ and in19 serting ‘‘that emphasize’’. 

20 SEC. 3306. DEPARTMENT OF ENERGY CIVILIAN NUCLEAR IN21 FRASTRUCTURE AND FACILITIES. 

22 Section 955 of the Energy Policy Act of 2005 (42 

23 U.S.C. 16275) is amended— 

24 (1) by striking subsections (c) and (d); and 

25 (2) by adding at the end the following: 
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1 ‘‘(c) VERSATILE NEUTRON SOURCE.— 

2 ‘‘(1) MISSION NEED.—Not later than December 

3 31, 2016, the Secretary shall determine the mission 

4 need for a versatile reactor-based fast neutron source, 

5 which shall operate as a national user facility. Dur6 ing this process, the Secretary shall consult with the 

7 private sector, universities, National Laboratories, 

8 and relevant Federal agencies to ensure that this user 

9 facility will meet the research needs of the largest pos10 sible majority of prospective users. 

11 ‘‘(2) ESTABLISHMENT.—Upon the determination 

12 of mission need made under paragraph (1), the Sec13 retary shall, as expeditiously as possible, provide to 

14 the Committee on Science, Space, and Technology of 

15 the House of Representatives and the Committee on 

16 Energy and Natural Resources of the Senate a de17 tailed plan for the establishment of the user facility. 

18 ‘‘(3) FACILITY REQUIREMENTS.— 

19 ‘‘(A) CAPABILITIES.—The Secretary shall 

20 ensure that this user facility will provide, at a 

21 minimum, the following capabilities: 

22 ‘‘(i) Fast neutron spectrum irradiation 

23 capability. 

24 ‘‘(ii) Capacity for upgrades to accom25 modate new or expanded research needs. 
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1 ‘‘(B) CONSIDERATIONS.—In carrying out 

2 the plan provided under paragraph (2), the Sec3 retary shall consider the following: 

4 ‘‘(i) Capabilities that support experi5 mental high-temperature testing. 

6 ‘‘(ii) Providing a source of fast neu7 trons at a neutron flux, higher than that at 

8 which current research facilities operate, 

9 sufficient to enable research for an optimal 

10 base of prospective users. 

11 ‘‘(iii) Maximizing irradiation flexi12 bility and irradiation volume to accommo13 date as many concurrent users as possible. 

14 ‘‘(iv) Capabilities for irradiation with 

15 neutrons of a lower energy spectrum. 

16 ‘‘(v) Multiple loops for fuels and mate17 rials testing in different coolants. 

18 ‘‘(vi) Additional pre-irradiation and 

19 post-irradiation examination capabilities. 

20 ‘‘(vii) Lifetime operating costs and 

21 lifecycle costs. 

22 ‘‘(4) REPORTING PROGRESS.—The Department 

23 shall, in its annual budget requests, provide an expla24 nation for any delay in its progress and otherwise 

25 make every effort to complete construction and ap-
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1 prove the start of operations for this facility by De2 cember 31, 2025. 

3 ‘‘(5) COORDINATION.—The Secretary shall lever4 age the best practices for management, construction, 

5 and operation of national user facilities from the Of6 fice of Science.’’. 

7 SEC. 3307. SECURITY OF NUCLEAR FACILITIES. 

8 Section 956 of the Energy Policy Act of 2005 (42 

9 U.S.C. 16276) is amended by striking ‘‘, acting through the 

10 Director of the Office of Nuclear Energy, Science and Tech11 nology,’’. 

12 SEC. 3308. HIGH-PERFORMANCE COMPUTATION AND SUP13 PORTIVE RESEARCH. 

14 Section 957 of the Energy Policy Act of 2005 (42 

15 U.S.C. 16277) is amended to read as follows: 

16 ‘‘SEC. 957. HIGH-PERFORMANCE COMPUTATION AND SUP17 PORTIVE RESEARCH. 

18 ‘‘(a) MODELING AND SIMULATION.—The Secretary 

19 shall carry out a program to enhance the Nation’s capabili20 ties to develop new reactor technologies through high-per21 formance computation modeling and simulation techniques. 

22 This program shall coordinate with relevant Federal agen23 cies through the National Strategic Computing Initiative 

24 created under Executive Order No. 13702 (July 29, 2015) 

25 while taking into account the following objectives: 
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1 ‘‘(1) Utilizing expertise from the private sector, 

2 universities, and National Laboratories to develop 

3 computational software and capabilities that prospec4 tive users may access to accelerate research and devel5 opment of advanced nuclear reactor systems, and re6 actor systems for space exploration. 

7 ‘‘(2) Developing computational tools to simulate 

8 and predict nuclear phenomena that may be vali9 dated through physical experimentation. 

10 ‘‘(3) Increasing the utility of the Department’s 

11 research infrastructure by coordinating with the Ad12 vanced Scientific Computing Research program with13 in the Office of Science. 

14 ‘‘(4) Leveraging experience from the Energy In15 novation Hub for Modeling and Simulation. 

16 ‘‘(5) Ensuring that new experimental and com17 putational tools are accessible to relevant research 

18 communities. 

19 ‘‘(b) SUPPORTIVE RESEARCH ACTIVITIES.—The Sec20 retary shall consider support for additional research activi21 ties to maximize the utility of its research facilities, includ22 ing physical processes to simulate degradation of materials 

23 and behavior of fuel forms and for validation of computa24 tional tools.’’. 
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1 SEC. 3309. ENABLING NUCLEAR ENERGY INNOVATION. 

2 Subtitle E of title IX of the Energy Policy Act of 2005 

3 (42 U.S.C. 16271 et seq.) is amended by adding at the end 

4 the following: 

5 ‘‘SEC. 958. ENABLING NUCLEAR ENERGY INNOVATION. 

6 ‘‘(a) NATIONAL REACTOR INNOVATION CENTER.—The 

7 Secretary shall carry out a program to enable the testing 

8 and demonstration of reactor concepts to be proposed and 

9 funded by the private sector. The Secretary shall leverage 

10 the technical expertise of relevant Federal agencies and Na11 tional Laboratories in order to minimize the time required 

12 to enable construction and operation of privately funded ex13 perimental reactors at National Laboratories or other De14 partment-owned sites. Such reactors shall operate to meet 

15 the following objectives: 

16 ‘‘(1) Enabling physical validation of novel reac17 tor concepts. 

18 ‘‘(2) Resolving technical uncertainty and in19 creasing practical knowledge relevant to safety, resil20 ience, security, and functionality of first-of-a-kind re21 actor concepts. 

22 ‘‘(3) General research and development to im23 prove nascent technologies. 

24 ‘‘(b) REPORTING REQUIREMENT.—Not later than 180 

25 days after the date of enactment of the Nuclear Energy In26 novation Capabilities Act, the Secretary, in consultation 
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1 with the National Laboratories, relevant Federal agencies, 

2 and other stakeholders, shall transmit to the Committee on 

3 Science, Space, and Technology of the House of Representa4 tives and the Committee on Energy and Natural Resources 

5 of the Senate a report assessing the Department’s capabili6 ties to authorize, host, and oversee privately funded experi7 mental advanced nuclear reactors as described under sub8 section (a). The report shall address the following: 

9 ‘‘(1) The Department’s oversight capabilities, in10 cluding options to leverage expertise from the Nuclear 

11 Regulatory Commission and National Laboratories. 

12 ‘‘(2) Potential sites capable of hosting activities 

13 described under subsection (a). 

14 ‘‘(3) The efficacy of the Department’s available 

15 contractual mechanisms to partner with the private 

16 sector and Federal agencies, including cooperative re17 search and development agreements, strategic partner18 ship projects, and agreements for commercializing 

19 technology. 

20 ‘‘(4) Potential cost structures related to long21 term projects, including physical security, distribu22 tion of liability, and other related costs. 

23 ‘‘(5) Other challenges or considerations identified 

24 by the Secretary.’’. 
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1 SEC. 3310. BUDGET PLAN. 

2 (a) IN GENERAL.—Subtitle E of title IX of the Energy 

3 Policy Act of 2005 (42 U.S.C. 16271 et seq.) is further 

4 amended by adding at the end the following: 

5 ‘‘SEC. 959. BUDGET PLAN. 

6 ‘‘Not later than 12 months after the date of enactment 

7 of the Nuclear Energy Innovation Capabilities Act, the De8 partment shall transmit to the Committee on Science, 

9 Space, and Technology of the House of Representatives and 

10 the Committee on Energy and Natural Resources of the Sen11 ate 2 alternative 10-year budget plans for civilian nuclear 

12 energy research and development by the Department. The 

13 first shall assume constant annual funding for 10 years at 

14 the appropriated level for the Department’s civilian nuclear 

15 energy research and development for fiscal year 2016. The 

16 second shall be an unconstrained budget. The two plans 

17 shall include— 

18 ‘‘(1) a prioritized list of the Department’s pro19 grams, projects, and activities to best support the de20 velopment of advanced nuclear reactor technologies; 

21 ‘‘(2) realistic budget requirements for the De22 partment to implement sections 955(c), 957, and 958 

23 of this Act; and 

24 ‘‘(3) the Department’s justification for con25 tinuing or terminating existing civilian nuclear en26 ergy research and development programs.’’. 
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1 (b) REPORT ON FUSION INNOVATION.—Not later than 

2 6 months after the date of enactment of this title, the Sec3 retary of the Department of Energy shall transmit to the 

4 Committee on Science, Space, and Technology of the House 

5 of Representatives and the Committee on Energy and Nat6 ural Resources of the Senate a report that will identify en7 gineering designs for innovative fusion energy systems that 

8 have the potential to demonstrate net energy production not 

9 later than 15 years after the start of construction. In this 

10 report, the Secretary will identify budgetary requirements 

11 that would be necessary for the Department to carry out 

12 a fusion innovation initiative to accelerate research and de13 velopment of these designs. 

14 SEC. 3311. CONFORMING AMENDMENTS. 

15 The table of contents for the Energy Policy Act of 2005 

16 is amended by striking the item relating to section 957 and 

17 inserting the following: 

‘‘957. High-performance computation and supportive research. 

‘‘958. Enabling nuclear energy innovation. 

‘‘959. Budget plan.’’. 

Attest: 

Clerk. 

114TH CONGRESS 

2D SESSION S. 2012 

AMENDMENT