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[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 2012 Engrossed in Senate (ES)]

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 114th CONGRESS
  2d Session
                                S. 2012

_______________________________________________________________________

                                 AN ACT

 
  To provide for the modernization of the energy policy of the United 
                    States, and for other purposes.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Energy Policy 
Modernization Act of 2016''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
                          TITLE I--EFFICIENCY

                         Subtitle A--Buildings

Sec. 1001. Greater energy efficiency in building codes.
Sec. 1002. Budget-neutral demonstration program for energy and water 
                            conservation improvements at multifamily 
                            residential units.
Sec. 1003. Coordination of energy retrofitting assistance for schools.
Sec. 1004. Energy efficiency materials pilot program.
Sec. 1005. Utility energy service contracts.
Sec. 1006. Use of energy and water efficiency measures in Federal 
                            buildings.
Sec. 1007. Building training and assessment centers.
Sec. 1008. Career skills training.
Sec. 1009. Energy-efficient and energy-saving information technologies.
Sec. 1010. Availability of funds for design updates.
Sec. 1011. Energy efficient data centers.
Sec. 1012. Weatherization Assistance Program.
Sec. 1013. Reauthorization of State energy program.
Sec. 1014. Smart building acceleration.
Sec. 1015. Repeal of fossil phase-out.
Sec. 1016. Federal building energy efficiency performance standards.
Sec. 1017. Codification of Executive Order.
Sec. 1018. Certification for green buildings.
Sec. 1019. High performance green federal buildings.
Sec. 1020. Evaluation of potentially duplicative green building 
                            programs.
Sec. 1021. Study and report on energy savings benefits of operational 
                            efficiency programs and services.
Sec. 1022. Use of Federal disaster relief and emergency assistance for 
                            energy-efficient products and structures.
Sec. 1023. Watersense.
                         Subtitle B--Appliances

Sec. 1101. Extended product system rebate program.
Sec. 1102. Energy efficient transformer rebate program.
Sec. 1103. Standards for certain furnaces.
Sec. 1104. Third-party certification under Energy Star program.
Sec. 1105. Energy conservation standards for commercial refrigeration 
                            equipment.
Sec. 1106. Voluntary verification programs for air conditioning, 
                            furnace, boiler, heat pump, and water 
                            heater products.
Sec. 1107. Application of energy conservation standards to certain 
                            external power supplies.
                       Subtitle C--Manufacturing

Sec. 1201. Manufacturing energy efficiency.
Sec. 1202. Leveraging existing Federal agency programs to assist small 
                            and medium manufacturers.
Sec. 1203. Leveraging smart manufacturing infrastructure at National 
                            Laboratories.
                          Subtitle D--Vehicles

Sec. 1301. Short title.
Sec. 1302. Objectives.
Sec. 1303. Coordination and nonduplication.
Sec. 1304. Authorization of appropriations.
Sec. 1305. Reporting.
                PART I--Vehicle Research and Development

Sec. 1306. Program.
Sec. 1307. Manufacturing.
    PART II--Medium- and Heavy-Duty Commercial and Transit Vehicles

Sec. 1308. Program.
Sec. 1309. Class 8 truck and trailer systems demonstration.
Sec. 1310. Technology testing and metrics.
Sec. 1311. Nonroad systems pilot program.
                        PART III--Administration

Sec. 1312. Repeal of existing authorities.
Sec. 1313. Reauthorization of diesel emissions reduction program.
Sec. 1314. Gaseous fuel dual fueled automobiles.
                        Subtitle E--Short Title

Sec. 1401. Short title.
                          Subtitle F--Housing

Sec. 1501. Definitions.
Sec. 1502. Enhanced energy efficiency underwriting criteria.
Sec. 1503. Enhanced energy efficiency underwriting valuation 
                            guidelines.
Sec. 1504. Monitoring.
Sec. 1505. Rulemaking.
Sec. 1506. Additional study.
                        TITLE II--INFRASTRUCTURE

                       Subtitle A--Cybersecurity

Sec. 2001. Cybersecurity threats.
Sec. 2002. Enhanced grid security.
                Subtitle B--Strategic Petroleum Reserve

Sec. 2101. Strategic Petroleum Reserve modernization.
Sec. 2102. Strategic petroleum reserve drawdown and sale.
                           Subtitle C--Trade

Sec. 2201. Action on applications to export liquefied natural gas.
Sec. 2202. Public disclosure of liquefied natural gas export 
                            destinations.
Sec. 2203. Energy data collaboration.
               Subtitle D--Electricity and Energy Storage

Sec. 2301. Grid storage program.
Sec. 2302. Electric system grid architecture, scenario development, and 
                            modeling.
Sec. 2303. Hybrid micro-grid systems for isolated and resilient 
                            communities.
Sec. 2304. Voluntary model pathways.
Sec. 2305. Performance metrics for electricity infrastructure 
                            providers.
Sec. 2306. State and regional electricity distribution planning.
Sec. 2307. Authorization of appropriations.
Sec. 2308. Electric transmission infrastructure permitting.
Sec. 2309. Report by transmission organizations on distributed energy 
                            resources and micro-grid systems.
Sec. 2310. Net metering study guidance.
Sec. 2311. Model guidance for combined heat and power systems and waste 
                            heat to power systems.
                         Subtitle E--Computing

Sec. 2401. Exascale computer research program.
                           TITLE III--SUPPLY

                         Subtitle A--Renewables

                         PART I--Hydroelectric

Sec. 3001. Hydropower regulatory improvements.
Sec. 3002. Hydroelectric production incentives and efficiency 
                            improvements.
Sec. 3003. Extension of time for a Federal Energy Regulatory Commission 
                            project involving Clark Canyon Dam.
Sec. 3004. Extension of time for a Federal Energy Regulatory Commission 
                            project involving Gibson Dam.
                          PART II--Geothermal

                      subpart a--geothermal energy

Sec. 3005. National goals for production and site identification.
Sec. 3006. Priority areas for development on Federal land.
Sec. 3007. Facilitation of coproduction of geothermal energy on oil and 
                            gas leases.
Sec. 3008. Noncompetitive leasing of adjoining areas for development of 
                            geothermal resources.
Sec. 3009. Report to Congress.
Sec. 3010. Authorization of appropriations.
subpart b--development of geothermal, solar, and wind energy on public 
                                  land

Sec. 3011. Definitions.
Sec. 3011A. Land use planning; supplements to programmatic 
                            environmental impact statements.
Sec. 3011B. Environmental review on covered land.
Sec. 3011C. Program to improve renewable energy project permit 
                            coordination.
Sec. 3011D. Savings clause.
                   subpart c--geothermal exploration

Sec. 3012. Geothermal exploration test projects.
                     PART III--Marine Hydrokinetic

Sec. 3013. Definition of marine and hydrokinetic renewable energy.
Sec. 3014. Marine and hydrokinetic renewable energy research and 
                            development.
Sec. 3015. National Marine Renewable Energy Research, Development, and 
                            Demonstration Centers.
Sec. 3016. Authorization of appropriations.
                            PART IV--Biomass

Sec. 3017. Policies relating to biomass energy.
                        Subtitle B--Oil and Gas

Sec. 3101. Amendments to the Methane Hydrate Research and Development 
                            Act of 2000.
Sec. 3102. Liquefied natural gas study.
Sec. 3103. FERC process coordination with respect to regulatory 
                            approval of gas projects.
Sec. 3104. Pilot program.
Sec. 3105. GAO review and report.
Sec. 3106. Ethane storage study.
Sec. 3107. Aliso Canyon natural gas leak task force.
Sec. 3108. Report on incorporating Internet-based lease sales.
Sec. 3109. Denali National Park and Preserve natural gas pipeline.
                           Subtitle C--Helium

Sec. 3201. Rights to helium.
                     Subtitle D--Critical Minerals

Sec. 3301. Definitions.
Sec. 3302. Policy.
Sec. 3303. Critical mineral designations.
Sec. 3304. Resource assessment.
Sec. 3305. Permitting.
Sec. 3306. Federal Register process.
Sec. 3307. Recycling, efficiency, and alternatives.
Sec. 3308. Analysis and forecasting.
Sec. 3309. Education and workforce.
Sec. 3310. National geological and geophysical data preservation 
                            program.
Sec. 3311. Administration.
Sec. 3312. Authorization of appropriations.
                            Subtitle E--Coal

Sec. 3401. Sense of the Senate on carbon capture, use, and storage 
                            development and deployment.
Sec. 3402. Fossil energy.
Sec. 3403. Establishment of coal technology program.
Sec. 3404. Report on price stabilization support.
                          Subtitle F--Nuclear

Sec. 3501. Nuclear energy innovation capabilities.
Sec. 3502. Next generation nuclear plant project.
                   Subtitle G--Workforce Development

Sec. 3601. 21st Century Energy Workforce Advisory Board.
Sec. 3602. Energy workforce pilot grant program.
                         Subtitle H--Recycling

Sec. 3701. Recycled carbon fiber.
Sec. 3702. Energy generation and regulatory relief study regarding 
                            recovery and conversion of nonrecycled 
                            mixed plastics.
Sec. 3703. Eligible projects.
Sec. 3704. Promoting use of reclaimed refrigerants in Federal 
                            facilities.
                       Subtitle I--Thermal Energy

Sec. 3801. Modifying the definition of renewable energy to include 
                            thermal energy.
                        TITLE IV--ACCOUNTABILITY

                       Subtitle A--Loan Programs

Sec. 4001. Terms and conditions for incentives for innovative 
                            technologies.
Sec. 4002. State loan eligibility.
Sec. 4003. GAO Study on fossil loan guarantee incentive program.
Sec. 4004. Program eligibility for vessels.
Sec. 4005. Additional reforms.
Sec. 4006. Department of Energy Indian energy education planning and 
                            management assistance program.
                     Subtitle B--Energy-Water Nexus

Sec. 4101. Nexus of energy and water for sustainability.
Sec. 4102. Smart energy and water efficiency pilot program.
                         Subtitle C--Innovation

Sec. 4201. America COMPETES programs.
Sec. 4202. Inclusion of early stage technology demonstration in 
                            authorized technology transfer activities.
Sec. 4203. Supporting access of small business concerns to National 
                            Laboratories.
Sec. 4204. Microlab technology commercialization.
Sec. 4205. Sense of the Senate on accelerating energy innovation.
Sec. 4206. Restoration of Laboratory Directed Research and Development 
                            Program.
Sec. 4207. National Science and Technology Council coordinating 
                            subcommittee for high-energy physics.
                      Subtitle D--Grid Reliability

Sec. 4301. Bulk-power system reliability impact statement.
Sec. 4302. Report by transmission organizations on diversity of supply.
                         Subtitle E--Management

Sec. 4401. Federal land management.
Sec. 4402. Quadrennial Energy Review.
Sec. 4403. State oversight of oil and gas programs.
Sec. 4404. Under Secretary for Science and Energy.
Sec. 4405. Western Area Power Administration pilot project.
Sec. 4406. Research grants database.
Sec. 4407. Review of economic impact of BSEE rule on small entities.
Sec. 4408. Energy emergency response efforts of the Department.
Sec. 4409. GAO report on Bureau of Safety and Environmental Enforcement 
                            statutory and regulatory authority for the 
                            procurement of helicopter fuel.
Sec. 4410. Conveyance of federal land within the Swan Lake 
                            hydroelectric project boundary.
Sec. 4411. Study of waivers of certain cost-sharing requirements.
Sec. 4412. National park centennial.
Sec. 4413. Program to reduce the potential impacts of solar energy 
                            facilities on certain species.
Sec. 4414. Wild horses in and around the Currituck National Wildlife 
                            Refuge.
                          Subtitle F--Markets

Sec. 4501. Enhanced information on critical energy supplies.
Sec. 4502. Working Group on Energy Markets.
Sec. 4503. Study of regulatory framework for energy markets.
                       Subtitle G--Affordability

Sec. 4601. E-prize competition pilot program.
Sec. 4602. Carbon dioxide capture technology prize.
                      Subtitle H--Code Maintenance

Sec. 4701. Repeal of off-highway motor vehicles study.
Sec. 4702. Repeal of methanol study.
Sec. 4703. Repeal of authorization of appropriations provision.
Sec. 4704. Repeal of residential energy efficiency standards study.
Sec. 4705. Repeal of weatherization study.
Sec. 4706. Repeal of report to Congress.
Sec. 4707. Repeal of report by General Services Administration.
Sec. 4708. Repeal of intergovernmental energy management planning and 
                            coordination workshops.
Sec. 4709. Repeal of Inspector General audit survey and President's 
                            Council on Integrity and Efficiency report 
                            to Congress.
Sec. 4710. Repeal of procurement and identification of energy efficient 
                            products program.
Sec. 4711. Repeal of national action plan for demand response.
Sec. 4712. Repeal of national coal policy study.
Sec. 4713. Repeal of study on compliance problem of small electric 
                            utility systems.
Sec. 4714. Repeal of study of socioeconomic impacts of increased coal 
                            production and other energy development.
Sec. 4715. Repeal of study of the use of petroleum and natural gas in 
                            combustors.
Sec. 4716. Repeal of submission of reports.
Sec. 4717. Repeal of electric utility conservation plan.
Sec. 4718. Emergency Energy Conservation repeals.
Sec. 4719. Energy Security Act repeals.
Sec. 4720. Nuclear Safety Research, Development, and Demonstration Act 
                            of 1980 repeals.
Sec. 4721. Elimination and consolidation of certain America COMPETES 
                            programs.
Sec. 4722. Repeal of state utility regulatory assistance.
Sec. 4723. Repeal of survey of energy saving potential.
Sec. 4724. Repeal of photovoltaic energy program.
Sec. 4725. Repeal of energy auditor training and certification.
Sec. 4726. Repeal of authorization of appropriations.
Sec. 4727. Repeal of Renewable Energy and Energy Efficiency Technology 
                            Competitiveness Act of 1989.
Sec. 4728. Repeal of hydrogen research, development, and demonstration 
                            program.
Sec. 4729. Repeal of study on alternative fuel use in nonroad vehicles 
                            and engines.
Sec. 4730. Repeal of low interest loan program for small business fleet 
                            purchases.
Sec. 4731. Repeal of technical and policy analysis for replacement fuel 
                            demand and supply information.
Sec. 4732. Repeal of 1992 Report on Climate Change.
Sec. 4733. Repeal of Director of Climate Protector establishment.
Sec. 4734. Repeal of 1994 report on global climate change emissions.
Sec. 4735. Repeal of telecommuting study.
Sec. 4736. Repeal of advanced buildings for 2005 program.
Sec. 4737. Repeal of Energy Research, Development, Demonstration, and 
                            Commercial Application Advisory Board.
Sec. 4738. Repeal of study on use of energy futures for fuel purchase.
Sec. 4739. Repeal of energy subsidy study.
Sec. 4740. Modernization of terms relating to minorities.
                 TITLE V--CONSERVATION REAUTHORIZATION

Sec. 5001. National Park Service Maintenance and Revitalization 
                            Conservation Fund.
Sec. 5002. Land and Water Conservation Fund.
Sec. 5003. Historic Preservation Fund.
Sec. 5004. Conservation incentives landowner education program.
   TITLE VI--INDIAN TRIBAL ENERGY DEVELOPMENT AND SELF-DETERMINATION

Sec. 6001. Short title.
Subtitle A--Indian Tribal Energy Development and Self-determination Act 
                               Amendments

Sec. 6011. Indian tribal energy resource development.
Sec. 6012. Indian tribal energy resource regulation.
Sec. 6013. Tribal energy resource agreements.
Sec. 6014. Technical assistance for Indian tribal governments.
Sec. 6015. Conforming amendments.
Sec. 6016. Report.
                  Subtitle B--Miscellaneous Amendments

Sec. 6201. Issuance of preliminary permits or licenses.
Sec. 6202. Tribal biomass demonstration project.
Sec. 6203. Weatherization program.
Sec. 6204. Appraisals.
Sec. 6205. Leases of restricted lands for Navajo Nation.
Sec. 6206. Extension of tribal lease period for the Crow Tribe of 
                            Montana.
Sec. 6207. Trust status of lease payments.
                 TITLE VII--BROWNFIELDS REAUTHORIZATION

Sec. 7001. Short title.
Sec. 7002. Expanded eligibility for nonprofit organizations.
Sec. 7003. Multipurpose brownfields grants.
Sec. 7004. Treatment of certain publicly owned brownfield sites.
Sec. 7005. Increased funding for remediation grants.
Sec. 7006. Allowing administrative costs for grant recipients.
Sec. 7007. Small community technical assistance grants.
Sec. 7008. Waterfront brownfields grants.
Sec. 7009. Clean energy brownfields grants.
Sec. 7010. Targeted funding for States.
Sec. 7011. Authorization of appropriations.
                       TITLE VIII--MISCELLANEOUS

Sec. 8001. Removal of use restriction.
                        TITLE IX--MISCELLANEOUS

Sec. 9001. Interagency transfer of land along George Washington 
                            Memorial Parkway.
                       TITLE X--NATURAL RESOURCES

            Subtitle A--Land Conveyances and Related Matters

Sec. 10001. Arapaho National Forest boundary adjustment.
Sec. 10002. Land conveyance, Elkhorn Ranch and White River National 
                            Forest, Colorado.
Sec. 10003. Land exchange in Crags, Colorado.
Sec. 10004. Cerro del Yuta and Rio San Antonio Wilderness Areas.
Sec. 10005. Clarification relating to a certain land description under 
                            the Northern Arizona Land Exchange and 
                            Verde River Basin Partnership Act of 2005.
Sec. 10006. Cooper Spur land exchange clarification amendments.
Sec. 10007. Expedited access to certain Federal land.
Sec. 10008. Black Hills National Cemetery boundary modification.
   Subtitle B--National Park Management, Studies, and Related Matters

Sec. 10101. Refund of funds used by States to operate national parks 
                            during shutdown.
Sec. 10102. Lower Farmington and Salmon Brook recreational rivers.
Sec. 10103. Special resource study of President Street Station.
Sec. 10104. Special resource study of Thurgood Marshall's elementary 
                            school.
Sec. 10105. Special resource study of James K. Polk presidential home.
Sec. 10106. North Country National Scenic Trail route adjustment.
Sec. 10107. Designation of Jay S. Hammond Wilderness Area.
Sec. 10108. Advisory Council on Historic Preservation.
Sec. 10109. Establishment of a visitor services facility on the 
                            Arlington Ridge tract.
       Subtitle C--Sportsmen's Access and Land Management Issues

                        PART I--National Policy

Sec. 10201. Congressional declaration of national policy.
              PART II--Sportsmen's Access to Federal Land

Sec. 10211. Definitions.
Sec. 10212. Federal land open to hunting, fishing, and recreational 
                            shooting.
Sec. 10213. Closure of Federal land to hunting, fishing, and 
                            recreational shooting.
Sec. 10214. Shooting ranges.
Sec. 10215. Federal action transparency.
        PART III--Filming on Federal Land Management Agency Land

Sec. 10221. Commercial filming.
   PART IV--Bows, Wildlife Management, and Access Opportunities for 
                    Recreation, Hunting, and Fishing

Sec. 10231. Bows in parks.
Sec. 10232. Wildlife management in parks.
Sec. 10233. Identifying opportunities for recreation, hunting, and 
                            fishing on Federal land.
           PART V--Federal Land Transaction Facilitation Act

Sec. 10241. Federal Land Transaction Facilitation Act.
                PART VI--Fish and Wildlife Conservation

Sec. 10251. Amendments to Pittman-Robertson Wildlife Restoration Act.
Sec. 10252. North American Wetlands Conservation Act.
Sec. 10253. National fish habitat conservation.
Sec. 10254. Gulf States Marine Fisheries Commission report on Gulf of 
                            Mexico outer Continental Shelf State 
                            boundary extension.
Sec. 10255. GAO report on Gulf of Mexico outer Continental Shelf State 
                            boundary extension.
                        PART VII--Miscellaneous

Sec. 10261. Respect for treaties and rights.
Sec. 10262. No priority.
          Subtitle D--Water Infrastructure and Related Matters

                      PART I--Fontenelle Reservoir

Sec. 10301. Authority to make entire active capacity of Fontenelle 
                            Reservoir available for use.
Sec. 10302. Savings provisions.
              PART II--Bureau of Reclamation Transparency

Sec. 10311. Definitions.
Sec. 10312. Asset management report enhancements for reserved works.
Sec. 10313. Asset management report enhancements for transferred works.
Sec. 10314. Offset.
                    PART III--Basin Water Management

            subpart a--yakima river basin water enhancement

Sec. 10321. Short title.
Sec. 10322. Modification of terms, purposes, and definitions.
Sec. 10323. Yakima River Basin Water Conservation Program.
Sec. 10324. Yakima Basin water projects, operations, and 
                            authorizations.
Sec. 10325. Authorization of Phase III of Yakima River Basin Water 
                            Enhancement Project.
               subpart b--klamath project water and power

Sec. 10329. Klamath Project.
                PART IV--Reservoir Operation Improvement

Sec. 10331. Reservoir operation improvement.
                     PART V--Hydroelectric Projects

Sec. 10341. Terror Lake Hydroelectric Project Upper Hidden Basin 
                            Diversion authorization.
Sec. 10342. Stay and Reinstatement of FERC License No. 11393 for the 
                            Mahoney Lake Hydroelectric Project.
Sec. 10343. Extension of deadline for hydroelectric project.
Sec. 10344. Extension of deadline for certain other hydroelectric 
                            projects.
Sec. 10345. Equus Beds Division extension.
Sec. 10346. Extension of time for a Federal Energy Regulatory 
                            Commission project involving Cannonsville 
                            Dam.
            PART VI--Pumped Storage Hydropower Compensation

Sec. 10351. Pumped storage hydropower compensation.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Department.--The term ``Department'' means the 
        Department of Energy.
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of Energy.

                          TITLE I--EFFICIENCY

                         Subtitle A--Buildings

SEC. 1001. GREATER ENERGY EFFICIENCY IN BUILDING CODES.

    (a) Definitions.--Section 303 of the Energy Conservation and 
Production Act (42 U.S.C. 6832) is amended--
            (1) by striking paragraph (14) and inserting the following:
            ``(14) Model building energy code.--The term `model 
        building energy code' means a voluntary building energy code 
        and standards developed and updated through a consensus process 
        among interested persons, such as the IECC or the code used 
        by--
                    ``(A) the Council of American Building Officials, 
                or its legal successor, International Code Council, 
                Inc.;
                    ``(B) the American Society of Heating, 
                Refrigerating, and Air-Conditioning Engineers; or
                    ``(C) other appropriate organizations.''; and
            (2) by adding at the end the following:
            ``(17) IECC.--The term `IECC' means the International 
        Energy Conservation Code.
            ``(18) Indian tribe.--The term `Indian tribe' has the 
        meaning given the term in section 4 of the Native American 
        Housing Assistance and Self-Determination Act of 1996 (25 
        U.S.C. 4103).''.
    (b) State Building Energy Efficiency Codes.--Section 304 of the 
Energy Conservation and Production Act (42 U.S.C. 6833) is amended to 
read as follows:

``SEC. 304. UPDATING STATE BUILDING ENERGY EFFICIENCY CODES.

    ``(a) In General.--The Secretary shall--
            ``(1) encourage and support the adoption of building energy 
        codes by States, Indian tribes, and, as appropriate, by local 
        governments that meet or exceed the model building energy 
        codes, or achieve equivalent or greater energy savings; and
            ``(2) support full compliance with the State and local 
        codes.
    ``(b) State and Indian Tribe Certification of Building Energy Code 
Updates.--
            ``(1) Review and updating of codes by each state and indian 
        tribe.--
                    ``(A) In general.--Not later than 2 years after the 
                date on which a model building energy code is updated, 
                each State or Indian tribe shall certify whether or not 
                the State or Indian tribe, respectively, has reviewed 
                and updated the energy provisions of the building code 
                of the State or Indian tribe, respectively.
                    ``(B) Demonstration.--The certification shall 
                include a demonstration of whether or not the energy 
                savings for the code provisions that are in effect 
                throughout the State or Indian tribal territory meet or 
                exceed--
                            ``(i) the energy savings of the updated 
                        model building energy code; or
                            ``(ii) the targets established under 
                        section 307(b)(2).
                    ``(C) No model building energy code update.--If a 
                model building energy code is not updated by a target 
                date established under section 307(b)(2)(D), each State 
                or Indian tribe shall, not later than 2 years after the 
                specified date, certify whether or not the State or 
                Indian tribe, respectively, has reviewed and updated 
                the energy provisions of the building code of the State 
                or Indian tribe, respectively, to meet or exceed the 
                target in section 307(b)(2).
            ``(2) Validation by secretary.--Not later than 90 days 
        after a State or Indian tribe certification under paragraph 
        (1), the Secretary shall--
                    ``(A) determine whether the code provisions of the 
                State or Indian tribe, respectively, meet the criteria 
                specified in paragraph (1); and
                    ``(B) if the determination is positive, validate 
                the certification.
    ``(c) Improvements in Compliance With Building Energy Codes.--
            ``(1) Requirement.--
                    ``(A) In general.--Not later than 3 years after the 
                date of a certification under subsection (b), each 
                State and Indian tribe shall certify whether or not the 
                State and Indian tribe, respectively, has--
                            ``(i) achieved full compliance under 
                        paragraph (3) with the applicable certified 
                        State and Indian tribe building energy code or 
                        with the associated model building energy code; 
                        or
                            ``(ii) made significant progress under 
                        paragraph (4) toward achieving compliance with 
                        the applicable certified State and Indian tribe 
                        building energy code or with the associated 
                        model building energy code.
                    ``(B) Repeat certifications.--If the State or 
                Indian tribe certifies progress toward achieving 
                compliance, the State or Indian tribe shall repeat the 
                certification until the State or Indian tribe certifies 
                that the State or Indian tribe has achieved full 
                compliance, respectively.
            ``(2) Measurement of compliance.--A certification under 
        paragraph (1) shall include documentation of the rate of 
        compliance based on--
                    ``(A) independent inspections of a random sample of 
                the buildings covered by the code in the preceding 
                year; or
                    ``(B) an alternative method that yields an accurate 
                measure of compliance.
            ``(3) Achievement of compliance.--A State or Indian tribe 
        shall be considered to achieve full compliance under paragraph 
        (1) if--
                    ``(A) at least 90 percent of building space covered 
                by the code in the preceding year substantially meets 
                all the requirements of the applicable code specified 
                in paragraph (1), or achieves equivalent or greater 
                energy savings level; or
                    ``(B) the estimated excess energy use of buildings 
                that did not meet the applicable code specified in 
                paragraph (1) in the preceding year, compared to a 
                baseline of comparable buildings that meet this code, 
                is not more than 5 percent of the estimated energy use 
                of all buildings covered by this code during the 
                preceding year.
            ``(4) Significant progress toward achievement of 
        compliance.--A State or Indian tribe shall be considered to 
        have made significant progress toward achieving compliance for 
        purposes of paragraph (1) if the State or Indian tribe--
                    ``(A) has developed and is implementing a plan for 
                achieving compliance during the 8-year-period beginning 
                on the date of enactment of this paragraph, including 
                annual targets for compliance and active training and 
                enforcement programs; and
                    ``(B) has met the most recent target under 
                subparagraph (A).
            ``(5) Validation by secretary.--Not later than 90 days 
        after a State or Indian tribe certification under paragraph 
        (1), the Secretary shall--
                    ``(A) determine whether the State or Indian tribe 
                has demonstrated meeting the criteria of this 
                subsection, including accurate measurement of 
                compliance; and
                    ``(B) if the determination is positive, validate 
                the certification.
    ``(d) States or Indian Tribes That Do Not Achieve Compliance.--
            ``(1) Reporting.--A State or Indian tribe that has not made 
        a certification required under subsection (b) or (c) by the 
        applicable deadline shall submit to the Secretary a report on--
                    ``(A) the status of the State or Indian tribe with 
                respect to meeting the requirements and submitting the 
                certification; and
                    ``(B) a plan for meeting the requirements and 
                submitting the certification.
            ``(2) Federal support.--For any State or Indian tribe for 
        which the Secretary has not validated a certification by a 
        deadline under subsection (b) or (c), the lack of the 
        certification may be a consideration for Federal support 
        authorized under this section for code adoption and compliance 
        activities.
            ``(3) Local government.--In any State or Indian tribe for 
        which the Secretary has not validated a certification under 
        subsection (b) or (c), a local government may be eligible for 
        Federal support by meeting the certification requirements of 
        subsections (b) and (c).
            ``(4) Annual reports by secretary.--
                    ``(A) In general.--The Secretary shall annually 
                submit to Congress, and publish in the Federal 
                Register, a report on--
                            ``(i) the status of model building energy 
                        codes;
                            ``(ii) the status of code adoption and 
                        compliance in the States and Indian tribes;
                            ``(iii) the implementation of this section; 
                        and
                            ``(iv) improvements in energy savings over 
                        time as a result of the targets established 
                        under section 307(b)(2).
                    ``(B) Impacts.--The report shall include estimates 
                of impacts of past action under this section, and 
                potential impacts of further action, on--
                            ``(i) upfront financial and construction 
                        costs, cost benefits and returns (using 
                        investment analysis), and lifetime energy use 
                        for buildings;
                            ``(ii) resulting energy costs to 
                        individuals and businesses; and
                            ``(iii) resulting overall annual building 
                        ownership and operating costs.
    ``(e) Technical Assistance to States and Indian Tribes.--The 
Secretary shall provide technical assistance to States and Indian 
tribes to implement the goals and requirements of this section, 
including procedures and technical analysis for States and Indian 
tribes--
            ``(1) to improve and implement State residential and 
        commercial building energy codes;
            ``(2) to demonstrate that the code provisions of the States 
        and Indian tribes achieve equivalent or greater energy savings 
        than the model building energy codes and targets;
            ``(3) to document the rate of compliance with a building 
        energy code; and
            ``(4) to otherwise promote the design and construction of 
        energy efficient buildings.
    ``(f) Availability of Incentive Funding.--
            ``(1) In general.--The Secretary shall provide incentive 
        funding to States and Indian tribes--
                    ``(A) to implement the requirements of this 
                section;
                    ``(B) to improve and implement residential and 
                commercial building energy codes, including increasing 
                and verifying compliance with the codes and training of 
                State, local, and tribal building code officials to 
                implement and enforce the codes; and
                    ``(C) to promote building energy efficiency through 
                the use of the codes.
            ``(2) Additional funding.--Additional funding shall be 
        provided under this subsection for implementation of a plan to 
        achieve and document full compliance with residential and 
        commercial building energy codes under subsection (c)--
                    ``(A) to a State or Indian tribe for which the 
                Secretary has validated a certification under 
                subsection (b) or (c); and
                    ``(B) in a State or Indian tribe that is not 
                eligible under subparagraph (A), to a local government 
                that is eligible under this section.
            ``(3) Training.--Of the amounts made available under this 
        subsection, the State or Indian tribe may use amounts required, 
        but not to exceed $750,000 for a State, to train State and 
        local building code officials to implement and enforce codes 
        described in paragraph (2).
            ``(4) Local governments.--States may share grants under 
        this subsection with local governments that implement and 
        enforce the codes.
    ``(g) Stretch Codes and Advanced Standards.--
            ``(1) In general.--The Secretary shall provide technical 
        and financial support for the development of stretch codes and 
        advanced standards for residential and commercial buildings for 
        use as--
                    ``(A) an option for adoption as a building energy 
                code by State, local, or tribal governments; and
                    ``(B) guidelines for energy-efficient building 
                design.
            ``(2) Targets.--The stretch codes and advanced standards 
        shall be designed--
                    ``(A) to achieve substantial energy savings 
                compared to the model building energy codes; and
                    ``(B) to meet targets under section 307(b), if 
                available, at least 3 to 6 years in advance of the 
                target years.
    ``(h) Studies.--The Secretary, in consultation with building 
science experts from the National Laboratories and institutions of 
higher education, designers and builders of energy-efficient 
residential and commercial buildings, code officials, and other 
stakeholders, shall undertake a study of the feasibility, impact, 
economics, and merit of--
            ``(1) code improvements that would require that buildings 
        be designed, sited, and constructed in a manner that makes the 
        buildings more adaptable in the future to become zero-net-
        energy after initial construction, as advances are achieved in 
        energy-saving technologies;
            ``(2) code procedures to incorporate measured lifetimes, 
        not just first-year energy use, in trade-offs and performance 
        calculations; and
            ``(3) legislative options for increasing energy savings 
        from building energy codes, including additional incentives for 
        effective State and local action, and verification of 
        compliance with and enforcement of a code other than by a State 
        or local government.
    ``(i) Effect on Other Laws.--Nothing in this section or section 307 
supersedes or modifies the application of sections 321 through 346 of 
the Energy Policy and Conservation Act (42 U.S.C. 6291 et seq.).
    ``(j) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section and section 307 $200,000,000, to 
remain available until expended.''.
    (c) Federal Building Energy Efficiency Standards.--Section 305 of 
the Energy Conservation and Production Act (42 U.S.C. 6834) is amended 
by striking ``voluntary building energy code'' each place it appears in 
subsections (a)(2)(B) and (b) and inserting ``model building energy 
code''.
    (d) Model Building Energy Codes.--Section 307 of the Energy 
Conservation and Production Act (42 U.S.C. 6836) is amended to read as 
follows:

``SEC. 307. SUPPORT FOR MODEL BUILDING ENERGY CODES.

    ``(a) In General.--The Secretary shall support the updating of 
model building energy codes.
    ``(b) Targets.--
            ``(1) In general.--The Secretary shall support the updating 
        of the model building energy codes to enable the achievement of 
        aggregate energy savings targets established under paragraph 
        (2).
            ``(2) Targets.--
                    ``(A) In general.--The Secretary shall work with 
                States, local governments, and Indian tribes, 
                nationally recognized code and standards developers, 
                and other interested parties to support the updating of 
                model building energy codes by establishing one or more 
                aggregate energy savings targets to achieve the 
                purposes of this section.
                    ``(B) Separate targets.--The Secretary may 
                establish separate targets for commercial and 
                residential buildings.
                    ``(C) Baselines.--The baseline for updating model 
                building energy codes shall be the 2009 IECC for 
                residential buildings and ASHRAE Standard 90.1-2010 for 
                commercial buildings.
                    ``(D) Specific years.--
                            ``(i) In general.--Targets for specific 
                        years shall be established and revised by the 
                        Secretary through rulemaking and coordinated 
                        with nationally recognized code and standards 
                        developers at a level that--
                                    ``(I) is at the maximum level of 
                                energy efficiency that is 
                                technologically feasible and life-cycle 
                                cost effective, while accounting for 
                                the economic considerations under 
                                paragraph (4);
                                    ``(II) is higher than the preceding 
                                target; and
                                    ``(III) promotes the achievement of 
                                commercial and residential high-
                                performance buildings through high-
                                performance energy efficiency (within 
                                the meaning of section 401 of the 
                                Energy Independence and Security Act of 
                                2007 (42 U.S.C. 17061)).
                            ``(ii) Initial targets.--Not later than 1 
                        year after the date of enactment of this 
                        clause, the Secretary shall establish initial 
                        targets under this subparagraph.
                            ``(iii) Different target years.--Subject to 
                        clause (i), prior to the applicable year, the 
                        Secretary may set a later target year for any 
                        of the model building energy codes described in 
                        subparagraph (A) if the Secretary determines 
                        that a target cannot be met.
                            ``(iv) Small business.--When establishing 
                        targets under this paragraph through 
                        rulemaking, the Secretary shall ensure 
                        compliance with the Small Business Regulatory 
                        Enforcement Fairness Act of 1996 (5 U.S.C. 601 
                        note; Public Law 104-121).
            ``(3) Appliance standards and other factors affecting 
        building energy use.--In establishing building code targets 
        under paragraph (2), the Secretary shall develop and adjust the 
        targets in recognition of potential savings and costs relating 
        to--
                    ``(A) efficiency gains made in appliances, 
                lighting, windows, insulation, and building envelope 
                sealing;
                    ``(B) advancement of distributed generation and on-
                site renewable power generation technologies;
                    ``(C) equipment improvements for heating, cooling, 
                and ventilation systems;
                    ``(D) building management systems and SmartGrid 
                technologies to reduce energy use; and
                    ``(E) other technologies, practices, and building 
                systems that the Secretary considers appropriate 
                regarding building plug load and other energy uses.
            ``(4) Economic considerations.--In establishing and 
        revising building code targets under paragraph (2), the 
        Secretary shall consider the economic feasibility of achieving 
        the proposed targets established under this section and the 
        potential costs and savings for consumers and building owners, 
        including a return on investment analysis.
    ``(c) Technical Assistance to Model Building Energy Code-Setting 
and Standard Development Organizations.--
            ``(1) In general.--The Secretary shall, on a timely basis, 
        provide technical assistance to model building energy code-
        setting and standard development organizations consistent with 
        the goals of this section.
            ``(2) Assistance.--The assistance shall include, as 
        requested by the organizations, technical assistance in--
                    ``(A) evaluating code or standards proposals or 
                revisions;
                    ``(B) building energy analysis and design tools;
                    ``(C) building demonstrations;
                    ``(D) developing definitions of energy use 
                intensity and building types for use in model building 
                energy codes to evaluate the efficiency impacts of the 
                model building energy codes;
                    ``(E) performance-based standards;
                    ``(F) evaluating economic considerations under 
                subsection (b)(4); and
                    ``(G) developing model building energy codes by 
                Indian tribes in accordance with tribal law.
            ``(3) Amendment proposals.--The Secretary may submit timely 
        model building energy code amendment proposals to the model 
        building energy code-setting and standard development 
        organizations, with supporting evidence, sufficient to enable 
        the model building energy codes to meet the targets established 
        under subsection (b)(2).
            ``(4) Analysis methodology.--The Secretary shall make 
        publicly available the entire calculation methodology 
        (including input assumptions and data) used by the Secretary to 
        estimate the energy savings of code or standard proposals and 
        revisions.
    ``(d) Determination.--
            ``(1) Revision of model building energy codes.--If the 
        provisions of the IECC or ASHRAE Standard 90.1 regarding 
        building energy use are revised, the Secretary shall make a 
        preliminary determination not later than 90 days after the date 
        of the revision, and a final determination not later than 15 
        months after the date of the revision, on whether or not the 
        revision will--
                    ``(A) improve energy efficiency in buildings 
                compared to the existing model building energy code; 
                and
                    ``(B) meet the applicable targets under subsection 
                (b)(2).
            ``(2) Codes or standards not meeting targets.--
                    ``(A) In general.--If the Secretary makes a 
                preliminary determination under paragraph (1)(B) that a 
                code or standard does not meet the targets established 
                under subsection (b)(2), the Secretary may at the same 
                time provide the model building energy code or standard 
                developer with proposed changes that would result in a 
                model building energy code that meets the targets and 
                with supporting evidence, taking into consideration--
                            ``(i) whether the modified code is 
                        technically feasible and life-cycle cost 
                        effective;
                            ``(ii) available appliances, technologies, 
                        materials, and construction practices; and
                            ``(iii) the economic considerations under 
                        subsection (b)(4).
                    ``(B) Incorporation of changes.--
                            ``(i) In general.--On receipt of the 
                        proposed changes, the model building energy 
                        code or standard developer shall have an 
                        additional 270 days to accept or reject the 
                        proposed changes of the Secretary to the model 
                        building energy code or standard for the 
                        Secretary to make a final determination.
                            ``(ii) Final determination.--A final 
                        determination under paragraph (1) shall be on 
                        the modified model building energy code or 
                        standard.
    ``(e) Administration.--In carrying out this section, the Secretary 
shall--
            ``(1) publish notice of targets and supporting analysis and 
        determinations under this section in the Federal Register to 
        provide an explanation of and the basis for such actions, 
        including any supporting modeling, data, assumptions, 
        protocols, and cost-benefit analysis, including return on 
        investment; and
            ``(2) provide an opportunity for public comment on targets 
        and supporting analysis and determinations under this section.
    ``(f) Voluntary Codes and Standards.--Notwithstanding any other 
provision of this section, any model building code or standard 
established under section 304 shall not be binding on a State, local 
government, or Indian tribe as a matter of Federal law.''.

SEC. 1002. BUDGET-NEUTRAL DEMONSTRATION PROGRAM FOR ENERGY AND WATER 
              CONSERVATION IMPROVEMENTS AT MULTIFAMILY RESIDENTIAL 
              UNITS.

    (a) Establishment.--The Secretary of Housing and Urban Development 
(referred to in this section as the ``Secretary'') shall establish a 
demonstration program under which, during the period beginning on the 
date of enactment of this Act, and ending on September 30, 2018, the 
Secretary may enter into budget-neutral, performance-based agreements 
that result in a reduction in energy or water costs with such entities 
as the Secretary determines to be appropriate under which the entities 
shall carry out projects for energy or water conservation improvements 
at not more than 20,000 residential units in multifamily buildings 
participating in--
            (1) the project-based rental assistance program under 
        section 8 of the United States Housing Act of 1937 (42 U.S.C. 
        1437f), other than assistance provided under section 8(o) of 
        that Act;
            (2) the supportive housing for the elderly program under 
        section 202 of the Housing Act of 1959 (12 U.S.C. 1701q); or
            (3) the supportive housing for persons with disabilities 
        program under section 811(d)(2) of the Cranston-Gonzalez 
        National Affordable Housing Act (42 U.S.C. 8013(d)(2)).
    (b) Requirements.--
            (1) Payments contingent on savings.--
                    (A) In general.--The Secretary shall provide to an 
                entity a payment under an agreement under this section 
                only during applicable years for which an energy or 
                water cost savings is achieved with respect to the 
                applicable multifamily portfolio of properties, as 
                determined by the Secretary, in accordance with 
                subparagraph (B).
                    (B) Payment methodology.--
                            (i) In general.--Each agreement under this 
                        section shall include a pay-for-success 
                        provision--
                                    (I) that will serve as a payment 
                                threshold for the term of the 
                                agreement; and
                                    (II) pursuant to which the 
                                Department of Housing and Urban 
                                Development shall share a percentage of 
                                the savings at a level determined by 
                                the Secretary that is sufficient to 
                                cover the administrative costs of 
                                carrying out this section.
                            (ii) Limitations.--A payment made by the 
                        Secretary under an agreement under this section 
                        shall--
                                    (I) be contingent on documented 
                                utility savings; and
                                    (II) not exceed the utility savings 
                                achieved by the date of the payment, 
                                and not previously paid, as a result of 
                                the improvements made under the 
                                agreement.
                    (C) Third party verification.--Savings payments 
                made by the Secretary under this section shall be based 
                on a measurement and verification protocol that 
                includes at least--
                            (i) establishment of a weather-normalized 
                        and occupancy-normalized utility consumption 
                        baseline established preretrofit;
                            (ii) annual third party confirmation of 
                        actual utility consumption and cost for owner-
                        paid utilities;
                            (iii) annual third party validation of the 
                        tenant utility allowances in effect during the 
                        applicable year and vacancy rates for each unit 
                        type; and
                            (iv) annual third party determination of 
                        savings to the Secretary.
            (2) Term.--The term of an agreement under this section 
        shall be not longer than 12 years.
            (3) Entity eligibility.--The Secretary shall--
                    (A) establish a competitive process for entering 
                into agreements under this section; and
                    (B) enter into such agreements only with entities 
                that demonstrate significant experience relating to--
                            (i) financing and operating properties 
                        receiving assistance under a program described 
                        in subsection (a);
                            (ii) oversight of energy and water 
                        conservation programs, including oversight of 
                        contractors; and
                            (iii) raising capital for energy and water 
                        conservation improvements from charitable 
                        organizations or private investors.
            (4) Geographical diversity.--Each agreement entered into 
        under this section shall provide for the inclusion of 
        properties with the greatest feasible regional and State 
        variance.
    (c) Plan and Reports.--
            (1) Plan.--Not later than 90 days after the date of 
        enactment of this Act, the Secretary shall submit to the 
        Committees on Appropriations of the House of Representatives 
        and the Senate, the Committee on Energy and Natural Resources 
        of the Senate, and the Committee on Energy and Commerce of the 
        House of Representatives a detailed plan for the implementation 
        of this section.
            (2) Reports.--Not later than 1 year after the date of 
        enactment of this Act, and annually thereafter, the Secretary 
        shall--
                    (A) conduct an evaluation of the program under this 
                section; and
                    (B) submit to Congress a report describing each 
                evaluation conducted under subparagraph (A).
    (d) Funding.--For each fiscal year during which an agreement under 
this section is in effect, the Secretary may use to carry out this 
section any funds appropriated to the Secretary for the renewal of 
contracts under a program described in subsection (a).

SEC. 1003. COORDINATION OF ENERGY RETROFITTING ASSISTANCE FOR SCHOOLS.

    (a) Definition of School.--In this section, the term ``school'' 
means--
            (1) an elementary school or secondary school (as defined in 
        section 9101 of the Elementary and Secondary Education Act of 
        1965 (20 U.S.C. 7801));
            (2) an institution of higher education (as defined in 
        section 102(a) of the Higher Education Act of 1965 (20 U.S.C. 
        1002(a));
            (3) a school of the defense dependents' education system 
        under the Defense Dependents' Education Act of 1978 (20 U.S.C. 
        921 et seq.) or established under section 2164 of title 10, 
        United States Code;
            (4) a school operated by the Bureau of Indian Affairs;
            (5) a tribally controlled school (as defined in section 
        5212 of the Tribally Controlled Schools Act of 1988 (25 U.S.C. 
        2511)); and
            (6) a Tribal College or University (as defined in section 
        316(b) of the Higher Education Act of 1965 (20 U.S.C. 
        1059c(b))).
    (b) Designation of Lead Agency.--The Secretary, acting through the 
Office of Energy Efficiency and Renewable Energy, shall act as the lead 
Federal agency for coordinating and disseminating information on 
existing Federal programs and assistance that may be used to help 
initiate, develop, and finance energy efficiency, renewable energy, and 
energy retrofitting projects for schools.
    (c) Requirements.--In carrying out coordination and outreach under 
subsection (b), the Secretary shall--
            (1) in consultation and coordination with the appropriate 
        Federal agencies, carry out a review of existing programs and 
        financing mechanisms (including revolving loan funds and loan 
        guarantees) available in or from the Department of Agriculture, 
        the Department of Energy, the Department of Education, the 
        Department of the Treasury, the Internal Revenue Service, the 
        Environmental Protection Agency, and other appropriate Federal 
        agencies with jurisdiction over energy financing and 
        facilitation that are currently used or may be used to help 
        initiate, develop, and finance energy efficiency, renewable 
        energy, and energy retrofitting projects for schools;
            (2) establish a Federal cross-departmental collaborative 
        coordination, education, and outreach effort to streamline 
        communication and promote available Federal opportunities and 
        assistance described in paragraph (1) for energy efficiency, 
        renewable energy, and energy retrofitting projects that enables 
        States, local educational agencies, and schools--
                    (A) to use existing Federal opportunities more 
                effectively; and
                    (B) to form partnerships with Governors, State 
                energy programs, local educational, financial, and 
                energy officials, State and local government officials, 
                nonprofit organizations, and other appropriate entities 
                to support the initiation of the projects;
            (3) provide technical assistance for States, local 
        educational agencies, and schools to help develop and finance 
        energy efficiency, renewable energy, and energy retrofitting 
        projects--
                    (A) to increase the energy efficiency of buildings 
                or facilities;
                    (B) to install systems that individually generate 
                energy from renewable energy resources;
                    (C) to establish partnerships to leverage economies 
                of scale and additional financing mechanisms available 
                to larger clean energy initiatives; or
                    (D) to promote--
                            (i) the maintenance of health, 
                        environmental quality, and safety in schools, 
                        including the ambient air quality, through 
                        energy efficiency, renewable energy, and energy 
                        retrofit projects; and
                            (ii) the achievement of expected energy 
                        savings and renewable energy production through 
                        proper operations and maintenance practices;
            (4) develop and maintain a single online resource website 
        with contact information for relevant technical assistance and 
        support staff in the Office of Energy Efficiency and Renewable 
        Energy for States, local educational agencies, and schools to 
        effectively access and use Federal opportunities and assistance 
        described in paragraph (1) to develop energy efficiency, 
        renewable energy, and energy retrofitting projects; and
            (5) establish a process for recognition of schools that--
                    (A) have successfully implemented energy 
                efficiency, renewable energy, and energy retrofitting 
                projects; and
                    (B) are willing to serve as resources for other 
                local educational agencies and schools to assist 
                initiation of similar efforts.
    (d) Report.--Not later than 180 days after the date of enactment of 
this Act, the Secretary shall submit to Congress a report describing 
the implementation of this section.

SEC. 1004. ENERGY EFFICIENCY MATERIALS PILOT PROGRAM.

    (a) Definitions.--In this section:
            (1) Applicant.--The term ``applicant'' means a nonprofit 
        organization that applies for a grant under this section.
            (2) Energy-efficiency materials.--
                    (A) In general.--The term ``energy-efficiency 
                materials'' means a measure (including a product, 
                equipment, or system) that results in a reduction in 
                use by a nonprofit organization for energy or fuel 
                supplied from outside the nonprofit building.
                    (B) Inclusions.--The term ``energy-efficiency 
                materials'' includes an item involving--
                            (i) a roof or lighting system, or component 
                        of a roof or lighting system;
                            (ii) a window;
                            (iii) a door, including a security door; or
                            (iv) a heating, ventilation, or air 
                        conditioning system or component of the system 
                        (including insulation and wiring and plumbing 
                        materials needed to serve a more efficient 
                        system); and
                            (v) a renewable energy generation or 
                        heating system, including a solar, 
                        photovoltaic, wind, geothermal, or biomass 
                        (including wood pellet) system or component of 
                        the system.
            (3) Nonprofit building.--
                    (A) In general.--The term ``nonprofit building'' 
                means a building operated and owned by a nonprofit 
                organization.
                    (B) Inclusions.--The term ``nonprofit building'' 
                includes a building described in subparagraph (A) that 
                is--
                            (i) a hospital;
                            (ii) a youth center;
                            (iii) a school;
                            (iv) a social-welfare program facility;
                            (v) a faith-based organization; and
                            (vi) any other nonresidential and 
                        noncommercial structure.
    (b) Establishment.--Not later than 1 year after the date of 
enactment of this Act, the Secretary shall establish a pilot program to 
award grants for the purpose of providing nonprofit buildings with 
energy-efficiency materials.
    (c) Grants.--
            (1) In general.--The Secretary may award grants under the 
        program established under subsection (b).
            (2) Application.--The Secretary may award a grant under 
        this section if an applicant submits to the Secretary an 
        application at such time, in such form, and containing such 
        information as the Secretary may prescribe.
            (3) Criteria for grant.--In determining whether to award a 
        grant under this section, the Secretary shall apply 
        performance-based criteria, which shall give priority to 
        applications based on--
                    (A) the energy savings achieved;
                    (B) the cost-effectiveness of the use of energy-
                efficiency materials;
                    (C) an effective plan for evaluation, measurement, 
                and verification of energy savings; and
                    (D) the financial need of the applicant.
            (4) Limitation on individual grant amount.--Each grant 
        awarded under this section shall not exceed $200,000.
    (d) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $10,000,000 for each of fiscal 
years 2016 through 2020, to remain available until expended.

SEC. 1005. UTILITY ENERGY SERVICE CONTRACTS.

    Section 546 of the National Energy Conservation Policy Act (42 
U.S.C. 8256) is amended by adding at the end the following:
    ``(f) Utility Energy Service Contracts.--
            ``(1) In general.--Each Federal agency may use, to the 
        maximum extent practicable, measures provided by law to meet 
        energy efficiency and conservation mandates and laws, including 
        through utility energy service contracts.
            ``(2) Contract period.--The term of a utility energy 
        service contract entered into by a Federal agency may have a 
        contract period that extends beyond 10 years, but not to exceed 
        25 years.
            ``(3) Requirements.--The conditions of a utility energy 
        service contract entered into by a Federal agency shall include 
        requirements for measurement, verification, and performance 
        assurances or guarantees of the savings.''.

SEC. 1006. USE OF ENERGY AND WATER EFFICIENCY MEASURES IN FEDERAL 
              BUILDINGS.

    (a) Energy Management Requirements.--Section 543(f)(4) of the 
National Energy Conservation Policy Act (42 U.S.C. 8253(f)(4)) is 
amended by striking ``may'' and inserting ``shall''.
    (b) Reports.--Section 548(b) of the National Energy Conservation 
Policy Act (42 U.S.C. 8258(b)) is amended--
            (1) in paragraph (3), by striking ``and'' at the end;
            (2) in paragraph (4), by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(5)(A) the status of the energy savings performance 
        contracts and utility energy service contracts of each agency;
            ``(B) the investment value of the contracts;
            ``(C) the guaranteed energy savings for the previous year 
        as compared to the actual energy savings for the previous year;
            ``(D) the plan for entering into the contracts in the 
        coming year; and
            ``(E) information explaining why any previously submitted 
        plans for the contracts were not implemented.''.
    (c) Definition of Energy Conservation Measures.--Section 551(4) of 
the National Energy Conservation Policy Act (42 U.S.C. 8259(4)) is 
amended by striking ``or retrofit activities'' and inserting ``retrofit 
activities, or energy consuming devices and required support 
structures''.
    (d) Authority To Enter Into Contracts.--Section 801(a)(2)(F) of the 
National Energy Conservation Policy Act (42 U.S.C. 8287(a)(2)(F)) is 
amended--
            (1) in clause (i), by striking ``or'' at the end;
            (2) in clause (ii), by striking the period at the end and 
        inserting ``; or''; and
            (3) by adding at the end the following:
                            ``(iii) limit the recognition of operation 
                        and maintenance savings associated with systems 
                        modernized or replaced with the implementation 
                        of energy conservation measures, water 
                        conservation measures, or any combination of 
                        energy conservation measures and water 
                        conservation measures.''.
    (e) Miscellaneous Authority.--Section 801(a)(2) of the National 
Energy Conservation Policy Act (42 U.S.C. 8287(a)(2)) is amended by 
adding at the end the following:
                    ``(H) Miscellaneous authority.--Notwithstanding any 
                other provision of law, a Federal agency may sell or 
                transfer energy savings and apply the proceeds of the 
                sale or transfer to fund a contract under this 
                title.''.
    (f) Payment of Costs.--Section 802 of the National Energy 
Conservation Policy Act (42 U.S.C. 8287a) is amended by striking ``(and 
related operation and maintenance expenses)'' and inserting ``, 
including related operations and maintenance expenses''.
    (g) Definition of Federal Building.--Section 551(6) of the National 
Energy Conservation Policy Act (42 U.S.C. 8259(6)) is amended by 
striking the semicolon at the end and inserting ``the term does not 
include a dam, reservoir, or hydropower facility owned or operated by a 
Federal agency;''.
    (h) Definition of Energy Savings.--Section 804(2) of the National 
Energy Conservation Policy Act (42 U.S.C. 8287c(2)) is amended--
            (1) in subparagraph (A), by striking ``federally owned 
        building or buildings or other federally owned facilities'' and 
        inserting ``Federal building (as defined in section 551)'' each 
        place it appears;
            (2) in subparagraph (C), by striking ``; and'' and 
        inserting a semicolon;
            (3) in subparagraph (D), by striking the period at the end 
        and inserting a semicolon; and
            (4) by adding at the end the following:
                    ``(E) the use, sale, or transfer of energy 
                incentives, rebates, or credits (including renewable 
                energy credits) from Federal, State, or local 
                governments or utilities; and
                    ``(F) any revenue generated from a reduction in 
                energy or water use, more efficient waste recycling, or 
                additional energy generated from more efficient 
                equipment.''.

SEC. 1007. BUILDING TRAINING AND ASSESSMENT CENTERS.

    (a) In General.--The Secretary shall provide grants to institutions 
of higher education (as defined in section 101 of the Higher Education 
Act of 1965 (20 U.S.C. 1001)) and Tribal Colleges or Universities (as 
defined in section 316(b) of that Act (20 U.S.C. 1059c(b))) to 
establish building training and assessment centers--
            (1) to identify opportunities for optimizing energy 
        efficiency and environmental performance in buildings;
            (2) to promote the application of emerging concepts and 
        technologies in commercial and institutional buildings;
            (3) to train engineers, architects, building scientists, 
        building energy permitting and enforcement officials, and 
        building technicians in energy-efficient design and operation;
            (4) to assist institutions of higher education and Tribal 
        Colleges or Universities in training building technicians;
            (5) to promote research and development for the use of 
        alternative energy sources and distributed generation to supply 
        heat and power for buildings, particularly energy-intensive 
        buildings; and
            (6) to coordinate with and assist State-accredited 
        technical training centers, community colleges, Tribal Colleges 
        or Universities, and local offices of the National Institute of 
        Food and Agriculture and ensure appropriate services are 
        provided under this section to each region of the United 
        States.
    (b) Coordination and Nonduplication.--
            (1) In general.--The Secretary shall coordinate the program 
        with the industrial research and assessment centers program and 
        with other Federal programs to avoid duplication of effort.
            (2) Collocation.--To the maximum extent practicable, 
        building, training, and assessment centers established under 
        this section shall be collocated with Industrial Assessment 
        Centers.
    (c) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $10,000,000, to remain available 
until expended.

SEC. 1008. CAREER SKILLS TRAINING.

    (a) In General.--The Secretary shall pay grants to eligible 
entities described in subsection (b) to pay the Federal share of 
associated career skills training programs under which students 
concurrently receive classroom instruction and on-the-job training for 
the purpose of obtaining an industry-related certification to install 
energy efficient buildings technologies, including technologies 
described in section 307(b)(3) of the Energy Conservation and 
Production Act (42 U.S.C. 6836(b)(3)).
    (b) Eligibility.--To be eligible to obtain a grant under subsection 
(a), an entity shall be a nonprofit partnership described in section 
171(e)(2)(B)(ii) of the Workforce Investment Act of 1998 (29 U.S.C. 
2916(e)(2)(B)(ii)).
    (c) Federal Share.--The Federal share of the cost of carrying out a 
career skills training program described in subsection (a) shall be 50 
percent.
    (d) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $10,000,000, to remain available 
until expended.

SEC. 1009. ENERGY-EFFICIENT AND ENERGY-SAVING INFORMATION TECHNOLOGIES.

    Section 543 of the National Energy Conservation Policy Act (42 
U.S.C. 8253) is amended by adding at the end the following:
    ``(h) Federal Implementation Strategy for Energy-Efficient and 
Energy-Saving Information Technologies.--
            ``(1) Definitions.--In this subsection:
                    ``(A) Director.--The term `Director' means the 
                Director of the Office of Management and Budget.
                    ``(B) Information technology.--The term 
                `information technology' has the meaning given the term 
                in section 11101 of title 40, United States Code.
            ``(2) Development of implementation strategy.--Not later 
        than 1 year after the date of enactment of this subsection, 
        each Federal agency shall collaborate with the Director to 
        develop an implementation strategy (including best-practices 
        and measurement and verification techniques) for the 
        maintenance, purchase, and use by the Federal agency of energy-
        efficient and energy-saving information technologies.
            ``(3) Administration.--In developing an implementation 
        strategy, each Federal agency shall consider--
                    ``(A) advanced metering infrastructure;
                    ``(B) energy efficient data center strategies and 
                methods of increasing asset and infrastructure 
                utilization;
                    ``(C) advanced power management tools;
                    ``(D) building information modeling, including 
                building energy management; and
                    ``(E) secure telework and travel substitution 
                tools.
            ``(4) Performance goals.--
                    ``(A) In general.--Not later than September 30, 
                2015, the Director, in consultation with the Secretary, 
                shall establish performance goals for evaluating the 
                efforts of Federal agencies in improving the 
                maintenance, purchase, and use of energy-efficient and 
                energy-saving information technology systems.
                    ``(B) Best practices.--The Chief Information 
                Officers Council established under section 3603 of 
                title 44, United States Code, shall supplement the 
                performance goals established under this paragraph with 
                recommendations on best practices for the attainment of 
                the performance goals, to include a requirement for 
                agencies to consider the use of--
                            ``(i) energy savings performance 
                        contracting; and
                            ``(ii) utility energy services contracting.
            ``(5) Reports.--
                    ``(A) Agency reports.--Each Federal agency subject 
                to the requirements of this subsection shall include in 
                the report of the agency under section 527 of the 
                Energy Independence and Security Act of 2007 (42 U.S.C. 
                17143) a description of the efforts and results of the 
                agency under this subsection.
                    ``(B) OMB government efficiency reports and 
                scorecards.--Effective beginning not later than October 
                1, 2015, the Director shall include in the annual 
                report and scorecard of the Director required under 
                section 528 of the Energy Independence and Security Act 
                of 2007 (42 U.S.C. 17144) a description of the efforts 
                and results of Federal agencies under this subsection.
                    ``(C) Use of existing reporting structures.--The 
                Director may require Federal agencies to submit any 
                information required to be submitted under this 
                subsection though reporting structures in use as of the 
                date of enactment of the Energy Policy Modernization 
                Act of 2016.''.

SEC. 1010. AVAILABILITY OF FUNDS FOR DESIGN UPDATES.

    Section 3307 of title 40, United States Code, is amended--
            (1) by redesignating subsections (d) through (h) as 
        subsections (e) through (i), respectively; and
            (2) by inserting after subsection (c) the following:
    ``(d) Availability of Funds for Design Updates.--
            ``(1) In general.--Subject to paragraph (2), for any 
        project for which congressional approval is received under 
        subsection (a) and for which the design has been substantially 
        completed but construction has not begun, the Administrator of 
        General Services may use appropriated funds to update the 
        project design to meet applicable Federal building energy 
        efficiency standards established under section 305 of the 
        Energy Conservation and Production Act (42 U.S.C. 6834) and 
        other requirements established under section 3312.
            ``(2) Limitation.--The use of funds under paragraph (1) 
        shall not exceed 125 percent of the estimated energy or other 
        cost savings associated with the updates as determined by a 
        life cycle cost analysis under section 544 of the National 
        Energy Conservation Policy Act (42 U.S.C. 8254).''.

SEC. 1011. ENERGY EFFICIENT DATA CENTERS.

    Section 453 of the Energy Independence and Security Act of 2007 (42 
U.S.C. 17112) is amended--
            (1) in subsection (b)--
                    (A) in paragraph (2)(D)(iv), by striking ``the 
                organization'' and inserting ``an organization''; and
                    (B) by striking paragraph (3); and
            (2) by striking subsections (c) through (g) and inserting 
        the following:
    ``(c) Stakeholder Involvement.--
            ``(1) In general.--The Secretary and the Administrator 
        shall carry out subsection (b) in consultation with the 
        information technology industry and other key stakeholders, 
        with the goal of producing results that accurately reflect the 
        best knowledge in the most pertinent domains.
            ``(2) Considerations.--In carrying out consultation 
        described in paragraph (1), the Secretary and the Administrator 
        shall pay particular attention to organizations that--
                    ``(A) have members with expertise in energy 
                efficiency and in the development, operation, and 
                functionality of data centers, information technology 
                equipment, and software, including representatives of 
                hardware manufacturers, data center operators, and 
                facility managers;
                    ``(B) obtain and address input from the National 
                Laboratories (as that term is defined in section 2 of 
                the Energy Policy Act of 2005 (42 U.S.C. 15801)) or any 
                institution of higher education, research institution, 
                industry association, company, or public interest group 
                with applicable expertise;
                    ``(C) follow--
                            ``(i) commonly accepted procedures for the 
                        development of specifications; and
                            ``(ii) accredited standards development 
                        processes; or
                    ``(D) have a mission to promote energy efficiency 
                for data centers and information technology.
    ``(d) Measurements and Specifications.--The Secretary and the 
Administrator shall consider and assess the adequacy of the 
specifications, measurements, and benchmarks described in subsection 
(b) for use by the Federal Energy Management Program, the Energy Star 
Program, and other efficiency programs of the Department of Energy or 
the Environmental Protection Agency.
    ``(e) Study.--The Secretary, in consultation with the 
Administrator, not later than 18 months after the date of enactment of 
the Energy Policy Modernization Act of 2016, shall make available to 
the public an update to the report submitted to Congress pursuant to 
section 1 of the Act of December 20, 2006 (Public Law 109-431; 120 
Stat. 2920), entitled `Report to Congress on Server and Data Center 
Energy Efficiency' and dated August 2, 2007, that provides--
            ``(1) a comparison and gap analysis of the estimates and 
        projections contained in the original report with new data 
        regarding the period from 2007 through 2014;
            ``(2) an analysis considering the impact of information 
        technologies, including virtualization and cloud computing, in 
        the public and private sectors;
            ``(3) an evaluation of the impact of the combination of 
        cloud platforms, mobile devices, social media, and big data on 
        data center energy usage;
            ``(4) an evaluation of water usage in data centers and 
        recommendations for reductions in such water usage; and
            ``(5) updated projections and recommendations for best 
        practices through fiscal year 2020.
    ``(f) Data Center Energy Practitioner Program.--
            ``(1) In general.--The Secretary, in consultation with key 
        stakeholders and the Director of the Office of Management and 
        Budget, shall maintain a data center energy practitioner 
        program that provides for the certification of energy 
        practitioners qualified to evaluate the energy usage and 
        efficiency opportunities in Federal data centers.
            ``(2) Evaluations.--Each Federal agency shall consider 
        having the data centers of the agency evaluated once every 4 
        years by energy practitioners certified pursuant to the 
        program, whenever practicable using certified practitioners 
        employed by the agency.
    ``(g) Open Data Initiative.--
            ``(1) In general.--The Secretary, in consultation with key 
        stakeholders and the Director of the Office of Management and 
        Budget, shall establish an open data initiative for Federal 
        data center energy usage data, with the purpose of making the 
        data available and accessible in a manner that encourages 
        further data center innovation, optimization, and 
        consolidation.
            ``(2) Consideration.--In establishing the initiative under 
        paragraph (1), the Secretary shall consider using the online 
        Data Center Maturity Model.
    ``(h) International Specifications and Metrics.--The Secretary, in 
consultation with key stakeholders, shall actively participate in 
efforts to harmonize global specifications and metrics for data center 
energy and water efficiency.
    ``(i) Data Center Utilization Metric.--The Secretary, in 
collaboration with key stakeholders, shall facilitate in the 
development of an efficiency metric that measures the energy efficiency 
of a data center (including equipment and facilities).
    ``(j) Protection of Proprietary Information.--The Secretary and the 
Administrator shall not disclose any proprietary information or trade 
secrets provided by any individual or company for the purposes of 
carrying out this section or the programs and initiatives established 
under this section.''.

SEC. 1012. WEATHERIZATION ASSISTANCE PROGRAM.

    (a) Reauthorization of Weatherization Assistance Program.--Section 
422 of the Energy Conservation and Production Act (42 U.S.C. 6872) is 
amended by striking ``appropriated--'' and all that follows through the 
period at the end and inserting ``appropriated $350,000,000 for each of 
fiscal years 2016 through 2020.''.
    (b)  Grants for New, Self-sustaining Low-income, Single-family and 
Multifamily Housing Energy Retrofit Model Programs to Eligible 
Multistate Housing and Energy Nonprofit Organizations.--The Energy 
Conservation and Production Act is amended by inserting after section 
414B (42 U.S.C. 6864b) the following:

``SEC. 414C. GRANTS FOR NEW, SELF-SUSTAINING LOW-INCOME, SINGLE-FAMILY 
              AND MULTIFAMILY HOUSING ENERGY RETROFIT MODEL PROGRAMS TO 
              ELIGIBLE MULTISTATE HOUSING AND ENERGY NONPROFIT 
              ORGANIZATIONS.

    ``(a) Purposes.--The purposes of this section are--
            ``(1) to expand the number of low-income, single-family and 
        multifamily homes that receive energy efficiency retrofits;
            ``(2) to promote innovation and new models of retrofitting 
        low-income homes through new Federal partnerships with covered 
        organizations that leverage substantial donations, donated 
        materials, volunteer labor, homeowner labor equity, and other 
        private sector resources;
            ``(3) to assist the covered organizations in demonstrating, 
        evaluating, improving, and replicating widely the model low-
        income energy retrofit programs of the covered organizations; 
        and
            ``(4) to ensure that the covered organizations make the 
        energy retrofit programs of the covered organizations self-
        sustaining by the time grant funds have been expended.
    ``(b) Definitions.--In this section:
            ``(1) Covered organization.--The term `covered 
        organization' means an organization that--
                    ``(A) is described in section 501(c)(3) of the 
                Internal Revenue Code of 1986 and exempt from taxation 
                under 501(a) of that Code; and
                    ``(B) has an established record of constructing, 
                renovating, repairing, or making energy efficient a 
                total of not less than 250 owner-occupied, single-
                family or multifamily homes per year for low-income 
                households, either directly or through affiliates, 
                chapters, or other direct partners (using the most 
                recent year for which data are available).
            ``(2) Low-income.--The term `low-income' means an income 
        level that is not more than 200 percent of the poverty level 
        (as determined in accordance with criteria established by the 
        Director of the Office of Management and Budget) applicable to 
        a family of the size involved, except that the Secretary may 
        establish a higher or lower level if the Secretary determines 
        that a higher or lower level is necessary to carry out this 
        section.
            ``(3) Weatherization assistance program for low-income 
        persons.--The term `Weatherization Assistance Program for Low-
        Income Persons' means the program established under this part 
        (including part 440 of title 10, Code of Federal Regulations, 
        or successor regulations).
    ``(c) Competitive Grant Program.--The Secretary shall make grants 
to covered organizations through a national competitive process for use 
in accordance with this section.
    ``(d) Award Factors.--In making grants under this section, the 
Secretary shall consider--
            ``(1) the number of low-income homes the applicant--
                    ``(A) has built, renovated, repaired, or made more 
                energy efficient as of the date of the application; and
                    ``(B) can reasonably be projected to build, 
                renovate, repair, or make energy efficient during the 
                10-year period beginning on the date of the 
                application;
            ``(2) the qualifications, experience, and past performance 
        of the applicant, including experience successfully managing 
        and administering Federal funds;
            ``(3) the number and diversity of States and climates in 
        which the applicant works as of the date of the application;
            ``(4) the amount of non-Federal funds, donated or 
        discounted materials, discounted or volunteer skilled labor, 
        volunteer unskilled labor, homeowner labor equity, and other 
        resources the applicant will provide;
            ``(5) the extent to which the applicant could successfully 
        replicate the energy retrofit program of the applicant and 
        sustain the program after the grant funds have been expended;
            ``(6) regional diversity;
            ``(7) urban, suburban, and rural localities; and
            ``(8) such other factors as the Secretary determines to be 
        appropriate.
    ``(e) Applications.--
            ``(1) In general.--Not later than 180 days after the date 
        of enactment of this section, the Secretary shall request 
        proposals from covered organizations.
            ``(2) Administration.--To be eligible to receive a grant 
        under this section, an applicant shall submit to the Secretary 
        an application at such time, in such manner, and containing 
        such information as the Secretary may require.
            ``(3) Awards.--Not later than 90 days after the date of 
        issuance of a request for proposals, the Secretary shall award 
        grants under this section.
    ``(f) Eligible Uses of Grant Funds.--A grant under this section may 
be used for--
            ``(1) energy efficiency audits, cost-effective retrofit, 
        and related activities in different climatic regions of the 
        United States;
            ``(2) energy efficiency materials and supplies;
            ``(3) organizational capacity--
                    ``(A) to significantly increase the number of 
                energy retrofits;
                    ``(B) to replicate an energy retrofit program in 
                other States; and
                    ``(C) to ensure that the program is self-sustaining 
                after the Federal grant funds are expended;
            ``(4) energy efficiency, audit and retrofit training, and 
        ongoing technical assistance;
            ``(5) information to homeowners on proper maintenance and 
        energy savings behaviors;
            ``(6) quality control and improvement;
            ``(7) data collection, measurement, and verification;
            ``(8) program monitoring, oversight, evaluation, and 
        reporting;
            ``(9) management and administration (up to a maximum of 10 
        percent of the total grant);
            ``(10) labor and training activities; and
            ``(11) such other activities as the Secretary determines to 
        be appropriate.
    ``(g) Maximum Amount.--
            ``(1) In general.--The amount of a grant provided under 
        this section shall not exceed--
                    ``(A) if the amount made available to carry out 
                this section for a fiscal year is $225,000,000 or more, 
                $5,000,000; and
                    ``(B) if the amount made available to carry out 
                this section for a fiscal year is less than 
                $225,000,000, $1,500,000.
            ``(2) Technical and training assistance.--The total amount 
        of a grant provided under this section shall be reduced by the 
        cost of any technical and training assistance provided by the 
        Secretary that relates to the grant.
    ``(h) Guidelines.--
            ``(1) In general.--Not later than 90 days after the date of 
        enactment of this section, the Secretary shall issue guidelines 
        to implement the grant program established under this section.
            ``(2) Administration.--The guidelines--
                    ``(A) shall not apply to the Weatherization 
                Assistance Program for Low-Income Persons, in whole or 
                major part; but
                    ``(B) may rely on applicable provisions of law 
                governing the Weatherization Assistance Program for 
                Low-Income Persons to establish--
                            ``(i) standards for allowable expenditures;
                            ``(ii) a minimum savings-to-investment 
                        ratio;
                            ``(iii) standards--
                                    ``(I) to carry out training 
                                programs;
                                    ``(II) to conduct energy audits and 
                                program activities;
                                    ``(III) to provide technical 
                                assistance;
                                    ``(IV) to monitor program 
                                activities; and
                                    ``(V) to verify energy and cost 
                                savings;
                            ``(iv) liability insurance requirements; 
                        and
                            ``(v) recordkeeping requirements, which 
                        shall include reporting to the Office of 
                        Weatherization and Intergovernmental Programs 
                        of the Department of Energy applicable data on 
                        each home retrofitted.
    ``(i) Review and Evaluation.--The Secretary shall review and 
evaluate the performance of any covered organization that receives a 
grant under this section (which may include an audit), as determined by 
the Secretary.
    ``(j) Compliance With State and Local Law.--Nothing in this section 
or any program carried out using a grant provided under this section 
supersedes or otherwise affects any State or local law, to the extent 
that the State or local law contains a requirement that is more 
stringent than the applicable requirement of this section.
    ``(k) Annual Reports.--The Secretary shall submit to Congress 
annual reports that provide--
            ``(1) findings;
            ``(2) a description of energy and cost savings achieved and 
        actions taken under this section; and
            ``(3) any recommendations for further action.
    ``(l) Funding.--Of the amount of funds that are made available to 
carry out the Weatherization Assistance Program for each of fiscal 
years 2016 through 2020 under section 422, the Secretary shall use to 
carry out this section for each of fiscal years 2016 through 2020 not 
less than--
            ``(1) 2 percent of the amount if the amount is less than 
        $225,000,000;
            ``(2) 5 percent of the amount if the amount is $225,000,000 
        or more but less than $260,000,000; and
            ``(3) 10 percent of the amount if the amount is 
        $260,000,000 or more.''.
    (c) Standards Program.--Section 415 of the Energy Conservation and 
Production Act (42 U.S.C. 6865) is amended by adding at the end the 
following:
    ``(f) Standards Program.--
            ``(1) Contractor qualification.--Effective beginning 
        January 1, 2016, to be eligible to carry out weatherization 
        using funds made available under this part, a contractor shall 
        be selected through a competitive bidding process and be--
                    ``(A) accredited by the Building Performance 
                Institute;
                    ``(B) an Energy Smart Home Performance Team 
                accredited under the Residential Energy Services 
                Network; or
                    ``(C) accredited by an equivalent accreditation or 
                program accreditation-based State certification program 
                approved by the Secretary.
            ``(2) Grants for energy retrofit model programs.--
                    ``(A) In general.--To be eligible to receive a 
                grant under section 414C, a covered organization (as 
                defined in section 414C(b)) shall use a crew chief 
                who--
                            ``(i) is certified or accredited in 
                        accordance with paragraph (1); and
                            ``(ii) supervises the work performed with 
                        grant funds.
                    ``(B) Volunteer labor.--A volunteer who performs 
                work for a covered organization that receives a grant 
                under section 414C shall not be required to be 
                certified under this subsection if the volunteer is not 
                directly installing or repairing mechanical equipment 
                or other items that require skilled labor.
                    ``(C) Training.--The Secretary shall use training 
                and technical assistance funds available to the 
                Secretary to assist covered organizations under section 
                414C in providing training to obtain certification 
                required under this subsection, including provisional 
                or temporary certification.
            ``(3) Minimum efficiency standards.--Effective beginning 
        October 1, 2016, the Secretary shall ensure that--
                    ``(A) each retrofit for which weatherization 
                assistance is provided under this part meets minimum 
                efficiency and quality of work standards established by 
                the Secretary after weatherization of a dwelling unit;
                    ``(B) at least 10 percent of the dwelling units are 
                randomly inspected by a third party accredited under 
                this subsection to ensure compliance with the minimum 
                efficiency and quality of work standards established 
                under subparagraph (A); and
                    ``(C) the standards established under this 
                subsection meet or exceed the industry standards for 
                home performance work that are in effect on the date of 
                enactment of this subsection, as determined by the 
                Secretary.''.

SEC. 1013. REAUTHORIZATION OF STATE ENERGY PROGRAM.

    Section 365(f) of the Energy Policy and Conservation Act (42 U.S.C. 
6325(f)) is amended by striking ``$125,000,000 for each of fiscal years 
2007 through 2012'' and inserting ``$90,000,000 for each of fiscal 
years 2016 through 2020, of which not greater than 5 percent may be 
used to provide competitively awarded financial assistance''.

SEC. 1014. SMART BUILDING ACCELERATION.

    (a) Definitions.--In this section:
            (1) Program.--The term ``program'' means the Federal Smart 
        Building Program established under subsection (b)(1).
            (2) Smart building.--The term ``smart building'' means a 
        building, or collection of buildings, with an energy system 
        that--
                    (A) is flexible and automated;
                    (B) has extensive operational monitoring and 
                communication connectivity, allowing remote monitoring 
                and analysis of all building functions;
                    (C) takes a systems-based approach in integrating 
                the overall building operations for control of energy 
                generation, consumption, and storage;
                    (D) communicates with utilities and other third-
                party commercial entities, if appropriate; and
                    (E) is cybersecure.
            (3) Smart building accelerator.--The term ``smart building 
        accelerator'' means an initiative that is designed to 
        demonstrate specific innovative policies and approaches--
                    (A) with clear goals and a clear timeline; and
                    (B) that, on successful demonstration, would 
                accelerate investment in energy efficiency.
    (b) Federal Smart Building Program.--
            (1) Establishment.--Not later than 1 year after the date of 
        enactment of this Act, the Secretary shall establish a program 
        to be known as the ``Federal Smart Building Program''--
                    (A) to implement smart building technology; and
                    (B) to demonstrate the costs and benefits of smart 
                buildings.
            (2) Selection.--
                    (A) In general.--The Secretary shall coordinate the 
                selection of not fewer than 1 building from among each 
                of several key Federal agencies, as described in 
                paragraph (4), to compose an appropriately diverse set 
                of smart buildings based on size, type, and geographic 
                location.
                    (B) Inclusion of commercially operated buildings.--
                In making selections under subparagraph (A), the 
                Secretary may include buildings that are owned by the 
                Federal Government but are commercially operated.
            (3) Targets.--Not later than 18 months after the date of 
        enactment of this Act, the Secretary shall establish targets 
        for the number of smart buildings to be commissioned and 
        evaluated by key Federal agencies by 3 years and 6 years after 
        the date of enactment of this Act.
            (4) Federal agency described.--The key Federal agencies 
        referred to in this subsection shall include buildings operated 
        by--
                    (A) the Department of the Army;
                    (B) the Department of the Navy;
                    (C) the Department of the Air Force;
                    (D) the Department;
                    (E) the Department of the Interior;
                    (F) the Department of Veterans Affairs; and
                    (G) the General Services Administration.
            (5) Requirement.--In implementing the program, the 
        Secretary shall leverage existing financing mechanisms 
        including energy savings performance contracts, utility energy 
        service contracts, and annual appropriations.
            (6) Evaluation.--Using the guidelines of the Federal Energy 
        Management Program relating to whole-building evaluation, 
        measurement, and verification, the Secretary shall evaluate the 
        costs and benefits of the buildings selected under paragraph 
        (2), including an identification of--
                    (A) which advanced building technologies--
                            (i) are most cost-effective; and
                            (ii) show the most promise for--
                                    (I) increasing building energy 
                                savings;
                                    (II) increasing service performance 
                                to building occupants;
                                    (III) reducing environmental 
                                impacts; and
                                    (IV) establishing cybersecurity; 
                                and
                    (B) any other information the Secretary determines 
                to be appropriate.
            (7) Awards.--The Secretary may expand awards made under the 
        Federal Energy Management Program and the Better Building 
        Challenge to recognize specific agency achievements in 
        accelerating the adoption of smart building technologies.
    (c) Survey of Private Sector Smart Buildings.--
            (1) Survey.--The Secretary shall conduct a survey of 
        privately owned smart buildings throughout the United States, 
        including commercial buildings, laboratory facilities, 
        hospitals, multifamily residential buildings, and buildings 
        owned by nonprofit organizations and institutions of higher 
        education.
            (2) Selection.--From among the smart buildings surveyed 
        under paragraph (1), the Secretary shall select not fewer than 
        1 building each from an appropriate range of building sizes, 
        types, and geographic locations.
            (3) Evaluation.--Using the guidelines of the Federal Energy 
        Management Program relating to whole-building evaluation, 
        measurement, and verification, the Secretary shall evaluate the 
        costs and benefits of the buildings selected under paragraph 
        (2), including an identification of--
                    (A) which advanced building technologies and 
                systems--
                            (i) are most cost-effective; and
                            (ii) show the most promise for--
                                    (I) increasing building energy 
                                savings;
                                    (II) increasing service performance 
                                to building occupants;
                                    (III) reducing environmental 
                                impacts; and
                                    (IV) establishing cybersecurity; 
                                and
                    (B) any other information the Secretary determines 
                to be appropriate.
    (d) Leveraging Existing Programs.--
            (1) Better building challenge.--As part of the Better 
        Building Challenge of the Department, the Secretary, in 
        consultation with major private sector property owners, shall 
        develop smart building accelerators to demonstrate innovative 
        policies and approaches that will accelerate the transition to 
        smart buildings in the public, institutional, and commercial 
        buildings sectors.
            (2) Research and development.--
                    (A) In general.--The Secretary shall conduct 
                research and development to address key barriers to the 
                integration of advanced building technologies and to 
                accelerate the transition to smart buildings.
                    (B) Inclusion.--The research and development 
                conducted under subparagraph (A) shall include research 
                and development on--
                            (i) achieving whole-building, systems-level 
                        efficiency through smart system and component 
                        integration;
                            (ii) improving physical components, such as 
                        sensors and controls, to be adaptive, 
                        anticipatory, and networked;
                            (iii) reducing the cost of key components 
                        to accelerate the adoption of smart building 
                        technologies;
                            (iv) data management, including the capture 
                        and analysis of data and the interoperability 
                        of the energy systems;
                            (v) protecting against cybersecurity 
                        threats and addressing security vulnerabilities 
                        of building systems or equipment;
                            (vi) business models, including how 
                        business models may limit the adoption of smart 
                        building technologies and how to support 
                        transactive energy;
                            (vii) integration and application of 
                        combined heat and power systems and energy 
                        storage for resiliency;
                            (viii) characterization of buildings and 
                        components;
                            (ix) consumer and utility protections;
                            (x) continuous management, including the 
                        challenges of managing multiple energy systems 
                        and optimizing systems for disparate 
                        stakeholders; and
                            (xi) other areas of research and 
                        development, as determined appropriate by the 
                        Secretary.
    (e) Report.--Not later than 2 years after the date of enactment of 
this Act, and every 2 years thereafter until a total of 3 reports have 
been made, the Secretary shall submit to the Committee on Energy and 
Natural Resources of the Senate and the Committee on Energy and 
Commerce of the House of Representatives a report on--
            (1) the establishment of the Federal Smart Building Program 
        and the evaluation of Federal smart buildings under subsection 
        (b);
            (2) the survey and evaluation of private sector smart 
        buildings under subsection (c); and
            (3) any recommendations of the Secretary to further 
        accelerate the transition to smart buildings.

SEC. 1015. REPEAL OF FOSSIL PHASE-OUT.

    Section 305(a)(3) of the Energy Conservation and Production Act (42 
U.S.C. 6834(a)(3)) is amended by striking subparagraph (D).

SEC. 1016. FEDERAL BUILDING ENERGY EFFICIENCY PERFORMANCE STANDARDS.

    (a) Definitions.--Section 303 of the Energy Conservation and 
Production Act (42 U.S.C. 6832) (as amended by section 1001(a)) is 
amended--
            (1) in paragraph (6), by striking ``to be constructed'' and 
        inserting ``constructed or altered''; and
            (2) by adding at the end the following:
            ``(19) Major renovation.--The term `major renovation' means 
        a modification of building energy systems sufficiently 
        extensive that the whole building can meet energy standards for 
        new buildings, based on criteria to be established by the 
        Secretary through notice and comment rulemaking.''.
    (b) Federal Building Efficiency Standards.--Section 305(a)(3) of 
the Energy Conservation and Production Act (42 U.S.C. 6834(a)(3)) (as 
amended by section 1015) is amended--
            (1) by striking ``(3)(A) Not later than'' and all that 
        follows through subparagraph (B) and inserting the following:
            ``(3) Revised federal building energy efficiency 
        performance standards.--
                    ``(A) Revised federal building energy efficiency 
                performance standards.--
                            ``(i) In general.--Not later than 1 year 
                        after the date of enactment of the Energy 
                        Policy Modernization Act of 2016, the Secretary 
                        shall establish, by rule, revised Federal 
                        building energy efficiency performance 
                        standards that require that--
                                    ``(I) new Federal buildings and 
                                alterations and additions to existing 
                                Federal buildings--
                                            ``(aa) meet or exceed the 
                                        most recent revision of the 
                                        International Energy 
                                        Conservation Code (in the case 
                                        of residential buildings) or 
                                        ASHRAE Standard 90.1 (in the 
                                        case of commercial buildings) 
                                        as of the date of enactment of 
                                        the Energy Policy Modernization 
                                        Act of 2016; and
                                            ``(bb) meet or exceed the 
                                        energy provisions of State and 
                                        local building codes applicable 
                                        to the building, if the codes 
                                        are more stringent than the 
                                        International Energy 
                                        Conservation Code or ASHRAE 
                                        Standard 90.1, as applicable;
                                    ``(II) unless demonstrated not to 
                                be life-cycle cost effective for new 
                                Federal buildings and Federal buildings 
                                with major renovations--
                                            ``(aa) the buildings be 
                                        designed to achieve energy 
                                        consumption levels that are at 
                                        least 30 percent below the 
                                        levels established in the 
                                        version of the ASHRAE Standard 
                                        or the International Energy 
                                        Conservation Code, as 
                                        appropriate, that is applied 
                                        under subclause (I)(aa), 
                                        including updates under 
                                        subparagraph (B); and
                                            ``(bb) sustainable design 
                                        principles are applied to the 
                                        location, siting, design, and 
                                        construction of all new Federal 
                                        buildings and replacement 
                                        Federal buildings;
                                    ``(III) if water is used to achieve 
                                energy efficiency, water conservation 
                                technologies shall be applied to the 
                                extent that the technologies are life-
                                cycle cost effective; and
                                    ``(IV) if life-cycle cost 
                                effective, as compared to other 
                                reasonably available technologies, not 
                                less than 30 percent of the hot water 
                                demand for each new Federal building or 
                                Federal building undergoing a major 
                                renovation be met through the 
                                installation and use of solar hot water 
                                heaters.
                            ``(ii) Limitation.--Clause (i)(I) shall not 
                        apply to unaltered portions of existing Federal 
                        buildings and systems that have been added to 
                        or altered.
                    ``(B) Updates.--Not later than 1 year after the 
                date of approval of each subsequent revision of the 
                ASHRAE Standard or the International Energy 
                Conservation Code, as appropriate, the Secretary shall 
                determine whether the revised standards established 
                under subparagraph (A) should be updated to reflect the 
                revisions, based on the energy savings and life-cycle 
                cost-effectiveness of the revisions.''; and
            (2) in subparagraph (C), by striking ``(C) In the budget 
        request'' and inserting the following:
                    ``(C) Budget request.--In the budget request''.

SEC. 1017. CODIFICATION OF EXECUTIVE ORDER.

    Beginning in fiscal year 2016 and each fiscal year thereafter 
through fiscal year 2025, the head of each Federal agency shall, unless 
otherwise specified and where life-cycle cost-effective, promote 
building energy conservation, efficiency, and management by reducing, 
in Federal buildings of the agency, building energy intensity, as 
measured in British thermal units per gross square foot, by 2.5 percent 
each fiscal year, relative to the baseline of the building energy use 
of the applicable Federal buildings in fiscal year 2015 and after 
taking into account the progress of the Federal agency in preceding 
fiscal years.

SEC. 1018. CERTIFICATION FOR GREEN BUILDINGS.

    Section 305 of the Energy Conservation and Production Act (42 
U.S.C. 6834) (as amended by sections 1015 and 1016(b)) is amended--
            (1) in subsection (a)(3), by adding at the end the 
        following:
                    ``(D) Certification for green buildings.--
                            ``(i) Sustainable design principles.--
                        Sustainable design principles shall be applied 
                        to the siting, design, and construction of 
                        buildings covered by this subparagraph.
                            ``(ii) Selection of certification 
                        systems.--The Secretary, after reviewing the 
                        findings of the Federal Director under section 
                        436(h) of the Energy Independence and Security 
                        Act of 2007 (42 U.S.C. 17092(h)), in 
                        consultation with the Administrator of General 
                        Services, and in consultation with the 
                        Secretary of Defense relating to those 
                        facilities under the custody and control of the 
                        Department of Defense, shall determine those 
                        certification systems for green commercial and 
                        residential buildings that the Secretary 
                        determines to be the most likely to encourage a 
                        comprehensive and environmentally sound 
                        approach to certification of green buildings.
                            ``(iii) Basis for selection.--The 
                        determination of the certification systems 
                        under clause (ii) shall be based on ongoing 
                        review of the findings of the Federal Director 
                        under section 436(h) of the Energy Independence 
                        and Security Act of 2007 (42 U.S.C. 17092(h)) 
                        and the criteria described in clause (v).
                            ``(iv) Administration.--In determining 
                        certification systems under this subparagraph, 
                        the Secretary shall--
                                    ``(I) make a separate determination 
                                for all or part of each system;
                                    ``(II) confirm that the criteria 
                                used to support the selection of 
                                building products, materials, brands, 
                                and technologies--
                                            ``(aa) are fair and neutral 
                                        (meaning that the criteria are 
                                        based on an objective 
                                        assessment of relevant 
                                        technical data);
                                            ``(bb) do not prohibit, 
                                        disfavor, or discriminate 
                                        against selection based on 
                                        technically inadequate 
                                        information to inform human or 
                                        environmental risk; and
                                            ``(cc) are expressed to 
                                        prefer performance measures 
                                        whenever performance measures 
                                        may reasonably be used in lieu 
                                        of prescriptive measures; and
                                    ``(III) use environmental and 
                                health criteria that are based on risk 
                                assessment methodology that is 
                                generally accepted by the applicable 
                                scientific disciplines.
                            ``(v) Considerations.--In determining the 
                        green building certification systems under this 
                        subparagraph, the Secretary shall take into 
                        consideration--
                                    ``(I) the ability and availability 
                                of assessors and auditors to 
                                independently verify the criteria and 
                                measurement of metrics at the scale 
                                necessary to implement this 
                                subparagraph;
                                    ``(II) the ability of the 
                                applicable certification organization 
                                to collect and reflect public comment;
                                    ``(III) the ability of the standard 
                                to be developed and revised through a 
                                consensus-based process;
                                    ``(IV) an evaluation of the 
                                robustness of the criteria for a high-
                                performance green building, which shall 
                                give credit for promoting--
                                            ``(aa) efficient and 
                                        sustainable use of water, 
                                        energy, and other natural 
                                        resources;
                                            ``(bb) the use of renewable 
                                        energy sources;
                                            ``(cc) improved indoor 
                                        environmental quality through 
                                        enhanced indoor air quality, 
                                        thermal comfort, acoustics, day 
                                        lighting, pollutant source 
                                        control, and use of low-
                                        emission materials and building 
                                        system controls; and
                                            ``(dd) such other criteria 
                                        as the Secretary determines to 
                                        be appropriate; and
                                    ``(V) national recognition within 
                                the building industry.
                            ``(vi) Review.--The Secretary, in 
                        consultation with the Administrator of General 
                        Services and the Secretary of Defense, shall 
                        conduct an ongoing review to evaluate and 
                        compare private sector green building 
                        certification systems, taking into account--
                                    ``(I) the criteria described in 
                                clause (v); and
                                    ``(II) the identification made by 
                                the Federal Director under section 
                                436(h) of the Energy Independence and 
                                Security Act of 2007 (42 U.S.C. 
                                17092(h)).
                            ``(vii) Exclusions.--
                                    ``(I) In general.--Subject to 
                                subclause (II), if a certification 
                                system fails to meet the review 
                                requirements of clause (v), the 
                                Secretary shall--
                                            ``(aa) identify the 
                                        portions of the system, whether 
                                        prerequisites, credits, points, 
                                        or otherwise, that meet the 
                                        review criteria of clause (v);
                                            ``(bb) determine the 
                                        portions of the system that are 
                                        suitable for use; and
                                            ``(cc) exclude all other 
                                        portions of the system from 
                                        identification and use.
                                    ``(II) Entire systems.--The 
                                Secretary shall exclude an entire 
                                system from use if an exclusion under 
                                subclause (I)--
                                            ``(aa) impedes the 
                                        integrated use of the system;
                                            ``(bb) creates disparate 
                                        review criteria or unequal 
                                        point access for competing 
                                        materials; or
                                            ``(cc) increases agency 
                                        costs of the use.
                            ``(viii) Internal certification 
                        processes.--The Secretary may by rule allow 
                        Federal agencies to develop internal 
                        certification processes, using certified 
                        professionals, in lieu of certification by 
                        certification entities identified under clause 
                        (ii).
                            ``(ix) Privatized military housing.--With 
                        respect to privatized military housing, the 
                        Secretary of Defense, after consultation with 
                        the Secretary may, through rulemaking, develop 
                        alternative certification systems and levels 
                        than the systems and levels identified under 
                        clause (ii) that achieve an equivalent result 
                        in terms of energy savings, sustainable design, 
                        and green building performance.
                            ``(x) Water conservation technologies.--In 
                        addition to any use of water conservation 
                        technologies otherwise required by this 
                        section, water conservation technologies shall 
                        be applied to the extent that the technologies 
                        are life-cycle cost-effective.
                            ``(xi) Effective date.--
                                    ``(I) Determinations made after 
                                december 31, 2015.--This subparagraph 
                                shall apply to any determination made 
                                by a Federal agency after December 31, 
                                2015.
                                    ``(II) Determinations made on or 
                                before december 31, 2015.--This 
                                subparagraph (as in effect on the day 
                                before the date of enactment of the 
                                Energy Policy Modernization Act of 
                                2016) shall apply to any use of a 
                                certification system for green 
                                commercial and residential buildings by 
                                a Federal agency on or before December 
                                31, 2015.''; and
            (2) by striking subsections (c) and (d) and inserting the 
        following:
    ``(c) Periodic Review.--The Secretary shall--
            ``(1) once every 5 years, review the Federal building 
        energy standards established under this section; and
            ``(2) on completion of a review under paragraph (1), if the 
        Secretary determines that significant energy savings would 
        result, upgrade the standards to include all new energy 
        efficiency and renewable energy measures that are 
        technologically feasible and economically justified.''.

SEC. 1019. HIGH PERFORMANCE GREEN FEDERAL BUILDINGS.

    Section 436(h) of the Energy Independence and Security Act of 2007 
(42 U.S.C. 17092(h)) is amended--
            (1) in the subsection heading, by striking ``System'' and 
        inserting ``Systems'';
            (2) by striking paragraph (1) and inserting the following:
            ``(1) In general.--Based on an ongoing review, the Federal 
        Director shall identify and shall provide to the Secretary 
        pursuant to section 305(a)(3)(D) of the Energy Conservation and 
        Production Act (42 U.S.C. 6834(a)(3)(D)), a list of those 
        certification systems that the Director identifies as the most 
        likely to encourage a comprehensive and environmentally sound 
        approach to certification of green buildings.''; and
            (3) in paragraph (2)--
                    (A) in the matter preceding subparagraph (A), by 
                striking ``system'' and inserting ``systems'';
                    (B) by striking subparagraph (A) and inserting the 
                following:
                    ``(A) an ongoing review provided to the Secretary 
                pursuant to section 305(a)(3)(D) of the Energy 
                Conservation and Production Act (42 U.S.C. 
                6834(a)(3)(D)), which shall--
                            ``(i) be carried out by the Federal 
                        Director to compare and evaluate standards; and
                            ``(ii) allow any developer or administrator 
                        of a rating system or certification system to 
                        be included in the review;'';
                    (C) in subparagraph (E)(v), by striking ``and'' 
                after the semicolon at the end;
                    (D) in subparagraph (F), by striking the period at 
                the end and inserting a semicolon; and
                    (E) by adding at the end the following:
                    ``(G) a finding that, for all credits addressing 
                grown, harvested, or mined materials, the system does 
                not discriminate against the use of domestic products 
                that have obtained certifications of responsible 
                sourcing; and
                    ``(H) a finding that the system incorporates life-
                cycle assessment as a credit pathway.''.

SEC. 1020. EVALUATION OF POTENTIALLY DUPLICATIVE GREEN BUILDING 
              PROGRAMS.

    (a) Definitions.--In this section:
            (1) Administrative expenses.--
                    (A) In general.--The term ``administrative 
                expenses'' has the meaning given the term by the 
                Director of the Office of Management and Budget under 
                section 504(b)(2) of the Energy and Water Development 
                and Related Agencies Appropriations Act, 2010 (31 
                U.S.C. 1105 note; Public Law 111-85).
                    (B) Inclusions.--The term ``administrative 
                expenses'' includes, with respect to an agency--
                            (i) costs incurred by--
                                    (I) the agency; or
                                    (II) any grantee, subgrantee, or 
                                other recipient of funds from a grant 
                                program or other program administered 
                                by the agency; and
                            (ii) expenses relating to personnel 
                        salaries and benefits, property management, 
                        travel, program management, promotion, reviews 
                        and audits, case management, and communication 
                        regarding, promotion of, and outreach for 
                        programs and program activities administered by 
                        the agency.
            (2) Applicable program.--The term ``applicable program'' 
        means any program that is--
                    (A) listed in Table 9 (pages 348-350) of the report 
                of the Government Accountability Office entitled ``2012 
                Annual Report: Opportunities to Reduce Duplication, 
                Overlap and Fragmentation, Achieve Savings, and Enhance 
                Revenue''; and
                    (B) administered by--
                            (i) the Secretary;
                            (ii) the Secretary of Agriculture;
                            (iii) the Secretary of Defense;
                            (iv) the Secretary of Education;
                            (v) the Secretary of Health and Human 
                        Services;
                            (vi) the Secretary of Housing and Urban 
                        Development;
                            (vii) the Secretary of Transportation;
                            (viii) the Secretary of the Treasury;
                            (ix) the Administrator of the Environmental 
                        Protection Agency;
                            (x) the Director of the National Institute 
                        of Standards and Technology; or
                            (xi) the Administrator of the Small 
                        Business Administration.
            (3) Service.--
                    (A) In general.--Subject to subparagraph (B), the 
                term ``service'' has the meaning given the term by the 
                Director of the Office of Management and Budget.
                    (B) Requirements.--For purposes of subparagraph 
                (A), the term ``service'' shall be limited to 
                activities, assistance, or other aid that provides a 
                direct benefit to a recipient, such as--
                            (i) the provision of technical assistance;
                            (ii) assistance for housing or tuition; or
                            (iii) financial support (including grants, 
                        loans, tax credits, and tax deductions).
    (b) Report.--
            (1) In general.--Not later than January 1, 2017, the 
        Secretary, in consultation with the agency heads described in 
        clauses (ii) through (xi) of subsection (a)(2)(B), shall submit 
        to Congress and make available on the public Internet website 
        of the Department a report that describes the applicable 
        programs.
            (2) Requirements.--In preparing the report under paragraph 
        (1), the Secretary shall--
                    (A) determine the approximate annual total 
                administrative expenses of each applicable program 
                attributable to green buildings;
                    (B) determine the approximate annual expenditures 
                for services for each applicable program attributable 
                to green buildings;
                    (C) describe the intended market for each 
                applicable program attributable to green buildings, 
                including the--
                            (i) estimated the number of clients served 
                        by each applicable program; and
                            (ii) beneficiaries who received services or 
                        information under the applicable program (if 
                        applicable and if data is readily available);
                    (D) estimate--
                            (i) the number of full-time employees who 
                        administer activities attributable to green 
                        buildings for each applicable program; and
                            (ii) the number of full-time equivalents 
                        (the salary of whom is paid in part or full by 
                        the Federal Government through a grant or 
                        contract, a subaward of a grant or contract, a 
                        cooperative agreement, or another form of 
                        financial award or assistance) who assist in 
                        administering activities attributable to green 
                        buildings for the applicable program;
                    (E) briefly describe the type of services each 
                applicable program provides attributable to green 
                buildings, such as information, grants, technical 
                assistance, loans, tax credits, or tax deductions;
                    (F) identify the type of recipient who is intended 
                to benefit from the services or information provided 
                under the applicable program attributable to green 
                buildings, such as individual property owners or 
                renters, local governments, businesses, nonprofit 
                organizations, or State governments; and
                    (G) identify whether written program goals are 
                available for each applicable program.
    (c) Recommendations.--Not later than January 1, 2017, the 
Secretary, in consultation with the agency heads described in clauses 
(ii) through (xi) of subsection (a)(2)(B), shall submit to Congress a 
report that includes--
            (1) a recommendation of whether any applicable program 
        should be eliminated or consolidated, including any legislative 
        changes that would be necessary to eliminate or consolidate 
        applicable programs; and
            (2) methods to improve the applicable programs by 
        establishing program goals or increasing collaboration to 
        reduce any potential overlap or duplication, taking into 
        account--
                    (A) the 2011 report of the Government 
                Accountability Office entitled ``Federal Initiatives 
                for the Nonfederal Sector Could Benefit from More 
                Interagency Collaboration''; and
                    (B) the report of the Government Accountability 
                Office entitled ``2012 Annual Report: Opportunities to 
                Reduce Duplication, Overlap and Fragmentation, Achieve 
                Savings, and Enhance Revenue''.
    (d) Analyses.--Not later than January 1, 2017, the Secretary, in 
consultation with the agency heads described in clauses (ii) through 
(xi) of subsection (a)(2)(B), shall identify--
            (1) which applicable programs were specifically authorized 
        by Congress; and
            (2) which applicable programs are carried out solely under 
        the discretionary authority of the Secretary or any agency head 
        described in clauses (ii) through (xi) of subsection (a)(2)(B).

SEC. 1021. STUDY AND REPORT ON ENERGY SAVINGS BENEFITS OF OPERATIONAL 
              EFFICIENCY PROGRAMS AND SERVICES.

    (a) Definition of Operational Efficiency Programs and Services.--In 
this section, the term ``operational efficiency programs and services'' 
means programs and services that use information and communications 
technologies (including computer hardware, energy efficiency software, 
and power management tools) to operate buildings and equipment in the 
optimum manner at the optimum times.
    (b) Study and Report.--Not later than 1 year after the date of 
enactment of this Act, the Secretary shall conduct a study and issue a 
report that quantifies the potential energy savings of operational 
efficiency programs and services for commercial, institutional, 
industrial, and governmental entities, including Federal agencies.
    (c) Measurement and Verification of Energy Savings.--The report 
required under this section shall include potential methodologies or 
protocols for utilities, utility regulators, and Federal agencies to 
evaluate, measure, and verify energy savings from operational 
efficiency programs and services.

SEC. 1022. USE OF FEDERAL DISASTER RELIEF AND EMERGENCY ASSISTANCE FOR 
              ENERGY-EFFICIENT PRODUCTS AND STRUCTURES.

    (a) In General.--Title III of the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 U.S.C. 5141 et seq.) is amended 
by adding at the end the following:

``SEC. 327. USE OF ASSISTANCE FOR ENERGY-EFFICIENT PRODUCTS AND 
              STRUCTURES.

    ``(a) Definitions.--In this section--
            ``(1) the term `energy-efficient product' means a product 
        that--
                    ``(A) meets or exceeds the requirements for 
                designation under an Energy Star program established 
                under section 324A of the Energy Policy and 
                Conservation Act (42 U.S.C. 6294a); or
                    ``(B) meets or exceeds the requirements for 
                designation as being among the highest 25 percent of 
                equivalent products for energy efficiency under the 
                Federal Energy Management Program; and
            ``(2) the term `energy-efficient structure' means a 
        residential structure, a public facility, or a private 
        nonprofit facility that meets or exceeds the requirements of 
        Standard 90.1-2013 of the American Society of Heating, 
        Refrigerating and Air-Conditioning Engineers or the 2015 
        International Energy Conservation Code, or any successor 
        thereto.
    ``(b) Use of Assistance.--A recipient of assistance relating to a 
major disaster or emergency may use the assistance to replace or repair 
a damaged product or structure with an energy-efficient product or 
energy-efficient structure.''.
    (b) Applicability.--The amendment made by this section shall apply 
to assistance made available under the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) before, 
on, or after the date of enactment of this Act that is expended on or 
after the date of enactment of this Act.

SEC. 1023. WATERSENSE.

    (a) In General.--Part B of title III of the Energy Policy and 
Conservation Act is amended by adding after section 324A (42 U.S.C. 
6294a) the following:

``SEC. 324B. WATERSENSE.

    ``(a) Establishment of WaterSense Program.--
            ``(1) In general.--There is established within the 
        Environmental Protection Agency a voluntary WaterSense program 
        to identify and promote water-efficient products, buildings, 
        landscapes, facilities, processes, and services that, through 
        voluntary labeling of, or other forms of communications 
        regarding, products, buildings, landscapes, facilities, 
        processes, and services while meeting strict performance 
        criteria, sensibly--
                    ``(A) reduce water use;
                    ``(B) reduce the strain on public and community 
                water systems and wastewater and stormwater 
                infrastructure;
                    ``(C) conserve energy used to pump, heat, 
                transport, and treat water; and
                    ``(D) preserve water resources for future 
                generations.
            ``(2) Inclusions.--The Administrator of the Environmental 
        Protection Agency (referred to in this section as the 
        `Administrator') shall, consistent with this section, identify 
        water-efficient products, buildings, landscapes, facilities, 
        processes, and services, including categories such as--
                    ``(A) irrigation technologies and services;
                    ``(B) point-of-use water treatment devices;
                    ``(C) plumbing products;
                    ``(D) reuse and recycling technologies;
                    ``(E) landscaping and gardening products, including 
                moisture control or water enhancing technologies;
                    ``(F) xeriscaping and other landscape conversions 
                that reduce water use;
                    ``(G) whole house humidifiers; and
                    ``(H) water-efficient buildings or facilities.
    ``(b) Duties.--The Administrator, coordinating as appropriate with 
the Secretary, shall--
            ``(1) establish--
                    ``(A) a WaterSense label to be used for items 
                meeting the certification criteria established in 
                accordance with this section; and
                    ``(B) the procedure, including the methods and 
                means, and criteria by which an item may be certified 
                to display the WaterSense label;
            ``(2) enhance public awareness regarding the WaterSense 
        label through outreach, education, and other means;
            ``(3) preserve the integrity of the WaterSense label by--
                    ``(A) establishing and maintaining feasible 
                performance criteria so that products, buildings, 
                landscapes, facilities, processes, and services labeled 
                with the WaterSense label perform as well or better 
                than less water-efficient counterparts;
                    ``(B) overseeing WaterSense certifications made by 
                third parties;
                    ``(C) as determined appropriate by the 
                Administrator, using testing protocols, from the 
                appropriate, applicable, and relevant consensus 
                standards, for the purpose of determining standards 
                compliance; and
                    ``(D) auditing the use of the WaterSense label in 
                the marketplace and preventing cases of misuse; and
            ``(4) not more often than 6 years after adoption or major 
        revision of any WaterSense specification, review and, if 
        appropriate, revise the specification to achieve additional 
        water savings;
            ``(5) in revising a WaterSense specification--
                    ``(A) provide reasonable notice to interested 
                parties and the public of any changes, including 
                effective dates, and an explanation of the changes;
                    ``(B) solicit comments from interested parties and 
                the public prior to any changes;
                    ``(C) as appropriate, respond to comments submitted 
                by interested parties and the public; and
                    ``(D) provide an appropriate transition time prior 
                to the applicable effective date of any changes, taking 
                into account the timing necessary for the manufacture, 
                marketing, training, and distribution of the specific 
                water-efficient product, building, landscape, process, 
                or service category being addressed; and
            ``(6) not later than December 31, 2018, consider for review 
        and revision any WaterSense specification adopted before 
        January 1, 2012.
    ``(c) Transparency.--The Administrator shall, to the maximum extent 
practicable and not less than annually, regularly estimate and make 
available to the public the production and relative market shares and 
savings of water, energy, and capital costs of water, wastewater, and 
stormwater attributable to the use of WaterSense-labeled products, 
buildings, landscapes, facilities, processes, and services.
    ``(d) Distinction of Authorities.--In setting or maintaining 
specifications for Energy Star pursuant to section 324A, and WaterSense 
under this section, the Secretary and Administrator shall coordinate to 
prevent duplicative or conflicting requirements among the respective 
programs.
    ``(e) No Warranty.--A WaterSense label shall not create an express 
or implied warranty.''.
    (b) Conforming Amendment.--The table of contents for the Energy 
Policy and Conservation Act (42 U.S.C. prec. 6201) is amended by 
inserting after the item relating to section 324A the following:

``Sec. 324B. WaterSense.''.

                         Subtitle B--Appliances

SEC. 1101. EXTENDED PRODUCT SYSTEM REBATE PROGRAM.

    (a) Definitions.--In this section:
            (1) Electric motor.--The term ``electric motor'' has the 
        meaning given the term in section 431.12 of title 10, Code of 
        Federal Regulations (as in effect on the date of enactment of 
        this Act).
            (2) Electronic control.--The term ``electronic control'' 
        means--
                    (A) a power converter; or
                    (B) a combination of a power circuit and control 
                circuit included on 1 chassis.
            (3) Extended product system.--The term ``extended product 
        system'' means an electric motor and any required associated 
        electronic control and driven load that--
                    (A) offers variable speed or multispeed operation;
                    (B) offers partial load control that reduces input 
                energy requirements (as measured in kilowatt-hours) as 
                compared to identified base levels set by the 
                Secretary; and
                    (C)(i) has greater than 1 horsepower; and
                    (ii) uses an extended product system technology, as 
                determined by the Secretary.
            (4) Qualified extended product system.--
                    (A) In general.--The term ``qualified extended 
                product system'' means an extended product system 
                that--
                            (i) includes an electric motor and an 
                        electronic control; and
                            (ii) reduces the input energy (as measured 
                        in kilowatt-hours) required to operate the 
                        extended product system by not less than 5 
                        percent, as compared to identified base levels 
                        set by the Secretary.
                    (B) Inclusions.--The term ``qualified extended 
                product system'' includes commercial or industrial 
                machinery or equipment that--
                            (i)(I) did not previously make use of the 
                        extended product system prior to the redesign 
                        described in subclause (II); and
                            (II) incorporates an extended product 
                        system that has greater than 1 horsepower into 
                        redesigned machinery or equipment; and
                            (ii) was previously used prior to, and was 
                        placed back into service during, calendar year 
                        2016 or 2017.
    (b) Establishment.--Not later than 180 days after the date of 
enactment of this Act, the Secretary shall establish a program to 
provide rebates for expenditures made by qualified entities for the 
purchase or installation of a qualified extended product system.
    (c) Qualified Entities.--
            (1) Eligibility requirements.--A qualified entity under 
        this section shall be--
                    (A) in the case of a qualified extended product 
                system described in subsection (a)(4)(A), the purchaser 
                of the qualified extended product that is installed; 
                and
                    (B) in the case of a qualified extended product 
                system described in subsection (a)(4)(B), the 
                manufacturer of the commercial or industrial machinery 
                or equipment that incorporated the extended product 
                system into that machinery or equipment.
            (2) Application.--To be eligible to receive a rebate under 
        this section, a qualified entity shall submit to the 
        Secretary--
                    (A) an application in such form, at such time, and 
                containing such information as the Secretary may 
                require; and
                    (B) a certification that includes demonstrated 
                evidence--
                            (i) that the entity is a qualified entity; 
                        and
                            (ii)(I) in the case of a qualified entity 
                        described in paragraph (1)(A)--
                                    (aa) that the qualified entity 
                                installed the qualified extended 
                                product system during the 2 fiscal 
                                years following the date of enactment 
                                of this Act;
                                    (bb) that the qualified extended 
                                product system meets the requirements 
                                of subsection (a)(4)(A); and
                                    (cc) showing the serial number, 
                                manufacturer, and model number from the 
                                nameplate of the installed motor of the 
                                qualified entity on which the qualified 
                                extended product system was installed; 
                                or
                            (II) in the case of a qualified entity 
                        described in paragraph (1)(B), demonstrated 
                        evidence--
                                    (aa) that the qualified extended 
                                product system meets the requirements 
                                of subsection (a)(4)(B); and
                                    (bb) showing the serial number, 
                                manufacturer, and model number from the 
                                nameplate of the installed motor of the 
                                qualified entity with which the 
                                extended product system is integrated.
    (d) Authorized Amount of Rebate.--
            (1) In general.--The Secretary may provide to a qualified 
        entity a rebate in an amount equal to the product obtained by 
        multiplying--
                    (A) an amount equal to the sum of the nameplate 
                rated horsepower of--
                            (i) the electric motor to which the 
                        qualified extended product system is attached; 
                        and
                            (ii) the electronic control; and
                    (B) $25.
            (2) Maximum aggregate amount.--A qualified entity shall not 
        be entitled to aggregate rebates under this section in excess 
        of $25,000 per calendar year.
    (e) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $5,000,000 for each of the first 
2 full fiscal years following the date of enactment of this Act, to 
remain available until expended.

SEC. 1102. ENERGY EFFICIENT TRANSFORMER REBATE PROGRAM.

    (a) Definitions.--In this section:
            (1) Qualified energy efficient transformer.--The term 
        ``qualified energy efficient transformer'' means a transformer 
        that meets or exceeds the applicable energy conservation 
        standards described in the tables in subsection (b)(2) and 
        paragraphs (1) and (2) of subsection (c) of section 431.196 of 
        title 10, Code of Federal Regulations (as in effect on the date 
        of enactment of this Act).
            (2) Qualified energy inefficient transformer.--The term 
        ``qualified energy inefficient transformer'' means a 
        transformer with an equal number of phases and capacity to a 
        transformer described in any of the tables in subsection (b)(2) 
        and paragraphs (1) and (2) of subsection (c) of section 431.196 
        of title 10, Code of Federal Regulations (as in effect on the 
        date of enactment of this Act) that--
                    (A) does not meet or exceed the applicable energy 
                conservation standards described in paragraph (1); and
                    (B)(i) was manufactured between January 1, 1985, 
                and December 31, 2006, for a transformer with an equal 
                number of phases and capacity as a transformer 
                described in the table in subsection (b)(2) of section 
                431.196 of title 10, Code of Federal Regulations (as in 
                effect on the date of enactment of this Act); or
                    (ii) was manufactured between January 1, 1990, and 
                December 31, 2009, for a transformer with an equal 
                number of phases and capacity as a transformer 
                described in the table in paragraph (1) or (2) of 
                subsection (c) of that section (as in effect on the 
                date of enactment of this Act).
            (3) Qualified entity.--The term ``qualified entity'' means 
        an owner of industrial or manufacturing facilities, commercial 
        buildings, or multifamily residential buildings, a utility, or 
        an energy service company that fulfills the requirements of 
        subsection (d).
    (b) Establishment.--Not later than 90 days after the date of 
enactment of this Act, the Secretary shall establish a program to 
provide rebates to qualified entities for expenditures made by the 
qualified entity for the replacement of a qualified energy inefficient 
transformer with a qualified energy efficient transformer.
    (c) Requirements.--To be eligible to receive a rebate under this 
section, an entity shall submit to the Secretary an application in such 
form, at such time, and containing such information as the Secretary 
may require, including demonstrated evidence--
            (1) that the entity purchased a qualified energy efficient 
        transformer;
            (2) of the core loss value of the qualified energy 
        efficient transformer;
            (3) of the age of the qualified energy inefficient 
        transformer being replaced;
            (4) of the core loss value of the qualified energy 
        inefficient transformer being replaced--
                    (A) as measured by a qualified professional or 
                verified by the equipment manufacturer, as applicable; 
                or
                    (B) for transformers described in subsection 
                (a)(2)(B)(i), as selected from a table of default 
                values as determined by the Secretary in consultation 
                with applicable industry; and
            (5) that the qualified energy inefficient transformer has 
        been permanently decommissioned and scrapped.
    (d) Authorized Amount of Rebate.--The amount of a rebate provided 
under this section shall be--
            (1) for a 3-phase or single-phase transformer with a 
        capacity of not less than 10 and not greater than 2,500 
        kilovolt-amperes, twice the amount equal to the difference in 
        Watts between the core loss value (as measured in accordance 
        with paragraphs (2) and (4) of subsection (c)) of--
                    (A) the qualified energy inefficient transformer; 
                and
                    (B) the qualified energy efficient transformer; or
            (2) for a transformer described in subsection (a)(2)(B)(i), 
        the amount determined using a table of default rebate values by 
        rated transformer output, as measured in kilovolt-amperes, as 
        determined by the Secretary in consultation with applicable 
        industry.
    (e) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $5,000,000 for each of fiscal 
years 2016 and 2017, to remain available until expended.
    (f) Termination of Effectiveness.--The authority provided by this 
section terminates on December 31, 2017.

SEC. 1103. STANDARDS FOR CERTAIN FURNACES.

    Section 325(f)(4) of the Energy Policy and Conservation Act (42 
U.S.C. 6295(f)(4)) is amended by adding at the end the following:
                    ``(E) Restriction on final rule for residential 
                non-weatherized gas furnaces and mobile home 
                furnaces.--
                            ``(i) In general.--Notwithstanding any 
                        other provision of this Act, the Secretary 
                        shall not prescribe a final rule amending the 
                        efficiency standards for residential non-
                        weatherized gas furnaces or mobile home 
                        furnaces until each of the following has 
                        occurred:
                                    ``(I) The Secretary convenes a 
                                representative advisory group of 
                                interested stakeholders, including the 
                                manufacturers, distributors, and 
                                contractors of residential non-
                                weatherized gas furnaces and mobile 
                                home furnaces, home builders, building 
                                owners, energy efficiency advocates, 
                                natural gas utilities, electric 
                                utilities, and consumer groups.
                                    ``(II) Not later than 1 year after 
                                the date of enactment of this 
                                subparagraph, the advisory group 
                                described in subclause (I) completes an 
                                analysis of a nationwide requirement of 
                                a condensing furnace efficiency 
                                standard including--
                                            ``(aa) a complete analysis 
                                        of current market trends 
                                        regarding the transition of 
                                        sales from non-condensing 
                                        furnaces to condensing 
                                        furnaces;
                                            ``(bb) the projected net 
                                        loss in the industry of the 
                                        present value of original 
                                        equipment manufactured after 
                                        adoption of the standard;
                                            ``(cc) the projected 
                                        consumer payback period and 
                                        life cycle cost savings after 
                                        adoption of the standard;
                                            ``(dd) a determination of 
                                        whether the standard is 
                                        economically justified, based 
                                        solely on the definition of 
                                        energy under section 321; and
                                            ``(ee) other common 
                                        economic principles.
                                    ``(III) The advisory group 
                                described in subclause (I) reviews the 
                                analysis and determines whether a 
                                nationwide requirement of a condensing 
                                furnace efficiency standard is 
                                technically feasible and economically 
                                justified.
                                    ``(IV) The final determination of 
                                the advisory group under subclause 
                                (III) is published in the Federal 
                                Register.
                            ``(ii) Amended standards.--If the advisory 
                        group determines under clause (i)(III) that a 
                        nationwide requirement of a condensing furnace 
                        efficiency standard is not technically feasible 
                        and economically justified, the Secretary 
                        shall, not later than 180 days after the date 
                        on which the final determination of the 
                        advisory group is published in the Federal 
                        Register under clause (i)(IV), establish 
                        amended standards through the negotiated 
                        rulemaking procedure provided for under 
                        subchapter III of chapter 5 of title 5, United 
                        States Code (commonly known as the `Negotiated 
                        Rulemaking Act of 1990').''.

SEC. 1104. THIRD-PARTY CERTIFICATION UNDER ENERGY STAR PROGRAM.

    Section 324A of the Energy Policy and Conservation Act (42 U.S.C. 
6294a) is amended by adding at the end the following:
    ``(e) Third-Party Certification.--
            ``(1) In general.--Subject to paragraph (2), not later than 
        180 days after the date of enactment of this subsection, the 
        Administrator shall revise the certification requirements for 
        the labeling of consumer, home, and office electronic products 
        for program partners that have complied with all requirements 
        of the Energy Star program for a period of at least 18 months.
            ``(2) Administration.--In the case of a program partner 
        described in paragraph (1), the new requirements under 
        paragraph (1)--
                    ``(A) shall not require third-party certification 
                for a product to be listed; but
                    ``(B) may require that test data and other product 
                information be submitted to facilitate product listing 
                and performance verification for a sample of products.
            ``(3) Third parties.--Nothing in this subsection prevents 
        the Administrator from using third parties in the course of the 
        administration of the Energy Star program.
            ``(4) Termination.--
                    ``(A) In general.--Subject to subparagraph (B), an 
                exemption from third-party certification provided to a 
                program partner under paragraph (1) shall terminate if 
                the program partner is found to have violated program 
                requirements with respect to at least 2 separate models 
                during a 2-year period.
                    ``(B) Resumption.--A termination for a program 
                partner under subparagraph (A) shall cease if the 
                program partner complies with all Energy Star program 
                requirements for a period of at least 3 years.''.

SEC. 1105. ENERGY CONSERVATION STANDARDS FOR COMMERCIAL REFRIGERATION 
              EQUIPMENT.

    (a) Deadline.--The requirements of the final rule entitled ``Energy 
Conservation Program: Energy Conservation Standards for Commercial 
Refrigeration Equipment'' (79 Fed. Reg. 17725 (March 28, 2014)), shall 
take effect on January 1, 2020, for equipment covered by the final rule 
that--
            (1) uses natural refrigerants with a global warming 
        potential of 10 or less that are approved for use by the 
        Environmental Protection Agency under the Significant New 
        Alternatives Program;
            (2) is within 1 of the following product categories:
                    (A) VCT.SC.M vertical cooler with transparent door 
                self contained medium temperature; or
                    (B) HCT.SC.M horizontal cooler with transparent 
                door self contained medium temperature; and
            (3) uses not more than 115 percent of the energy use 
        allowed by applicable standards under Energy Star 3.0.
    (b) Future Rulemakings.--Nothing in this section changes the 
criteria to be considered during future rulemakings undertaken by the 
Department under title III of the Energy Policy and Conservation Act 
(42 U.S.C. 6291 et seq.).
    (c) Review.--Notwithstanding subsection (a), the next review 
required under section 342(c)(6)(B) of the Energy Policy and 
Conservation Act (42 U.S.C. 6313(c)(6)(B)) shall be conducted based on 
an effective date of March 27, 2017.

SEC. 1106. VOLUNTARY VERIFICATION PROGRAMS FOR AIR CONDITIONING, 
              FURNACE, BOILER, HEAT PUMP, AND WATER HEATER PRODUCTS.

    Section 326(b) of the Energy Policy and Conservation Act (42 U.S.C. 
6296(b)) is amended by adding at the end the following:
            ``(6) Voluntary verification programs for air conditioning, 
        furnace, boiler, heat pump, and water heater products.--
                    ``(A) Reliance on voluntary programs.--For the 
                purpose of periodic testing to verify compliance with 
                energy conservation standards and Energy Star 
                specifications established under sections 324A, 325, 
                and 342 for covered products described in paragraphs 
                (3), (4), (5), (9), and (11) of section 322(a) and 
                covered equipment described in subparagraphs (B), (C), 
                (D), (F), (I), (J), and (K) of section 340(1), the 
                Secretary and the Administrator of the Environmental 
                Protection Agency shall rely on testing conducted by 
                voluntary verification programs that are recognized by 
                the Secretary in accordance with subparagraph (B).
                    ``(B) Recognition of voluntary verification 
                programs.--
                            ``(i) In general.--Not later than 180 days 
                        after the date of enactment of this paragraph, 
                        the Secretary shall initiate a negotiated 
                        rulemaking in accordance with subchapter III of 
                        chapter 5 of title 5, United States Code 
                        (commonly known as the `Negotiated Rulemaking 
                        Act of 1990') to develop criteria that have 
                        consensus support for achieving recognition by 
                        the Secretary as an approved voluntary 
                        verification program.
                            ``(ii) Minimum requirements.--The criteria 
                        developed under clause (i) shall, at a minimum, 
                        ensure that the voluntary verification 
                        program--
                                    ``(I) is nationally recognized;
                                    ``(II) is operated by a third party 
                                and not directly operated by a program 
                                participant;
                                    ``(III) satisfies any applicable 
                                elements of--
                                            ``(aa) International 
                                        Organization for 
                                        Standardization standard 
                                        numbered 17025; and
                                            ``(bb) any other relevant 
                                        International Organization for 
                                        Standardization standards 
                                        identified and agreed to 
                                        through the negotiated 
                                        rulemaking under clause (i);
                                    ``(IV) at least annually tests 
                                independently obtained products 
                                following the test procedures 
                                established under this title to verify 
                                the certified rating of a 
                                representative sample of products and 
                                equipment within the scope of the 
                                program;
                                    ``(V) maintains a publicly 
                                available list of all ratings of 
                                products subject to verification;
                                    ``(VI) requires the changing of the 
                                performance rating or removal of the 
                                product or equipment from the program 
                                if testing determines that the 
                                performance rating does not meet the 
                                levels the manufacturer has certified 
                                to the Secretary;
                                    ``(VII) requires new program 
                                participants to substantiate ratings 
                                through test data generated in 
                                accordance with DOE regulations;
                                    ``(VIII) allows for challenge 
                                testing of products and equipment 
                                within the scope of the program;
                                    ``(IX) requires program 
                                participants to disclose the 
                                performance rating of all covered 
                                products and equipment within the scope 
                                of the program for the covered product 
                                or equipment;
                                    ``(X) provides to the Secretary--
                                            ``(aa) an annual report of 
                                        all test results, the contents 
                                        of which shall be determined 
                                        through the negotiated 
                                        rulemaking process under clause 
                                        (i); and
                                            ``(bb) test reports, on the 
                                        request of the Secretary or the 
                                        Administrator of the 
                                        Environmental Protection 
                                        Agency, that note any 
                                        instructions specified by the 
                                        manufacturer or the 
                                        representative of the 
                                        manufacturer for the purpose of 
                                        conducting the verification 
                                        testing, to be exempted from 
                                        disclosure to the extent 
                                        provided under section 
                                        552(b)(4) of title 5, United 
                                        States Code (commonly known as 
                                        the `Freedom of Information 
                                        Act'); and
                                    ``(XI) satisfies any additional 
                                requirements or standards that the 
                                Secretary and Administrator of the 
                                Environmental Protection Agency shall 
                                establish consistent with this 
                                subparagraph.
                            ``(iii) Finding required for cessation of 
                        recognition.--The Secretary may only cease 
                        recognition of a voluntary verification program 
                        as an approved program described in 
                        subparagraph (A) on a finding that the program 
                        is not meeting its obligations for compliance 
                        through program review criteria established 
                        under this subparagraph.
                            ``(iv) Revisions.--
                                    ``(I) In general.--Major revisions 
                                to voluntary verification program 
                                criteria established under this 
                                subparagraph shall only be made 
                                pursuant to a subsequent negotiated 
                                rulemaking in accordance with 
                                subchapter III of chapter 5 of title 5, 
                                United States Code (commonly known as 
                                the `Negotiated Rulemaking Act of 
                                1990').
                                    ``(II) Nonmajor revisions.--
                                            ``(aa) In general.--The 
                                        Secretary may make all other 
                                        nonmajor criteria revisions by 
                                        initiating a direct final rule 
                                        in accordance with section 
                                        553(b)(3)(B) of title 5, United 
                                        States Code, on a determination 
                                        published in the Federal 
                                        Register that revisions to the 
                                        criteria are necessary and that 
                                        substantive opposition to the 
                                        proposed revisions is not 
                                        expected.
                                            ``(bb) Conditions for 
                                        effectiveness.--If the 
                                        Secretary does not receive 
                                        adversarial comments with 
                                        respect to the determination 
                                        published under item (aa) 
                                        during the 30-day-period 
                                        following publication of that 
                                        determination in the Federal 
                                        Register, the direct final rule 
                                        shall have the force and effect 
                                        of law.
                                            ``(cc) Withdrawal of final 
                                        rule.--Receipt of any 
                                        adversarial comment with 
                                        respect to the determination 
                                        published under item (aa) shall 
                                        require the Secretary to 
                                        withdraw the direct final rule 
                                        and publish--

                                                    ``(AA) a notice of 
                                                proposed rulemaking 
                                                pursuant to section 553 
                                                of title 5, United 
                                                States Code; or

                                                    ``(BB) a notice of 
                                                proposed rulemaking 
                                                pursuant to section 553 
                                                of title 5, United 
                                                States Code, that 
                                                includes a 
                                                determination that 
                                                revisions to the 
                                                criteria are necessary.

                    ``(C) Administration.--
                            ``(i) In general.--The Secretary and the 
                        Administrator of the Environmental Protection 
                        Agency shall not require--
                                    ``(I) manufacturers to participate 
                                in a voluntary verification program 
                                described in subparagraph (A); or
                                    ``(II) participating manufacturers 
                                to provide information that has already 
                                been provided to the Secretary or the 
                                Administrator.
                            ``(ii) List of covered products.--The 
                        Secretary or the Administrator of the 
                        Environmental Protection Agency may maintain a 
                        publicly available list of covered products and 
                        equipment that distinguishes between products 
                        that are, and are not covered products and 
                        equipment verified through a voluntary 
                        verification program described in subparagraph 
                        (A);
                            ``(iii) Periodic verification testing.--
                                    ``(I) In general.--The Secretary--
                                            ``(aa) shall not subject 
                                        products or equipment that have 
                                        been verification tested under 
                                        a voluntary verification 
                                        program described in 
                                        subparagraph (A) to periodic 
                                        verification testing that 
                                        verifies the accuracy of the 
                                        certified performance rating of 
                                        the products or equipment; but
                                            ``(bb) may test products or 
                                        equipment described in 
                                        subclause (I) if the testing is 
                                        necessary--

                                                    ``(AA) to assess 
                                                the overall performance 
                                                of a voluntary 
                                                verification program;

                                                    ``(BB) to address 
                                                specific performance 
                                                issues;

                                                    ``(CC) for use in 
                                                updating test 
                                                procedures and 
                                                standards; or

                                                    ``(DD) for other 
                                                purposes consistent 
                                                with this title.

                                    ``(II) Additional testing.--The 
                                Secretary may subject products or 
                                equipment described in subclause (I) to 
                                periodic verification testing outside 
                                the restrictions of subclause (I)(bb), 
                                if agreed to during the rulemaking 
                                described in subparagraph (B)
                    ``(D) Effect on other authority.--Nothing in this 
                paragraph limits the authority of the Secretary or the 
                Administrator of the Environmental Protection Agency to 
                enforce compliance with any law.''.

SEC. 1107. APPLICATION OF ENERGY CONSERVATION STANDARDS TO CERTAIN 
              EXTERNAL POWER SUPPLIES.

    (a) Definition of External Power Supply.--Section 321(36)(A) of the 
Energy Policy and Conservation Act (42 U.S.C. 6291(36)(A)) is amended--
            (1) by striking the subparagraph designation and all that 
        follows through ``The term'' and inserting the following:
                    ``(A) External power supply.--
                            ``(i) In general.--The term''; and
            (2) by adding at the end the following:
                            ``(ii) Exclusion.--The term `external power 
                        supply' does not include a power supply 
                        circuit, driver, or device that is designed 
                        exclusively to be connected to, and power--
                                    ``(I) light-emitting diodes 
                                providing illumination;
                                    ``(II) organic light-emitting 
                                diodes providing illumination; or
                                    ``(III) ceiling fans using direct 
                                current motors.''.
    (b) Standards for Lighting Power Supply Circuits.--
            (1) Definition.--Section 340(2)(B) of the Energy Policy and 
        Conservation Act (42 U.S.C. 6311(2)(B)) is amended by striking 
        clause (v) and inserting the following:
                            ``(v) electric lights and lighting power 
                        supply circuits;''.
            (2) Energy conservation standard for certain equipment.--
        Section 342 of the Energy Policy and Conservation Act (42 
        U.S.C. 6313) is amended by adding at the end the following:
    ``(g) Lighting Power Supply Circuits.--If the Secretary, acting 
pursuant to section 341(b), includes as a covered equipment solid state 
lighting power supply circuits, drivers, or devices described in 
section 321(36)(A)(ii), the Secretary may prescribe under this part, 
not earlier than 1 year after the date on which a test procedure has 
been prescribed, an energy conservation standard for such equipment.''.
    (c) Technical Corrections.--
            (1) Section 321(6)(B) of the Energy Policy and Conservation 
        Act (42 U.S.C. 6291(6)(B)) is amended by striking ``(19)'' and 
        inserting ``(20)''.
            (2) Section 324 of the Energy Policy and Conservation Act 
        (42 U.S.C. 6294) is amended by striking ``(19)'' each place it 
        appears in each of subsections (a)(3), (b)(1)(B), (b)(3), and 
        (b)(5) and inserting ``(20)''.
            (3) Section 325(l) of the Energy Policy and Conservation 
        Act (42 U.S.C. 6295(l)) is amended by striking ``paragraph 
        (19)'' each place it appears and inserting ``paragraph (20)''.

                       Subtitle C--Manufacturing

SEC. 1201. MANUFACTURING ENERGY EFFICIENCY.

    (a) Purposes.--The purposes of this section are--
            (1) to reform and reorient the industrial efficiency 
        programs of the Department;
            (2) to establish a clear and consistent authority for 
        industrial efficiency programs of the Department;
            (3) to accelerate the deployment of technologies and 
        practices that will increase industrial energy efficiency and 
        improve productivity;
            (4) to accelerate the development and demonstration of 
        technologies that will assist the deployment goals of the 
        industrial efficiency programs of the Department and increase 
        manufacturing efficiency;
            (5) to stimulate domestic economic growth and improve 
        industrial productivity and competitiveness; and
            (6) to strengthen partnerships between Federal and State 
        governmental agencies and the private and academic sectors.
    (b) Future of Industry Program.--
            (1) In general.--Section 452 of the Energy Independence and 
        Security Act of 2007 (42 U.S.C. 17111) is amended by striking 
        the section heading and inserting the following: ``future of 
        industry program''.
            (2) Definition of energy service provider.--Section 452(a) 
        of the Energy Independence and Security Act of 2007 (42 U.S.C. 
        17111(a)) is amended--
                    (A) in paragraph (2)--
                            (i) by redesignating subparagraph (E) as 
                        subparagraph (F); and
                            (ii) by inserting before subparagraph (F) 
                        (as so redesignated) the following:
                    ``(E) water and wastewater treatment facilities, 
                including systems that treat municipal, industrial, and 
                agricultural waste; and'';
                    (B) by redesignating paragraphs (3) through (5) as 
                paragraphs (4) through (6), respectively; and
                    (C) by inserting after paragraph (2) the following:
            ``(3) Energy service provider.--The term `energy service 
        provider' means any business providing technology or services 
        to improve the energy efficiency, water efficiency, power 
        factor, or load management of a manufacturing site or other 
        industrial process in an energy-intensive industry, or any 
        utility operating under a utility energy service project.''.
            (3) Industrial research and assessment centers.--Section 
        452(e) of the Energy Independence and Security Act of 2007 (42 
        U.S.C. 17111(e)) is amended--
                    (A) by redesignating paragraphs (1) through (5) as 
                subparagraphs (A) through (E), respectively, and 
                indenting appropriately;
                    (B) by striking ``The Secretary'' and inserting the 
                following:
            ``(1) In general.--The Secretary'';
                    (C) in subparagraph (A) (as redesignated by 
                subparagraph (A)), by inserting before the semicolon at 
                the end the following: ``, including assessments of 
                sustainable manufacturing goals and the implementation 
                of information technology advancements for supply chain 
                analysis, logistics, system monitoring, industrial and 
                manufacturing processes, and other purposes''; and
                    (D) by adding at the end the following:
            ``(2) Coordination.--To increase the value and capabilities 
        of the industrial research and assessment centers, the centers 
        shall--
                    ``(A) coordinate with Manufacturing Extension 
                Partnership Centers of the National Institute of 
                Standards and Technology;
                    ``(B) coordinate with the Building Technologies 
                Program of the Department of Energy to provide building 
                assessment services to manufacturers;
                    ``(C) increase partnerships with the National 
                Laboratories of the Department of Energy to leverage 
                the expertise and technologies of the National 
                Laboratories for national industrial and manufacturing 
                needs;
                    ``(D) increase partnerships with energy service 
                providers and technology providers to leverage private 
                sector expertise and accelerate deployment of new and 
                existing technologies and processes for energy 
                efficiency, power factor, and load management;
                    ``(E) identify opportunities for reducing 
                greenhouse gas emissions; and
                    ``(F) promote sustainable manufacturing practices 
                for small- and medium-sized manufacturers.
            ``(3) Outreach.--The Secretary shall provide funding for--
                    ``(A) outreach activities by the industrial 
                research and assessment centers to inform small- and 
                medium-sized manufacturers of the information, 
                technologies, and services available; and
                    ``(B) coordination activities by each industrial 
                research and assessment center to leverage efforts 
                with--
                            ``(i) Federal and State efforts;
                            ``(ii) the efforts of utilities and energy 
                        service providers;
                            ``(iii) the efforts of regional energy 
                        efficiency organizations; and
                            ``(iv) the efforts of other industrial 
                        research and assessment centers.
            ``(4) Workforce training.--
                    ``(A) In general.--The Secretary shall pay the 
                Federal share of associated internship programs under 
                which students work with or for industries, 
                manufacturers, and energy service providers to 
                implement the recommendations of industrial research 
                and assessment centers.
                    ``(B) Federal share.--The Federal share of the cost 
                of carrying out internship programs described in 
                subparagraph (A) shall be 50 percent.
            ``(5) Small business loans.--The Administrator of the Small 
        Business Administration shall, to the maximum extent 
        practicable, expedite consideration of applications from 
        eligible small business concerns for loans under the Small 
        Business Act (15 U.S.C. 631 et seq.) to implement 
        recommendations of industrial research and assessment centers 
        established under paragraph (1).
            ``(6) Advanced manufacturing steering committee.--The 
        Secretary shall establish an advisory steering committee to 
        provide recommendations to the Secretary on planning and 
        implementation of the Advanced Manufacturing Office of the 
        Department of Energy.
            ``(7) Expansion of technical assistance.--The Secretary 
        shall expand the institution of higher education-based 
        industrial research and assessment centers, working across 
        Federal agencies as necessary--
                    ``(A) to provide comparable assessment services to 
                water and wastewater treatment facilities, including 
                systems that treat municipal, industrial, and 
                agricultural waste; and
                    ``(B) to equip the directors of the centers with 
                the training and tools necessary to provide technical 
                assistance on energy savings to the water and 
                wastewater treatment facilities.''.
    (c) Sustainable Manufacturing Initiative.--
            (1) In general.--Part E of title III of the Energy Policy 
        and Conservation Act (42 U.S.C. 6341) is amended by adding at 
        the end the following:

``SEC. 376. SUSTAINABLE MANUFACTURING INITIATIVE.

    ``(a) In General.--As part of the Office of Energy Efficiency and 
Renewable Energy, the Secretary, on the request of a manufacturer, 
shall conduct on-site technical assessments to identify opportunities 
for--
            ``(1) maximizing the energy efficiency of industrial 
        processes and cross-cutting systems;
            ``(2) preventing pollution and minimizing waste;
            ``(3) improving efficient use of water in manufacturing 
        processes;
            ``(4) conserving natural resources; and
            ``(5) achieving such other goals as the Secretary 
        determines to be appropriate.
    ``(b) Coordination.--The Secretary shall carry out the initiative 
in coordination with the private sector and appropriate agencies, 
including the National Institute of Standards and Technology, to 
accelerate adoption of new and existing technologies and processes that 
improve energy efficiency.
    ``(c) Research and Development Program for Sustainable 
Manufacturing and Industrial Technologies and Processes.--As part of 
the industrial efficiency programs of the Department of Energy, the 
Secretary shall carry out a joint industry-government partnership 
program to research, develop, and demonstrate new sustainable 
manufacturing and industrial technologies and processes that maximize 
the energy efficiency of industrial plants, reduce pollution, and 
conserve natural resources.''.
            (2) Table of contents.--The table of contents of the Energy 
        Policy and Conservation Act (42 U.S.C. prec. 6201) is amended 
        by adding at the end of the items relating to part E of title 
        III the following:

``Sec. 376. Sustainable manufacturing initiative.''.

SEC. 1202. LEVERAGING EXISTING FEDERAL AGENCY PROGRAMS TO ASSIST SMALL 
              AND MEDIUM MANUFACTURERS.

    (a) Definitions.--In this section and section 1203:
            (1) Energy management system.--The term ``energy management 
        system'' means a business management process based on standards 
        of the American National Standards Institute that enables an 
        organization to follow a systematic approach in achieving 
        continual improvement of energy performance, including energy 
        efficiency, security, use, and consumption.
            (2) Industrial assessment center.--The term ``industrial 
        assessment center'' means a center located at an institution of 
        higher education that--
                    (A) receives funding from the Department;
                    (B) provides an in-depth assessment of small- and 
                medium-size manufacturer plant sites to evaluate the 
                facilities, services, and manufacturing operations of 
                the plant site; and
                    (C) identifies opportunities for potential savings 
                for small- and medium-size manufacturer plant sites 
                from energy efficiency improvements, waste 
                minimization, pollution prevention, and productivity 
                improvement.
            (3) National laboratory.--The term ``National Laboratory'' 
        has the meaning given the term in section 2 of the Energy 
        Policy Act of 2005 (42 U.S.C. 15801).
            (4) Small and medium manufacturers.--The term ``small and 
        medium manufacturers'' means manufacturing firms--
                    (A) classified in the North American Industry 
                Classification System as any of sectors 31 through 33;
                    (B) with gross annual sales of less than 
                $100,000,000;
                    (C) with fewer than 500 employees at the plant 
                site; and
                    (D) with annual energy bills totaling more than 
                $100,000 and less than $2,500,000.
            (5) Smart manufacturing.--The term ``smart manufacturing'' 
        means advanced technologies in information, automation, 
        monitoring, computation, sensing, modeling, and networking 
        that--
                    (A) digitally--
                            (i) simulate manufacturing production 
                        lines;
                            (ii) operate computer-controlled 
                        manufacturing equipment;
                            (iii) monitor and communicate production 
                        line status; and
                            (iv) manage and optimize energy 
                        productivity and cost throughout production;
                    (B) model, simulate, and optimize the energy 
                efficiency of a factory building;
                    (C) monitor and optimize building energy 
                performance;
                    (D) model, simulate, and optimize the design of 
                energy efficient and sustainable products, including 
                the use of digital prototyping and additive 
                manufacturing to enhance product design;
                    (E) connect manufactured products in networks to 
                monitor and optimize the performance of the networks, 
                including automated network operations; and
                    (F) digitally connect the supply chain network.
    (b) Expansion of Technical Assistance Programs.--The Secretary 
shall expand the scope of technologies covered by the Industrial 
Assessment Centers of the Department--
            (1) to include smart manufacturing technologies and 
        practices; and
            (2) to equip the directors of the Industrial Assessment 
        Centers with the training and tools necessary to provide 
        technical assistance in smart manufacturing technologies and 
        practices, including energy management systems, to 
        manufacturers.
    (c) Funding.--The Secretary shall use unobligated funds of the 
Department to carry out this section.

SEC. 1203. LEVERAGING SMART MANUFACTURING INFRASTRUCTURE AT NATIONAL 
              LABORATORIES.

    (a) Study.--
            (1) In general.--Not later than 180 days after the date of 
        enactment of this Act, the Secretary shall conduct a study on 
        ways in which the Department can increase access to existing 
        high-performance computing resources in the National 
        Laboratories, particularly for small and medium manufacturers.
            (2) Inclusions.--In identifying ways to increase access to 
        National Laboratories under paragraph (1), the Secretary 
        shall--
                    (A) focus on increasing access to the computing 
                facilities of the National Laboratories; and
                    (B) ensure that--
                            (i) the information from the manufacturer 
                        is protected; and
                            (ii) the security of the National 
                        Laboratory facility is maintained.
            (3) Report.--Not later than 1 year after the date of 
        enactment of this Act, the Secretary shall submit to Congress a 
        report describing the results of the study.
    (b) Actions for Increased Access.--The Secretary shall facilitate 
access to the National Laboratories studied under subsection (a) for 
small and medium manufacturers so that small and medium manufacturers 
can fully use the high-performance computing resources of the National 
Laboratories to enhance the manufacturing competitiveness of the United 
States.

                          Subtitle D--Vehicles

SEC. 1301. SHORT TITLE.

    This subtitle may be cited as the ``Vehicle Innovation Act of 
2016''.

SEC. 1302. OBJECTIVES.

    The objectives of this subtitle are--
            (1) to establish a consistent and consolidated authority 
        for the vehicle technology program at the Department;
            (2) to develop United States technologies and practices 
        that--
                    (A) improve the fuel efficiency and emissions of 
                all vehicles produced in the United States; and
                    (B) reduce vehicle reliance on petroleum-based 
                fuels;
            (3) to support domestic research, development, engineering, 
        demonstration, and commercial application and manufacturing of 
        advanced vehicles, engines, and components;
            (4) to enable vehicles to move larger volumes of goods and 
        more passengers with less energy and emissions;
            (5) to develop cost-effective advanced technologies for 
        wide-scale utilization throughout the passenger, commercial, 
        government, and transit vehicle sectors;
            (6) to allow for greater consumer choice of vehicle 
        technologies and fuels;
            (7) shorten technology development and integration cycles 
        in the vehicle industry;
            (8) to ensure a proper balance and diversity of Federal 
        investment in vehicle technologies; and
            (9) to strengthen partnerships between Federal and State 
        governmental agencies and the private and academic sectors.

SEC. 1303. COORDINATION AND NONDUPLICATION.

    The Secretary shall ensure, to the maximum extent practicable, that 
the activities authorized by this subtitle do not duplicate those of 
other programs within the Department or other relevant research 
agencies.

SEC. 1304. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Secretary for 
research, development, engineering, demonstration, and commercial 
application of vehicles and related technologies in the United States, 
including activities authorized under this subtitle--
            (1) for fiscal year 2016, $313,567,000;
            (2) for fiscal year 2017, $326,109,000;
            (3) for fiscal year 2018, $339,154,000;
            (4) for fiscal year 2019, $352,720,000; and
            (5) for fiscal year 2020, $366,829,000.

SEC. 1305. REPORTING.

    (a) Technologies Developed.--Not later than 18 months after the 
date of enactment of this Act and annually thereafter through 2020, the 
Secretary shall submit to Congress a report regarding the technologies 
developed as a result of the activities authorized by this subtitle, 
with a particular emphasis on whether the technologies were 
successfully adopted for commercial applications, and if so, whether 
products relying on those technologies are manufactured in the United 
States.
    (b) Additional Matters.--At the end of each fiscal year through 
2020, the Secretary shall submit to the relevant Congressional 
committees of jurisdiction an annual report describing activities 
undertaken in the previous year under this Act, active industry 
participants, the status of public private partnerships, progress of 
the program in meeting goals and timelines, and a strategic plan for 
funding of activities across agencies.

                PART I--VEHICLE RESEARCH AND DEVELOPMENT

SEC. 1306. PROGRAM.

    (a) Activities.--The Secretary shall conduct a program of basic and 
applied research, development, engineering, demonstration, and 
commercial application activities on materials, technologies, and 
processes with the potential to substantially reduce or eliminate 
petroleum use and the emissions of the Nation's passenger and 
commercial vehicles, including activities in the areas of--
            (1) electrification of vehicle systems;
            (2) batteries, ultracapacitors, and other energy storage 
        devices;
            (3) power electronics;
            (4) vehicle, component, and subsystem manufacturing 
        technologies and processes;
            (5) engine efficiency and combustion optimization;
            (6) waste heat recovery;
            (7) transmission and drivetrains;
            (8) hydrogen vehicle technologies, including fuel cells and 
        internal combustion engines, and hydrogen infrastructure, 
        including hydrogen energy storage to enable renewables and 
        provide hydrogen for fuel and power;
            (9) natural gas vehicle technologies;
            (10) aerodynamics, rolling resistance (including tires and 
        wheel assemblies), and accessory power loads of vehicles and 
        associated equipment;
            (11) vehicle weight reduction, including lightweighting 
        materials and the development of manufacturing processes to 
        fabricate, assemble, and use dissimilar materials;
            (12) friction and wear reduction;
            (13) engine and component durability;
            (14) innovative propulsion systems;
            (15) advanced boosting systems;
            (16) hydraulic hybrid technologies;
            (17) engine compatibility with and optimization for a 
        variety of transportation fuels including natural gas and other 
        liquid and gaseous fuels;
            (18) predictive engineering, modeling, and simulation of 
        vehicle and transportation systems;
            (19) refueling and charging infrastructure for alternative 
        fueled and electric or plug-in electric hybrid vehicles, 
        including the unique challenges facing rural areas;
            (20) gaseous fuels storage systems and system integration 
        and optimization;
            (21) sensing, communications, and actuation technologies 
        for vehicle, electrical grid, and infrastructure;
            (22) efficient use, substitution, and recycling of 
        potentially critical materials in vehicles, including rare 
        earth elements and precious metals, at risk of supply 
        disruption;
            (23) aftertreatment technologies;
            (24) thermal management of battery systems;
            (25) retrofitting advanced vehicle technologies to existing 
        vehicles;
            (26) development of common standards, specifications, and 
        architectures for both transportation and stationary battery 
        applications;
            (27) advanced internal combustion engines;
            (28) mild hybrid;
            (29) engine down speeding;
            (30) vehicle-to-vehicle, vehicle-to-pedestrian, and 
        vehicle-to-infrastructure technologies; and
            (31) other research areas as determined by the Secretary.
    (b) Transformational Technology.--The Secretary shall ensure that 
the Department continues to support research, development, engineering, 
demonstration, and commercial application activities and maintains 
competency in mid- to long-term transformational vehicle technologies 
with potential to achieve reductions in emissions, including activities 
in the areas of--
            (1) hydrogen vehicle technologies, including fuel cells, 
        hydrogen storage, infrastructure, and activities in hydrogen 
        technology validation and safety codes and standards;
            (2) multiple battery chemistries and novel energy storage 
        devices, including nonchemical batteries and electromechanical 
        storage technologies such as hydraulics, flywheels, and 
        compressed air storage;
            (3) communication and connectivity among vehicles, 
        infrastructure, and the electrical grid; and
            (4) other innovative technologies research and development, 
        as determined by the Secretary.
    (c) Industry Participation.--To the maximum extent practicable, 
activities under this Act shall be carried out in partnership or 
collaboration with automotive manufacturers, heavy commercial, 
vocational, and transit vehicle manufacturers, qualified plug-in 
electric vehicle manufacturers, compressed natural gas vehicle 
manufacturers, vehicle and engine equipment and component 
manufacturers, manufacturing equipment manufacturers, advanced vehicle 
service providers, fuel producers and energy suppliers, electric 
utilities, universities, national laboratories, and independent 
research laboratories. In carrying out this Act the Secretary shall--
            (1) determine whether a wide range of companies that 
        manufacture or assemble vehicles or components in the United 
        States are represented in ongoing public private partnership 
        activities, including firms that have not traditionally 
        participated in federally sponsored research and development 
        activities, and where possible, partner with such firms that 
        conduct significant and relevant research and development 
        activities in the United States;
            (2) leverage the capabilities and resources of, and 
        formalize partnerships with, industry-led stakeholder 
        organizations, nonprofit organizations, industry consortia, and 
        trade associations with expertise in the research and 
        development of, and education and outreach activities in, 
        advanced automotive and commercial vehicle technologies;
            (3) develop more effective processes for transferring 
        research findings and technologies to industry;
            (4) support public-private partnerships, dedicated to 
        overcoming barriers in commercial application of 
        transformational vehicle technologies, that utilize such 
        industry-led technology development facilities of entities with 
        demonstrated expertise in successfully designing and 
        engineering pre-commercial generations of such transformational 
        technology; and
            (5) promote efforts to ensure that technology research, 
        development, engineering, and commercial application activities 
        funded under this Act are carried out in the United States.
    (d) Interagency and Intraagency Coordination.--To the maximum 
extent practicable, the Secretary shall coordinate research, 
development, demonstration, and commercial application activities 
among--
            (1) relevant programs within the Department, including--
                    (A) the Office of Energy Efficiency and Renewable 
                Energy;
                    (B) the Office of Science;
                    (C) the Office of Electricity Delivery and Energy 
                Reliability;
                    (D) the Office of Fossil Energy;
                    (E) the Advanced Research Projects Agency--Energy; 
                and
                    (F) other offices as determined by the Secretary; 
                and
            (2) relevant technology research and development programs 
        within other Federal agencies, as determined by the Secretary.
    (e) Federal Demonstration of Technologies.--The Secretary shall 
make information available to procurement programs of Federal agencies 
regarding the potential to demonstrate technologies resulting from 
activities funded through programs under this Act.
    (f) Intergovernmental Coordination.--The Secretary shall seek 
opportunities to leverage resources and support initiatives of State 
and local governments in developing and promoting advanced vehicle 
technologies, manufacturing, and infrastructure.
    (g) Criteria.--When awarding grants under this program, the 
Secretary shall give priority to those technologies (either 
individually or as part of a system) that--
            (1) provide the greatest aggregate fuel savings based on 
        the reasonable projected sales volumes of the technology; and
            (2) provide the greatest increase in United States 
        employment.
    (h) Secondary Use Applications.--
            (1) In general.--The Secretary shall carry out a research, 
        development, and demonstration program that--
                    (A) builds on any work carried out under section 
                915 of the Energy Policy Act of 2005 (42 U.S.C. 16195);
                    (B) identifies possible uses of a vehicle battery 
                after the useful life of the battery in a vehicle has 
                been exhausted;
                    (C) conducts long-term testing to verify 
                performance and degradation predictions and lifetime 
                valuations for secondary uses;
                    (D) evaluates innovative approaches to recycling 
                materials from plug-in electric drive vehicles and the 
                batteries used in plug-in electric drive vehicles;
                    (E)(i) assesses the potential for markets for uses 
                described in subparagraph (B) to develop; and
                    (ii) identifies any barriers to the development of 
                those markets; and
                    (F) identifies the potential uses of a vehicle 
                battery--
                            (i) with the most promise for market 
                        development; and
                            (ii) for which market development would be 
                        aided by a demonstration project.
            (2) Report.--Not later than 1 year after the date of 
        enactment of this Act, the Secretary shall submit to the 
        appropriate committees of Congress an initial report on the 
        findings of the program described in paragraph (1), including 
        recommendations for stationary energy storage and other 
        potential applications for batteries used in plug-in electric 
        drive vehicles.
            (3) Secondary use demonstration.--
                    (A) In general.--Based on the results of the 
                program described in paragraph (1), the Secretary shall 
                develop guidelines for projects that demonstrate the 
                secondary uses and innovative recycling of vehicle 
                batteries.
                    (B) Publication of guidelines.--Not later than 18 
                months after the date of enactment of this Act, the 
                Secretary shall--
                            (i) publish the guidelines described in 
                        subparagraph (A); and
                            (ii) solicit applications for funding for 
                        demonstration projects.
                    (C) Pilot demonstration program.--Not later than 21 
                months after the date of enactment of this Act, the 
                Secretary shall select proposals for grant funding 
                under this section, based on an assessment of which 
                proposals are mostly likely to contribute to the 
                development of a secondary market for batteries.

SEC. 1307. MANUFACTURING.

    The Secretary shall carry out a research, development, engineering, 
demonstration, and commercial application program of advanced vehicle 
manufacturing technologies and practices, including innovative 
processes--
            (1) to increase the production rate and decrease the cost 
        of advanced battery and fuel cell manufacturing;
            (2) to vary the capability of individual manufacturing 
        facilities to accommodate different battery chemistries and 
        configurations;
            (3) to reduce waste streams, emissions, and energy 
        intensity of vehicle, engine, advanced battery and component 
        manufacturing processes;
            (4) to recycle and remanufacture used batteries and other 
        vehicle components for reuse in vehicles or stationary 
        applications;
            (5) to develop manufacturing processes to effectively 
        fabricate, assemble, and produce cost-effective lightweight 
        materials such as advanced aluminum and other metal alloys, 
        polymeric composites, and carbon fiber for use in vehicles;
            (6) to produce lightweight high pressure storage systems 
        for gaseous fuels;
            (7) to design and manufacture purpose-built hydrogen fuel 
        cell vehicles and components;
            (8) to improve the calendar life and cycle life of advanced 
        batteries; and
            (9) to produce permanent magnets for advanced vehicles.

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

SEC. 1308. PROGRAM.

    The Secretary, in partnership with relevant research and 
development programs in other Federal agencies, and a range of 
appropriate industry stakeholders, shall carry out a program of 
cooperative research, development, demonstration, and commercial 
application activities on advanced technologies for medium- to heavy-
duty commercial, vocational, recreational, and transit vehicles, 
including activities in the areas of--
            (1) engine efficiency and combustion research;
            (2) onboard storage technologies for compressed and 
        liquefied natural gas;
            (3) development and integration of engine technologies 
        designed for natural gas operation of a variety of vehicle 
        platforms;
            (4) waste heat recovery and conversion;
            (5) improved aerodynamics and tire rolling resistance;
            (6) energy and space-efficient emissions control systems;
            (7) mild hybrid, heavy hybrid, hybrid hydraulic, plug-in 
        hybrid, and electric platforms, and energy storage 
        technologies;
            (8) drivetrain optimization;
            (9) friction and wear reduction;
            (10) engine idle and parasitic energy loss reduction;
            (11) electrification of accessory loads;
            (12) onboard sensing and communications technologies;
            (13) advanced lightweighting materials and vehicle designs;
            (14) increasing load capacity per vehicle;
            (15) thermal management of battery systems;
            (16) recharging infrastructure;
            (17) compressed natural gas infrastructure;
            (18) advanced internal combustion engines;
            (19) complete vehicle and power pack modeling, simulation, 
        and testing;
            (20) hydrogen vehicle technologies, including fuel cells 
        and internal combustion engines, and hydrogen infrastructure, 
        including hydrogen energy storage to enable renewables and 
        provide hydrogen for fuel and power;
            (21) retrofitting advanced technologies onto existing truck 
        fleets;
            (22) advanced boosting systems;
            (23) engine down speeding; and
            (24) integration of these and other advanced systems onto a 
        single truck and trailer platform.

SEC. 1309. CLASS 8 TRUCK AND TRAILER SYSTEMS DEMONSTRATION.

    (a) In General.--The Secretary shall conduct a competitive grant 
program to demonstrate the integration of multiple advanced 
technologies on Class 8 truck and trailer platforms, including a 
combination of technologies listed in section 1308.
    (b) Applicant Teams.--Applicant teams may be comprised of truck and 
trailer manufacturers, engine and component manufacturers, fleet 
customers, university researchers, and other applicants as appropriate 
for the development and demonstration of integrated Class 8 truck and 
trailer systems.

SEC. 1310. TECHNOLOGY TESTING AND METRICS.

    The Secretary, in coordination with the partners of the interagency 
research program described in section 1308--
            (1) shall develop standard testing procedures and 
        technologies for evaluating the performance of advanced heavy 
        vehicle technologies under a range of representative duty 
        cycles and operating conditions, including for heavy hybrid 
        propulsion systems;
            (2) shall evaluate heavy vehicle performance using work 
        performance-based metrics other than those based on miles per 
        gallon, including those based on units of volume and weight 
        transported for freight applications, and appropriate metrics 
        based on the work performed by nonroad systems; and
            (3) may construct heavy duty truck and bus testing 
        facilities.

SEC. 1311. NONROAD SYSTEMS PILOT PROGRAM.

    The Secretary shall undertake a pilot program of research, 
development, demonstration, and commercial applications of technologies 
to improve total machine or system efficiency for nonroad mobile 
equipment including agricultural, construction, air, and sea port 
equipment, and shall seek opportunities to transfer relevant research 
findings and technologies between the nonroad and on-highway equipment 
and vehicle sectors.

                        PART III--ADMINISTRATION

SEC. 1312. REPEAL OF EXISTING AUTHORITIES.

    (a) In General.--Sections 706, 711, 712, and 933 of the Energy 
Policy Act of 2005 (42 U.S.C. 16051, 16061, 16062, 16233) are repealed.
    (b) Energy Efficiency.--Section 911 of the Energy Policy Act of 
2005 (42 U.S.C. 16191) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1)(A), by striking ``vehicles, 
                buildings,'' and inserting ``buildings''; and
                    (B) in paragraph (2)--
                            (i) by striking subparagraph (A); and
                            (ii) by redesignating subparagraphs (B) 
                        through (E) as subparagraphs (A) through (D), 
                        respectively; and
            (2) in subsection (c)--
                    (A) by striking paragraph (3);
                    (B) by redesignating paragraph (4) as paragraph 
                (3); and
                    (C) in paragraph (3) (as so redesignated), by 
                striking ``(a)(2)(D)'' and inserting ``(a)(2)(C)''.

SEC. 1313. REAUTHORIZATION OF DIESEL EMISSIONS REDUCTION PROGRAM.

    Section 797(a) of the Energy Policy Act of 2005 (42 U.S.C. 
16137(a)) is amended by striking ``2016'' and inserting ``2021''.

SEC. 1314. GASEOUS FUEL DUAL FUELED AUTOMOBILES.

    Section 32905 of title 49, United States Code, is amended by 
striking subsection (d) and inserting the following:
    ``(d) Gaseous Fuel Dual Fueled Automobiles.--
            ``(1) Model years 1993 through 2016.--For any model of 
        gaseous fuel dual fueled automobile manufactured by a 
        manufacturer in model years 1993 through 2016, the 
        Administrator shall measure the fuel economy for that model by 
        dividing 1.0 by the sum of--
                    ``(A) .5 divided by the fuel economy measured under 
                section 32904(c) of this title when operating the model 
                on gasoline or diesel fuel; and
                    ``(B) .5 divided by the fuel economy measured under 
                subsection (c) of this section when operating the model 
                on gaseous fuel.
            ``(2) Subsequent model years.--For any model of gaseous 
        fuel dual fueled automobile manufactured by a manufacturer in 
        model year 2017 or any subsequent model year, the Administrator 
        shall calculate fuel economy in accordance with section 
        600.510-12 (c)(2)(vii) of title 40, Code of Federal Regulations 
        (as in effect on the date of enactment of this paragraph) if 
        the vehicle qualifies under section 32901(c).''.

                        Subtitle E--Short Title

SEC. 1401. SHORT TITLE.

    This title may be cited as the ``Portman-Shaheen Energy Efficiency 
Improvement Act of 2016''.

                          Subtitle F--Housing

SEC. 1501. DEFINITIONS.

    In this subtitle, the following definitions shall apply:
            (1) Covered loan.--The term ``covered loan'' means a loan 
        secured by a home that is insured by the Federal Housing 
        Administration under title II of the National Housing Act (12 
        U.S.C. 1707 et seq.).
            (2) Homeowner.--The term ``homeowner'' means the mortgagor 
        under a covered loan.
            (3) Mortgagee.--The term ``mortgagee'' means an original 
        lender under a covered loan or the holder of a covered loan at 
        the time at which that mortgage transaction is consummated.

SEC. 1502. ENHANCED ENERGY EFFICIENCY UNDERWRITING CRITERIA.

    (a) In General.--Not later than 1 year after the date of enactment 
of this Act, the Secretary of Housing and Urban Development shall, in 
consultation with the advisory group established in section 1505(c), 
develop and issue guidelines for the Federal Housing Administration to 
implement enhanced loan eligibility requirements, for use when testing 
the ability of a loan applicant to repay a covered loan, that account 
for the expected energy cost savings for a loan applicant at a subject 
property, in the manner set forth in subsections (b) and (c).
    (b) Requirements to Account for Energy Cost Savings.--
            (1) In general.--The enhanced loan eligibility requirements 
        under subsection (a) shall require that, for all covered loans 
        for which an energy efficiency report is voluntarily provided 
        to the mortgagee by the homeowner, the Federal Housing 
        Administration and the mortgagee shall take into consideration 
        the estimated energy cost savings expected for the owner of the 
        subject property in determining whether the loan applicant has 
        sufficient income to service the mortgage debt plus other 
        regular expenses.
            (2) Use as offset.--To the extent that the Federal Housing 
        Administration uses a test such as a debt-to-income test that 
        includes certain regular expenses, such as hazard insurance and 
        property taxes--
                    (A) the expected energy cost savings shall be 
                included as an offset to these expenses; and
                    (B) the Federal Housing Administration may not use 
                the offset described in subparagraph (A) to qualify a 
                loan applicant for insurance under title II of the 
                National Housing Act (12 U.S.C. 1707 et seq.) with 
                respect to a loan that would not otherwise meet the 
                requirements for such insurance.
            (3) Types of energy costs.--Energy costs to be assessed 
        under this subsection shall include the cost of electricity, 
        natural gas, oil, and any other fuel regularly used to supply 
        energy to the subject property.
    (c) Determination of Estimated Energy Cost Savings.--
            (1) In general.--The guidelines to be issued under 
        subsection (a) shall include instructions for the Federal 
        Housing Administration to calculate estimated energy cost 
        savings using--
                    (A) the energy efficiency report;
                    (B) an estimate of baseline average energy costs; 
                and
                    (C) additional sources of information as determined 
                by the Secretary of Housing and Urban Development.
            (2) Report requirements.--For the purposes of paragraph 
        (1), an energy efficiency report shall--
                    (A) estimate the expected energy cost savings 
                specific to the subject property, based on specific 
                information about the property;
                    (B) be prepared in accordance with the guidelines 
                to be issued under subsection (a); and
                    (C) be prepared--
                            (i) in accordance with the Residential 
                        Energy Service Network's Home Energy Rating 
                        System (commonly known as ``HERS'') by an 
                        individual certified by the Residential Energy 
                        Service Network, unless the Secretary of 
                        Housing and Urban Development finds that the 
                        use of HERS does not further the purposes of 
                        this subtitle;
                            (ii) in accordance with the Alaska Housing 
                        Finance Corporation energy rating system by an 
                        individual certified by the Alaska Housing 
                        Finance Corporation as an authorized Energy 
                        Rater; or
                            (iii) by other methods approved by the 
                        Secretary of Housing and Urban Development, in 
                        consultation with the Secretary and the 
                        advisory group established in section 1505(c), 
                        for use under this subtitle, which shall 
                        include a third-party quality assurance 
                        procedure.
            (3) Use by appraiser.--If an energy efficiency report is 
        used under subsection (b), the energy efficiency report shall 
        be provided to the appraiser to estimate the energy efficiency 
        of the subject property and for potential adjustments for 
        energy efficiency.
    (d) Pricing of Loans.--
            (1) In general.--The Federal Housing Administration may 
        price covered loans originated under the enhanced loan 
        eligibility requirements required under this section in 
        accordance with the estimated risk of the loans.
            (2) Imposition of certain material costs, impediments, or 
        penalties.--In the absence of a publicly disclosed analysis 
        that demonstrates significant additional default risk or 
        prepayment risk associated with the loans, the Federal Housing 
        Administration shall not impose material costs, impediments, or 
        penalties on covered loans merely because the loan uses an 
        energy efficiency report or the enhanced loan eligibility 
        requirements required under this section.
    (e) Limitations.--
            (1) In general.--The Federal Housing Administration may 
        price covered loans originated under the enhanced loan 
        eligibility requirements required under this section in 
        accordance with the estimated risk of those loans.
            (2) Prohibited actions.--The Federal Housing Administration 
        shall not--
                    (A) modify existing underwriting criteria or adopt 
                new underwriting criteria that intentionally negate or 
                reduce the impact of the requirements or resulting 
                benefits that are set forth or otherwise derived from 
                the enhanced loan eligibility requirements required 
                under this section; or
                    (B) impose greater buy back requirements, credit 
                overlays, or insurance requirements, including private 
                mortgage insurance, on covered loans merely because the 
                loan uses an energy efficiency report or the enhanced 
                loan eligibility requirements required under this 
                section.
    (f) Applicability and Implementation Date.--Not later than 3 years 
after the date of enactment of this Act, and before December 31, 2019, 
the enhanced loan eligibility requirements required under this section 
shall be implemented by the Federal Housing Administration to--
            (1) apply to any covered loan for the sale, or refinancing 
        of any loan for the sale, of any home;
            (2) be available on any residential real property 
        (including individual units of condominiums and cooperatives) 
        that qualifies for a covered loan; and
            (3) provide prospective mortgagees with sufficient guidance 
        and applicable tools to implement the required underwriting 
        methods.

SEC. 1503. ENHANCED ENERGY EFFICIENCY UNDERWRITING VALUATION 
              GUIDELINES.

    (a) In General.--Not later than 1 year after the date of enactment 
of this Act, the Secretary of Housing and Urban Development shall--
            (1) in consultation with the Federal Financial Institutions 
        Examination Council and the advisory group established in 
        section 1505(c), develop and issue guidelines for the Federal 
        Housing Administration to determine the maximum permitted loan 
        amount based on the value of the property for all covered loans 
        made on properties with an energy efficiency report that meets 
        the requirements of section 1502(c)(2); and
            (2) in consultation with the Secretary, issue guidelines 
        for the Federal Housing Administration to determine the 
        estimated energy savings under subsection (c) for properties 
        with an energy efficiency report.
    (b) Requirements.--The enhanced energy efficiency underwriting 
valuation guidelines required under subsection (a) shall include--
            (1) a requirement that if an energy efficiency report that 
        meets the requirements of section 1502(c)(2) is voluntarily 
        provided to the mortgagee, such report shall be used by the 
        mortgagee or the Federal Housing Administration to determine 
        the estimated energy savings of the subject property; and
            (2) a requirement that the estimated energy savings of the 
        subject property be added to the appraised value of the subject 
        property by a mortgagee or the Federal Housing Administration 
        for the purpose of determining the loan-to-value ratio of the 
        subject property, unless the appraisal includes the value of 
        the overall energy efficiency of the subject property, using 
        methods to be established under the guidelines issued under 
        subsection (a).
    (c) Determination of Estimated Energy Savings.--
            (1) Amount of energy savings.--The amount of estimated 
        energy savings shall be determined by calculating the 
        difference between the estimated energy costs for the average 
        comparable houses, as determined in guidelines to be issued 
        under subsection (a), and the estimated energy costs for the 
        subject property based upon the energy efficiency report.
            (2) Duration of energy savings.--The duration of the 
        estimated energy savings shall be based upon the estimated life 
        of the applicable equipment, consistent with the rating system 
        used to produce the energy efficiency report.
            (3) Present value of energy savings.--The present value of 
        the future savings shall be discounted using the average 
        interest rate on conventional 30-year mortgages, in the manner 
        directed by guidelines issued under subsection (a).
    (d) Ensuring Consideration of Energy Efficient Features.--Section 
1110 of the Financial Institutions Reform, Recovery, and Enforcement 
Act of 1989 (12 U.S.C. 3339) is amended--
            (1) in paragraph (2), by striking ``; and'' at the end;
            (2) in paragraph (3), by striking the period at the end and 
        inserting ``; and''; and
            (3) by inserting after paragraph (3) the following:
            ``(4) that State certified and licensed appraisers have 
        timely access, whenever practicable, to information from the 
        property owner and the lender that may be relevant in 
        developing an opinion of value regarding the energy-saving 
        improvements or features of a property, such as--
                    ``(A) labels or ratings of buildings;
                    ``(B) installed appliances, measures, systems or 
                technologies;
                    ``(C) blueprints;
                    ``(D) construction costs;
                    ``(E) financial or other incentives regarding 
                energy-efficient components and systems installed in a 
                property;
                    ``(F) utility bills;
                    ``(G) energy consumption and benchmarking data; and
                    ``(H) third-party verifications or representations 
                of energy and water efficiency performance of a 
                property, observing all financial privacy requirements 
                adhered to by certified and licensed appraisers, 
                including section 501 of the Gramm-Leach-Bliley Act (15 
                U.S.C. 6801).
        Unless a property owner consents to a lender, an appraiser, in 
        carrying out the requirements of paragraph (4), shall not have 
        access to the commercial or financial information of the owner 
        that is privileged or confidential.''.
    (e) Transactions Requiring State Certified Appraisers.--Section 
1113 of the Financial Institutions Reform, Recovery, and Enforcement 
Act of 1989 (12 U.S.C. 3342) is amended--
            (1) in paragraph (1), by inserting before the semicolon the 
        following: ``, or any real property on which the appraiser 
        makes adjustments using an energy efficiency report''; and
            (2) in paragraph (2), by inserting after before the period 
        at the end the following: ``, or an appraisal on which the 
        appraiser makes adjustments using an energy efficiency 
        report''.
    (f) Protections.--
            (1) Authority to impose limitations.--The guidelines to be 
        issued under subsection (a) shall include such limitations and 
        conditions as determined by the Secretary of Housing and Urban 
        Development to be necessary to protect against meaningful under 
        or over valuation of energy cost savings or duplicative 
        counting of energy efficiency features or energy cost savings 
        in the valuation of any subject property that is used to 
        determine a loan amount.
            (2) Additional authority.--At the end of the 7-year period 
        following the implementation of enhanced eligibility and 
        underwriting valuation requirements under this subtitle, the 
        Secretary of Housing and Urban Development may modify or apply 
        additional exceptions to the approach described in subsection 
        (b), where the Secretary of Housing and Urban Development finds 
        that the unadjusted appraisal will reflect an accurate market 
        value of the efficiency of the subject property or that a 
        modified approach will better reflect an accurate market value.
    (g) Applicability and Implementation Date.--Not later than 3 years 
after the date of enactment of this Act, and before December 31, 2019, 
the Federal Housing Administration shall implement the guidelines 
required under this section, which shall--
            (1) apply to any covered loan for the sale, or refinancing 
        of any loan for the sale, of any home; and
            (2) be available on any residential real property, 
        including individual units of condominiums and cooperatives, 
        that qualifies for a covered loan.

SEC. 1504. MONITORING.

    Not later than 1 year after the date on which the enhanced 
eligibility and underwriting valuation requirements are implemented 
under this subtitle, and every year thereafter, the Federal Housing 
Administration shall issue and make available to the public a report 
that--
            (1) enumerates the number of covered loans of the Federal 
        Housing Administration for which there was an energy efficiency 
        report, and that used energy efficiency appraisal guidelines 
        and enhanced loan eligibility requirements;
            (2) includes the default rates and rates of foreclosures 
        for each category of loans; and
            (3) describes the risk premium, if any, that the Federal 
        Housing Administration has priced into covered loans for which 
        there was an energy efficiency report.

SEC. 1505. RULEMAKING.

    (a) In General.--The Secretary of Housing and Urban Development 
shall prescribe regulations to carry out this subtitle, in consultation 
with the Secretary and the advisory group established in subsection 
(c), which may contain such classifications, differentiations, or other 
provisions, and may provide for such proper implementation and 
appropriate treatment of different types of transactions, as the 
Secretary of Housing and Urban Development determines are necessary or 
proper to effectuate the purposes of this subtitle, to prevent 
circumvention or evasion thereof, or to facilitate compliance 
therewith.
    (b) Rule of Construction.--Nothing in this subtitle shall be 
construed to authorize the Secretary of Housing and Urban Development 
to require any homeowner or other party to provide energy efficiency 
reports, energy efficiency labels, or other disclosures to the Federal 
Housing Administration or to a mortgagee.
    (c) Advisory Group.--To assist in carrying out this subtitle, the 
Secretary of Housing and Urban Development shall establish an advisory 
group, consisting of individuals representing the interests of--
            (1) mortgage lenders;
            (2) appraisers;
            (3) energy raters and residential energy consumption 
        experts;
            (4) energy efficiency organizations;
            (5) real estate agents;
            (6) home builders and remodelers;
            (7) consumer advocates;
            (8) State energy officials; and
            (9) others as determined by the Secretary of Housing and 
        Urban Development.

SEC. 1506. ADDITIONAL STUDY.

    (a) In General.--Not later than 18 months after the date of 
enactment of this Act, the Secretary of Housing and Urban Development 
shall reconvene the advisory group established in section 1505(c), in 
addition to water and locational efficiency experts, to advise the 
Secretary of Housing and Urban Development on the implementation of the 
enhanced energy efficiency underwriting criteria established in 
sections 1502 and 1503.
    (b) Recommendations.--The advisory group established in section 
1505(c) shall provide recommendations to the Secretary of Housing and 
Urban Development on any revisions or additions to the enhanced energy 
efficiency underwriting criteria deemed necessary by the group, which 
may include alternate methods to better account for home energy costs 
and additional factors to account for substantial and regular costs of 
homeownership such as location-based transportation costs and water 
costs. The Secretary of Housing and Urban Development shall forward any 
legislative recommendations from the advisory group to Congress for its 
consideration.

                        TITLE II--INFRASTRUCTURE

                       Subtitle A--Cybersecurity

SEC. 2001. CYBERSECURITY THREATS.

    Part II of the Federal Power Act (16 U.S.C. 824 et seq.) is amended 
by adding at the end the following:

``SEC. 224. CYBERSECURITY THREATS.

    ``(a) Definitions.--In this section:
            ``(1) Bulk-power system.--The term `bulk-power system' has 
        the meaning given the term in section 215.
            ``(2) Critical electric infrastructure.--The term `critical 
        electric infrastructure' means a system or asset of the bulk-
        power system, whether physical or virtual, the incapacity or 
        destruction of which would negatively affect national security, 
        economic security, public health or safety, or any combination 
        of those matters.
            ``(3) Critical electric infrastructure information.--
                    ``(A) In general.--The term `critical electric 
                infrastructure information' means information related 
                to critical electric infrastructure, or proposed 
                critical electric infrastructure, generated by or 
                provided to the Commission or other Federal agency, 
                other than classified national security information, 
                that is designated as critical electric infrastructure 
                information by the Commission under subsection (d)(2).
                    ``(B) Inclusions.--The term `critical electric 
                infrastructure information' includes information that 
                qualifies as critical energy infrastructure information 
                under regulations promulgated by the Commission.
            ``(4) Cybersecurity threat.--The term `cybersecurity 
        threat' means the imminent danger of an act that severely 
        disrupts, attempts to severely disrupt, or poses a significant 
        risk of severely disrupting the operation of programmable 
        electronic devices or communications networks (including 
        hardware, software, and data) essential to the reliable 
        operation of the bulk-power system.
            ``(5) Electric reliability organization.--The term 
        `Electric Reliability Organization' has the meaning given the 
        term in section 215.
            ``(6) Regional entity.--The term `regional entity' has the 
        meaning given the term in section 215.
            ``(7) Secretary.--The term `Secretary' means the Secretary 
        of Energy.
    ``(b) Emergency Authority of Secretary.--
            ``(1) In general.--If the President notifies the Secretary 
        that the President has made a determination that immediate 
        action is necessary to protect the bulk-power system from a 
        cybersecurity threat, the Secretary may require, by order and 
        with or without notice, any entity that is registered with the 
        Electric Reliability Organization as an owner, operator, or 
        user of the bulk-power system to take such actions as the 
        Secretary determines will best avert or mitigate the 
        cybersecurity threat.
            ``(2) Written explanation.--As soon as practicable after 
        notifying the Secretary under paragraph (1), the President 
        shall--
                    ``(A) provide to the Secretary, in writing, a 
                record of the determination and an explanation of the 
                reasons for the determination; and
                    ``(B) promptly notify, in writing, congressional 
                committees of relevant jurisdiction, including the 
                Committee on Energy and Commerce of the House of 
                Representatives and the Committee on Energy and Natural 
                Resources of the Senate, of the contents of, and 
                justification for, the directive or determination.
            ``(3) Coordination with canada and mexico.--In exercising 
        the authority pursuant to this subsection, the Secretary is 
        encouraged to consult and coordinate with the appropriate 
        officials in Canada and Mexico responsible for the protection 
        of cybersecurity of the interconnected North American 
        electricity grid.
            ``(4) Consultation.--Before exercising authority pursuant 
        to this subsection, to the maximum extent practicable, taking 
        into consideration the nature of an identified cybersecurity 
        threat and the urgency of need for action, the Secretary shall 
        consult regarding implementation of actions that will 
        effectively address the cybersecurity threat with--
                    ``(A) any entities potentially subject to the 
                cybersecurity threat that own, control, or operate 
                bulk-power system facilities;
                    ``(B) the Electric Reliability Organization;
                    ``(C) the Electricity Sub-sector Coordinating 
                Council (as established by the Electric Reliability 
                Organization); and
                    ``(D) officials of other Federal departments and 
                agencies, as appropriate.
            ``(5) Cost recovery.--
                    ``(A) In general.--The Commission shall adopt 
                regulations that permit entities subject to an order 
                under paragraph (1) to seek recovery of prudently 
                incurred costs required to implement actions ordered by 
                the Secretary under this subsection.
                    ``(B) Requirements.--Any rate or charge approved 
                under regulations adopted pursuant to this paragraph--
                            ``(i) shall be just and reasonable; and
                            ``(ii) shall not be unduly discriminatory 
                        or preferential.
    ``(c) Duration of Emergency Orders.--An order issued by the 
Secretary pursuant to subsection (b) shall remain in effect for not 
longer than the 30-day period beginning on the effective date of the 
order, unless, during that 30 day-period, the Secretary--
            ``(1) provides to interested persons an opportunity to 
        submit written data, recommendations, and arguments; and
            ``(2) affirms, amends, or repeals the order, subject to the 
        condition that an amended order shall not exceed a total 
        duration of 90 days.
    ``(d) Protection and Sharing of Critical Electric Infrastructure.--
            ``(1) Protection of critical electric infrastructure.--
        Critical electric infrastructure information--
                    ``(A) shall be exempt from disclosure under section 
                552(b)(3) of title 5, United States Code; and
                    ``(B) shall not be made available by any State, 
                political subdivision, or tribal authority pursuant to 
                any State, political subdivision, or tribal law 
                requiring disclosure of information or records.
            ``(2) Designation and sharing of critical electric 
        infrastructure information.--Not later than 1 year after the 
        date of enactment of this section, the Commission, in 
        consultation with the Secretary of Energy, shall promulgate 
        such regulations and issue such orders as necessary--
                    ``(A) to designate critical electric infrastructure 
                information;
                    ``(B) to prohibit the unauthorized disclosure of 
                critical electric infrastructure information; and
                    ``(C) to ensure there are appropriate sanctions in 
                place for Commissioners, officers, employees, or agents 
                of the Commission who knowingly and willfully disclose 
                critical electric infrastructure information in a 
                manner that is not authorized under this section;
            ``(3) Considerations.--In promulgating regulations and 
        issuing orders under paragraph (2), the Commission shall take 
        into consideration the role of State commissions in--
                    ``(A) reviewing the prudence and cost of 
                investments;
                    ``(B) determining the rates and terms of conditions 
                for electric services; and
                    ``(C) ensuring the safety and reliability of the 
                bulk-power system and distribution facilities within 
                the respective jurisdictions of the State commissions.
            ``(4) No required sharing of information.--Nothing in this 
        section requires a person or entity in possession of critical 
        electric infrastructure information to share the information 
        with Federal, State, political subdivision, or tribal 
        authorities, or any other person or entity.
            ``(5) Disclosure of noncritical electric infrastructure 
        information.--In carrying out this section, the Commission 
        shall segregate critical electric infrastructure information 
        within documents and electronic communications, wherever 
        feasible, to facilitate disclosure of information that is not 
        designated as critical electric infrastructure information.''.

SEC. 2002. ENHANCED GRID SECURITY.

    (a) Definitions.--In this section:
            (1) Electric utility.--The term ``electric utility'' has 
        the meaning given the term in section 3 of the Federal Power 
        Act (16 U.S.C. 796).
            (2) ES-ISAC.--The term ``ES-ISAC'' means the Electricity 
        Sector Information Sharing and Analysis Center.
            (3) National laboratory.--The term ``National Laboratory'' 
        has the meaning given the term in section 2 of the Energy 
        Policy Act of 2005 (42 U.S.C. 15801).
            (4) Sector-specific agency.--The term ``Sector-Specific 
        Agency'' has the meaning given the term in the Presidential 
        policy directive entitled ``Critical Infrastructure Security 
        and Resilience'', numbered 21, and dated February 12, 2013.
    (b) Sector-Specific Agency for Cybersecurity for the Energy 
Sector.--
            (1) In general.--The Department shall be the lead Sector-
        Specific Agency for cybersecurity for the energy sector.
            (2) Duties.--As the designated Sector-Specific Agency for 
        cybersecurity, the duties of the Department shall include--
                    (A) coordinating with the Department of Homeland 
                Security and other relevant Federal departments and 
                agencies;
                    (B) collaborating with--
                            (i) critical infrastructure owners and 
                        operators; and
                            (ii) as appropriate--
                                    (I) independent regulatory 
                                agencies; and
                                    (II) State, local, tribal and 
                                territorial entities;
                    (C) serving as a day-to-day Federal interface for 
                the dynamic prioritization and coordination of sector-
                specific activities;
                    (D) carrying out incident management 
                responsibilities consistent with applicable law 
                (including regulations) and other appropriate policies 
                or directives;
                    (E) providing, supporting, or facilitating 
                technical assistance and consultations for the energy 
                sector to identify vulnerabilities and help mitigate 
                incidents, as appropriate; and
                    (F) supporting the reporting requirements of the 
                Department of Homeland Security under applicable law by 
                providing, on an annual basis, sector-specific critical 
                infrastructure information.
    (c) Cybersecurity for the Energy Sector Research, Development, and 
Demonstration Program.--
            (1) In general.--The Secretary, in consultation with 
        appropriate Federal agencies, the energy sector, the States, 
        and other stakeholders, shall carry out a program--
                    (A) to develop advanced cybersecurity applications 
                and technologies for the energy sector--
                            (i) to identify and mitigate 
                        vulnerabilities, including--
                                    (I) dependencies on other critical 
                                infrastructure; and
                                    (II) impacts from weather and fuel 
                                supply; and
                            (ii) to advance the security of field 
                        devices and third-party control systems, 
                        including--
                                    (I) systems for generation, 
                                transmission, distribution, end use, 
                                and market functions;
                                    (II) specific electric grid 
                                elements including advanced metering, 
                                demand response, distributed 
                                generation, and electricity storage;
                                    (III) forensic analysis of infected 
                                systems; and
                                    (IV) secure communications;
                    (B) to leverage electric grid architecture as a 
                means to assess risks to the energy sector, including 
                by implementing an all-hazards approach to 
                communications infrastructure, control systems 
                architecture, and power systems architecture;
                    (C) to perform pilot demonstration projects with 
                the energy sector to gain experience with new 
                technologies; and
                    (D) to develop workforce development curricula for 
                energy sector-related cybersecurity.
            (2) Authorization of appropriations.--There is authorized 
        to be appropriated to carry out this subsection $65,000,000 for 
        each of fiscal years 2017 through 2025.
    (d) Energy Sector Component Testing for Cyberresilience Program.--
            (1) In general.--The Secretary shall carry out a program--
                    (A) to establish a cybertesting and mitigation 
                program to identify vulnerabilities of energy sector 
                supply chain products to known threats;
                    (B) to oversee third-party cybertesting; and
                    (C) to develop procurement guidelines for energy 
                sector supply chain components.
            (2) Authorization of appropriations.--There is authorized 
        to be appropriated to carry out this subsection $15,000,000 for 
        each of fiscal years 2017 through 2025.
    (e) Energy Sector Operational Support for Cyberresilience 
Program.--
            (1) In general.--The Secretary may carry out a program--
                    (A) to enhance and periodically test--
                            (i) the emergency response capabilities of 
                        the Department; and
                            (ii) the coordination of the Department 
                        with other agencies, the National Laboratories, 
                        and private industry;
                    (B) to expand cooperation of the Department with 
                the intelligence communities for energy sector-related 
                threat collection and analysis;
                    (C) to enhance the tools of the Department and ES-
                ISAC for monitoring the status of the energy sector;
                    (D) to expand industry participation in ES-ISAC; 
                and
                    (E) to provide technical assistance to small 
                electric utilities for purposes of assessing 
                cybermaturity level.
            (2) Authorization of appropriations.--There is authorized 
        to be appropriated to carry out this subsection $10,000,000 for 
        each of fiscal years 2017 through 2025.
    (f) Modeling and Assessing Energy Infrastructure Risk.--
            (1) In general.--The Secretary shall develop an advanced 
        energy security program to secure energy networks, including 
        electric, natural gas, and oil exploration, transmission, and 
        delivery.
            (2) Security and resiliency objective.--The objective of 
        the program developed under paragraph (1) is to increase the 
        functional preservation of the electric grid operations or 
        natural gas and oil operations in the face of natural and 
        human-made threats and hazards, including electric magnetic 
        pulse and geomagnetic disturbances.
            (3) Eligible activities.--In carrying out the program 
        developed under paragraph (1), the Secretary may--
                    (A) develop capabilities to identify 
                vulnerabilities and critical components that pose major 
                risks to grid security if destroyed or impaired;
                    (B) provide modeling at the national level to 
                predict impacts from natural or human-made events;
                    (C) develop a maturity model for physical security 
                and cybersecurity;
                    (D) conduct exercises and assessments to identify 
                and mitigate vulnerabilities to the electric grid, 
                including providing mitigation recommendations;
                    (E) conduct research hardening solutions for 
                critical components of the electric grid;
                    (F) conduct research mitigation and recovery 
                solutions for critical components of the electric grid; 
                and
                    (G) provide technical assistance to States and 
                other entities for standards and risk analysis.
            (4) Authorization of appropriations.--There is authorized 
        to be appropriated to carry out this subsection $10,000,000 for 
        each of fiscal years 2017 through 2025.
    (g) Leveraging Existing Programs.--The programs established under 
this section shall be carried out consistent with--
            (1) the report of the Department entitled ``Roadmap to 
        Achieve Energy Delivery Systems Cybersecurity'' and dated 2011;
            (2) existing programs of the Department; and
            (3) any associated strategic framework that links together 
        academic and National Laboratory researchers, electric 
        utilities, manufacturers, and any other relevant private 
        industry organizations, including the Electricity Sub-sector 
        Coordinating Council.
    (h) Study.--
            (1) In general.--Not later than 180 days after the date of 
        enactment of this Act, the Secretary, in consultation with the 
        Federal Energy Regulatory Commission and the North American 
        Electric Reliability Corporation, shall conduct a study to 
        explore alternative management structures and funding 
        mechanisms to expand industry membership and participation in 
        ES-ISAC.
            (2) Report.--The Secretary shall submit to the appropriate 
        committees of Congress a report describing the results of the 
        study conducted under paragraph (1).

                Subtitle B--Strategic Petroleum Reserve

SEC. 2101. STRATEGIC PETROLEUM RESERVE MODERNIZATION.

    (a) Reaffirmation of Policy.--Congress reaffirms the continuing 
strategic importance and need for the Strategic Petroleum Reserve as 
found and declared in section 151 of the Energy Policy and Conservation 
Act (42 U.S.C. 6231).
    (b) Spr Petroleum Account.--Section 167(b) of the Energy Policy and 
Conservation Act (42 U.S.C. 6247(b)) is amended to read as follows:
    ``(b) Obligation of Funds for the Acquisition, Transportation, and 
Injection of Petroleum Products Into SPR and for Other Purposes.--
            ``(1) Purposes.--Amounts in the Account may be obligated by 
        the Secretary of Energy for--
                    ``(A) the acquisition, transportation, and 
                injection of petroleum products into the Reserve;
                    ``(B) test sales of petroleum products from the 
                Reserve;
                    ``(C) the drawdown, sale, and delivery of petroleum 
                products from the Reserve;
                    ``(D) the construction, maintenance, repair, and 
                replacement of storage facilities and related 
                facilities; and
                    ``(E) carrying out non-Reserve projects needed to 
                enhance the energy security of the United States by 
                increasing the resilience, reliability, safety, and 
                security of energy supply, transmission, storage, or 
                distribution infrastructure.
            ``(2) Amounts.--Amounts in the Account may be obligated by 
        the Secretary of Energy for purposes of paragraph (1), in the 
        case of any fiscal year--
                    ``(A) subject to section 660 of the Department of 
                Energy Organization Act (42 U.S.C. 7270), in such 
                aggregate amounts as may be appropriated in advance in 
                appropriations Acts; and
                    ``(B) notwithstanding section 660 of the Department 
                of Energy Organization Act (42 U.S.C. 7270), in an 
                aggregate amount equal to the aggregate amount of the 
                receipts to the United States from the sale of 
                petroleum products in any drawdown and a distribution 
                of the Reserve under section 161, including--
                            ``(i) a drawdown and distribution carried 
                        out under subsection (g) of that section; or
                            ``(ii) from the sale of petroleum products 
                        under section 160(f).
            ``(3) Availability of funds.--Funds available to the 
        Secretary of Energy for obligation under this subsection may 
        remain available without fiscal year limitation.''.
    (c) Definition of Related Facility.--Section 152(8) of the Energy 
Policy and Conservation Act (42 U.S.C. 6232(8)) is amended by inserting 
``terminals,'' after ``reservoirs,''.

SEC. 2102. STRATEGIC PETROLEUM RESERVE DRAWDOWN AND SALE.

    Section 403 of the Bipartisan Budget Act of 2015 (Public Law 114-
74; 129 Stat. 589) is amended by adding at the end the following:
    ``(d) Increase; Limitation.--
            ``(1) Increase.--The Secretary of Energy may increase the 
        drawdown and sales under paragraphs (1) through (8) of 
        subsection (a) as the Secretary of Energy determines to be 
        appropriate to maximize the financial return to United States 
        taxpayers.
            ``(2) Limitation.--The Secretary of Energy shall not 
        drawdown or conduct sales of crude oil under this section after 
        the date on which a total of $5,050,000,000 has been deposited 
        in the general fund of the Treasury from sales authorized under 
        this section.''.

                           Subtitle C--Trade

SEC. 2201. ACTION ON APPLICATIONS TO EXPORT LIQUEFIED NATURAL GAS.

    (a) Decision Deadline.--For proposals that must also obtain 
authorization from the Federal Energy Regulatory Commission or the 
Maritime Administration to site, construct, expand, or operate 
liquefied natural gas export facilities, the Secretary shall issue a 
final decision on any application for the authorization to export 
natural gas under section 3(a) of the Natural Gas Act (15 U.S.C. 
717b(a)) not later than 45 days after the later of--
            (1) the conclusion of the review to site, construct, 
        expand, or operate the liquefied natural gas export facilities 
        required by the National Environmental Policy Act of 1969 (42 
        U.S.C. 4321 et seq.); or
            (2) the date of enactment of this Act.
    (b) Conclusion of Review.--For purposes of subsection (a), review 
required by the National Environmental Policy Act of 1969 (42 U.S.C. 
4321 et seq.) shall be considered concluded when the lead agency--
            (1) for a project requiring an Environmental Impact 
        Statement, publishes a Final Environmental Impact Statement;
            (2) for a project for which an Environmental Assessment has 
        been prepared, publishes a Finding of No Significant Impact; or
            (3) determines that an application is eligible for a 
        categorical exclusion pursuant to National Environmental Policy 
        Act of 1969 (42 U.S.C. 4321 et seq.) implementing regulations.
    (c) Judicial Review.--
            (1) In general.--Except for review in the Supreme Court, 
        the United States Court of Appeals for the District of Columbia 
        Circuit or the circuit in which the liquefied natural gas 
        export facility will be located pursuant to an application 
        described in subsection (a) shall have original and exclusive 
        jurisdiction over any civil action for the review of--
                    (A) an order issued by the Secretary with respect 
                to such application; or
                    (B) the failure of the Secretary to issue a final 
                decision on such application.
            (2) Order.--If the Court in a civil action described in 
        paragraph (1) finds that the Secretary has failed to issue a 
        final decision on the application as required under subsection 
        (a), the Court shall order the Secretary to issue the final 
        decision not later than 30 days after the order of the Court.
            (3) Expedited consideration.--The Court shall--
                    (A) set any civil action brought under this 
                subsection for expedited consideration; and
                    (B) set the matter on the docket as soon as 
                practicable after the filing date of the initial 
                pleading.
            (4) Transfers.--In the case of an application described in 
        subsection (a) for which a petition for review has been filed--
                    (A) upon motion by an applicant, the matter shall 
                be transferred to the United States Court of Appeals 
                for the District of Columbia Circuit or the circuit in 
                which a liquefied natural gas export facility will be 
                located pursuant to an application described in section 
                3(a) of the Natural Gas Act (15 U.S.C. 717b(a)); and
                    (B) the provisions of this section shall apply.

SEC. 2202. PUBLIC DISCLOSURE OF LIQUEFIED NATURAL GAS EXPORT 
              DESTINATIONS.

    Section 3 of the Natural Gas Act (15 U.S.C. 717b) is amended by 
adding at the end the following:
    ``(g) Public Disclosure of LNG Export Destinations.--
            ``(1) In general.--In the case of any authorization to 
        export liquefied natural gas, the Secretary of Energy shall 
        require the applicant to report to the Secretary of Energy the 
        names of the 1 or more countries of destination to which the 
        exported liquefied natural gas is delivered.
            ``(2) Timing.--The applicant shall file the report required 
        under paragraph (1) not later than--
                    ``(A) in the case of the first export, the last day 
                of the month following the month of the first export; 
                and
                    ``(B) in the case of subsequent exports, the date 
                that is 30 days after the last day of the applicable 
                month concerning the activity of the previous month.
            ``(3) Disclosure.--The Secretary of Energy shall publish 
        the information reported under this subsection on the website 
        of the Department of Energy and otherwise make the information 
        available to the public.''.

SEC. 2203. ENERGY DATA COLLABORATION.

    (a) In General.--The Administrator of the Energy Information 
Administration (referred to in this section as the ``Administrator'') 
shall collaborate with the appropriate officials in Canada and Mexico, 
as determined by the Administrator, to improve--
            (1) the quality and transparency of energy data in North 
        America through reconciliation of data on energy trade flows 
        among the United States, Canada, and Mexico;
            (2) the extension of energy mapping capabilities in the 
        United States, Canada, and Mexico; and
            (3) the development of common energy data terminology among 
        the United States, Canada, and Mexico.
    (b) Periodic Updates.--The Administrator shall periodically submit 
to the Committee on Energy and Natural Resources of the Senate and the 
Committee on Energy and Commerce of the House of Representatives an 
update on--
            (1) the extent to which energy data is being shared under 
        subsection (a); and
            (2) whether forward-looking projections for regional energy 
        flows are improving in accuracy as a result of the energy data 
        sharing under that subsection.

               Subtitle D--Electricity and Energy Storage

SEC. 2301. GRID STORAGE PROGRAM.

    (a) In General.--The Secretary shall conduct a program of research, 
development, and demonstration of electric grid energy storage that 
addresses the principal challenges identified in the 2013 Department of 
Energy Strategic Plan for Grid Energy Storage.
    (b) Areas of Focus.--The program under this section shall focus 
on--
            (1) materials, electric thermal, electromechanical, and 
        electrochemical systems research;
            (2) power conversion technologies research;
            (3) developing--
                    (A) empirical and science-based industry standards 
                to compare the storage capacity, cycle length and 
                capabilities, and reliability of different types of 
                electricity storage; and
                    (B) validation and testing techniques;
            (4) other fundamental and applied research critical to 
        widespread deployment of electricity storage;
            (5) device development that builds on results from research 
        described in paragraphs (1), (2), and (4), including 
        combinations of power electronics, advanced optimizing 
        controls, and energy storage as a general purpose element of 
        the electric grid;
            (6) grid-scale testing and analysis of storage devices, 
        including test-beds and field trials;
            (7) cost-benefit analyses that inform capital expenditure 
        planning for regulators and owners and operators of components 
        of the electric grid;
            (8) electricity storage device safety and reliability, 
        including potential failure modes, mitigation measures, and 
        operational guidelines;
            (9) standards for storage device performance, control 
        interface, grid interconnection, and interoperability; and
            (10) maintaining a public database of energy storage 
        projects, policies, codes, standards, and regulations.
    (c) Assistance to States.--The Secretary may provide technical and 
financial assistance to States, Indian tribes, or units of local 
government to participate in or use research, development, or 
deployment of technology developed under this section.
    (d) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary to carry out this section $50,000,000 for 
each of fiscal years 2017 through 2026.
    (e) No Effect on Other Provisions of Law.--Nothing in this subtitle 
or an amendment made by this subtitle authorizes regulatory actions 
that would duplicate or conflict with regulatory requirements, 
mandatory standards, or related processes under section 215 of the 
Federal Power Act (16 U.S.C. 824o).
    (f) Use of Funds.--To the maximum extent practicable, in carrying 
out this section, the Secretary shall ensure that the use of funds to 
carry out this section is coordinated among different offices within 
the Grid Modernization Initiative of the Department and other programs 
conducting energy storage research.

SEC. 2302. ELECTRIC SYSTEM GRID ARCHITECTURE, SCENARIO DEVELOPMENT, AND 
              MODELING.

    (a) Grid Architecture and Scenario Development.--
            (1) In general.--Subject to paragraph (2), the Secretary 
        shall establish and facilitate a collaborative process to 
        develop model grid architecture and a set of future scenarios 
        for the electric system to examine the impacts of different 
        combinations of resources (including different quantities of 
        distributed energy resources and large-scale, central 
        generation) on the electric grid.
            (2) Market structure.--The grid architecture and scenarios 
        developed under paragraph (1) shall account for differences in 
        market structure, including an examination of the potential for 
        stranded costs in each type of market structure.
            (3) Findings.--Based on the findings of grid architecture 
        developed under paragraph (1), the Secretary shall--
                    (A) determine whether any additional standards are 
                necessary to ensure the interoperability of grid 
                systems and associated communications networks; and
                    (B) if the Secretary makes a determination that 
                additional standards are necessary under subparagraph 
                (A), make recommendations for additional standards, 
                including, as may be appropriate, to the Electric 
                Reliability Organization under section 215 of the 
                Federal Power Act (16 U.S.C. 824o).
    (b) Modeling.--Subject to subsection (c), the Secretary shall--
            (1) conduct modeling based on the scenarios developed under 
        subsection (a); and
            (2) analyze and evaluate the technical and financial 
        impacts of the models to assist States, utilities, and other 
        stakeholders in--
                    (A) enhancing strategic planning efforts;
                    (B) avoiding stranded costs; and
                    (C) maximizing the cost-effectiveness of future 
                grid-related investments.
    (c) Input.--The Secretary shall develop the scenarios and conduct 
the modeling and analysis under subsections (a) and (b) with 
participation or input, as appropriate, from--
            (1) the National Laboratories;
            (2) States;
            (3) State regulatory authorities;
            (4) transmission organizations;
            (5) representatives of the electric industry;
            (6) academic institutions;
            (7) independent research institutes; and
            (8) other entities.

SEC. 2303. HYBRID MICRO-GRID SYSTEMS FOR ISOLATED AND RESILIENT 
              COMMUNITIES.

    (a) Definitions.--In this section:
            (1) Hybrid micro-grid system.--The term ``hybrid micro-grid 
        system'' means a stand-alone electrical system that--
                    (A) is comprised of conventional generation and at 
                least 1 alternative energy resource; and
                    (B) may use grid-scale energy storage.
            (2) Isolated community.--The term ``isolated community'' 
        means a community that is powered by a stand-alone electric 
        generation and distribution system without the economic and 
        reliability benefits of connection to a regional electric grid.
            (3) Micro-grid system.--The term ``micro-grid system'' 
        means a standalone electrical system that uses grid-scale 
        energy storage.
            (4) Strategy.--The term ``strategy'' means the strategy 
        developed pursuant to subsection (b)(2)(B).
    (b) Program.--
            (1) Establishment.--The Secretary shall establish a program 
        to promote the development of--
                    (A) hybrid micro-grid systems for isolated 
                communities; and
                    (B) micro-grid systems to increase the resilience 
                of critical infrastructure.
            (2) Phases.--The program established under paragraph (1) 
        shall be divided into the following phases:
                    (A) Phase I, which shall consist of the development 
                of a feasibility assessment for--
                            (i) hybrid micro-grid systems in isolated 
                        communities; and
                            (ii) micro-grid systems to enhance the 
                        resilience of critical infrastructure.
                    (B) Phase II, which shall consist of the 
                development of an implementation strategy, in 
                accordance with paragraph (3), to promote the 
                development of hybrid micro-grid systems for isolated 
                communities, particularly for those communities exposed 
                to extreme weather conditions and high energy costs, 
                including electricity, space heating and cooling, and 
                transportation.
                    (C) Phase III, which shall be carried out in 
                parallel with Phase II and consist of the development 
                of an implementation strategy to promote the 
                development of micro-grid systems that increase the 
                resilience of critical infrastructure.
                    (D) Phase IV, which shall consist of cost-shared 
                demonstration projects, based upon the strategies 
                developed under subparagraph (B) that include the 
                development of physical and cybersecurity plans to take 
                appropriate measures to protect and secure the electric 
                grid.
                    (E) Phase V, which shall establish a benefits 
                analysis plan to help inform regulators, policymakers, 
                and industry stakeholders about the affordability, 
                environmental and resilience benefits associated with 
                Phases II, III and IV.
            (3) Requirements for strategy.--In developing the strategy 
        under paragraph (2)(B), the Secretary shall consider--
                    (A) establishing future targets for the economic 
                displacement of conventional generation using hybrid 
                micro-grid systems, including displacement of 
                conventional generation used for electric power 
                generation, heating and cooling, and transportation;
                    (B) the potential for renewable resources, 
                including wind, solar, and hydropower, to be integrated 
                into a hybrid micro-grid system;
                    (C) opportunities for improving the efficiency of 
                existing hybrid micro-grid systems;
                    (D) the capacity of the local workforce to operate, 
                maintain, and repair a hybrid micro-grid system;
                    (E) opportunities to develop the capacity of the 
                local workforce to operate, maintain, and repair a 
                hybrid micro-grid system;
                    (F) leveraging existing capacity within local or 
                regional research organizations, such as organizations 
                based at institutions of higher education, to support 
                development of hybrid micro-grid systems, including by 
                testing novel components and systems prior to field 
                deployment;
                    (G) the need for basic infrastructure to develop, 
                deploy, and sustain a hybrid micro-grid system;
                    (H) input of traditional knowledge from local 
                leaders of isolated communities in the development of a 
                hybrid micro-grid system;
                    (I) the impact of hybrid micro-grid systems on 
                defense, homeland security, economic development, and 
                environmental interests;
                    (J) opportunities to leverage existing interagency 
                coordination efforts and recommendations for new 
                interagency coordination efforts to minimize 
                unnecessary overhead, mobilization, and other project 
                costs; and
                    (K) any other criteria the Secretary determines 
                appropriate.
    (c) Collaboration.--The program established under subsection (b)(1) 
shall be carried out in collaboration with relevant stakeholders, 
including, as appropriate--
            (1) States;
            (2) Indian tribes;
            (3) regional entities and regulators;
            (4) units of local government;
            (5) institutions of higher education; and
            (6) private sector entities.
    (d) Report.--Not later than 180 days after the date of enactment of 
this Act, and annually thereafter, the Secretary shall submit to the 
Committee on Energy and Natural Resources of the Senate and the 
Committee on Energy and Commerce of the House of Representatives a 
report on the efforts to implement the program established under 
subsection (b)(1) and the status of the strategy developed under 
subsection (b)(2)(B).

SEC. 2304. VOLUNTARY MODEL PATHWAYS.

    (a) Establishment of Voluntary Model Pathways.--
            (1) Establishment.--Not later than 90 days after the date 
        of enactment of this Act, the Secretary shall initiate the 
        development of voluntary model pathways for modernizing the 
        electric grid through a collaborative, public-private effort 
        that--
                    (A) produces illustrative policy pathways that can 
                be adapted for State and regional applications by 
                regulators and policymakers;
                    (B) facilitates the modernization of the electric 
                grid to achieve the objectives described in paragraph 
                (2);
                    (C) ensures a reliable, resilient, affordable, 
                safe, and secure electric system; and
                    (D) acknowledges and provides for different 
                priorities, electric systems, and rate structures 
                across States and regions.
            (2) Objectives.--The pathways established under paragraph 
        (1) shall facilitate achievement of the following objectives:
                    (A) Near real-time situational awareness of the 
                electric system.
                    (B) Data visualization.
                    (C) Advanced monitoring and control of the advanced 
                electric grid.
                    (D) Enhanced certainty for private investment in 
                the electric system.
                    (E) Increased innovation.
                    (F) Greater consumer empowerment.
                    (G) Enhanced grid resilience, reliability, and 
                robustness.
                    (H) Improved--
                            (i) integration of distributed energy 
                        resources;
                            (ii) interoperability of the electric 
                        system; and
                            (iii) predictive modeling and capacity 
                        forecasting.
            (3) Steering committee.--Not later than 90 days after the 
        date of enactment of this Act, the Secretary shall establish a 
        steering committee to facilitate the development of the 
        pathways under paragraph (1), to be composed of members 
        appointed by the Secretary, consisting of persons with 
        appropriate expertise representing a diverse range of interests 
        in the public, private, and academic sectors, including 
        representatives of--
                    (A) the Smart Grid Task Force; and
                    (B) the Smart Grid Advisory Committee.
    (b) Technical Assistance.--The Secretary may provide technical 
assistance to States, Indian tribes, or units of local government to 
adopt 1 or more elements of the pathways developed under subsection 
(a)(1).

SEC. 2305. PERFORMANCE METRICS FOR ELECTRICITY INFRASTRUCTURE 
              PROVIDERS.

    (a) In General.--Not later than 2 years after the date of enactment 
of this Act, the Secretary shall submit to the appropriate committees 
of Congress a report that includes--
            (1) an evaluation of the performance of the electric grid 
        as of the date of the report; and
            (2) a description of the quantified costs and benefits 
        associated with the changes evaluated under the scenarios 
        developed under section 2302.
    (b) Considerations for Development of Metrics.--In developing 
metrics for evaluating and quantifying the electric grid under 
subsection (a), the Secretary shall consider--
            (1) standard methodologies for calculating improvements or 
        deteriorations in the performance metrics, such as reliability, 
        grid efficiency, power quality, consumer satisfaction, 
        sustainability, and financial incentives;
            (2) standard methodologies for calculating value to 
        ratepayers, including broad economic and related impacts from 
        improvements to the performance metrics;
            (3) appropriate ownership and operating roles for electric 
        utilities that would enable improved performance through the 
        adoption of emerging, commercially available or advanced grid 
        technologies or solutions, including--
                    (A) multicustomer micro-grids;
                    (B) distributed energy resources;
                    (C) energy storage;
                    (D) electric vehicles;
                    (E) electric vehicle charging infrastructure;
                    (F) integrated information and communications 
                systems;
                    (G) transactive energy systems; and
                    (H) advanced demand management systems; and
            (4) with respect to States, the role of the grid operator 
        in enabling a robust future electric system to ensure that--
                    (A) electric utilities remain financially viable;
                    (B) electric utilities make the needed investments 
                that ensure a reliable, secure, and resilient grid; and
                    (C) costs incurred to transform to an integrated 
                grid are allocated and recovered responsibly, 
                efficiently, and equitably.

SEC. 2306. STATE AND REGIONAL ELECTRICITY DISTRIBUTION PLANNING.

    (a) In General.--Upon the request of a State or regional 
organization, the Secretary shall partner with States and regional 
organizations to facilitate the development of State and regional 
electricity distribution plans by--
            (1) conducting a resource assessment and analysis of future 
        demand and distribution requirements; and
            (2) developing open source tools for State and regional 
        planning and operations.
    (b) Risk and Security Analysis.--The assessment under subsection 
(a)(1) shall include--
            (1) the evaluation of the physical and cybersecurity needs 
        of an advanced distribution management system and the 
        integration of distributed energy resources; and
            (2) advanced use of grid architecture to analyze risks in 
        an all-hazards approach that includes communications 
        infrastructure, control systems architecture, and power systems 
        architecture.
    (c) Technical Assistance.--For the purpose of developing State and 
regional electricity distribution plans, the Secretary shall provide 
technical assistance to--
            (1) States;
            (2) regional reliability entities; and
            (3) other distribution asset owners and operators.

SEC. 2307. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated to the Secretary to carry 
out sections 2302 through 2307 $200,000,000 for each of fiscal years 
2017 through 2026.

SEC. 2308. ELECTRIC TRANSMISSION INFRASTRUCTURE PERMITTING.

    (a) Interagency Rapid Response Team for Transmission.--
            (1) Establishment.--There is established an interagency 
        rapid response team, to be known as the ``Interagency Rapid 
        Response Team for Transmission'' (referred to in this 
        subsection as the ``Team''), to expedite and improve the 
        permitting process for electric transmission infrastructure on 
        Federal land and non-Federal land.
            (2) Mission.--The mission of the Team shall be--
                    (A) to improve the timeliness and efficiency of 
                electric transmission infrastructure permitting; and
                    (B) to facilitate the performance of maintenance 
                and upgrades to electric transmission lines on Federal 
                land and non-Federal land.
            (3) Membership.--The Team shall be comprised of 
        representatives of--
                    (A) the Federal Energy Regulatory Commission;
                    (B) the Department;
                    (C) the Department of the Interior;
                    (D) the Department of Defense;
                    (E) the Department of Agriculture;
                    (F) the Council on Environmental Quality;
                    (G) the Department of Commerce;
                    (H) the Advisory Council on Historic Preservation; 
                and
                    (I) the Environmental Protection Agency.
            (4) Duties.--The Team shall--
                    (A) facilitate coordination and unified 
                environmental documentation among electric transmission 
                infrastructure project applicants, Federal agencies, 
                States, and Indian tribes involved in the siting and 
                permitting process;
                    (B) establish clear timelines for the review and 
                coordination of electric transmission infrastructure 
                projects by the applicable agencies;
                    (C) ensure that each electric transmission 
                infrastructure project is posted on the Federal 
                permitting transmission tracking system known as ``e-
                Trans'', including information on the status and 
                anticipated completion date of each project; and
                    (D) regularly notify all participating members of 
                the Team involved in any specific permit of--
                            (i) any outstanding agency action that is 
                        required with respect to the permit; and
                            (ii) any approval or required comment that 
                        has exceeded statutory or agency timelines for 
                        completion, including an identification of any 
                        Federal agency, department, or field office 
                        that has not met the applicable timeline.
            (5) Annual reports.--Annually, the Team shall submit to the 
        Committee on Energy and Natural Resources of the Senate and the 
        Committee on Energy and Commerce of the House of 
        Representatives a report that describes the average completion 
        time for specific categories of regionally and nationally 
        significant transmission projects, based on information 
        obtained from the applicable Federal agencies.
            (6) Use of data by omb.--Using data provided by the Team, 
        the Director of the Office of Management and Budget shall 
        prioritize inclusion of individual electric transmission 
        infrastructure projects on the website operated by the Office 
        of Management and Budget in accordance with section 1122 of 
        title 31, United States Code.
    (b) Transmission Ombudsperson.--
            (1) Establishment.--To enhance and ensure the reliability 
        of the electric grid, there is established within the Council 
        on Environmental Quality the position of Transmission 
        Ombudsperson (referred to in this subsection as the 
        ``Ombudsperson''), to provide a unified point of contact for--
                    (A) resolving interagency or intra-agency issues or 
                delays with respect to electric transmission 
                infrastructure permits; and
                    (B) receiving and resolving complaints from parties 
                with outstanding or in-process applications relating to 
                electric transmission infrastructure.
            (2) Duties.--The Ombudsperson shall--
                    (A) establish a process for--
                            (i) facilitating the permitting process for 
                        performance of maintenance and upgrades to 
                        electric transmission lines on Federal land and 
                        non-Federal land, with a special emphasis on 
                        facilitating access for immediate maintenance, 
                        repair, and vegetation management needs;
                            (ii) resolving complaints filed with the 
                        Ombudsperson with respect to in-process 
                        electric transmission infrastructure permits; 
                        and
                            (iii) issuing recommended resolutions to 
                        address the complaints filed with the 
                        Ombudsperson; and
                    (B) hear, compile, and share any complaints filed 
                with Ombudsperson relating to in-process electric 
                transmission infrastructure permits.
    (c) Agreements.--
            (1) In general.--The Secretary of the Interior, with 
        respect to public lands (as defined in section 103(e) of the 
        Federal Land Policy and Management Act (43 U.S.C. 1702(e)), and 
        the Secretary of Agriculture, with respect to National Forest 
        System land, shall provide for continuity of the existing use 
        and occupancy for the transmission of electric energy by any 
        Federal department or agency granted across public lands or 
        National Forest System land.
            (2) Agreements.--The Secretary of the Interior or the 
        Secretary of Agriculture, as applicable, within 30 days after 
        receiving a request from the Federal department or agency 
        administering the electric energy transmission facilities, 
        shall, in consultation with that department or agency, initiate 
        agreements regarding the use and occupancy or right-of-way 
        (including vegetation management agreements, where applicable).
    (d) Geomatic Data.--If a Federal or State department or agency 
considering an aspect of an application for Federal authorization 
requires the applicant to submit environmental data, the department or 
agency shall consider any such data gathered by geomatic techniques, 
including tools and techniques used in land surveying, remote sensing, 
cartography, geographic information systems, global navigation 
satellite systems, photogrammetry, geophysics, geography, or other 
remote means.

SEC. 2309. REPORT BY TRANSMISSION ORGANIZATIONS ON DISTRIBUTED ENERGY 
              RESOURCES AND MICRO-GRID SYSTEMS.

    (a) Definitions.--In this section:
            (1) Distributed energy resource.--The term ``distributed 
        energy resource'' means an electricity supply resource that, as 
        permitted by State law--
                    (A)(i) is interconnected to the electric system 
                operated by a transmission organization at or below 
                69kV; and
                    (ii) is subject to dispatch by the transmission 
                organization; and
                    (B)(i) generates electricity using any primary 
                energy source, including solar energy and other 
                renewable resources; or
                    (ii) stores energy and is capable of supplying 
                electricity to the electric system operated by the 
                transmission organization from the storage reservoir.
            (2) Electric generating capacity resource.--The term 
        ``electric generating capacity resource'' means an electric 
        generating resource, as measured by the maximum load-carrying 
        ability of the resource, exclusive of station use and planned, 
        unplanned, or other outage or derating, that is subject to 
        dispatch by a transmission organization to meet the resource 
        adequacy needs of the systems operated by the transmission 
        organization.
            (3) Micro-grid system.--The term ``micro-grid system'' 
        means an electrically distinct system under common control 
        that--
                    (A) serves an electric load at or below 69kV from a 
                distributed energy resource or electric generating 
                capacity resource; and
                    (B) is subject to dispatch by a transmission 
                organization.
            (4) Transmission organization.--The term ``transmission 
        organization'' has the meaning given the term in section 3 of 
        the Federal Power Act (16 U.S.C. 796).
    (b) Report.--
            (1) Notice.--Not later than 14 days after the date of 
        enactment of this section, the Commission shall submit to each 
        transmission organization notice that the transmission 
        organization is required to file with the Commission a report 
        in accordance with paragraph (2).
            (2) Report.--Not later than 180 days after the date on 
        which a transmission organization receives a notice under 
        paragraph (1), the transmission organization shall submit to 
        the Commission a report that--
                    (A)(i) identifies distributed energy resources and 
                micro-grid systems that are subject to dispatch by the 
                transmission organization as of the date of the report; 
                and
                    (ii) describes the fuel sources and operational 
                characteristics of such distributed energy resources 
                and micro-grid systems, including, to the extent 
                practicable, a discussion of the benefits and costs 
                associated with the distributed energy resources and 
                micro-grid systems identified under clause (i);
                    (B) evaluates, with due regard for operational and 
                economic benefits and costs, the potential for 
                distributed energy resources and micro-grid systems to 
                be deployed to the transmission organization over the 
                short- and long-term periods in the planning cycle of 
                the transmission organization; and
                    (C) identifies--
                            (i) over the short- and long-term periods 
                        in the planning cycle of the transmission 
                        organization, barriers to the deployment to the 
                        transmission organization of distributed energy 
                        resources and micro-grid systems; and
                            (ii) potential changes to the operational 
                        requirements for, or charges associated with, 
                        the interconnection of distributed energy 
                        resources and micro-grid systems to the 
                        transmission organization that would reduce the 
                        barriers identified under clause (i).

SEC. 2310. NET METERING STUDY GUIDANCE.

    Title XVIII of Energy Policy Act of 2005 (Public Law 109-58; 119 
Stat. 1122) is amended by adding at the end the following:

``SEC. 1841. NET ENERGY METERING STUDY.

    ``(a) In General.--Not later than 180 days after the date of 
enactment of this Act, the Secretary shall--
            ``(1) issue guidance on criteria required to be included in 
        studies of net metering conducted by the Department; and
            ``(2) undertake a study of net energy metering.
    ``(b) Requirements and Contents.--The model guidance issued under 
subsection (a) shall clarify without prejudice to other study criteria 
that any study of net energy metering, including the study conducted by 
the Department under subsection (a) shall--
            ``(1) be publicly available; and
            ``(2) assess benefits and costs of net energy metering, 
        including--
                    ``(A) load data, including hourly profiles;
                    ``(B) distributed generation production data;
                    ``(C) best available technology, including inverter 
                capability; and
                    ``(D) benefits and costs of distributed energy 
                deployment, including--
                            ``(i) environmental benefits;
                            ``(ii) changes in electric system 
                        reliability;
                            ``(iii) changes in peak power requirements;
                            ``(iv) provision of ancillary services, 
                        including reactive power;
                            ``(v) changes in power quality;
                            ``(vi) changes in land-use effects;
                            ``(vii) changes in right-of-way acquisition 
                        costs;
                            ``(viii) changes in vulnerability to 
                        terrorism; and
                            ``(ix) changes in infrastructure 
                        resilience.''.

SEC. 2312. MODEL GUIDANCE FOR COMBINED HEAT AND POWER SYSTEMS AND WASTE 
              HEAT TO POWER SYSTEMS.

    (a) Definitions.--In this section:
            (1) Additional services.--The term ``additional services'' 
        means the provision of supplementary power, backup or standby 
        power, maintenance power, or interruptible power to an electric 
        consumer by an electric utility.
            (2) Waste heat to power system.--
                    (A) In general.--The term ``waste heat to power 
                system'' means a system that generates electricity 
                through the recovery of waste energy.
                    (B) Exclusion.--The term ``waste heat to power 
                system'' does not include a system that generates 
                electricity through the recovery of a heat resource 
                from a process the primary purpose of which is the 
                generation of electricity using a fossil fuel.
            (3) Other terms.--
                    (A) PURPA.--The terms ``electric consumer'', 
                ``electric utility'', ``interconnection service'', 
                ``nonregulated electric utility'', and ``State 
                regulatory authority'' have the meanings given those 
                terms in the Public Utility Regulatory Policies Act of 
                1978 (16 U.S.C. 2601 et seq.), within the meaning of 
                title I of that Act (16 U.S.C. 2611 et seq.).
                    (B) EPCA.--The terms ``combined heat and power 
                system'' and ``waste energy'' have the meanings given 
                those terms in section 371 of the Energy Policy and 
                Conservation Act (42 U.S.C. 6341).
    (b) Review.--
            (1) In general.--Not later than 180 days after the date of 
        enactment of this Act, the Secretary, in consultation with the 
        Federal Energy Regulatory Commission and other appropriate 
        entities, shall review existing rules and procedures relating 
        to interconnection service and additional services throughout 
        the United States for electric generation with nameplate 
        capacity up to 20 megawatts to identify barriers to the 
        deployment of combined heat and power systems and waste heat to 
        power systems.
            (2) Inclusion.--The review under this subsection shall 
        include a review of existing rules and procedures relating to--
                    (A) determining and assigning costs of 
                interconnection service and additional services; and
                    (B) ensuring adequate cost recovery by an electric 
                utility for interconnection service and additional 
                services.
    (c) Model Guidance.--
            (1) In general.--Not later than 18 months after the date of 
        enactment of this Act, the Secretary, in consultation with the 
        Federal Energy Regulatory Commission and other appropriate 
        entities, shall issue model guidance for interconnection 
        service and additional services for use by State regulatory 
        authorities and nonregulated electric utilities to reduce the 
        barriers identified under subsection (b)(1).
            (2) Current best practices.--The model guidance issued 
        under this subsection shall reflect, to the maximum extent 
        practicable, current best practices to encourage the deployment 
        of combined heat and power systems and waste heat to power 
        systems while ensuring the safety and reliability of the 
        interconnected units and the distribution and transmission 
        networks to which the units connect, including--
                    (A) relevant current standards developed by the 
                Institute of Electrical and Electronic Engineers; and
                    (B) model codes and rules adopted by--
                            (i) States; or
                            (ii) associations of State regulatory 
                        agencies.
            (3) Factors for consideration.--In establishing the model 
        guidance under this subsection, the Secretary shall take into 
        consideration--
                    (A) the appropriateness of using standards or 
                procedures for interconnection service that vary based 
                on unit size, fuel type, or other relevant 
                characteristics;
                    (B) the appropriateness of establishing fast-track 
                procedures for interconnection service;
                    (C) the value of consistency with Federal 
                interconnection rules established by the Federal Energy 
                Regulatory Commission as of the date of enactment of 
                this Act;
                    (D) the best practices used to model outage 
                assumptions and contingencies to determine fees or 
                rates for additional services;
                    (E) the appropriate duration, magnitude, or usage 
                of demand charge ratchets;
                    (F) potential alternative arrangements with respect 
                to the procurement of additional services, including--
                            (i) contracts tailored to individual 
                        electric consumers for additional services;
                            (ii) procurement of additional services by 
                        an electric utility from a competitive market; 
                        and
                            (iii) waivers of fees or rates for 
                        additional services for small electric 
                        consumers; and
                    (G) outcomes such as increased electric 
                reliability, fuel diversification, enhanced power 
                quality, and reduced electric losses that may result 
                from increased use of combined heat and power systems 
                and waste heat to power systems.

                         Subtitle E--Computing

SEC. 2401. EXASCALE COMPUTER RESEARCH PROGRAM.

    (a) Renaming of Act.--
            (1) In general.--Section 1 of the Department of Energy 
        High-End Computing Revitalization Act of 2004 (15 U.S.C. 5501 
        note; Public Law 108-423) is amended by striking ``Department 
        of Energy High-End Computing Revitalization Act of 2004'' and 
        inserting ``Exascale Computing Act of 2016''.
            (2) Conforming amendment.--Section 976(a)(1) of the Energy 
        Policy Act of 2005 (42 U.S.C. 16316(1)) is amended by striking 
        ``Department of Energy High-End Computing Revitalization Act of 
        2004'' and inserting ``Exascale Computing Act of 2016''.
    (b) Definitions.--Section 2 of the Exascale Computing Act of 2016 
(15 U.S.C. 5541) is amended--
            (1) by redesignating paragraphs (2) through (5) as 
        paragraphs (3) through (6), respectively;
            (2) by striking paragraph (1) and inserting the following:
            ``(1) Department.--The term `Department' means the 
        Department of Energy.
            ``(2) Exascale computing.--The term `exascale computing' 
        means computing through the use of a computing machine that 
        performs near or above 10 to the 18th power floating point 
        operations per second.''; and
            (3) in paragraph (6) (as redesignated by paragraph (1)), by 
        striking ``, acting through the Director of the Office of 
        Science of the Department of Energy''.
    (c) Department of Energy High-End Computing Research and 
Development Program.--Section 3 of the Exascale Computing Act of 2016 
(15 U.S.C. 5542) is amended--
            (1) in subsection (a)(1), by striking ``program'' and 
        inserting ``coordinated program across the Department'';
            (2) in subsection (b)(2), by striking ``, which may'' and 
        all that follows through ``architectures''; and
            (3) by striking subsection (d) and inserting the following:
    ``(d) Exascale Computing Program.--
            ``(1) In general.--The Secretary shall conduct a research 
        program (referred to in this subsection as the `Program') to 
        develop 2 or more exascale computing machine architectures to 
        promote the missions of the Department.
            ``(2) Implementation.--
                    ``(A) In general.--In carrying out the Program, the 
                Secretary shall--
                            ``(i) establish 2 or more National 
                        Laboratory partnerships with industry partners 
                        and institutions of higher education for the 
                        research and development of 2 or more exascale 
                        computing architectures across all applicable 
                        organizations of the Department; and
                            ``(ii) provide, as appropriate, on a 
                        competitive, merit-reviewed basis, access for 
                        researchers in industries in the United States, 
                        institutions of higher education, National 
                        Laboratories, and other Federal agencies to the 
                        exascale computing systems developed pursuant 
                        to clause (i).
                    ``(B) Selection of partners.--The Secretary shall 
                select members for the partnerships with the computing 
                facilities of the Department under subparagraph (A) 
                through a competitive, peer-review process.
            ``(3) Codesign and application development.--
                    ``(A) In general.--The Secretary shall carry out 
                the Program through an integration of applications, 
                computer science, applied mathematics, and computer 
                hardware architecture using the partnerships 
                established pursuant to paragraph (2) to ensure that, 
                to the maximum extent practicable, 2 or more exascale 
                computing machine architectures are capable of solving 
                Department target applications and broader scientific 
                problems.
                    ``(B) Report.--The Secretary shall submit to 
                Congress a report on how the integration under 
                subparagraph (A) is furthering application science data 
                and computational workloads across application 
                interests, including national security, material 
                science, physical science, cybersecurity, biological 
                science, the Materials Genome and BRAIN Initiatives of 
                the President, advanced manufacturing, and the national 
                electric grid.
            ``(4) Project review.--
                    ``(A) In general.--The exascale architectures 
                developed pursuant to partnerships established pursuant 
                to paragraph (2) shall be reviewed through a project 
                review process.
                    ``(B) Report.--Not later than 90 days after the 
                date of enactment of this subsection, the Secretary 
                shall submit to Congress a report on--
                            ``(i) the results of the review conducted 
                        under subparagraph (A); and
                            ``(ii) the coordination and management of 
                        the Program to ensure an integrated research 
                        program across the Department.
            ``(5) Annual reports.--At the time of the budget submission 
        of the Department for each fiscal year, the Secretary, in 
        consultation with the members of the partnerships established 
        pursuant to paragraph (2), shall submit to Congress a report 
        that describes funding for the Program as a whole by functional 
        element of the Department and critical milestones.''.
    (d) Authorization of Appropriations.--Section 4 of the Exascale 
Computing Act of 2016 (15 U.S.C. 5543) is amended--
            (1) by striking ``this Act'' and inserting ``section 
        3(d)''; and
            (2) by striking paragraphs (1) through (3) and inserting 
        the following:
            ``(1) $272,000,000 for fiscal year 2016;
            ``(2) $340,000,000 for fiscal year 2017; and
            ``(3) $360,000,000 for fiscal year 2018.''.

                           TITLE III--SUPPLY

                         Subtitle A--Renewables

                         PART I--HYDROELECTRIC

SEC. 3001. HYDROPOWER REGULATORY IMPROVEMENTS.

    (a) Sense of Congress on the Use of Hydropower Renewable 
Resources.--It is the sense of Congress that--
            (1) hydropower is a renewable resource for purposes of all 
        Federal programs and is an essential source of energy in the 
        United States; and
            (2) the United States should increase substantially the 
        capacity and generation of clean, renewable hydropower 
        resources that would improve environmental quality in the 
        United States.
    (b) Modifying the Definition of Renewable Energy To Include 
Hydropower.--Section 203 of the Energy Policy Act of 2005 (42 U.S.C. 
15852) is amended--
            (1) in subsection (a), by striking ``the following 
        amounts'' and all that follows through paragraph (3) and 
        inserting ``not less than 15 percent in fiscal year 2016 and 
        each fiscal year thereafter shall be renewable energy.'' ; and
            (2) in subsection (b), by striking paragraph (2) and 
        inserting the following:
            ``(2) Renewable energy.--The term `renewable energy' means 
        energy produced from solar, wind, biomass, landfill gas, ocean 
        (including tidal, wave, current, and thermal), geothermal, 
        municipal solid waste, or hydropower.''.
    (c) Licenses for Construction.--Section 4(e) of the Federal Power 
Act (16 U.S.C. 797(e)) is amended, in the first proviso, by striking 
``deem'' and inserting ``determine to be''.
    (d) Preliminary Permits.--Section 5 of the Federal Power Act (16 
U.S.C. 798) is amended--
            (1) in subsection (a), by striking ``three'' and inserting 
        ``4''; and
            (2) in subsection (b)--
                    (A) by striking ``Commission may extend the period 
                of a preliminary permit once for not more than 2 
                additional years beyond the 3 years'' and inserting the 
                following: ``Commission may--
            ``(1) extend the period of a preliminary permit once for 
        not more than 4 additional years beyond the 4 years'';
                    (B) by striking the period at the end and inserting 
                ``; and''; and
                    (C) by adding at the end the following:
            ``(2) after the end of an extension period granted under 
        paragraph (1), issue an additional permit to the permittee if 
        the Commission determines that there are extraordinary 
        circumstances that warrant the issuance of the additional 
        permit.''.
    (e) Time Limit for Construction of Project Works.--Section 13 of 
the Federal Power Act (16 U.S.C. 806) is amended in the second sentence 
by striking ``once but not longer than two additional years'' and 
inserting ``for not more than 8 additional years,''.
    (f) License Term.--Section 15(e) of the Federal Power Act (16 
U.S.C. 808(e)) is amended--
            (1) by striking ``(e) Except'' and inserting the following:
    ``(e) License Term on Relicensing.--
            ``(1) In general.--Except''; and
            (2) by adding at the end the following:
            ``(2) Consideration.--In determining the term of a license 
        under paragraph (1), the Commission shall consider project-
        related investments by the licensee over the term of the 
        existing license (including any terms under annual licenses) 
        that resulted in new development, construction, capacity, 
        efficiency improvements, or environmental measures, but which 
        did not result in the extension of the term of the license by 
        the Commission.''.
    (g) Operation of Navigation Facilities.--Section 18 of the Federal 
Power Act (16 U.S.C. 811) is amended by striking the second, third, and 
fourth sentences.
    (h) Alternative Conditions and Prescriptions.--Section 33 of the 
Federal Power Act (16 U.S.C. 823d) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1), by striking ``deems'' and 
                inserting ``determines'';
                    (B) in paragraph (2)(B), in the matter preceding 
                clause (i), by inserting ``determined to be necessary'' 
                before ``by the Secretary'';
                    (C) by striking paragraph (4); and
                    (D) by striking paragraph (5);
            (2) in subsection (b)--
                    (A) by striking paragraph (4); and
                    (B) by striking paragraph (5); and
            (3) by adding at the end the following:
    ``(c) Further Conditions.--This section applies to any further 
conditions or prescriptions proposed or imposed pursuant to section 
4(e), 6, or 18.''.
    (i) Licensing Process Improvements and Coordination.--Part I of the 
Federal Power Act (16 U.S.C. 792 et seq.) is amended by adding at the 
end the following:

``SEC. 34. LICENSING PROCESS IMPROVEMENTS.

    ``(a) License Studies.--
            ``(1) In general.--To facilitate the timely and efficient 
        completion of the license proceedings under this part, the 
        Commission shall--
                    ``(A) conduct an investigation of best practices in 
                performing licensing studies, including methodologies 
                and the design of studies to assess the full range of 
                environmental impacts of a project;
                    ``(B) compile a comprehensive collection of studies 
                and data accessible to the public that could be used to 
                inform license proceedings under this paragraph; and
                    ``(C) encourage license applicants and cooperating 
                agencies to develop and use, for the purpose of 
                fostering timely and efficient consideration of license 
                applications, a limited number of open-source 
                methodologies and tools applicable across a wide array 
                of projects, including water balance models and 
                streamflow analyses.
            ``(2) Use of existing studies.--To the maximum extent 
        practicable, the Commission shall use existing studies and data 
        in individual licensing proceedings under this part in 
        accordance with paragraph (1).
            ``(3) Nonduplication requirement.--To the maximum extent 
        practicable, the Commission shall ensure that studies and data 
        required for any Federal authorization (as defined in section 
        35(a)) applicable to a particular project or facility are not 
        duplicated in other licensing proceedings under this part.
            ``(4) Biological opinions.--To the maximum extent 
        practicable, the Secretary of Commerce shall ensure that 
        relevant offices within the National Marine Fisheries Service 
        prepare any biological opinion under section 7 of the 
        Endangered Species Act of 1973 (16 U.S.C. 1536) that forms the 
        basis for a prescription under section 18 on a concurrent 
        rather than sequential basis.
            ``(5) Water quality certification deadline.--
                    ``(A) In general.--For purposes of issuing a 
                license under this part, the deadline for a certifying 
                agency to act under section 401(a) of the Federal Water 
                Pollution Control Act (33 U.S.C. 1341(a)) shall take 
                effect only on the submission of a request for 
                certification determined to be complete by the 
                certifying agency.
                    ``(B) Notice of complete request.--The certifying 
                agency shall inform the Commission when a request for 
                certification is determined to be complete.

``SEC. 35. LICENSING PROCESS COORDINATION.

    ``(a) Definition of Federal Authorization.--In this section, the 
term `Federal authorization' means any authorization required under 
Federal law (including any license, permit, special use authorization, 
certification, opinion, consultation, determination, or other approval) 
with respect to--
            ``(1) a project licensed under section 4 or 15; or
            ``(2) a facility exempted under--
                    ``(A) section 30; or
                    ``(B) section 405(d) of the Public Utility 
                Regulatory Policies Act of 1978 (16 U.S.C. 2705(d)).
    ``(b) Designation as Lead Agency.--
            ``(1) In general.--The Commission shall act as the lead 
        agency for the purposes of coordinating all applicable Federal 
        authorizations.
            ``(2) Other agencies.--Each Federal and State agency 
        considering an aspect of an application for Federal 
        authorization shall cooperate with the Commission.
    ``(c) Schedule.--
            ``(1) Timing for issuance.--It is the sense of Congress 
        that all Federal authorizations required for a project or 
        facility, including a license or exemption order of the 
        Commission, should be issued by the date that is 3 years after 
        the date on which an application is considered to be complete 
        by the Commission.
            ``(2) Commission schedule.--
                    ``(A) In general.--The Commission shall establish a 
                schedule for the issuance of all Federal 
                authorizations.
                    ``(B) Requirements.--In establishing the schedule 
                under subparagraph (A), the Commission shall--
                            ``(i) consult and cooperate with the 
                        Federal and State agencies responsible for a 
                        Federal authorization;
                            ``(ii) ensure the expeditious completion of 
                        all proceedings relating to a Federal 
                        authorization; and
                            ``(iii) comply with applicable schedules 
                        established by Federal law with respect to a 
                        Federal authorization.
            ``(3) Resolution of interagency disputes.--If the Federal 
        agency fails to adhere to the schedule established by the 
        Commission under paragraph (2), or if the final condition of 
        the Secretary under section 4(e) or prescription under section 
        18 has been unreasonably delayed in derogation of the schedule 
        established under paragraph (2), or if a proposed alternative 
        condition or prescription has been unreasonably denied, or if a 
        final condition or prescription would be inconsistent with the 
        purposes of this part or other applicable law, the Commission 
        may refer the matter to the Chairman of the Council on 
        Environmental Quality--
                    ``(A) to ensure timely participation;
                    ``(B) to ensure a timely decision;
                    ``(C) to mediate the dispute; or
                    ``(D) to refer the matter to the President.
    ``(d) Consolidated Record.--
            ``(1) In general.--The Commission shall maintain official 
        consolidated records of all license proceedings under this 
        part.
            ``(2) Submission of recommendations.--Any Federal or State 
        agency that is providing recommendations with respect to a 
        license proceeding under this part shall submit to the 
        Commission for inclusion in the consolidated record relating to 
        the license proceeding maintained under paragraph (1)--
                    ``(A) the recommendations;
                    ``(B) the rationale for the recommendations; and
                    ``(C) any supporting materials relating to the 
                recommendations.
            ``(3) Written statement.--In a case in which a Federal 
        agency is making a determination with respect to a covered 
        measure (as defined in section 36(a)), the head of the Federal 
        agency shall include in the consolidated record a written 
        statement demonstrating that the Federal agency gave equal 
        consideration to the effects of the covered measure on--
                    ``(A) energy supply, distribution, cost, and use;
                    ``(B) flood control;
                    ``(C) navigation;
                    ``(D) water supply; and
                    ``(E) air quality and the preservation of other 
                aspects of environmental quality.

``SEC. 36. TRIAL-TYPE HEARINGS.

    ``(a) Definition of Covered Measure.--In this section, the term 
`covered measure' means--
            ``(1) a condition prescribed under section 4(e), including 
        an alternative condition proposed under section 33(a);
            ``(2) fishways prescribed under section 18, including an 
        alternative prescription proposed under section 33(b); or
            ``(3) any further condition pursuant to section 4(e), 6, or 
        18.
    ``(b) Authorization of Trial-type Hearing.--The license applicant 
(including an applicant for a license under section 15) and any party 
to the proceeding shall be entitled to a determination on the record, 
after opportunity for a trial-type hearing of not more than 120 days, 
on any disputed issues of material fact with respect to an applicable 
covered measure.
    ``(c) Deadline for Request.--A request for a trial-type hearing 
under this section shall be submitted not later than 60 days after the 
date on which, as applicable--
            ``(1) the Secretary submits the condition under section 
        4(e) or prescription under section 18; or
            ``(2)(A) the Commission publishes notice of the intention 
        to use the reserved authority of the Commission to order a 
        further condition under section 6; or
            ``(B) the Secretary exercises reserved authority under the 
        license to prescribe, submit, or revise any condition to a 
        license under the first proviso of section 4(e) or fishway 
        prescribed under section 18, as appropriate.
    ``(d) No Requirement To Exhaust.--By electing not to request a 
trial-type hearing under subsection (d), a license applicant and any 
other party to a license proceeding shall not be considered to have 
waived the right of the applicant or other party to raise any issue of 
fact or law in a non-trial-type proceeding, but no issue may be raised 
for the first time on rehearing or judicial review of the license 
decision of the Commission.
    ``(e) Administrative Law Judge.--All disputed issues of material 
fact raised by a party in a request for a trial-type hearing submitted 
under subsection (d) shall be determined in a single trial-type hearing 
to be conducted by an Administrative Law Judge within the Office of 
Administrative Law Judges and Dispute Resolution of the Commission, in 
accordance with the Commission rules of practice and procedure under 
part 385 of title 18, Code of Federal Regulations (or successor 
regulations), and within the timeframe established by the Commission 
for each license proceeding (including a proceeding for a license under 
section 15) under section 35(c).
    ``(f) Stay.--The Administrative Law Judge may impose a stay of a 
trial-type hearing under this section for a period of not more than 120 
days to facilitate settlement negotiations relating to resolving the 
disputed issues of material fact with respect to the covered measure.
    ``(g) Decision of the Administrative Law Judge.--
            ``(1) Contents.--The decision of the Administrative Law 
        Judge shall contain--
                    ``(A) findings of fact on all disputed issues of 
                material fact;
                    ``(B) conclusions of law necessary to make the 
                findings of fact, including rulings on materiality and 
                the admissibility of evidence; and
                    ``(C) reasons for the findings and conclusions.
            ``(2) Limitation.--The decision of the Administrative Law 
        Judge shall not contain conclusions as to whether--
                    ``(A) any condition or prescription should be 
                adopted, modified, or rejected; or
                    ``(B) any alternative condition or prescription 
                should be adopted, modified, or rejected.
            ``(3) Finality.--A decision of an Administrative Law Judge 
        under this section with respect to a disputed issue of material 
        fact shall not be subject to further administrative review.
            ``(4) Service.--The Administrative Law Judge shall serve 
        the decision on each party to the hearing and forward the 
        complete record of the hearing to the Commission and the 
        Secretary that proposed the original condition or prescription.
    ``(h) Secretarial Determination.--
            ``(1) In general.--Not later than 60 days after the date on 
        which the Administrative Law Judge issues the decision under 
        subsection (g) and in accordance with the schedule established 
        by the Commission under section 35(c), the Secretary proposing 
        a condition under section 4(e) or a prescription under section 
        18 shall file with the Commission a final determination to 
        adopt, modify, or withdraw any condition or prescription that 
        was the subject of a hearing under this section, based on the 
        decision of the Administrative Law Judge.
            ``(2) Record of determination.--The final determination of 
        the Secretary filed with the Commission shall identify the 
        reasons for the decision and any considerations taken into 
        account that were not part of, or inconsistent with, the 
        findings of the Administrative Law Judge and shall be included 
        in the consolidated record in section 35(d).
    ``(i) Licensing Decision of the Commission.--Notwithstanding 
sections 4(e) and 18, if the Commission finds that the final condition 
or prescription of the Secretary is inconsistent with the purposes of 
this part or other applicable law, the Commission may refer the matter 
to the Chairman of the Council on Environmental Quality under section 
35(c).
    ``(j) Judicial Review.--The decision of the Administrative Law 
Judge and the record of determination of the Secretary shall be 
included in the record of the applicable licensing proceeding and 
subject to judicial review of the final licensing decision of the 
Commission under section 313(b).

``SEC. 37. PUMPED STORAGE PROJECTS.

    ``In carrying out section 6(a) of the Hydropower Regulatory 
Efficiency Act of 2013 (16 U.S.C. 797 note; Public Law 113-23), the 
Commission shall consider a closed loop pumped storage project to 
include a project--
            ``(1) in which the upper and lower reservoirs do not 
        impound or directly withdraw water from a navigable stream; or
            ``(2) that is not continuously connected to a naturally 
        flowing water feature.

``SEC. 38. ANNUAL REPORTS.

    ``(a) Commission Annual Report.--
            ``(1) In general.--The Commission shall submit to the 
        Committee on Energy and Natural Resources of the Senate and the 
        Committee on Energy and Commerce of the House of 
        Representatives an annual report that--
                    ``(A) describes and quantifies, for each licensed, 
                exempted, or proposed project under this part or 
                section 405(d) of the Public Utility Regulatory 
                Policies Act of 1978 (16 U.S.C. 2705(d)) (referred to 
                in this subsection as the `covered project'), the 
                quantity of energy and capacity authorized for new 
                development and reauthorized for continued operation 
                during the reporting year, including an assessment of 
                the economic, climactic, air quality, and other 
                environmental benefits achieved by the new and 
                reauthorized energy and capacity;
                    ``(B) describes and quantifies the loss of energy, 
                capacity, or ancillary services as a result of any 
                licensing action under this part or other requirement 
                under Federal law during the reporting year;
                    ``(C) identifies any application to license, 
                relicense, or expand a covered project pending as of 
                the date of the annual report, including a 
                quantification of the new energy and capacity with the 
                potential to be gained or lost by action relating to 
                the covered project; and
                    ``(D) lists all proposed covered projects that, as 
                of the date of the annual report, are subject to a 
                preliminary permit issued under section 4(f), including 
                a description of the quantity of new energy and 
                capacity that would be achieved through the development 
                of each proposed covered project.
            ``(2) Availability.--The Commission shall establish and 
        maintain a publicly available website or comparable resource 
        that tracks all information required for the annual report 
        under paragraph (1).
    ``(b) Resource Agency Annual Report.--
            ``(1) In general.--Any Federal or State resource agency 
        that is participating in any Commission proceeding under this 
        part or that has responsibilities for any Federal authorization 
        shall submit to the Committee on Energy and Natural Resources 
        of the Senate and the Committee on Energy and Commerce of the 
        House of Representatives a report that--
                    ``(A) describes each term, condition, or other 
                requirement prepared by the resource agency during the 
                reporting year with respect to a Commission proceeding 
                under this part, including--
                            ``(i) an assessment of whether 
                        implementation of the term, condition, or other 
                        requirement would result in the loss of energy, 
                        capacity, or ancillary services at the project, 
                        including a quantification of the losses;
                            ``(ii) an analysis of economic, air 
                        quality, climactic and other environmental 
                        effects associated with implementation of the 
                        term, condition, or other requirement;
                            ``(iii) a demonstration, based on evidence 
                        in the record of the Commission, that the 
                        resource agency prepared the term, condition, 
                        or other requirement in a manner that meets the 
                        policy established by this part while 
                        discharging the responsibilities of the 
                        resource agency under this part or any other 
                        applicable requirement under Federal law; and
                            ``(iv) a statement of whether the head of 
                        the applicable Federal agency has rendered 
                        final approval of the term, condition, or other 
                        requirement, or whether the term, condition, or 
                        other requirement remains a preliminary 
                        recommendation of staff of the resource agency; 
                        and
                    ``(B) identifies all pending, scheduled, and 
                anticipated proceedings under this part that, as of the 
                date of the annual report, the resource agency expects 
                to participate in, or has any approval or participatory 
                responsibilities for under Federal law, including--
                            ``(i) an accounting of whether the resource 
                        agency met all deadlines or other milestones 
                        established by the resource agency or the 
                        Commission during the reporting year; and
                            ``(ii) the specific plans of the resource 
                        agency for allocating sufficient resources for 
                        each project during the upcoming year.
            ``(2) Availability.--Any resource agency preparing an 
        annual report to Congress under paragraph (1) shall establish 
        and maintain a publicly available website or comparable 
        resource that tracks all information required for the annual 
        report.''.
    (j) Pilot Program.--
            (1) In general.--The Commission (as the term is defined in 
        section 3 of the Federal Power Act (16 U.S.C. 796)) shall 
        establish a voluntary pilot program covering at least 1 region 
        in which the Commission, in consultation with the heads of 
        cooperating agencies, shall direct a set of region-wide studies 
        to inform subsequent project-level studies within each region.
            (2) Designation.--Not later than 2 years after the date of 
        enactment of this Act, if the conditions under paragraph (3) 
        are met, the Commission, in consultation with the heads of 
        cooperating agencies, shall designate 1 or more regions to be 
        studied under this subsection.
            (3) Voluntary basis.--The Commission may only designate 
        regions under paragraph (2) in which every licensee, on a 
        voluntary basis and in writing, agrees--
                    (A) to be included in the pilot program; and
                    (B) to any cost-sharing arrangement with other 
                licensees and applicable Federal and State agencies 
                with respect to conducting basin-wide studies.
            (4) Scale.--The regions designated under paragraph (2) 
        shall--
                    (A) be at an adequately large scale to cover at 
                least 5 existing projects that--
                            (i) are licensed under this part; and
                            (ii) the licenses of which shall expire not 
                        later than 15 years after the date of enactment 
                        of this section; and
                    (B) be likely to yield region-wide studies and 
                information that will significantly reduce the need for 
                and scope of subsequent project-level studies and 
                information.
            (5) Project license terms.--The Commission may extend the 
        term of any existing license within a region designated under 
        paragraph (2) by up to 8 years to provide sufficient time for 
        relevant region-wide studies to inform subsequent project-level 
        studies.

SEC. 3002. HYDROELECTRIC PRODUCTION INCENTIVES AND EFFICIENCY 
              IMPROVEMENTS.

    (a) Hydroelectric Production Incentives.--Section 242 of the Energy 
Policy Act of 2005 (42 U.S.C. 15881) is amended--
            (1) in subsection (c), by striking ``10'' and inserting 
        ``20'';
            (2) in subsection (f), by striking ``20'' and inserting 
        ``30''; and
            (3) in subsection (g), by striking ``each of the fiscal 
        years 2006 through 2015'' and inserting ``each of fiscal years 
        2016 through 2025''.
    (b) Hydroelectric Efficiency Improvement.--Section 243(c) of the 
Energy Policy Act of 2005 (42 U.S.C. 15882(c)) is amended by striking 
``each of the fiscal years 2006 through 2015'' and inserting ``each of 
fiscal years 2016 through 2025''.

SEC. 3003. EXTENSION OF TIME FOR A FEDERAL ENERGY REGULATORY COMMISSION 
              PROJECT INVOLVING CLARK CANYON DAM.

    Notwithstanding the time period described in section 13 of the 
Federal Power Act (16 U.S.C. 806) that would otherwise apply to the 
Federal Energy Regulatory Commission project numbered 12429, the 
Federal Energy Regulatory Commission (referred to in this section as 
the ``Commission'') shall, at the request of the licensee for the 
project, and after reasonable notice and in accordance with the 
procedures of the Commission under that section, reinstate the license 
and extend the time period during which the licensee is required to 
commence construction of project works for the 3-year period beginning 
on the date of enactment of this Act.

SEC. 3004. EXTENSION OF TIME FOR A FEDERAL ENERGY REGULATORY COMMISSION 
              PROJECT INVOLVING GIBSON DAM.

    (a) In General.--Notwithstanding the requirements of section 13 of 
the Federal Power Act (16 U.S.C. 806) that would otherwise apply to the 
Federal Energy Regulatory Commission project numbered 12478-003, the 
Federal Energy Regulatory Commission (referred to in this section as 
the ``Commission'') may, at the request of the licensee for the 
project, and after reasonable notice and in accordance with the 
procedures of the Commission under that section, extend the time period 
during which the licensee is required to commence construction of the 
project for a 6-year period that begins on the date described in 
subsection (b).
    (b) Date Described.--The date described in this subsection is the 
date of the expiration of the extension of the period required for 
commencement of construction for the project described in subsection 
(a) that was issued by the Commission prior to the date of enactment of 
this Act under section 13 of the Federal Power Act (16 U.S.C. 806).
    (c) Reinstatement of Expired License.--If the period required for 
commencement of construction of the project described in subsection (b) 
has expired before the date of enactment of this Act--
            (1) the Commission shall reinstate the license effective as 
        of the date of the expiration of the license; and
            (2) the first extension authorized under subsection (a) 
        shall take effect on that expiration date.

                          PART II--GEOTHERMAL

                      Subpart A--Geothermal Energy

SEC. 3005. NATIONAL GOALS FOR PRODUCTION AND SITE IDENTIFICATION.

    It is the sense of Congress that, not later than 10 years after the 
date of enactment of this Act--
            (1) the Secretary of the Interior shall seek to approve a 
        significant increase in new geothermal energy capacity on 
        public land across a geographically diverse set of States using 
        the full range of available technologies; and
            (2) the Director of the Geological Survey and the Secretary 
        should identify sites capable of producing a total of 50,000 
        megawatts of geothermal power, using the full range of 
        available technologies, through a program conducted in 
        collaboration with industry, including cost-shared exploration 
        drilling.

SEC. 3006. PRIORITY AREAS FOR DEVELOPMENT ON FEDERAL LAND.

    The Director of the Bureau of Land Management, in consultation with 
other appropriate Federal agencies, shall--
            (1) identify high priority areas for new geothermal 
        development; and
            (2) take any actions the Director determines necessary to 
        facilitate that development, consistent with applicable laws.

SEC. 3007. FACILITATION OF COPRODUCTION OF GEOTHERMAL ENERGY ON OIL AND 
              GAS LEASES.

    Section 4(b) of the Geothermal Steam Act of 1970 (30 U.S.C. 
1003(b)) is amended by adding at the end the following:
            ``(4) Land subject to oil and gas lease.--Land under an oil 
        and gas lease issued pursuant to the Mineral Leasing Act (30 
        U.S.C. 181 et seq.) or the Mineral Leasing Act for Acquired 
        Lands (30 U.S.C. 351 et seq.) that is subject to an approved 
        application for permit to drill and from which oil and gas 
        production is occurring may be available for noncompetitive 
        leasing under this section to the holder of the oil and gas 
        lease--
                    ``(A) on a determination that--
                            ``(i) geothermal energy will be produced 
                        from a well producing or capable of producing 
                        oil and gas; and
                            ``(ii) national energy security will be 
                        improved by the issuance of such a lease; and
                    ``(B) to provide for the coproduction of geothermal 
                energy with oil and gas.''.

SEC. 3008. NONCOMPETITIVE LEASING OF ADJOINING AREAS FOR DEVELOPMENT OF 
              GEOTHERMAL RESOURCES.

    Section 4(b) of the Geothermal Steam Act of 1970 (30 U.S.C. 
1003(b)) (as amended by section 3007) is amended by adding at the end 
the following:
            ``(5) Adjoining land.--
                    ``(A) Definitions.--In this paragraph:
                            ``(i) Fair market value per acre.--The term 
                        `fair market value per acre' means a dollar 
                        amount per acre that--
                                    ``(I) except as provided in this 
                                clause, shall be equal to the market 
                                value per acre (taking into account the 
                                determination under subparagraph 
                                (B)(iii) regarding a valid discovery on 
                                the adjoining land), as determined by 
                                the Secretary under regulations issued 
                                under this paragraph;
                                    ``(II) shall be determined by the 
                                Secretary with respect to a lease under 
                                this paragraph, by not later than the 
                                end of the 180-day period beginning on 
                                the date the Secretary receives an 
                                application for the lease; and
                                    ``(III) shall be not less than the 
                                greater of--
                                            ``(aa) 4 times the median 
                                        amount paid per acre for all 
                                        land leased under this Act 
                                        during the preceding year; or
                                            ``(bb) $50.
                            ``(ii) Industry standards.--The term 
                        `industry standards' means the standards by 
                        which a qualified geothermal professional 
                        assesses whether downhole or flowing 
                        temperature measurements with indications of 
                        permeability are sufficient to produce energy 
                        from geothermal resources, as determined 
                        through flow or injection testing or 
                        measurement of lost circulation while drilling.
                            ``(iii) Qualified federal land.--The term 
                        `qualified Federal land' means land that is 
                        otherwise available for leasing under this Act.
                            ``(iv) Qualified geothermal professional.--
                        The term `qualified geothermal professional' 
                        means an individual who is an engineer or 
                        geoscientist in good professional standing with 
                        at least 5 years of experience in geothermal 
                        exploration, development, or project 
                        assessment.
                            ``(v) Qualified lessee.--The term 
                        `qualified lessee' means a person that is 
                        eligible to hold a geothermal lease under this 
                        Act (including applicable regulations).
                            ``(vi) Valid discovery.--The term `valid 
                        discovery' means a discovery of a geothermal 
                        resource by a new or existing slim hole or 
                        production well, that exhibits downhole or 
                        flowing temperature measurements with 
                        indications of permeability that are sufficient 
                        to meet industry standards.
                    ``(B) Authority.--An area of qualified Federal land 
                that adjoins other land for which a qualified lessee 
                holds a legal right to develop geothermal resources may 
                be available for a noncompetitive lease under this 
                section to the qualified lessee at the fair market 
                value per acre, if--
                            ``(i) the area of qualified Federal land--
                                    ``(I) consists of not less than 1 
                                acre and not more than 640 acres; and
                                    ``(II) is not already leased under 
                                this Act or nominated to be leased 
                                under subsection (a);
                            ``(ii) the qualified lessee has not 
                        previously received a noncompetitive lease 
                        under this paragraph in connection with the 
                        valid discovery for which data has been 
                        submitted under clause (iii)(I); and
                            ``(iii) sufficient geological and other 
                        technical data prepared by a qualified 
                        geothermal professional has been submitted by 
                        the qualified lessee to the applicable Federal 
                        land management agency that would lead 
                        individuals who are experienced in the subject 
                        matter to believe that--
                                    ``(I) there is a valid discovery of 
                                geothermal resources on the land for 
                                which the qualified lessee holds the 
                                legal right to develop geothermal 
                                resources; and
                                    ``(II) that thermal feature extends 
                                into the adjoining areas.
                    ``(C) Determination of fair market value.--
                            ``(i) In general.--The Secretary shall--
                                    ``(I) publish a notice of any 
                                request to lease land under this 
                                paragraph;
                                    ``(II) determine fair market value 
                                for purposes of this paragraph in 
                                accordance with procedures for making 
                                those determinations that are 
                                established by regulations issued by 
                                the Secretary;
                                    ``(III) provide to a qualified 
                                lessee and publish, with an opportunity 
                                for public comment for a period of 30 
                                days, any proposed determination under 
                                this subparagraph of the fair market 
                                value of an area that the qualified 
                                lessee seeks to lease under this 
                                paragraph; and
                                    ``(IV) provide to the qualified 
                                lessee and any adversely affected party 
                                the opportunity to appeal the final 
                                determination of fair market value in 
                                an administrative proceeding before the 
                                applicable Federal land management 
                                agency, in accordance with applicable 
                                law (including regulations).
                            ``(ii) Limitation on nomination.--After 
                        publication of a notice of request to lease 
                        land under this paragraph, the Secretary may 
                        not accept under subsection (a) any nomination 
                        of the land for leasing unless the request has 
                        been denied or withdrawn.
                            ``(iii) Annual rental.--For purposes of 
                        section 5(a)(3), a lease awarded under this 
                        paragraph shall be considered a lease awarded 
                        in a competitive lease sale.
                    ``(D) Regulations.--Not later than 270 days after 
                the date of enactment of the Energy Policy 
                Modernization Act of 2016, the Secretary shall issue 
                regulations to carry out this paragraph.''.

SEC. 3009. REPORT TO CONGRESS.

    Not later than 3 years after the date of enactment of this Act and 
not less frequently than once every 5 years thereafter, the Secretary 
of the Interior and the Secretary shall submit to Congress a report 
describing the progress made towards achieving the goals described in 
section 3005.

SEC. 3010. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to carry out this subpart--
            (1) $65,000,000 for fiscal year 2017; and
            (2) $75,000,000 for each of fiscal years 2018 through 2021.

Subpart B--Development of Geothermal, Solar, and Wind Energy on Public 
                                  Land

SEC. 3011. DEFINITIONS.

    In this subpart:
            (1) Covered land.--The term ``covered land'' means land 
        that is--
                    (A) public land administered by the Secretary; and
                    (B) not excluded from the development of 
                geothermal, solar, or wind energy under--
                            (i) a land use plan established under the 
                        Federal Land Policy and Management Act of 1976 
                        (43 U.S.C. 1701 et seq.); or
                            (ii) other Federal law.
            (2) Exclusion area.--The term ``exclusion area'' means 
        covered land that is identified by the Bureau of Land 
        Management as not suitable for development of renewable energy 
        projects.
            (3) Priority area.--The term ``priority area'' means 
        covered land identified by the land use planning process of the 
        Bureau of Land Management as being a preferred location for a 
        renewable energy project.
            (4) Public land.--The term ``public land'' has the meaning 
        given the term ``public lands'' in section 103 of the Federal 
        Land Policy and Management Act of 1976 (43 U.S.C. 1702).
            (5) Renewable energy project.--The term ``renewable energy 
        project'' means a project carried out on covered land that uses 
        wind, solar, or geothermal energy to generate energy.
            (6) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (7) Variance area.--The term ``variance area'' means 
        covered land that is--
                    (A) not an exclusion area; and
                    (B) not a priority area.

SEC. 3011A. LAND USE PLANNING; SUPPLEMENTS TO PROGRAMMATIC 
              ENVIRONMENTAL IMPACT STATEMENTS.

    (a) Priority Areas.--
            (1) In general.--The Secretary, in consultation with the 
        Secretary of Energy, shall establish priority areas on covered 
        land for geothermal, solar, and wind energy projects.
            (2) Deadline.--
                    (A) Geothermal energy.--For geothermal energy, the 
                Secretary shall establish priority areas as soon as 
                practicable, but not later than 5 years, after the date 
                of enactment of this Act.
                    (B) Solar energy.--For solar energy, the solar 
                energy zones established by the 2012 western solar plan 
                of the Bureau of Land Management shall be considered to 
                be priority areas for solar energy projects.
                    (C) Wind energy.--For wind energy, the Secretary 
                shall establish priority areas as soon as practicable, 
                but not later than 3 years, after the date of enactment 
                of this Act.
    (b) Variance Areas.--To the maximum extent practicable, variance 
areas shall be considered for renewable energy project development, 
consistent with the principles of multiple use as defined in the 
Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et 
seq.).
    (c) Review and Modification.--Not less frequently than once every 
10 years, the Secretary shall--
            (1) review the adequacy of land allocations for geothermal, 
        solar, and wind energy priority and variance areas for the 
        purpose of encouraging new renewable energy development 
        opportunities; and
            (2) based on the review carried out under paragraph (1), 
        add, modify, or eliminate priority, variance, and exclusion 
        areas.
    (d) Compliance With the National Environmental Policy Act.--For 
purposes of this section, compliance with the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321 et seq.) shall be accomplished--
            (1) for geothermal energy, by supplementing the October 
        2008 final programmatic environmental impact statement for 
        geothermal leasing in the western United States;
            (2) for solar energy, by supplementing the July 2012 final 
        programmatic environmental impact statement for solar energy 
        projects; and
            (3) for wind energy, by supplementing the July 2005 final 
        programmatic environmental impact statement for wind energy 
        projects.
    (e) No Effect on Processing Applications.--A requirement to prepare 
a supplement to a programmatic environmental impact statement under 
this section shall not result in any delay in processing an application 
for a renewable energy project.
    (f) Coordination.--In developing a supplement required by this 
section, the Secretary shall coordinate, on an ongoing basis, with 
appropriate State, tribal, and local governments, transmission 
infrastructure owners and operators, developers, and other appropriate 
entities to ensure that priority areas identified by the Secretary 
are--
            (1) economically viable (including having access to 
        transmission);
            (2) likely to avoid or minimize conflict with habitat for 
        animals and plants, recreation, and other uses of covered land; 
        and
            (3) consistent with section 202 of the Federal Land Policy 
        and Management Act of 1976 (43 U.S.C. 1712), including 
        subsection (c)(9) of that section.
    (g) Removal From Classification.--In carrying out subsections (a), 
(c), and (d), if the Secretary determines an area previously suited for 
development should be removed from priority or variance classification, 
not later than 90 days after the date of the determination, the 
Secretary shall submit to Congress a report on the determination.

SEC. 3011B. ENVIRONMENTAL REVIEW ON COVERED LAND.

    (a) In General.--If the Secretary determines that a proposed 
renewable energy project has been sufficiently analyzed by a 
programmatic environmental impact statement conducted under section 
3011B(d), the Secretary shall not require any additional review under 
the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
    (b) Additional Environmental Review.--If the Secretary determines 
that additional environmental review under the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321 et seq.) is necessary for a proposed 
renewable energy project, the Secretary shall rely on the analysis in 
the programmatic environmental impact statement conducted under section 
3011B(d), to the maximum extent practicable when analyzing the 
potential impacts of the project.
    (c) Relationship to Other Law.--Nothing in this section modifies or 
supersedes any requirement under applicable law, including the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

SEC. 3011C. PROGRAM TO IMPROVE RENEWABLE ENERGY PROJECT PERMIT 
              COORDINATION.

    (a) Establishment.--The Secretary shall establish a program to 
improve Federal permit coordination with respect to renewable energy 
projects on covered land.
    (b) Memorandum of Understanding.--
            (1) In general.--Not later than 180 days after the date of 
        enactment of this Act, the Secretary shall enter into a 
        memorandum of understanding for purposes of this section, 
        including to specifically expedite the environmental analysis 
        of applications for projects proposed in a variance area, 
        with--
                    (A) the Secretary of Agriculture; and
                    (B) the Assistant Secretary of the Army for Civil 
                Works.
            (2) State participation.--The Secretary may request the 
        Governor of any interested State to be a signatory to the 
        memorandum of understanding under paragraph (1).
    (c) Designation of Qualified Staff.--
            (1) In general.--Not later than 90 days after the date on 
        which the memorandum of understanding under subsection (b) is 
        executed, all Federal signatories, as appropriate, shall 
        identify for each of the Bureau of Land Management Renewable 
        Energy Coordination Offices an employee who has expertise in 
        the regulatory issues relating to the office in which the 
        employee is employed, including, as applicable, particular 
        expertise in--
                    (A) consultation regarding, and preparation of, 
                biological opinions under section 7 of the Endangered 
                Species Act of 1973 (16 U.S.C. 1536);
                    (B) permits under section 404 of Federal Water 
                Pollution Control Act (33 U.S.C. 1344);
                    (C) regulatory matters under the Clean Air Act (42 
                U.S.C. 7401 et seq.);
                    (D) planning under section 14 of the National 
                Forest Management Act of 1976 (16 U.S.C. 472a);
                    (E) the Federal Land Policy and Management Act of 
                1976 (43 U.S.C. 1701 et seq.);
                    (F) the Migratory Bird Treaty Act (16 U.S.C. 703 et 
                seq.); and
                    (G) the preparation of analyses under the National 
                Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
                seq.).
            (2) Duties.--Each employee assigned under paragraph (1) 
        shall--
                    (A) be responsible for addressing all issues 
                relating to the jurisdiction of the home office or 
                agency of the employee; and
                    (B) participate as part of the team of personnel 
                working on proposed energy projects, planning, 
                monitoring, inspection, enforcement, and environmental 
                analyses.
    (d) Additional Personnel.--The Secretary may assign additional 
personnel for the renewable energy coordination offices as are 
necessary to ensure the effective implementation of any programs 
administered by those offices, including inspection and enforcement 
relating to renewable energy project development on covered land, in 
accordance with the multiple use mandate of the Federal Land Policy and 
Management Act of 1976 (43 U.S.C. 1701 et seq.).
    (e) Renewable Energy Coordination Offices.--In implementing the 
program established under this section, the Secretary may establish 
additional renewable energy coordination offices or temporarily assign 
the qualified staff described in subsection (c) to a State, district, 
or field office of the Bureau of Land Management to expedite the 
permitting of renewable energy projects, as the Secretary determines to 
be necessary.
    (f) Report to Congress.--
            (1) In general.--Not later than February 1 of the first 
        fiscal year beginning after the date of enactment of this Act, 
        and each February 1 thereafter, the Secretary shall submit to 
        the Committee on Energy and Natural Resources of the Senate and 
        the Committee on Natural Resources of the House of 
        Representatives a report describing the progress made pursuant 
        to the program under this subpart during the preceding year.
            (2) Inclusions.--Each report under this subsection shall 
        include--
                    (A) projections for renewable energy production and 
                capacity installations; and
                    (B) a description of any problems relating to 
                leasing, permitting, siting, or production.

SEC. 3011D. SAVINGS CLAUSE.

    Nothing in this subpart establishes--
            (1) a priority or preference for the development of 
        renewable energy projects on public land over other energy-
        related or mineral projects or other uses of public land; or
            (2) an exception to the requirement that public land be 
        managed consistent with the principle of multiple use (as 
        defined in section of section 103 of the Federal Land Policy 
        and Management Act of 1976 (43 U.S.C. 1702)).

                   Subpart C--Geothermal Exploration

SEC. 3012. GEOTHERMAL EXPLORATION TEST PROJECTS.

    The Geothermal Steam Act of 1970 (30 U.S.C. 1001 et seq.) is 
amended by adding at the end the following:

``SEC. 30. GEOTHERMAL EXPLORATION TEST PROJECTS.

    ``(a) Definitions.--In this section:
            ``(1) Covered land.--The term `covered land' means land 
        that is--
                    ``(A) subject to geothermal leasing in accordance 
                with section 3; and
                    ``(B) not excluded from the development of 
                geothermal energy under--
                            ``(i) a final land use plan established 
                        under the Federal Land Policy and Management 
                        Act of 1976 (43 U.S.C. 1701 et seq.);
                            ``(ii) a final land and resource management 
                        plan established under the National Forest 
                        Management Act of 1976 (16 U.S.C. 1600 et 
                        seq.); or
                            ``(iii) any other applicable law.
            ``(2) Secretary concerned.--The term `Secretary concerned' 
        means--
                    ``(A) the Secretary of Agriculture (acting through 
                the Chief of the Forest Service), with respect to 
                National Forest System land; and
                    ``(B) the Secretary, with respect to land managed 
                by the Bureau of Land Management (including land held 
                for the benefit of an Indian tribe).
    ``(b) NEPA Review of Geothermal Exploration Test Projects.--
            ``(1) In general.--An eligible activity described in 
        paragraph (2) carried out on covered land shall be considered 
        an action categorically excluded from the requirements for an 
        environmental assessment or an environmental impact statement 
        under the National Environmental Policy Act of 1969 (42 U.S.C. 
        4321 et seq.) or section 1508.4 of title 40, Code of Federal 
        Regulations (or a successor regulation) if--
                    ``(A) the action is for the purpose of geothermal 
                resource exploration operations; and
                    ``(B) the action is conducted pursuant to this Act.
            ``(2) Eligible activity.--An eligible activity referred to 
        in paragraph (1) is--
                    ``(A) a geophysical exploration activity that does 
                not require drilling, including a seismic survey;
                    ``(B) the drilling of a well to test or explore for 
                geothermal resources on land leased by the Secretary 
                concerned for the development and production of 
                geothermal resources that--
                            ``(i) is carried out by the holder of the 
                        lease;
                            ``(ii) causes--
                                    ``(I) fewer than 5 acres of soil or 
                                vegetation disruption at the location 
                                of each geothermal exploration well; 
                                and
                                    ``(II) not more than an additional 
                                5 acres of soil or vegetation 
                                disruption during access or egress to 
                                the project site;
                            ``(iii) is completed in fewer than 90 days, 
                        including the removal of any surface 
                        infrastructure from the project site; and
                            ``(iv) requires the restoration of the 
                        project site not later than 3 years after the 
                        date of completion of the project to 
                        approximately the condition that existed at the 
                        time the project began, unless--
                                    ``(I) the project site is 
                                subsequently used as part of energy 
                                development on the lease; or
                                    ``(II) the project--
                                            ``(aa) yields geothermal 
                                        resources; and
                                            ``(bb) the use of the 
                                        geothermal resources will be 
                                        carried out under another 
                                        geothermal generation project 
                                        in existence at the time of the 
                                        discovery of the geothermal 
                                        resources; or
                    ``(C) the drilling of a well to test or explore for 
                geothermal resources on land leased by the Secretary 
                concerned for the development and production of 
                geothermal resources that--
                            ``(i) causes an individual surface 
                        disturbance of fewer than 5 acres if--
                                    ``(I) the total surface disturbance 
                                on the leased land is not more than 150 
                                acres; and
                                    ``(II) a site-specific analysis has 
                                been prepared under the National 
                                Environmental Policy Act of 1969 (42 
                                U.S.C. 4321 et seq.);
                            ``(ii) involves the drilling of a 
                        geothermal well at a location or well pad site 
                        at which drilling has occurred within 5 years 
                        before the date of spudding the well; or
                            ``(iii) involves the drilling of a 
                        geothermal well in a developed field for 
                        which--
                                    ``(I) an approved land use plan or 
                                any environmental document prepared 
                                under the National Environmental Policy 
                                Act of 1969 (42 U.S.C. 4321 et seq.) 
                                analyzed the drilling as a reasonably 
                                foreseeable activity; and
                                    ``(II) the land use plan or 
                                environmental document was approved 
                                within 10 years before the date of 
                                spudding the well.
            ``(3) Limitation based on extraordinary circumstances.--The 
        categorical exclusion established under paragraph (1) shall be 
        subject to extraordinary circumstances in accordance with the 
        Departmental Manual, 516 DM 2.3A(3) and 516 DM 2, Appendix 2 
        (or successor provisions).
    ``(c) Notice of Intent; Review and Determination.--
            ``(1) Requirement to provide notice.--Not later than 30 
        days before the date on which drilling begins, a leaseholder 
        intending to carry out an eligible activity shall provide 
        notice to the Secretary concerned.
            ``(2) Review of project.--Not later than 10 days after 
        receipt of a notice of intent provided under paragraph (1), the 
        Secretary concerned shall--
                    ``(A) review the project described in the notice 
                and determine whether the project is an eligible 
                activity; and
                    ``(B)(i) if the project is an eligible activity, 
                notify the leaseholder that under subsection (b), the 
                project is considered a categorical exclusion under the 
                National Environmental Policy Act of 1969 (42 U.S.C. 
                4321 et seq.) and section 1508.4 of title 40, Code of 
                Federal Regulations (or a successor regulation); or
                    ``(ii) if the project is not an eligible activity--
                            ``(I) notify the leaseholder that section 
                        102(2)(C) of the National Environmental Policy 
                        Act of 1969 (42 U.S.C. 4332(2)(C)) applies to 
                        the project;
                            ``(II) include in that notification clear 
                        and detailed findings on any deficiencies in 
                        the project that prevent the application of 
                        subsection (b) to the project; and
                            ``(III) provide an opportunity to the 
                        leaseholder to remedy the deficiencies 
                        described in the notification before the date 
                        on which the leaseholder plans to begin the 
                        project under paragraph (1).''.

                     PART III--MARINE HYDROKINETIC

SEC. 3013. DEFINITION OF MARINE AND HYDROKINETIC RENEWABLE ENERGY.

    Section 632 of the Energy Independence and Security Act of 2007 (42 
U.S.C. 17211) is amended in the matter preceding paragraph (1) by 
striking ``electrical''.

SEC. 3014. MARINE AND HYDROKINETIC RENEWABLE ENERGY RESEARCH AND 
              DEVELOPMENT.

    Section 633 of the Energy Independence and Security Act of 2007 (42 
U.S.C. 17212) is amended to read as follows:

``SEC. 633. MARINE AND HYDROKINETIC RENEWABLE ENERGY RESEARCH AND 
              DEVELOPMENT.

    ``The Secretary, in consultation with the Secretary of the 
Interior, the Secretary of Commerce, and the Federal Energy Regulatory 
Commission, shall carry out a program of research, development, 
demonstration, and commercial application to accelerate the 
introduction of marine and hydrokinetic renewable energy production 
into the United States energy supply, giving priority to fostering 
accelerated research, development, and commercialization of technology, 
including programs--
            ``(1) to assist technology development to improve the 
        components, processes, and systems used for power generation 
        from marine and hydrokinetic renewable energy resources;
            ``(2) to establish critical testing infrastructure 
        necessary--
                    ``(A) to cost effectively and efficiently test and 
                prove marine and hydrokinetic renewable energy devices; 
                and
                    ``(B) to accelerate the technological readiness and 
                commercialization of those devices;
            ``(3) to support efforts to increase the efficiency of 
        energy conversion, lower the cost, increase the use, improve 
        the reliability, and demonstrate the applicability of marine 
        and hydrokinetic renewable energy technologies by participating 
        in demonstration projects;
            ``(4) to investigate variability issues and the efficient 
        and reliable integration of marine and hydrokinetic renewable 
        energy with the utility grid;
            ``(5) to identify and study critical short- and long-term 
        needs to create a sustainable marine and hydrokinetic renewable 
        energy supply chain based in the United States;
            ``(6) to increase the reliability and survivability of 
        marine and hydrokinetic renewable energy technologies;
            ``(7) to verify the performance, reliability, 
        maintainability, and cost of new marine and hydrokinetic 
        renewable energy device designs and system components in an 
        operating environment, and consider the protection of critical 
        infrastructure, such as adequate separation between marine and 
        hydrokinetic devices and projects and submarine 
        telecommunications cables, including consideration of 
        established industry standards;
            ``(8) to coordinate and avoid duplication of activities 
        across programs of the Department and other applicable Federal 
        agencies, including National Laboratories and to coordinate 
        public-private collaboration in all programs under this 
        section;
            ``(9) to identify opportunities for joint research and 
        development programs and development of economies of scale 
        between--
                    ``(A) marine and hydrokinetic renewable energy 
                technologies; and
                    ``(B) other renewable energy and fossil energy 
                programs, offshore oil and gas production activities, 
                and activities of the Department of Defense; and
            ``(10) to support in-water technology development with 
        international partners using existing cooperative procedures 
        (including memoranda of understanding)--
                    ``(A) to allow cooperative funding and other 
                support of value to be exchanged and leveraged; and
                    ``(B) to encourage the participation of 
                international research centers and companies within the 
                United States and the participation of United States 
                research centers and companies in international 
                projects.''.

SEC. 3015. NATIONAL MARINE RENEWABLE ENERGY RESEARCH, DEVELOPMENT, AND 
              DEMONSTRATION CENTERS.

    Section 634 of the Energy Independence and Security Act of 2007 (42 
U.S.C. 17213) is amended by striking subsection (b) and inserting the 
following:
    ``(b) Purposes.--A Center (in coordination with the Department and 
National Laboratories) shall--
            ``(1) advance research, development, demonstration, and 
        commercial application of marine and hydrokinetic renewable 
        energy technologies;
            ``(2) support in-water testing and demonstration of marine 
        and hydrokinetic renewable energy technologies, including 
        facilities capable of testing--
                    ``(A) marine and hydrokinetic renewable energy 
                systems of various technology readiness levels and 
                scales;
                    ``(B) a variety of technologies in multiple test 
                berths at a single location; and
                    ``(C) arrays of technology devices; and
            ``(3) serve as information clearinghouses for the marine 
        and hydrokinetic renewable energy industry by collecting and 
        disseminating information on best practices in all areas 
        relating to developing and managing marine and hydrokinetic 
        renewable energy resources and energy systems.''.

SEC. 3016. AUTHORIZATION OF APPROPRIATIONS.

    Section 636 of the Energy Independence and Security Act of 2007 (42 
U.S.C. 17215) is amended by striking ``$50,000,000 for each of the 
fiscal years 2008 through 2012'' and inserting ``$55,000,000 for each 
of fiscal years 2017 and 2018 and $60,000,000 for each of fiscal years 
2019 through 2021''.

                            PART IV--BIOMASS

SEC. 3017. POLICIES RELATING TO BIOMASS ENERGY.

    To support the key role that forests in the United States can play 
in addressing the energy needs of the United States, the Secretary, the 
Secretary of Agriculture, and the Administrator of the Environmental 
Protection Agency shall, consistent with their missions, jointly--
            (1) ensure that Federal policy relating to forest 
        bioenergy--
                    (A) is consistent across all Federal departments 
                and agencies; and
                    (B) recognizes the full benefits of the use of 
                forest biomass for energy, conservation, and 
                responsible forest management; and
            (2) establish clear and simple policies for the use of 
        forest biomass as an energy solution, including policies that--
                    (A) reflect the carbon-neutrality of forest 
                bioenergy and recognize biomass as a renewable energy 
                source, provided the use of forest biomass for energy 
                production does not cause conversion of forests to non-
                forest use.
                    (B) encourage private investment throughout the 
                forest biomass supply chain, including in--
                            (i) working forests;
                            (ii) harvesting operations;
                            (iii) forest improvement operations;
                            (iv) forest bioenergy production;
                            (v) wood products manufacturing; or
                            (vi) paper manufacturing;
                    (C) encourage forest management to improve forest 
                health; and
                    (D) recognize State initiatives to produce and use 
                forest biomass.

                        Subtitle B--Oil and Gas

SEC. 3101. AMENDMENTS TO THE METHANE HYDRATE RESEARCH AND DEVELOPMENT 
              ACT OF 2000.

    (a) Methane Hydrate Research and Development Program.--
            (1) In general.--Section 4 of the Methane Hydrate Research 
        and Development Act of 2000 (30 U.S.C. 2003) is amended by 
        striking subsection (b) and inserting the following:
    ``(b) Grants, Contracts, Cooperative Agreements, Interagency Funds 
Transfer Agreements, and Field Work Proposals.--
            ``(1) Assistance and coordination.--In carrying out the 
        program of methane hydrate research and development authorized 
        by this section, the Secretary may award grants to, or enter 
        into contracts or cooperative agreements with, institutions--
                    ``(A) to conduct basic and applied research--
                            ``(i) to identify, explore, assess, and 
                        develop methane hydrate as a commercially 
                        viable source of energy; and
                            ``(ii) to identify the environmental, 
                        health, and safety impacts of methane hydrate 
                        development;
                    ``(B) to identify and characterize methane hydrate 
                resources using remote sensing and seismic data, 
                including the characterization of hydrate 
                concentrations in marine reservoirs in the Gulf of 
                Mexico by the date that is 4 years after the date of 
                enactment of the Energy Policy Modernization Act of 
                2016;
                    ``(C) to develop technologies required for 
                efficient and environmentally sound development of 
                methane hydrate resources;
                    ``(D) to conduct basic and applied research to 
                assess and mitigate the environmental impact of hydrate 
                degassing (including natural degassing and degassing 
                associated with commercial development);
                    ``(E) to develop technologies to reduce the risks 
                of drilling through methane hydrates;
                    ``(F) to conduct exploratory drilling, well 
                testing, and production testing operations on 
                permafrost and nonpermafrost gas hydrates in support of 
                the activities authorized by this paragraph, 
                including--
                            ``(i) drilling of a test well and 
                        performing a long-term hydrate production test 
                        on land in the United States Arctic region by 
                        the date that is 4 years after the date of 
                        enactment of the Energy Policy Modernization 
                        Act of 2016;
                            ``(ii) drilling of a test well and 
                        performing a long-term hydrate production test 
                        in a marine environment by the date that is 10 
                        years after the date of enactment of the Energy 
                        Policy Modernization Act of 2016; and
                            ``(iii) drilling a full-scale production 
                        test well at a location to be determined by the 
                        Secretary; or
                    ``(G) to expand education and training programs in 
                methane hydrate resource research and resource 
                development through fellowships or other means for 
                graduate education and training.
            ``(2) Environmental monitoring and research.--The Secretary 
        shall conduct a long-term environmental monitoring and research 
        program to study the effects of production from methane hydrate 
        reservoirs.
            ``(3) Competitive peer review.--Funds made available under 
        paragraphs (1) and (2) shall be made available based on a 
        competitive process using external scientific peer review of 
        proposed research.''.
            (2) Conforming amendment.--Section 4(e) of the Methane 
        Hydrate Research and Development Act of 2000 (30 U.S.C. 
        2003(e)) is amended in the matter preceding paragraph (1) by 
        striking ``subsection (b)(1)'' and inserting ``paragraphs (1) 
        and (2) of subsection (b)''.
    (b) Authorization of Appropriations.--The Methane Hydrate Research 
and Development Act of 2000 is amended by striking section 7 (30 U.S.C. 
2006) and inserting the following:

``SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

    ``There is authorized to be appropriated to carry out this Act 
$35,000,000 for each of fiscal years 2017 through 2021.''.

SEC. 3102. LIQUEFIED NATURAL GAS STUDY.

    (a) Study.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, the Secretary, in consultation with the 
        National Association of Regulatory Utility Commissioners and 
        the National Association of State Energy Officials, shall 
        conduct a study of the State, regional, and national 
        implications of exporting liquefied natural gas with respect to 
        consumers and the economy.
            (2) Contents.--The study conducted under paragraph (1) 
        shall include an analysis of--
                    (A) the economic impact that exporting liquefied 
                natural gas will have in regions that currently import 
                liquefied natural gas;
                    (B) job creation in the manufacturing sectors; and
                    (C) such other issues as the Secretary considers 
                appropriate.
    (b) Report to Congress.--Not later than 1 year after the date of 
enactment of this Act, the Administrator shall submit to Congress a 
report on the results of the study conducted under subsection (a).

SEC. 3103. FERC PROCESS COORDINATION WITH RESPECT TO REGULATORY 
              APPROVAL OF GAS PROJECTS.

    (a) Definitions.--In this section:
            (1) Commission.--The term ``Commission'' means the Federal 
        Energy Regulatory Commission.
            (2) Federal authorization.--
                    (A) In general.--The term ``Federal authorization'' 
                means any authorization required under Federal law with 
                respect to an application for authorization or a 
                certificate of public convenience and necessity 
                relating to gas transportation subject to the 
                jurisdiction of the Commission.
                    (B) Inclusions.--The term ``Federal authorization'' 
                includes any permits, special use authorizations, 
                certifications, opinions, or other approvals as may be 
                required under Federal law with respect to an 
                application for authorization or a certificate of 
                public convenience and necessity relating to gas 
                transportation subject to the jurisdiction of the 
                Commission.
    (b) Designation as Lead Agency.--
            (1) In general.--The Commission shall act as the lead 
        agency for the purposes of--
                    (A) coordinating all applicable Federal 
                authorizations; and
                    (B) compliance with the National Environmental 
                Policy Act of 1969 (42 U.S.C. 4321 et seq.).
            (2) Other agencies.--Each Federal and State agency 
        considering an aspect of an application for Federal 
        authorization shall cooperate with the Commission.
    (c) Schedule.--
            (1) Timing for issuance.--It is the sense of Congress that 
        all Federal authorizations required for a project or facility 
        should be issued by not later than the date that is 90 days 
        after the date on which an application is considered to be 
        complete by the Commission.
            (2) Commission schedule.--
                    (A) In general.--The Commission shall establish a 
                schedule for the issuance of all Federal 
                authorizations.
                    (B) Requirements.--In establishing the schedule 
                under subparagraph (A), the Commission shall--
                            (i) consult and cooperate with the Federal 
                        and State agencies responsible for a Federal 
                        authorization;
                            (ii) ensure the expeditious completion of 
                        all proceedings relating to a Federal 
                        authorization; and
                            (iii) comply with applicable schedules 
                        established under Federal law with respect to a 
                        Federal authorization.
            (3) Resolution of interagency disputes.--If the Federal 
        agency with responsibility fails to adhere to the schedule 
        established by the Commission under paragraph (2), or if a 
        Federal authorization has been unreasonably denied, or if a 
        Federal authorization would be inconsistent with the purposes 
        of this section or other applicable law, the Commission shall 
        refer the matter to the Chairman of the Council on 
        Environmental Quality--
                    (A) to ensure timely participation;
                    (B) to ensure a timely decision;
                    (C) to mediate the dispute; or
                    (D) to refer the matter to the President.
    (d) Consolidated Record.--The Commission shall maintain official 
consolidated records of all license proceedings under this section.
    (e) Deference to Commission.--In making a decision with respect to 
a Federal authorization, each agency shall give deference, to the 
maximum extent authorized by law, to the scope of environmental review 
that the Commission determines to be appropriate.
    (f) Concurrent Reviews.--Pursuant to the schedule established under 
subsection (c)(2), each agency considering an aspect of an application 
for Federal authorization shall--
            (1) to the maximum extent authorized by law, carry out the 
        obligations of that agency under applicable law concurrently 
        and in conjunction with the review required by the National 
        Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), 
        unless doing so would impair the ability of the agency to 
        conduct needed analysis or otherwise carry out those 
        obligations;
            (2) formulate and implement administrative, policy, and 
        procedural mechanisms to enable the agency to complete the 
        required Federal authorizations in accordance with the schedule 
        described in subsection (c); and
            (3) transmit to the Commission a statement--
                    (A) acknowledging notice of the schedule described 
                in subsection (c); and
                    (B) describing the plan formulated under paragraph 
                (2).
    (g) Failure To Meet Deadline.--If an agency does not complete a 
proceeding for an approval that is required for a Federal authorization 
in accordance with the schedule described in subsection (c), the head 
of the relevant Federal agency (including, in the case of a failure by 
the State agency or unit of local government, the Federal agency 
overseeing the delegated authority) shall--
            (1) notify Congress and the Commission of the failure; and
            (2) describe in that notification an implementation plan to 
        ensure completion.
    (h) Accountability; Transparency; Efficiency.--
            (1) In general.--For applications requiring multiple 
        Federal authorizations, the Commission, in consultation with 
        any agency considering an aspect of the application, shall 
        track and make available to the public on the website of the 
        Commission information relating to the actions required to 
        complete permitting, reviews, and other requirements.
            (2) Inclusions.--Information tracked under paragraph (1) 
        shall include the following:
                    (A) The schedule described in subsection (c).
                    (B) A list of all the actions required by each 
                applicable agency to complete permitting, reviews, and 
                other requirements necessary to obtain a final decision 
                on the Federal authorization.
                    (C) The expected completion date for each action 
                listed under subparagraph (B).
                    (D) A point of contact at the agency accountable 
                for each action listed under subparagraph (B).
                    (E) In the event that an action is still pending as 
                of the expected date of completion, a brief explanation 
                of the reason for the delay.

SEC. 3104. PILOT PROGRAM.

    (a) Establishment.--The Secretary of the Interior, acting through 
the Director of the Bureau of Land Management (referred to in this 
section as the ``Director''), shall establish a pilot program in 1 
State with at least 2,000 oil and gas drilling spacing units (as 
defined under State law), in which--
            (1) 25 percent or less of the minerals are owned or held in 
        trust by the Federal Government; and
            (2) there is no surface land owned or held in trust by the 
        Federal Government.
    (b) Activities.--In carrying out the pilot program, the Director 
shall identify and implement ways to streamline the review and approval 
of Applications for Permits to Drill for oil and gas drilling spacing 
units of the State in order to achieve a processing time for those oil 
and gas drilling spacing units similar to that of spacing units that 
require an Application for Permit to Drill and are not part of the 
pilot program in the same State.
    (c) Funding.--Beginning in fiscal year 2016, and for a period of 3 
years thereafter, to carry out the pilot program efficiently, the 
Director may fund up to 10 full-time equivalents at appropriate field 
offices.
    (d) Report.--Not later than 4 years after the date of enactment of 
this Act, the Director shall submit to Congress a report on the results 
of the pilot program.
    (e) Waiver.--The Secretary of the Interior may waive the 
requirement for an Application for Permit to Drill if the Director 
determines that the mineral interest of the United States in the 
spacing units in land covered by this section is adequately protected, 
if otherwise in accordance with applicable laws, regulations, and lease 
terms.

SEC. 3105. GAO REVIEW AND REPORT.

    (a) In General.--Not later than 1 year after the date of enactment 
of this Act, and annually thereafter for 2 years, the Comptroller 
General of the United States shall conduct a review of--
            (1) energy production in the United States; and
            (2) the effects, if any, of crude oil exports from the 
        United States on consumers, independent refiners, and 
        shipbuilding and ship repair yards.
    (b) Contents of Report.--Not later than 1 year after commencing 
each review under subsection (a), the Comptroller General of the United 
States shall submit to the Committees on Energy and Natural Resources, 
Banking, Housing, and Urban Affairs, Commerce, Science, and 
Transportation, and Foreign Relations of the Senate and the Committees 
on Natural Resources, Energy and Commerce, Financial Services, and 
Foreign Affairs of the House of Representatives a report that 
includes--
            (1) a statement of the principal findings of the review; 
        and
            (2) recommendations for Congress and the President to 
        address any job loss in the shipbuilding and ship repair 
        industry or adverse impacts on consumers and refiners that the 
        Comptroller General of the United States attributes to 
        unencumbered crude oil exports in the United States.

SEC. 3106. ETHANE STORAGE STUDY.

    (a) In General.--The Secretary and the Secretary of Commerce, in 
consultation with other relevant Federal departments and agencies and 
stakeholders, shall conduct a study of the feasibility of establishing 
an ethane storage and distribution hub in the Marcellus, Utica, and 
Rogersville shale plays in the United States.
    (b) Contents.--The study conducted under subsection (a) shall 
include--
            (1) an examination of, with respect to the proposed ethane 
        storage and distribution hub--
                    (A) potential locations;
                    (B) economic feasibility;
                    (C) economic benefits;
                    (D) geological storage capacity capabilities;
                    (E) above-ground storage capabilities;
                    (F) infrastructure needs; and
                    (G) other markets and trading hubs, particularly 
                hubs relating to ethane; and
            (2) the identification of potential additional benefits of 
        the proposed hub to energy security.
    (c) Publication of Results.--Not later than 2 years after the date 
of enactment of this Act, the Secretary and the Secretary of Commerce 
shall--
            (1) submit to the Committee on Energy and Commerce of the 
        House of Representatives and the Committees on Energy and 
        Natural Resources and Commerce, Science, and Transportation of 
        the Senate a report describing the results of the study under 
        subsection (a); and
            (2) publish those results on the Internet websites of the 
        Departments of Energy and Commerce, respectively.

SEC. 3107. ALISO CANYON NATURAL GAS LEAK TASK FORCE.

    (a) Establishment of Task Force.--Not later than 15 days after the 
date of enactment of this Act, the Secretary shall lead and establish 
an Aliso Canyon Task Force (referred to in this section as the ``task 
force'').
    (b) Membership of Task Force.--In addition to the Secretary, the 
task force shall be composed of--
            (1) 1 representative from the Pipeline and Hazardous 
        Materials Safety Administration;
            (2) 1 representative from the Department of Health and 
        Human Services;
            (3) 1 representative from the Environmental Protection 
        Agency;
            (4) 1 representative from the Department of the Interior;
            (5) 1 representative from the Department of Commerce; and
            (6) 1 representative from the Federal Energy Regulatory 
        Commission.
    (c) Report.--
            (1) Final report.--
                    (A) In general.--Not later than 180 days after the 
                date of enactment of this Act, the task force shall 
                submit a final report that contains the information 
                described in subparagraph (B) to--
                            (i) the Committee on Energy and Natural 
                        Resources of the Senate;
                            (ii) the Committee on Natural Resources of 
                        the House of Representatives;
                            (iii) the Committee on Environment and 
                        Public Works of the Senate;
                            (iv) the Committee on Transportation and 
                        Infrastructure of the House of Representatives;
                            (v) the Committee on Commerce, Science, and 
                        Transportation of the Senate;
                            (vi) the Committee on Energy and Commerce 
                        of the House of Representatives;
                            (vii) the Committee on Health, Education, 
                        Labor, and Pensions of the Senate;
                            (viii) the Committee on Education and the 
                        Workforce of the House of Representatives;
                            (ix) the President; and
                            (x) relevant Federal and State agencies.
                    (B) Information included.--The report submitted 
                under subparagraph (A) shall include, at a minimum--
                            (i) an analysis and conclusion of the cause 
                        of the Aliso Canyon natural gas leak;
                            (ii) an analysis of measures taken to stop 
                        the natural gas leak, with an immediate focus 
                        on other, more effective measures that could be 
                        taken;
                            (iii) an assessment of the impact of the 
                        natural gas leak on health, safety, the 
                        environment, and the economy of the residents 
                        and property surrounding Aliso Canyon;
                            (iv) an analysis of how Federal and State 
                        agencies responded to the natural gas leak;
                            (v) in order to lessen the negative impacts 
                        of natural gas leaks, recommendations on how to 
                        improve--
                                    (I) the response to a future leak; 
                                and
                                    (II) coordination between all 
                                appropriate Federal, State, and local 
                                agencies in the response to the Aliso 
                                Canyon natural gas leak and future 
                                natural gas leaks;
                            (vi) an analysis of the potential for a 
                        similar natural gas leak to occur at other 
                        underground natural gas storage facilities in 
                        the United States;
                            (vii) recommendations on how to prevent any 
                        future natural gas leaks;
                            (viii) recommendations on whether to 
                        continue operations at Aliso Canyon and other 
                        facilities in close proximity to residential 
                        populations based on an assessment of the risk 
                        of a future natural gas leak;
                            (ix) a recommendation on information that 
                        is not currently collected but that would be in 
                        the public interest to collect and distribute 
                        to agencies and institutions for the continued 
                        study and monitoring of natural gas 
                        infrastructure in the United States;
                            (x) an analysis of the impact of the Aliso 
                        Canyon natural gas leak on wholesale and retail 
                        electricity prices; and
                            (xi) an analysis of the impact of the Aliso 
                        Canyon natural gas leak on the reliability of 
                        the bulk-power system.
            (2) Publication.--The interim reports and recommendations 
        under paragraph (1) and the final report under paragraph (2) 
        shall be made available to the public in an electronically 
        accessible format.
            (3) If, before the final report is submitted under 
        paragraph (1) the task force finds methods to solve the natural 
        gas leak at Aliso Canyon; better protect the affected 
        communities; or finds methods to help prevent other leaks, they 
        must immediately issue such findings to the same entities that 
        are to receive the final report.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section such sums as may be necessary.

SEC. 3108. REPORT ON INCORPORATING INTERNET-BASED LEASE SALES.

    Not later than 180 days after the date of enactment of this Act, 
the Secretary of the Interior shall submit to Congress a report 
containing recommendations for the incorporation of Internet-based 
lease sales at the Bureau of Land Management in accordance with section 
17(b)(1)(C) of the Mineral Leasing Act (30 U.S.C. 226(b)(1)(C)) in the 
event of an emergency or other disruption causing a disruption to a 
sale.

SEC. 3109. DENALI NATIONAL PARK AND PRESERVE NATURAL GAS PIPELINE.

    (a) Permit.--Section 3(b)(1) of the Denali National Park 
Improvement Act (Public Law 113-33; 127 Stat. 516) is amended by 
striking ``within, along, or near the approximately 7-mile segment of 
the George Parks Highway that runs through the Park''.
    (b) Terms and Conditions.--Section 3(c)(1) of the Denali National 
Park Improvement Act (Public Law 113-33; 127 Stat. 516) is amended--
            (1) in subparagraph (A), by inserting ``and'' after the 
        semicolon;
            (2) by striking subparagraph (B); and
            (3) by redesignating subparagraph (C) as subparagraph (B).
    (c) Applicable Law.--Section 3 of the Denali National Park 
Improvement Act (Public Law 113-33; 127 Stat. 515) is amended by adding 
at the end the following:
    ``(d) Applicable Law.--A high pressure gas transmission pipeline 
(including appurtenances) in a nonwilderness area within the boundary 
of the Park, shall not be subject to title XI of the Alaska National 
Interest Lands Conservation Act (16 U.S.C. 3161 et seq.).''.

                           Subtitle C--Helium

SEC. 3201. RIGHTS TO HELIUM.

    (a) Definition of Helium-related Project.--The term ``helium-
related project'' means a project--
            (1) to explore or produce crude helium; and
            (2) to sell crude or refined helium.
    (b) Expedited Completion.--Notwithstanding any other provision of 
law, applicable environmental reviews under the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321 et seq.) for helium-related projects 
shall be completed on an expeditious basis and the shortest existing 
applicable process under that Act shall be used for such projects.
    (c) Repeal of Reservation of Helium Rights.--The first section of 
the Mineral Leasing Act (30 U.S.C. 181) is amended by striking the 
flush text that follows the last undesignated subsection.
    (d) Rights to Helium Under Leases Under Mineral Leasing Act for 
Acquired Lands.--The Mineral Leasing Act for Acquired Lands (30 U.S.C. 
351 et seq.) is amended by adding at the end the following:

``SEC. 12. RIGHTS TO HELIUM.

    ``Any lease issued under this Act that authorizes exploration for, 
or development or production of, gas shall be considered to grant to 
the lessee a right of first refusal to engage in exploration for, and 
development and production of, helium on land that is subject to the 
lease in accordance with regulations issued by the Secretary.''.

                     Subtitle D--Critical Minerals

SEC. 3301. DEFINITIONS.

    In this subtitle:
            (1) Critical mineral.--
                    (A) In general.--The term ``critical mineral'' 
                means any mineral, element, substance, or material 
                designated as critical pursuant to section 3303.
                    (B) Exclusions.--The term ``critical mineral'' does 
                not include--
                            (i) fuel minerals, including oil, natural 
                        gas, or any other fossil fuels; or
                            (ii) water, ice, or snow.
            (2) Critical mineral manufacturing.--The term ``critical 
        mineral manufacturing'' means--
                    (A) the production, processing, refining, alloying, 
                separation, concentration, magnetic sintering, melting, 
                or beneficiation of critical minerals within the United 
                States;
                    (B) the fabrication, assembly, or production, 
                within the United States, of equipment, components, or 
                other goods with energy technology-, defense-, 
                agriculture-, consumer electronics-, or health care-
                related applications; or
                    (C) any other value-added, manufacturing-related 
                use of critical minerals undertaken within the United 
                States.
            (3) Indian tribe.--The term ``Indian tribe'' has the 
        meaning given the term in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 450b).
            (4) State.--The term ``State'' means--
                    (A) a State;
                    (B) the District of Columbia;
                    (C) the Commonwealth of Puerto Rico;
                    (D) Guam;
                    (E) American Samoa;
                    (F) the Commonwealth of the Northern Mariana 
                Islands; and
                    (G) the United States Virgin Islands.

SEC. 3302. POLICY.

    (a) In General.--Section 3 of the National Materials and Minerals 
Policy, Research and Development Act of 1980 (30 U.S.C. 1602) is 
amended in the second sentence--
            (1) by striking paragraph (3) and inserting the following:
            ``(3) establish an analytical and forecasting capability 
        for identifying critical mineral demand, supply, and other 
        factors to allow informed actions to be taken to avoid supply 
        shortages, mitigate price volatility, and prepare for demand 
        growth and other market shifts;'';
            (2) in paragraph (6), by striking ``and'' after the 
        semicolon at the end; and
            (3) by striking paragraph (7) and inserting the following:
            ``(7) encourage Federal agencies to facilitate the 
        availability, development, and environmentally responsible 
        production of domestic resources to meet national material or 
        critical mineral needs;
            ``(8) avoid duplication of effort, prevent unnecessary 
        paperwork, and minimize delays in the administration of 
        applicable laws (including regulations) and the issuance of 
        permits and authorizations necessary to explore for, develop, 
        and produce critical minerals and to construct critical mineral 
        manufacturing facilities in accordance with applicable 
        environmental and land management laws;
            ``(9) strengthen educational and research capabilities and 
        workforce training;
            ``(10) bolster international cooperation through technology 
        transfer, information sharing, and other means;
            ``(11) promote the efficient production, use, and recycling 
        of critical minerals;
            ``(12) develop alternatives to critical minerals; and
            ``(13) establish contingencies for the production of, or 
        access to, critical minerals for which viable sources do not 
        exist within the United States.''.
    (b) Conforming Amendment.--Section 2(b) of the National Materials 
and Minerals Policy, Research and Development Act of 1980 (30 U.S.C. 
1601(b)) is amended by striking ``(b) As used in this Act, the term'' 
and inserting the following:
    ``(b) Definitions.--In this Act:
            ``(1) Critical mineral.--The term `critical mineral' means 
        any mineral or element designated as a critical mineral 
        pursuant to section 3303 of the Energy Policy Modernization Act 
        of 2016.
            ``(2) Materials.--The term''.

SEC. 3303. CRITICAL MINERAL DESIGNATIONS.

    (a) Draft Methodology.--Not later than 90 days after the date of 
enactment of this Act, the Secretary of the Interior (acting through 
the Director of the United States Geological Survey) (referred to in 
this subtitle as the ``Secretary''), in consultation with relevant 
Federal agencies and entities, shall publish in the Federal Register 
for public comment a draft methodology for determining which minerals 
qualify as critical minerals based on an assessment of whether the 
minerals are--
            (1) subject to potential supply restrictions (including 
        restrictions associated with foreign political risk, abrupt 
        demand growth, military conflict, violent unrest, anti-
        competitive or protectionist behaviors, and other risks 
        throughout the supply chain); and
            (2) important in use (including energy technology-, 
        defense-, currency-, agriculture-, consumer electronics-, and 
        health care-related applications).
    (b) Availability of Data.--If available data is insufficient to 
provide a quantitative basis for the methodology developed under this 
section, qualitative evidence may be used to the extent necessary.
    (c) Final Methodology.--After reviewing public comments on the 
draft methodology under subsection (a) and updating the draft 
methodology as appropriate, not later than 270 days after the date of 
enactment of this Act, the Secretary shall publish in the Federal 
Register a description of the final methodology for determining which 
minerals qualify as critical minerals.
    (d) Designations.--
            (1) In general.--For purposes of carrying out this 
        subtitle, the Secretary shall maintain a list of minerals and 
        elements designated as critical, pursuant to the methodology 
        under subsection (c).
            (2) Initial list.--Subject to paragraph (1), not later than 
        1 year after the date of enactment of this Act, the Secretary 
        shall publish in the Federal Register an initial list of 
        minerals designated as critical pursuant to the final 
        methodology under subsection (c) for the purpose of carrying 
        out this subtitle.
            (3) Inclusions.--Notwithstanding the criteria under 
        subsection (c), the Secretary may designate and include on the 
        list any mineral or element determined by another Federal 
        agency to be strategic and critical to the defense or national 
        security of the United States.
    (e) Subsequent Review.--
            (1) In general.--The Secretary shall review the methodology 
        and designations under subsections (c) and (d) at least every 3 
        years, or more frequently as the Secretary considers to be 
        appropriate.
            (2) Revisions.--Subject to subsection (d)(1), the Secretary 
        may--
                    (A) revise the methodology described in this 
                section;
                    (B) determine that minerals or elements previously 
                determined to be critical minerals are no longer 
                critical minerals; and
                    (C) designate additional minerals or elements as 
                critical minerals.
    (f) Notice.--On finalization of the methodology under subsection 
(c), the list under subsection (d), or any revision to the methodology 
or list under subsection (e), the Secretary shall submit to Congress 
written notice of the action.

SEC. 3304. RESOURCE ASSESSMENT.

    (a) In General.--Not later than 4 years after the date of enactment 
of this Act, in consultation with applicable State (including 
geological surveys), local, academic, industry, and other entities, the 
Secretary shall complete a comprehensive national assessment of each 
critical mineral that--
            (1) identifies and quantifies known critical mineral 
        resources, using all available public and private information 
        and datasets, including exploration histories; and
            (2) provides a quantitative and qualitative assessment of 
        undiscovered critical mineral resources throughout the United 
        States, including probability estimates of tonnage and grade, 
        using all available public and private information and 
        datasets, including exploration histories.
    (b) Supplementary Information.--In carrying out this section, the 
Secretary may carry out surveys and field work (including drilling, 
remote sensing, geophysical surveys, geological mapping, and 
geochemical sampling and analysis) to supplement existing information 
and datasets available for determining the existence of critical 
minerals in the United States.
    (c) Technical Assistance.--At the request of the Governor of a 
State or the head of an Indian tribe, the Secretary may provide 
technical assistance to State governments and Indian tribes conducting 
critical mineral resource assessments on non-Federal land.
    (d) Prioritization.--
            (1) In general.--The Secretary may sequence the completion 
        of resource assessments for each critical mineral such that 
        critical minerals considered to be most critical under the 
        methodology established under section 3303 are completed first.
            (2) Reporting.--During the period beginning not later than 
        1 year after the date of enactment of this Act and ending on 
        the date of completion of all of the assessments required under 
        this section, the Secretary shall submit to Congress on an 
        annual basis an interim report that--
                    (A) identifies the sequence and schedule for 
                completion of the assessments if the Secretary 
                sequences the assessments; or
                    (B) describes the progress of the assessments if 
                the Secretary does not sequence the assessments.
    (e) Updates.--The Secretary may periodically update the assessments 
conducted under this section based on--
            (1) the generation of new information or datasets by the 
        Federal Government; or
            (2) the receipt of new information or datasets from 
        critical mineral producers, State geological surveys, academic 
        institutions, trade associations, or other persons.
    (f) Additional Surveys.--The Secretary shall complete a resource 
assessment for each additional mineral or element subsequently 
designated as a critical mineral under section 3303(e)(2) not later 
than 2 years after the designation of the mineral or element.
    (g) Report.--Not later than 2 years after the date of enactment of 
this Act, the Secretary shall submit to Congress a report describing 
the status of geological surveying of Federal land for any mineral 
commodity--
            (1) for which the United States was dependent on a foreign 
        country for more than 25 percent of the United States supply, 
        as depicted in the report issued by the United States 
        Geological Survey entitled ``Mineral Commodity Summaries 
        2015''; but
            (2) that is not designated as a critical mineral under 
        section 3303.

SEC. 3305. PERMITTING.

    (a) Performance Improvements.--To improve the quality and 
timeliness of decisions, the Secretary (acting through the Director of 
the Bureau of Land Management) and the Secretary of Agriculture (acting 
through the Chief of the Forest Service) (referred to in this section 
as the ``Secretaries'') shall, to the maximum extent practicable, with 
respect to critical mineral production on Federal land, complete 
Federal permitting and review processes with maximum efficiency and 
effectiveness, while supporting vital economic growth, by--
            (1) establishing and adhering to timelines and schedules 
        for the consideration of, and final decisions regarding, 
        applications, operating plans, leases, licenses, permits, and 
        other use authorizations for mineral-related activities on 
        Federal land;
            (2) establishing clear, quantifiable, and temporal 
        permitting performance goals and tracking progress against 
        those goals;
            (3) engaging in early collaboration among agencies, project 
        sponsors, and affected stakeholders--
                    (A) to incorporate and address the interests of 
                those parties; and
                    (B) to minimize delays;
            (4) ensuring transparency and accountability by using cost-
        effective information technology to collect and disseminate 
        information regarding individual projects and agency 
        performance;
            (5) engaging in early and active consultation with State, 
        local, and Indian tribal governments to avoid conflicts or 
        duplication of effort, resolve concerns, and allow for 
        concurrent, rather than sequential, reviews;
            (6) providing demonstrable improvements in the performance 
        of Federal permitting and review processes, including lower 
        costs and more timely decisions;
            (7) expanding and institutionalizing permitting and review 
        process improvements that have proven effective;
            (8) developing mechanisms to better communicate priorities 
        and resolve disputes among agencies at the national, regional, 
        State, and local levels; and
            (9) developing other practices, such as preapplication 
        procedures.
    (b) Review and Report.--Not later than 1 year after the date of 
enactment of this Act, the Secretaries shall submit to Congress a 
report that--
            (1) identifies additional measures (including regulatory 
        and legislative proposals, as appropriate) that would increase 
        the timeliness of permitting activities for the exploration and 
        development of domestic critical minerals;
            (2) identifies options (including cost recovery paid by 
        permit applicants) for ensuring adequate staffing and training 
        of Federal entities and personnel responsible for the 
        consideration of applications, operating plans, leases, 
        licenses, permits, and other use authorizations for critical 
        mineral-related activities on Federal land;
            (3) quantifies the amount of time typically required 
        (including range derived from minimum and maximum durations, 
        mean, median, variance, and other statistical measures or 
        representations) to complete each step (including those aspects 
        outside the control of the executive branch, such as judicial 
        review, applicant decisions, or State and local government 
        involvement) associated with the development and processing of 
        applications, operating plans, leases, licenses, permits, and 
        other use authorizations for critical mineral-related 
        activities on Federal land, which shall serve as a baseline for 
        the performance metric under subsection (c); and
            (4) describes actions carried out pursuant to subsection 
        (a).
    (c) Performance Metric.--Not later than 90 days after the date of 
submission of the report under subsection (b), the Secretaries, after 
providing public notice and an opportunity to comment, shall develop 
and publish a performance metric for evaluating the progress made by 
the executive branch to expedite the permitting of activities that will 
increase exploration for, and development of, domestic critical 
minerals, while maintaining environmental standards.
    (d) Annual Reports.--Beginning with the first budget submission by 
the President under section 1105 of title 31, United States Code, after 
publication of the performance metric required under subsection (c), 
and annually thereafter, the Secretaries shall submit to Congress a 
report that--
            (1) summarizes the implementation of recommendations, 
        measures, and options identified in paragraphs (1) and (2) of 
        subsection (b);
            (2) using the performance metric under subsection (c), 
        describes progress made by the executive branch, as compared to 
        the baseline established pursuant to subsection (b)(3), on 
        expediting the permitting of activities that will increase 
        exploration for, and development of, domestic critical 
        minerals; and
            (3) compares the United States to other countries in terms 
        of permitting efficiency and any other criteria relevant to the 
        globally competitive critical minerals industry.
    (e) Individual Projects.--Using data from the Secretaries generated 
under subsection (d), the Director of the Office of Management and 
Budget shall prioritize inclusion of individual critical mineral 
projects on the website operated by the Office of Management and Budget 
in accordance with section 1122 of title 31, United States Code.
    (f) Report of Small Business Administration.--Not later than 1 year 
and 300 days after the date of enactment of this Act, the Administrator 
of the Small Business Administration shall submit to the applicable 
committees of Congress a report that assesses the performance of 
Federal agencies with respect to--
            (1) complying with chapter 6 of title 5, United States Code 
        (commonly known as the ``Regulatory Flexibility Act''), in 
        promulgating regulations applicable to the critical minerals 
        industry; and
            (2) performing an analysis of regulations applicable to the 
        critical minerals industry that may be outmoded, inefficient, 
        duplicative, or excessively burdensome.

SEC. 3306. FEDERAL REGISTER PROCESS.

    (a) Departmental Review.--Absent any extraordinary circumstance, 
and except as otherwise required by law, the Secretary and the 
Secretary of Agriculture shall ensure that each Federal Register notice 
described in subsection (b) shall be--
            (1) subject to any required reviews within the Department 
        of the Interior or the Department of Agriculture; and
            (2) published in final form in the Federal Register not 
        later than 45 days after the date of initial preparation of the 
        notice.
    (b) Preparation.--The preparation of Federal Register notices 
required by law associated with the issuance of a critical mineral 
exploration or mine permit shall be delegated to the organizational 
level within the agency responsible for issuing the critical mineral 
exploration or mine permit.
    (c) Transmission.--All Federal Register notices regarding official 
document availability, announcements of meetings, or notices of intent 
to undertake an action shall be originated in, and transmitted to the 
Federal Register from, the office in which, as applicable--
            (1) the documents or meetings are held; or
            (2) the activity is initiated.

SEC. 3307. RECYCLING, EFFICIENCY, AND ALTERNATIVES.

    (a) Establishment.--The Secretary of Energy (referred to in this 
section as the ``Secretary'') shall conduct a program of research and 
development--
            (1) to promote the efficient production, use, and recycling 
        of critical minerals throughout the supply chain; and
            (2) to develop alternatives to critical minerals that do 
        not occur in significant abundance in the United States.
    (b) Cooperation.--In carrying out the program, the Secretary shall 
cooperate with appropriate--
            (1) Federal agencies and National Laboratories;
            (2) critical mineral producers;
            (3) critical mineral processors;
            (4) critical mineral manufacturers;
            (5) trade associations;
            (6) academic institutions;
            (7) small businesses; and
            (8) other relevant entities or individuals.
    (c) Activities.--Under the program, the Secretary shall carry out 
activities that include the identification and development of--
            (1) advanced critical mineral extraction, production, 
        separation, alloying, or processing technologies that decrease 
        the energy consumption, environmental impact, and costs of 
        those activities, including--
                    (A) efficient water and wastewater management 
                strategies;
                    (B) technologies and management strategies to 
                control the environmental impacts of radionuclides in 
                ore tailings; and
                    (C) technologies for separation and processing;
            (2) technologies or process improvements that minimize the 
        use, or lead to more efficient use, of critical minerals across 
        the full supply chain;
            (3) technologies, process improvements, or design 
        optimizations that facilitate the recycling of critical 
        minerals, and options for improving the rates of collection of 
        products and scrap containing critical minerals from post-
        consumer, industrial, or other waste streams;
            (4) commercial markets, advanced storage methods, energy 
        applications, and other beneficial uses of critical minerals 
        processing byproducts;
            (5) alternative minerals, metals, and materials, 
        particularly those available in abundance within the United 
        States and not subject to potential supply restrictions, that 
        lessen the need for critical minerals; and
            (6) alternative energy technologies or alternative designs 
        of existing energy technologies, particularly those that use 
        minerals that--
                    (A) occur in abundance in the United States; and
                    (B) are not subject to potential supply 
                restrictions.
    (d) Reports.--Not later than 2 years after the date of enactment of 
this Act, and annually thereafter, the Secretary shall submit to 
Congress a report summarizing the activities, findings, and progress of 
the program.

SEC. 3308. ANALYSIS AND FORECASTING.

    (a) Capabilities.--In order to evaluate existing critical mineral 
policies and inform future actions that may be taken to avoid supply 
shortages, mitigate price volatility, and prepare for demand growth and 
other market shifts, the Secretary, in consultation with the Energy 
Information Administration, academic institutions, and others in order 
to maximize the application of existing competencies related to 
developing and maintaining computer-models and similar analytical 
tools, shall conduct and publish the results of an annual report that 
includes--
            (1) as part of the annually published Mineral Commodity 
        Summaries from the United States Geological Survey, a 
        comprehensive review of critical mineral production, 
        consumption, and recycling patterns, including--
                    (A) the quantity of each critical mineral 
                domestically produced during the preceding year;
                    (B) the quantity of each critical mineral 
                domestically consumed during the preceding year;
                    (C) market price data or other price data for each 
                critical mineral;
                    (D) an assessment of--
                            (i) critical mineral requirements to meet 
                        the national security, energy, economic, 
                        industrial, technological, and other needs of 
                        the United States during the preceding year;
                            (ii) the reliance of the United States on 
                        foreign sources to meet those needs during the 
                        preceding year; and
                            (iii) the implications of any supply 
                        shortages, restrictions, or disruptions during 
                        the preceding year;
                    (E) the quantity of each critical mineral 
                domestically recycled during the preceding year;
                    (F) the market penetration during the preceding 
                year of alternatives to each critical mineral;
                    (G) a discussion of international trends associated 
                with the discovery, production, consumption, use, costs 
                of production, prices, and recycling of each critical 
                mineral as well as the development of alternatives to 
                critical minerals; and
                    (H) such other data, analyses, and evaluations as 
                the Secretary finds are necessary to achieve the 
                purposes of this section; and
            (2) a comprehensive forecast, entitled the ``Annual 
        Critical Minerals Outlook'', of projected critical mineral 
        production, consumption, and recycling patterns, including--
                    (A) the quantity of each critical mineral projected 
                to be domestically produced over the subsequent 1-year, 
                5-year, and 10-year periods;
                    (B) the quantity of each critical mineral projected 
                to be domestically consumed over the subsequent 1-year, 
                5-year, and 10-year periods;
                    (C) an assessment of--
                            (i) critical mineral requirements to meet 
                        projected national security, energy, economic, 
                        industrial, technological, and other needs of 
                        the United States;
                            (ii) the projected reliance of the United 
                        States on foreign sources to meet those needs; 
                        and
                            (iii) the projected implications of 
                        potential supply shortages, restrictions, or 
                        disruptions;
                    (D) the quantity of each critical mineral projected 
                to be domestically recycled over the subsequent 1-year, 
                5-year, and 10-year periods;
                    (E) the market penetration of alternatives to each 
                critical mineral projected to take place over the 
                subsequent 1-year, 5-year, and 10-year periods;
                    (F) a discussion of reasonably foreseeable 
                international trends associated with the discovery, 
                production, consumption, use, costs of production, and 
                recycling of each critical mineral as well as the 
                development of alternatives to critical minerals; and
                    (G) such other projections relating to each 
                critical mineral as the Secretary determines to be 
                necessary to achieve the purposes of this section.
    (b) Proprietary Information.--In preparing a report described in 
subsection (a), the Secretary shall ensure, consistent with section 
5(f) of the National Materials and Minerals Policy, Research and 
Development Act of 1980 (30 U.S.C. 1604(f)), that--
            (1) no person uses the information and data collected for 
        the report for a purpose other than the development of or 
        reporting of aggregate data in a manner such that the identity 
        of the person or firm who supplied the information is not 
        discernible and is not material to the intended uses of the 
        information;
            (2) no person discloses any information or data collected 
        for the report unless the information or data has been 
        transformed into a statistical or aggregate form that does not 
        allow the identification of the person or firm who supplied 
        particular information; and
            (3) procedures are established to require the withholding 
        of any information or data collected for the report if the 
        Secretary determines that withholding is necessary to protect 
        proprietary information, including any trade secrets or other 
        confidential information.

SEC. 3309. EDUCATION AND WORKFORCE.

    (a) Workforce Assessment.--Not later than 1 year and 300 days after 
the date of enactment of this Act, the Secretary of Labor (in 
consultation with the Secretary, the Director of the National Science 
Foundation, institutions of higher education with substantial expertise 
in mining, institutions of higher education with significant expertise 
in minerals research, including fundamental research into alternatives, 
and employers in the critical minerals sector) shall submit to Congress 
an assessment of the domestic availability of technically trained 
personnel necessary for critical mineral exploration, development, 
assessment, production, manufacturing, recycling, analysis, 
forecasting, education, and research, including an analysis of--
            (1) skills that are in the shortest supply as of the date 
        of the assessment;
            (2) skills that are projected to be in short supply in the 
        future;
            (3) the demographics of the critical minerals industry and 
        how the demographics will evolve under the influence of factors 
        such as an aging workforce;
            (4) the effectiveness of training and education programs in 
        addressing skills shortages;
            (5) opportunities to hire locally for new and existing 
        critical mineral activities;
            (6) the sufficiency of personnel within relevant areas of 
        the Federal Government for achieving the policies described in 
        section 3 of the National Materials and Minerals Policy, 
        Research and Development Act of 1980 (30 U.S.C. 1602); and
            (7) the potential need for new training programs to have a 
        measurable effect on the supply of trained workers in the 
        critical minerals industry.
    (b) Curriculum Study.--
            (1) In general.--The Secretary and the Secretary of Labor 
        shall jointly enter into an arrangement with the National 
        Academy of Sciences and the National Academy of Engineering 
        under which the Academies shall coordinate with the National 
        Science Foundation on conducting a study--
                    (A) to design an interdisciplinary program on 
                critical minerals that will support the critical 
                mineral supply chain and improve the ability of the 
                United States to increase domestic, critical mineral 
                exploration, development, production, manufacturing, 
                research, including fundamental research into 
                alternatives, and recycling;
                    (B) to address undergraduate and graduate 
                education, especially to assist in the development of 
                graduate level programs of research and instruction 
                that lead to advanced degrees with an emphasis on the 
                critical mineral supply chain or other positions that 
                will increase domestic, critical mineral exploration, 
                development, production, manufacturing, research, 
                including fundamental research into alternatives, and 
                recycling;
                    (C) to develop guidelines for proposals from 
                institutions of higher education with substantial 
                capabilities in the required disciplines for activities 
                to improve the critical mineral supply chain and 
                advance the capacity of the United States to increase 
                domestic, critical mineral exploration, research, 
                development, production, manufacturing, and recycling; 
                and
                    (D) to outline criteria for evaluating performance 
                and recommendations for the amount of funding that will 
                be necessary to establish and carry out the program 
                described in subsection (c).
            (2) Report.--Not later than 2 years after the date of 
        enactment of this Act, the Secretary shall submit to Congress a 
        description of the results of the study required under 
        paragraph (1).
    (c) Program.--
            (1) Establishment.--The Secretary and the Secretary of 
        Labor shall jointly conduct a competitive grant program under 
        which institutions of higher education may apply for and 
        receive 4-year grants for--
                    (A) startup costs for newly designated faculty 
                positions in integrated critical mineral education, 
                research, innovation, training, and workforce 
                development programs consistent with subsection (b);
                    (B) internships, scholarships, and fellowships for 
                students enrolled in programs related to critical 
                minerals;
                    (C) equipment necessary for integrated critical 
                mineral innovation, training, and workforce development 
                programs; and
                    (D) research of critical minerals and their 
                applications, particularly concerning the manufacture 
                of critical components vital to national security.
            (2) Renewal.--A grant under this subsection shall be 
        renewable for up to 2 additional 3-year terms based on 
        performance criteria outlined under subsection (b)(1)(D).

SEC. 3310. NATIONAL GEOLOGICAL AND GEOPHYSICAL DATA PRESERVATION 
              PROGRAM.

    Section 351(k) of the Energy Policy Act of 2005 (42 U.S.C. 
15908(k)) is amended by striking ``$30,000,000 for each of fiscal years 
2006 through 2010'' and inserting ``$5,000,000 for each of fiscal years 
2017 through 2026, to remain available until expended''.

SEC. 3311. ADMINISTRATION.

    (a) In General.--The National Critical Materials Act of 1984 (30 
U.S.C. 1801 et seq.) is repealed.
    (b) Conforming Amendment.--Section 3(d) of the National 
Superconductivity and Competitiveness Act of 1988 (15 U.S.C. 5202(d)) 
is amended in the first sentence by striking ``, with the assistance of 
the National Critical Materials Council as specified in the National 
Critical Materials Act of 1984 (30 U.S.C. 1801 et seq.),''.
    (c) Savings Clauses.--
            (1) In general.--Nothing in this subtitle or an amendment 
        made by this subtitle modifies any requirement or authority 
        provided by--
                    (A) the matter under the heading ``geological 
                survey'' of the first section of the Act of March 3, 
                1879 (43 U.S.C. 31(a)); or
                    (B) the first section of Public Law 87-626 (43 
                U.S.C. 31(b)).
            (2) Secretarial order not affected.--This subtitle shall 
        not apply to any mineral described in Secretarial Order No. 
        3324, issued by the Secretary of the Interior on December 3, 
        2012, in any area to which the order applies.

SEC. 3312. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated to carry out this subtitle 
$50,000,000 for each of fiscal years 2017 through 2026.

                            Subtitle E--Coal

SEC. 3401. SENSE OF THE SENATE ON CARBON CAPTURE, USE, AND STORAGE 
              DEVELOPMENT AND DEPLOYMENT.

    It is the sense of the Senate that--
            (1) carbon capture, use, and storage deployment is--
                    (A) an important part of the clean energy future 
                and smart research and development investments of the 
                United States; and
                    (B) critical--
                            (i) to increasing the energy security of 
                        the United States;
                            (ii) to reducing emissions; and
                            (iii) to maintaining a diverse and reliable 
                        energy resource;
            (2) the fossil energy programs of the Department should 
        continue to focus on research and development of technologies 
        that will improve the capture, transportation, use (including 
        for the production through biofixation of carbon-containing 
        products), and injection processes essential for carbon 
        capture, use, and storage activities in the electrical and 
        industrial sectors;
            (3) the Secretary should continue to partner with the 
        private sector and explore avenues to bring down the cost of 
        carbon capture, including through loans, grants, and 
        sequestration credits to help make carbon capture, use, and 
        storage technologies more competitive compared to other 
        technologies that are a part of the clean energy future of the 
        United States; and
            (4) the Secretary should continue working with 
        international partners on pre-existing agreements, projects, 
        and information sharing activities of the Secretary to develop 
        the latest and most cutting-edge carbon capture, use, and 
        storage technologies for the electrical and industrial sectors.

SEC. 3402. FOSSIL ENERGY.

    Section 961(a) of the Energy Policy Act of 2005 (42 U.S.C. 
16291(a)) is amended by adding at the end the following:
            ``(8) Improving the conversion, use, and storage of carbon 
        dioxide produced from fossil fuels.''.

SEC. 3403. ESTABLISHMENT OF COAL TECHNOLOGY PROGRAM.

    (a) Repeals.--
            (1) In general.--
                    (A) Sections 962 and 963 of the Energy Policy Act 
                of 2005 (42 U.S.C. 16292, 16293) are repealed.
                    (B) Subtitle A of title IV of the Energy Policy Act 
                of 2005 (42 U.S.C. 15961 et seq.) is repealed.
            (2) Savings clause.--Notwithstanding the amendments made by 
        paragraph (1), the Secretary shall continue to manage any 
        program activities that are outstanding as of the date of 
        enactment of this Act under the terms and conditions of 
        sections 962 and 963 of the Energy Policy Act of 2005 (42 
        U.S.C. 16292, 16293) or subtitle A of title IV of the Energy 
        Policy Act of 2005 (42 U.S.C. 15961 et seq.) (as in effect on 
        the day before the date of enactment of this Act), as 
        applicable.
            (3) Conforming amendments.--
                    (A) Section 703(a)(3) of the Energy Independence 
                and Security Act of 2007 (42 U.S.C. 17251(a)(3)) is 
                amended--
                            (i) in the matter preceding subparagraph 
                        (A), by striking the first and second 
                        sentences; and
                            (ii) in subparagraph (B), by striking 
                        ``including'' in the matter preceding clause 
                        (i) and all that follows through the period at 
                        the end and inserting ``, including such 
                        geologic sequestration projects as are approved 
                        by the Secretary''.
                    (B) Section 704 of the Energy Independence and 
                Security Act of 2007 (42 U.S.C. 17252) is amended in 
                the first sentence by striking ``under section 
                963(c)(3) of the Energy Policy Act of 2005 (42 U.S.C. 
                16293(c)(3)), as added by section 702 of this subtitle, 
                and''.
    (b) Establishment of Coal Technology Program.--The Energy Policy 
Act of 2005 (as amended by subsection (a)) is amended by inserting 
after section 961 (42 U.S.C. 16291) the following:

``SEC. 962. COAL TECHNOLOGY PROGRAM.

    ``(a) Definitions.--In this section:
            ``(1) Large-scale pilot project.--The term `large-scale 
        pilot project' means a pilot project that--
                    ``(A) represents the scale of technology 
                development beyond laboratory development and bench 
                scale testing, but not yet advanced to the point of 
                being tested under real operational conditions at 
                commercial scale;
                    ``(B) represents the scale of technology necessary 
                to gain the operational data needed to understand the 
                technical and performance risks of the technology 
                before the application of that technology at commercial 
                scale or in commercial-scale demonstration; and
                    ``(C) is large enough--
                            ``(i) to validate scaling factors; and
                            ``(ii) to demonstrate the interaction 
                        between major components so that control 
                        philosophies for a new process can be developed 
                        and enable the technology to advance from 
                        large-scale pilot plant application to 
                        commercial-scale demonstration or application.
            ``(2) Net-negative carbon dioxide emissions project.--The 
        term `net-negative carbon dioxide emissions project' means a 
        project--
                    ``(A) that employs a technology for thermochemical 
                coconversion of coal and biomass fuels that--
                            ``(i) uses a carbon capture system; and
                            ``(ii) with carbon dioxide removal, can 
                        provide electricity, fuels, or chemicals with 
                        net-negative carbon dioxide emissions from 
                        production and consumption of the end products, 
                        while removing atmospheric carbon dioxide;
                    ``(B) that will proceed initially through a large-
                scale pilot project for which front-end engineering 
                will be performed for bituminous, subbituminous, and 
                lignite coals; and
                    ``(C) through which each use of coal will be 
                combined with the use of a regionally indigenous form 
                of biomass energy, provided on a renewable basis, that 
                is sufficient in quantity to allow for net-negative 
                emissions of carbon dioxide (in combination with a 
                carbon capture system), while avoiding impacts on food 
                production activities.
            ``(3) Program.--The term `program' means the program 
        established under subsection (b)(1).
            ``(4) Transformational technology.--
                    ``(A) In general.--The term `transformational 
                technology' means a power generation technology that 
                represents an entirely new way to convert energy that 
                will enable a step change in performance, efficiency, 
                and cost of electricity as compared to the technology 
                in existence on the date of enactment of this section.
                    ``(B) Inclusions.--The term `transformational 
                technology' includes a broad range of technology 
                improvements, including--
                            ``(i) thermodynamic improvements in energy 
                        conversion and heat transfer, including--
                                    ``(I) oxygen combustion;
                                    ``(II) chemical looping; and
                                    ``(III) the replacement of steam 
                                cycles with supercritical carbon 
                                dioxide cycles;
                            ``(ii) improvements in turbine technology;
                            ``(iii) improvements in carbon capture 
                        systems technology; and
                            ``(iv) any other technology the Secretary 
                        recognizes as transformational technology.
    ``(b) Coal Technology Program.--
            ``(1) In general.--The Secretary shall establish a coal 
        technology program to ensure the continued use of the abundant, 
        domestic coal resources of the United States through the 
        development of technologies that will significantly improve the 
        efficiency, effectiveness, costs, and environmental performance 
        of coal use.
            ``(2) Requirements.--The program shall include--
                    ``(A) a research and development program;
                    ``(B) large-scale pilot projects;
                    ``(C) demonstration projects; and
                    ``(D) net-negative carbon dioxide emissions 
                projects.
            ``(3) Program goals and objectives.--In consultation with 
        the interested entities described in paragraph (4)(C), the 
        Secretary shall develop goals and objectives for the program to 
        be applied to the technologies developed within the program, 
        taking into consideration the following objectives:
                    ``(A) Ensure reliable, low-cost power from new and 
                existing coal plants.
                    ``(B) Achieve high conversion efficiencies.
                    ``(C) Address emissions of carbon dioxide through 
                high-efficiency platforms and carbon capture from new 
                and existing coal plants.
                    ``(D) Support small-scale and modular technologies 
                to enable incremental capacity additions and load 
                growth and large-scale generation technologies.
                    ``(E) Support flexible baseload operations for new 
                and existing applications of coal generation.
                    ``(F) Further reduce emissions of criteria 
                pollutants and reduce the use and manage the discharge 
                of water in power plant operations.
                    ``(G) Accelerate the development of technologies 
                that have transformational energy conversion 
                characteristics.
                    ``(H) Validate geological storage of large volumes 
                of anthropogenic sources of carbon dioxide and support 
                the development of the infrastructure needed to support 
                a carbon dioxide use and storage industry.
                    ``(I) Examine methods of converting coal to other 
                valuable products and commodities in addition to 
                electricity.
            ``(4) Consultations required.--In carrying out the program, 
        the Secretary shall--
                    ``(A) undertake international collaborations, as 
                recommended by the National Coal Council;
                    ``(B) use existing authorities to encourage 
                international cooperation; and
                    ``(C) consult with interested entities, including--
                            ``(i) coal producers;
                            ``(ii) industries that use coal;
                            ``(iii) organizations that promote coal and 
                        advanced coal technologies;
                            ``(iv) environmental organizations;
                            ``(v) organizations representing workers; 
                        and
                            ``(vi) organizations representing 
                        consumers.
    ``(c) Report.--
            ``(1) In general.--Not later than 18 months after the date 
        of enactment of this section, the Secretary shall submit to 
        Congress a report describing the performance standards adopted 
        under subsection (b)(3).
            ``(2) Update.--Not less frequently than once every 2 years 
        after the initial report is submitted under paragraph (1), the 
        Secretary shall submit to Congress a report describing the 
        progress made towards achieving the objectives and performance 
        standards adopted under subsection (b)(3).
    ``(d) Funding.--
            ``(1) Authorization of appropriations.--There are 
        authorized to be appropriated to the Secretary to carry out 
        this section, to remain available until expended--
                    ``(A) for activities under the research and 
                development program component described in subsection 
                (b)(2)(A)--
                            ``(i) $275,000,000 for each of fiscal years 
                        2017 through 2020; and
                            ``(ii) $200,000,000 for fiscal year 2021;
                    ``(B) for activities under the demonstration 
                projects program component described in subsection 
                (b)(2)(C)--
                            ``(i) $50,000,000 for each of fiscal years 
                        2017 through 2020; and
                            ``(ii) $75,000,000 for fiscal year 2021;
                    ``(C) subject to paragraph (2), for activities 
                under the large-scale pilot projects program component 
                described in subsection (b)(2)(B), $285,000,000 for 
                each of fiscal years 2017 through 2021; and
                    ``(D) for activities under the net-negative carbon 
                dioxide emissions projects program component described 
                in subsection (b)(2)(D), $22,000,000 for each of fiscal 
                years 2017 through 2021.
            ``(2) Cost sharing for large-scale pilot projects.--
        Activities under subsection (b)(2)(B) shall be subject to the 
        cost-sharing requirements of section 988(b).''.

SEC. 3404. REPORT ON PRICE STABILIZATION SUPPORT.

    (a) Definition of Electric Generation Unit.--In this section, the 
term ``electric generation unit'' means an electric generation unit 
that--
            (1) uses coal-based generation technology; and
            (2) is capable of capturing carbon dioxide emissions from 
        the unit.
    (b) Report.--Not later than 180 days after the date of enactment of 
this Act, the Secretary shall prepare and submit to the appropriate 
committees of Congress a report--
            (1) on the benefits and costs of entering into long-term 
        binding contracts on behalf of the Federal Government with 
        qualified parties to provide price stabilization support for 
        certain industrial sources for capturing carbon dioxide from 
        electricity generated at an electric generation unit or carbon 
        dioxide captured from an electric generation unit and sold to a 
        purchaser for--
                    (A) the recovery of crude oil; or
                    (B) other purposes for which a commercial market 
                exists; and
            (2) that--
                    (A) contains an analysis of how the Department 
                would establish, implement, and maintain a contracting 
                program described in paragraph (1); and
                    (B) outlines options for how price stabilization 
                contracts may be structured and regulations that would 
                be necessary to implement a contracting program 
                described in paragraph (1).

                          Subtitle F--Nuclear

SEC. 3501. NUCLEAR ENERGY INNOVATION CAPABILITIES.

    (a) Definitions.--In this section:
            (1) Advanced fission reactor.--The term ``advanced fission 
        reactor'' means a nuclear fission reactor with significant 
        improvements over the most recent generation of nuclear 
        reactors, including improvements such as--
                    (A) inherent safety features;
                    (B) lower waste yields;
                    (C) greater fuel utilization;
                    (D) superior reliability;
                    (E) resistance to proliferation;
                    (F) increased thermal efficiency; and
                    (G) ability to integrate into electric and 
                nonelectric applications.
            (2) Fast neutron.--The term ``fast neutron'' means a 
        neutron with kinetic energy above 100 kiloelectron volts.
            (3) National laboratory.--
                    (A) In general.--Except as provided in subparagraph 
                (B), the term ``National Laboratory'' has the meaning 
                given the term in section 2 of the Energy Policy Act of 
                2005 (42 U.S.C. 15801).
                    (B) Limitation.--With respect to the Lawrence 
                Livermore National Laboratory, the Los Alamos National 
                Laboratory, and the Sandia National Laboratories, the 
                term ``National Laboratory'' means only the civilian 
                activities of the laboratory.
            (4) Neutron flux.--The term ``neutron flux'' means the 
        intensity of neutron radiation measured as a rate of flow of 
        neutrons applied over an area.
            (5) Neutron source.--The term ``neutron source'' means a 
        research machine that provides neutron irradiation services 
        for--
                    (A) research on materials sciences and nuclear 
                physics; and
                    (B) testing of advanced materials, nuclear fuels, 
                and other related components for reactor systems.
    (b) Mission.--Section 951 of the Energy Policy Act of 2005 (42 
U.S.C. 16271) is amended by striking subsection (a) and inserting the 
following:
    ``(a) In General.--The Secretary shall conduct programs of civilian 
nuclear research, development, demonstration, and commercial 
application, including activities described in this subtitle, that take 
into consideration the following objectives:
            ``(1) Providing research infrastructure--
                    ``(A) to promote scientific progress; and
                    ``(B) to enable users from academia, the National 
                Laboratories, and the private sector to make scientific 
                discoveries relevant for nuclear, chemical, and 
                materials science engineering.
            ``(2) Maintaining nuclear energy research and development 
        programs at the National Laboratories and institutions of 
        higher education, including programs of infrastructure of 
        National Laboratories and institutions of higher education.
            ``(3) Providing the technical means to reduce the 
        likelihood of nuclear weapons proliferation.
            ``(4) Ensuring public safety.
            ``(5) Reducing the environmental impact of nuclear energy-
        related activities.
            ``(6) Supporting technology transfer from the National 
        Laboratories to the private sector.
            ``(7) Enabling the private sector to partner with the 
        National Laboratories to demonstrate novel reactor concepts for 
        the purpose of resolving technical uncertainty associated with 
        the objectives described in this subsection.''.
    (c) Sense of Congress.--It is the sense of Congress that--
            (1) nuclear energy, through fission or fusion, represents 
        the highest energy density of any known attainable source and 
        yields low air emissions; and
            (2) considering the inherent complexity and regulatory 
        burden associated with nuclear energy, the Department should 
        focus civilian nuclear research and development activities of 
        the Department on programs that enable the private sector, 
        National Laboratories, and institutions of higher education to 
        carry out experiments to promote scientific progress and 
        enhance practical knowledge of nuclear engineering.
    (d) High-performance Computation and Supportive Research.--
            (1) Modeling and simulation program.--
                    (A) In general.--The Secretary shall carry out a 
                program to enhance the capabilities of the United 
                States to develop new reactor technologies and related 
                systems technologies through high-performance 
                computation modeling and simulation techniques 
                (referred to in this paragraph as the ``program'').
                    (B) Coordination required.--In carrying out the 
                program, the Secretary shall coordinate with relevant 
                Federal agencies through the National Strategic 
                Computing Initiative established by Executive Order 
                13702 (80 Fed. Reg. 46177) (July 29, 2015).
                    (C) Objectives.--In carrying out the program, the 
                Secretary shall take into consideration the following 
                objectives:
                            (i) Using expertise from the private 
                        sector, institutions of higher education, and 
                        National Laboratories to develop computational 
                        software and capabilities that prospective 
                        users may access to accelerate research and 
                        development of advanced fission reactor 
                        systems, nuclear fusion systems, and reactor 
                        systems for space exploration.
                            (ii) Developing computational tools to 
                        simulate and predict nuclear phenomena that may 
                        be validated through physical experimentation.
                            (iii) Increasing the utility of the 
                        research infrastructure of the Department by 
                        coordinating with the Advanced Scientific 
                        Computing Research program of the Office of 
                        Science.
                            (iv) Leveraging experience from the Energy 
                        Innovation Hub for Modeling and Simulation.
                            (v) Ensuring that new experimental and 
                        computational tools are accessible to relevant 
                        research communities, including private 
                        companies engaged in nuclear energy technology 
                        development.
            (2) Supportive research activities.--The Secretary shall 
        consider support for additional research activities to maximize 
        the utility of the research facilities of the Department, 
        including research--
                    (A) on physical processes to simulate degradation 
                of materials and behavior of fuel forms; and
                    (B) for validation of computational tools.
    (e) Versatile Neutron Source.--
            (1) Determination of mission need.--
                    (A) In general.--Not later than December 31, 2016, 
                the Secretary shall determine the mission need for a 
                versatile reactor-based fast neutron source, which 
                shall operate as a national user facility (referred to 
                in this subsection as the ``user facility'').
                    (B) Consultation required.--In carrying out 
                subparagraph (A), the Secretary shall consult with the 
                private sector, institutions of higher education, the 
                National Laboratories, and relevant Federal agencies to 
                ensure that the user facility will meet the research 
                needs of the largest possible majority of prospective 
                users.
            (2) Plan for establishment.--On the determination of the 
        mission need under paragraph (1), the Secretary, as 
        expeditiously as practicable, shall submit to the Committee on 
        Energy and Natural Resources of the Senate and the Committee on 
        Science, Space, and Technology of the House of Representatives 
        a detailed plan for the establishment of the user facility 
        (referred to in this section as the ``plan'').
            (3) Deadline for establishment.--The Secretary shall make 
        every effort to complete construction of, and approve the start 
        of operations for, the user facility by December 31, 2025.
            (4) Facility requirements.--
                    (A) Capabilities.--The Secretary shall ensure that 
                the user facility shall provide, at a minimum--
                            (i) fast neutron spectrum irradiation 
                        capability; and
                            (ii) capacity for upgrades to accommodate 
                        new or expanded research needs.
                    (B) Considerations.--In carrying out the plan, the 
                Secretary shall consider--
                            (i) capabilities that support experimental 
                        high-temperature testing;
                            (ii) providing a source of fast neutrons--
                                    (I) at a neutron flux that is 
                                higher than the neutron flux at which 
                                research facilities operate before 
                                establishment of the user facility; and
                                    (II) sufficient to enable research 
                                for an optimal base of prospective 
                                users;
                            (iii) maximizing irradiation flexibility 
                        and irradiation volume to accommodate as many 
                        concurrent users as possible;
                            (iv) capabilities for irradiation with 
                        neutrons of a lower energy spectrum;
                            (v) multiple loops for fuels and materials 
                        testing in different coolants; and
                            (vi) additional pre-irradiation and post-
                        irradiation examination capabilities.
            (5) Coordination.--In carrying out this subsection, the 
        Secretary shall leverage the best practices of the Office of 
        Science for the management, construction, and operation of 
        national user facilities.
            (6) Report.--The Secretary shall include in the annual 
        budget request of the Department an explanation for any delay 
        in carrying out this subsection.
    (f) Enabling Nuclear Energy Innovation.--
            (1) Establishment of national nuclear innovation center.--
        The Secretary may enter into a memorandum of understanding with 
        the Chairman of the Nuclear Regulatory Commission to establish 
        a center to be known as the ``National Nuclear Innovation 
        Center'' (referred to in this subsection as the ``Center'')--
                    (A) to enable the testing and demonstration of 
                reactor concepts to be proposed and funded, in whole or 
                in part, by the private sector;
                    (B) to establish and operate a database to store 
                and share data and knowledge on nuclear science between 
                Federal agencies and private industry; and
                    (C) to establish capabilities to develop and test 
                reactor electric and nonelectric integration and energy 
                conversion systems.
            (2) Role of nrc.--In operating the Center, the Secretary 
        shall--
                    (A) consult with the Nuclear Regulatory Commission 
                on safety issues; and
                    (B) permit staff of the Nuclear Regulatory 
                Commission to actively observe and learn about the 
                technology being developed at the Center.
            (3) Objectives.--A reactor developed under paragraph (1)(A) 
        shall have the following objectives:
                    (A) Enabling physical validation of fusion and 
                advanced fission experimental reactors at the National 
                Laboratories or other facilities of the Department.
                    (B) Resolving technical uncertainty and increase 
                practical knowledge relevant to safety, resilience, 
                security, and functionality of novel reactor concepts.
                    (C) Conducting general research and development to 
                improve novel reactor technologies.
            (4) Use of technical expertise.--In operating the Center, 
        the Secretary shall leverage the technical expertise of 
        relevant Federal agencies and National Laboratories--
                    (A) to minimize the time required to carry out 
                paragraph (3); and
                    (B) to ensure reasonable safety for individuals 
                working at the National Laboratories or other 
                facilities of the Department to carry out that 
                paragraph.
            (5) Reporting requirement.--
                    (A) In general.--Not later than 180 days after the 
                date of enactment of this Act, the Secretary, in 
                consultation with the National Laboratories, relevant 
                Federal agencies, and other stakeholders, shall submit 
                to the Committee on Energy and Natural Resources and 
                the Committee on Environment and Public Works of the 
                Senate and the Committee on Science, Space, and 
                Technology and the Committee on Energy and Commerce of 
                the House of Representatives a report assessing the 
                capabilities of the Department to authorize, host, and 
                oversee privately proposed and funded reactors (as 
                described in paragraph (1)(A)).
                    (B) Contents.--The report shall address--
                            (i) the safety review and oversight 
                        capabilities of the Department, including 
                        options to leverage expertise from the Nuclear 
                        Regulatory Commission and the National 
                        Laboratories;
                            (ii) potential sites capable of hosting the 
                        activities described in paragraph (1);
                            (iii) the efficacy of the available 
                        contractual mechanisms of the Department to 
                        partner with the private sector and other 
                        Federal agencies, including cooperative 
                        research and development agreements, strategic 
                        partnership projects, and agreements for 
                        commercializing technology;
                            (iv) how the Federal Government and the 
                        private sector will address potential 
                        intellectual property concerns;
                            (v) potential cost structures relating to 
                        physical security, decommissioning, liability, 
                        and other long term project costs; and
                            (vi) other challenges or considerations 
                        identified by the Secretary.
    (g) Budget Plan.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, the Secretary shall submit to the 
        Committee on Energy and Natural Resources of the Senate and the 
        Committee on Science, Space, and Technology of the House of 
        Representatives 3 alternative 10-year budget plans for civilian 
        nuclear energy research and development by the Department in 
        accordance with paragraph (2).
            (2) Description of plans.--
                    (A) In general.--The 3 alternative 10-year budget 
                plans submitted under paragraph (1) shall be the 
                following:
                            (i) A plan that assumes constant annual 
                        funding at the level of appropriations for 
                        fiscal year 2016 for the civilian nuclear 
                        energy research and development of the 
                        Department, particularly for programs critical 
                        to advanced nuclear projects and development.
                            (ii) A plan that assumes 2 percent annual 
                        increases to the level of appropriations 
                        described in clause (i).
                            (iii) A plan that uses an unconstrained 
                        budget.
                    (B) Inclusions.--Each plan shall include--
                            (i) a prioritized list of the programs, 
                        projects, and activities of the Department that 
                        best support the development, licensing, and 
                        deployment of advanced nuclear energy 
                        technologies;
                            (ii) realistic budget requirements for the 
                        Department to carry out subsections (d), (e), 
                        and (f); and
                            (iii) the justification of the Department 
                        for continuing or terminating existing civilian 
                        nuclear energy research and development 
                        programs.
    (h) Nuclear Regulatory Commission Report.--Not later than December 
31, 2016, the Chairman of the Nuclear Regulatory Commission shall 
submit to the Committee on Energy and Natural Resources and the 
Committee on Environment and Public Works of the Senate and the 
Committee on Science, Space, and Technology and the Committee on Energy 
and Commerce of the House of Representatives a report describing--
            (1) the extent to which the Nuclear Regulatory Commission 
        is capable of licensing advanced reactor designs that are 
        developed pursuant to this section by the end of the 4-year 
        period beginning on the date on which an application is 
        received under part 50 or 52 of title 10, Code of Federal 
        Regulations (or successor regulations); and
            (2) any organizational or institutional barriers the 
        Nuclear Regulatory Commission will need to overcome to be able 
        to license the advanced reactor designs that are developed 
        pursuant to this section by the end of the 4-year period 
        described in paragraph (1).

SEC. 3502. NEXT GENERATION NUCLEAR PLANT PROJECT.

    Section 642(b) of the Energy Policy Act of 2005 (42 U.S.C. 
16022(b)) is amended--
            (1) by striking paragraph (3); and
            (2) by redesignating paragraphs (4) and (5) as paragraphs 
        (3) and (4), respectively.

                   Subtitle G--Workforce Development

SEC. 3601. 21ST CENTURY ENERGY WORKFORCE ADVISORY BOARD.

    (a) Establishment.--The Secretary shall establish the 21st Century 
Energy Workforce Advisory Board (referred to in this section as the 
``Board''), to develop a strategy for the support and development of a 
skilled energy workforce that--
            (1) meets the current and future industry and labor needs 
        of the energy sector;
            (2) provides opportunities for students to become qualified 
        for placement in traditional energy sector and clean energy 
        sector jobs;
            (3) aligns apprenticeship programs and workforce 
        development programs to provide industry recognized 
        certifications and credentials;
            (4) encourages leaders in the education system of the 
        United States to equip students with the skills, mentorships, 
        training, and technical expertise necessary to fill the 
        employment opportunities vital to managing and operating the 
        energy- and manufacturing-related industries of the United 
        States;
            (5) appropriately supports other Federal agencies;
            (6) strengthens and more fully engages workforce training 
        programs of the Department and the National Laboratories in 
        carrying out the Minorities in Energy Initiative of the 
        Department and other Department workforce priorities;
            (7) supports the design and replication of existing model 
        energy curricula, particularly in new and emerging 
        technologies, that leads to industry-wide credentials;
            (8) develops plans to support and retrain displaced and 
        unemployed energy sector workers; and
            (9) makes a Department priority to provide education and 
        job training to underrepresented groups, including ethnic 
        minorities, Indian tribes (as defined in section 4 of the 
        Indian Self-Determination and Education Assistance Act (25 
        U.S.C. 450b)), women, veterans, and socioeconomically 
        disadvantaged individuals.
    (b) Membership.--
            (1) In general.--The Board shall be composed of 9 members, 
        with the initial members of the Board to be appointed by the 
        Secretary not later than 1 year after the date of enactment of 
        this Act.
            (2) Nominations.--Not later than 1 year after the date of 
        enactment of this Act, the President's Council of Advisors on 
        Science and Technology shall nominate for appointment to the 
        Board under paragraph (1) not less than 18 individuals who meet 
        the qualifications described in paragraph (3).
            (3) Qualifications.--Each individual nominated for 
        appointment to the Board under paragraph (1) shall--
                    (A) be eminent in the field of economics or 
                workforce development;
                    (B) have expertise in relevant traditional energy 
                industries and clean energy industries;
                    (C) have expertise in secondary and postsecondary 
                education;
                    (D) have expertise in energy workforce development 
                or apprentice programs of States and units of local 
                government;
                    (E) have expertise in relevant organized labor 
                organizations; or
                    (F) have expertise in bringing underrepresented 
                groups, including ethnic minorities, women, veterans, 
                and socioeconomically disadvantaged individuals, into 
                the workforce.
            (4) Representation.--The membership of the Board shall be 
        representative of the broad range of the energy industry, labor 
        organizations, workforce development, education, minority 
        participation, cybersecurity, and economics disciplines related 
        to activities carried out under this section.
            (5) Limitation.--No individual shall be nominated for 
        appointment to the Board who is an employee of an entity 
        applying for a grant under section 3602.
    (c) Advisory Board Review and Recommendations.--
            (1) Determination by board.--In developing the strategy 
        required under subsection (a), the Board shall--
                    (A) determine whether there are opportunities to 
                more effectively and efficiently use the capabilities 
                of the Department in the development of a skilled 
                energy workforce;
                    (B) identify ways in which the Department could 
                work with other relevant Federal agencies, States, 
                units of local government, educational institutions, 
                labor, and industry in the development of a skilled 
                energy workforce;
                    (C) identify ways in which the Department and 
                National Laboratories can--
                            (i) increase outreach to minority-serving 
                        institutions; and
                            (ii) make resources available to increase 
                        the number of skilled minorities and women 
                        trained to go into the energy- and 
                        manufacturing-related sectors;
                    (D) identify ways in which the Department and 
                National Laboratories can--
                            (i) increase outreach to displaced and 
                        unemployed energy sector workers; and
                            (ii) make resources available to provide 
                        training to displaced and unemployed energy 
                        sector workers to reenter the energy workforce; 
                        and
                    (E) identify the energy sectors in greatest need of 
                workforce training and develop guidelines for the 
                skills necessary to develop a workforce trained to work 
                in those energy sectors.
            (2) Required analysis.--In developing the strategy required 
        under subsection (a), the Board shall analyze the effectiveness 
        of--
                    (A) existing Department directed support; and
                    (B) developing energy workforce training programs.
            (3) Report.--Not later than 1 year after the date on which 
        the Board is established under this section, and each year 
        thereafter, the Board shall submit to the Secretary and 
        Congress, and make public, a report containing the findings of 
        the Board and model energy curricula with respect to the 
        strategy required to be developed under subsection (a).
    (d) Report by Secretary.--Not later than 18 months after the date 
on which the Board is established under this section, the Secretary 
shall submit to the Committees on Appropriations of Senate and the 
House of Representatives, the Committee on Energy and Natural Resources 
of the Senate, and the Committee on Energy and Commerce of the House of 
Representatives a report that--
            (1) describes whether the Secretary approves or disapproves 
        the recommendations of the Board under subsection (c)(3); and
            (2) provides an implementation plan for recommendations 
        approved by the Board under paragraph (1).
    (e) Clearinghouse.--Based on the recommendations of the Board, the 
Secretary shall establish a clearinghouse--
            (1) to maintain and update information and resources on 
        training and workforce development programs for energy- and 
        manufacturing-related jobs; and
            (2) to act as a resource, and provide guidance, for 
        secondary schools, institutions of higher education (including 
        community colleges and minority-serving institutions), 
        workforce development organizations, labor management 
        organizations, and industry organizations that would like to 
        develop and implement energy- and manufacturing-related 
        training programs.
    (f) Outreach to Minority-serving Institutions.--In developing the 
strategy under subsection (a), the Board shall--
            (1) give special consideration to increasing outreach to 
        minority-serving institutions (including historically black 
        colleges and universities, predominantly black institutions, 
        Hispanic serving institutions, and tribal institutions);
            (2) make resources available to minority-serving 
        institutions with the objective of increasing the number of 
        skilled minorities and women trained to go into the energy and 
        manufacturing sectors; and
            (3) encourage industry to improve the opportunities for 
        students of minority-serving institutions to participate in 
        industry internships and cooperative work-study programs.
    (g) Sunset.--The Board established under this section shall remain 
in effect until September 30, 2020.

SEC. 3602. ENERGY WORKFORCE PILOT GRANT PROGRAM.

    (a) In General.--Not later than 1 year after the date of enactment 
of this Act, the Secretary, in consultation with the Secretary of Labor 
and the Secretary of Education, shall establish a pilot program to 
award grants on a competitive basis to eligible entities for job 
training programs that lead to an industry-recognized credential.
    (b) Eligibility.--To be eligible to receive a grant under this 
section, an entity shall be a public or nonprofit organization or a 
consortium of public or nonprofit organizations that--
            (1) includes an advisory board of proportional 
        participation, as determined by the Secretary, of relevant 
        organizations, including--
                    (A) relevant energy industry organizations, 
                including public and private employers;
                    (B) labor organizations;
                    (C) postsecondary education organizations; and
                    (D) workforce development boards;
            (2) demonstrates experience in implementing and operating 
        job training and education programs;
            (3) demonstrates the ability to recruit and support 
        individuals who plan to work in the energy industry in the 
        successful completion of relevant job training and education 
        programs; and
            (4) provides students who complete the job training and 
        education program with an industry-recognized credential.
    (c) Applications.--Eligible entities desiring a grant under this 
section shall submit to the Secretary an application at such time, in 
such manner, and containing such information as the Secretary may 
require.
    (d) Priority.--In selecting eligible entities to receive grants 
under this section, the Secretary shall prioritize applicants that--
            (1) house the job training and education programs in--
                    (A) a community college or institution of higher 
                education that includes basic science and math 
                education in the curriculum of the community college, 
                institution of higher education; or
                    (B) an apprenticeship program registered with the 
                Department of Labor or a State (as defined in 202 of 
                the Energy Conservation and Production Act (42 U.S.C. 
                6802)) (referred to in this section as the ``State'');
            (2) work with the Secretary of Defense and the Secretary of 
        Veterans Affairs or veteran service organizations recognized by 
        the Secretary of Veterans Affairs under section 5902 of title 
        38, United States Code, to transition members of the Armed 
        Forces and veterans to careers in the energy sector;
            (3) work with Indian tribes (as defined in section 4 of the 
        Indian Self-Determination and Education Assistance Act (25 
        U.S.C. 450b)), tribal organizations (as defined in section 3765 
        of title 38, United States Code), and Native American veterans 
        (as defined in section 3765 of title 38, United States Code), 
        including veterans who are a descendant of an Alaska Native (as 
        defined in section 3(r) of the Alaska Native Claims Settlement 
        Act (43 U.S.C. 1602(r));
            (4) apply as a State or regional consortia to leverage best 
        practices already available in the State or region in which the 
        community college or institution of higher education is 
        located;
            (5) have a State-supported entity included in the 
        consortium applying for the grant;
            (6) include an apprenticeship program registered with the 
        Department of Labor or a State as part of the job training and 
        education program;
            (7) provide support services and career coaching;
            (8) provide introductory energy workforce development 
        training;
            (9) work with minority-serving institutions to provide job 
        training to increase the number of skilled minorities and women 
        in the energy sector;
            (10) provide job training for displaced and unemployed 
        workers in the energy sector;
            (11) establish a community college or 2-year technical 
        college-based ``Center of Excellence'' for an energy and 
        maritime workforce technical training program; or
            (12) are located in close proximity to marine or port 
        facilities in the Gulf of Mexico, Atlantic Ocean, Pacific 
        Ocean, Arctic Ocean, Bering Sea, Gulf of Alaska, or Great 
        Lakes.
    (e) Additional Consideration.--In making grants under this section, 
the Secretary shall consider regional diversity.
    (f) Limitation on Applications.--An eligible entity may not submit, 
either individually or as part of a joint application, more than 1 
application for a grant under this section during any 1 fiscal year.
    (g) Limitations on Amount of Grant.--The amount of an individual 
grant for any 1 year shall not exceed $1,000,000.
    (h) Cost Sharing.--
            (1) Federal share.--The Federal share of the cost of a job 
        training and education program carried out using a grant under 
        this section shall be not greater than 65 percent.
            (2) Non-federal share.--
                    (A) In general.--The non-Federal share of the cost 
                of a job training and education program carried out 
                using a grant under this section shall consist of not 
                less than 50 percent cash.
                    (B) Limitation.--Not greater than 50 percent of the 
                non-Federal contribution of the total cost of a job 
                training and education program carried out using a 
                grant under this section shall be in the form of in-
                kind contributions of goods or services fairly valued.
    (i) Reduction of Duplication.--Prior to submitting an application 
for a grant under this section, each applicant shall consult with the 
appropriate agencies of the Federal Government and coordinate the 
proposed activities of the applicant with existing State and local 
programs.
    (j) Direct Assistance.--In awarding grants under this section, the 
Secretary shall provide direct assistance (including technical 
expertise, wraparound services, career coaching, mentorships, 
internships, and partnerships) to entities that receive a grant under 
this section.
    (k) Technical Assistance.--The Secretary shall provide technical 
assistance and capacity building to national and State energy 
partnerships, including the entities described in subsection (b)(1), to 
leverage the existing job training and education programs of the 
Department.
    (l) Report.--The Secretary shall submit to Congress and make 
publicly available on the website of the Department an annual report on 
the program established under this section, including a description 
of--
            (1) the entities receiving grants;
            (2) the activities carried out using the grants;
            (3) best practices used to leverage the investment of the 
        Federal Government;
            (4) the rate of employment for participants after 
        completing a job training and education program carried out 
        using a grant; and
            (5) an assessment of the results achieved by the program.
    (m) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $20,000,000 for each of fiscal 
years 2017 through 2020.

                         Subtitle H--Recycling

SEC. 3701. RECYCLED CARBON FIBER.

    (a) Study.--
            (1) In general.--The Secretary shall conduct a study on--
                    (A) the technology of recycled carbon fiber and 
                production waste carbon fiber; and
                    (B) the potential lifecycle energy savings and 
                economic impact of recycled carbon fiber.
            (2) Factors for consideration.--In conducting the study 
        under paragraph (1), the Secretary shall consider--
                    (A) the quantity of recycled carbon fiber or 
                production waste carbon fiber that would make the use 
                of recycled carbon fiber or production waste carbon 
                fiber economically viable;
                    (B) any existing or potential barriers to recycling 
                carbon fiber or using recycled carbon fiber;
                    (C) any financial incentives that may be necessary 
                for the development of recycled carbon fiber or 
                production waste carbon fiber;
                    (D) the potential lifecycle savings in energy from 
                producing recycled carbon fiber, as compared to 
                producing new carbon fiber;
                    (E) the best and highest use for recycled carbon 
                fiber;
                    (F) the potential reduction in carbon dioxide 
                emissions from producing recycled carbon fiber, as 
                compared to producing new carbon fiber;
                    (G) any economic benefits gained from using 
                recycled carbon fiber or production waste carbon fiber;
                    (H) workforce training and skills needed to address 
                labor demands in the development of recycled carbon 
                fiber or production waste carbon fiber; and
                    (I) how the Department can leverage existing 
                efforts in the industry on the use of production waste 
                carbon fiber.
            (3) Report.--Not later than 1 year after the date of 
        enactment of this Act, the Secretary shall submit to Congress a 
        report describing the results of the study conducted under 
        paragraph (1).
    (b) Recycled Carbon Fiber Demonstration Project.--On completion of 
the study required under subsection (a)(1), the Secretary shall consult 
with the aviation and automotive industries and existing programs of 
the Advanced Manufacturing Office of the Department to develop a carbon 
fiber recycling demonstration project.
    (c) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary to carry out this section $10,000,000, to 
remain available until expended.

SEC. 3702. ENERGY GENERATION AND REGULATORY RELIEF STUDY REGARDING 
              RECOVERY AND CONVERSION OF NONRECYCLED MIXED PLASTICS.

    (a) Definitions.--In this section:
            (1) Engineered fuel.--The term ``engineered fuel'' means a 
        solid fuel that is manufactured from nonrecycled constituents 
        of municipal solid waste or other secondary materials.
            (2) Gasification.--The term ``gasification'' means a 
        process through which nonrecycled waste is heated and converted 
        to synthesis gas in an oxygen-deficient atmosphere, which can 
        be converted into fuels such as ethanol or other chemical 
        feedstocks.
            (3) Pyrolysis.--The term ``pyrolysis'' means a process 
        through which nonrecycled plastics are heated in the absence of 
        oxygen until melted and thermally decomposed, and are then 
        cooled, condensed, and converted into synthetic crude oil or 
        refined into synthetic fuels and feedstocks such as diesel or 
        naphtha.
    (b) Study.--With respect to nonrecycled mixed plastics that are 
part of municipal solid waste or other secondary materials in the 
United States (and are often deposited in landfills), the Secretary 
shall conduct a study to determine the manner in which the United 
States can make progress toward a cost-effective system (including with 
respect to environmental issues) through which pyrolysis, gasification, 
and other innovative technologies such as engineered fuels are used to 
convert such plastics, alone or in combination with other municipal 
solid waste or secondary materials, into materials that can be used to 
generate electric energy or fuels or as chemical feedstocks.
    (c) Completion of Study.--Not later than 2 years after the date of 
enactment of this Act, the Secretary shall complete the study described 
in subsection (b) and submit to the appropriate committees of Congress 
reports providing findings and recommendations developed through the 
study.
    (d) Funding.--The Secretary may use unobligated funds of the 
Department to carry out this section.

SEC. 3703. ELIGIBLE PROJECTS.

    Section 1703(b)(1) of the Energy Policy Act of 2005 (42 U.S.C. 
16513(b)(1)) is amended by inserting ``(excluding the burning of 
commonly recycled paper that has been segregated from solid waste to 
generate electricity)'' after ``systems''.

SEC. 3704. PROMOTING USE OF RECLAIMED REFRIGERANTS IN FEDERAL 
              FACILITIES.

    (a) In General.--Not later than 180 days after the date of 
enactment of this Act, the Administrator of General Services shall 
issue guidance relating to the procurement of reclaimed refrigerants to 
service existing equipment of Federal facilities.
    (b) Preference.--The guidance issued under subsection (a) shall 
give preference to the use of reclaimed refrigerants, on the conditions 
that--
            (1) the refrigerant has been reclaimed by a person or 
        entity that is certified under the laboratory certification 
        program of the Air Conditioning, Heating, and Refrigeration 
        Institute; and
            (2) the price of the reclaimed refrigerant does not exceed 
        the price of a newly manufactured (virgin) refrigerant.

                       Subtitle I--Thermal Energy

SEC. 3801. MODIFYING THE DEFINITION OF RENEWABLE ENERGY TO INCLUDE 
              THERMAL ENERGY.

    (a) In General.--Section 203 of the Energy Policy Act of 2005 (42 
U.S.C. 15852) (as amended by section 3001(b)) is amended--
            (1) in subsection (a), by inserting ``a number equivalent 
        to'' before ``the total amount of electric energy'';
            (2) in subsection (b)--
                    (A) by redesignating paragraph (2) as paragraph 
                (3);
                    (B) by inserting after paragraph (1) the following:
            ``(2) Qualified waste heat resource.--The term `qualified 
        waste heat resource' means--
                    ``(A) exhaust heat or flared gas from any 
                industrial process;
                    ``(B) waste gas or industrial tail gas that would 
                otherwise be flared, incinerated, or vented;
                    ``(C) a pressure drop in any gas for an industrial 
                or commercial process; or
                    ``(D) such other forms of waste heat as the 
                Secretary determines appropriate.''; and
                    (C) in paragraph (3) (as redesignated by 
                subparagraph (A))--
                            (i) by striking ``produced from'' and 
                        inserting ``produced or, if resulting from a 
                        thermal energy project placed in service after 
                        December 31, 2014, thermal energy generated 
                        from, or avoided by,''; and
                            (ii) by inserting ``qualified waste heat 
                        resource,'' after ``municipal solid waste,''; 
                        and
            (3) in subsection (c)--
                    (A) by redesignating paragraphs (1) through (3) as 
                subparagraphs (A) through (C), respectively, and 
                indenting appropriately;
                    (B) in the matter preceding subparagraph (A) (as so 
                redesignated), by striking ``For purposes'' and 
                inserting the following:
            ``(1) In general.--For purposes''; and
                    (C) by adding at the end the following:
            ``(2) Separate calculation.--
                    ``(A) In general.--For purposes of determining 
                compliance with the requirements of this section, any 
                energy consumption that is avoided through the use of 
                renewable energy shall be considered to be renewable 
                energy produced.
                    ``(B) Denial of double benefit.--Avoided energy 
                consumption that is considered to be renewable energy 
                produced under subparagraph (A) shall not also be 
                counted for purposes of achieving compliance with 
                another Federal energy efficiency goal.''.
    (b) Conforming Amendment.--Section 2410q(a) of title 10, United 
States Code, is amended by striking ``section 203(b)(2) of the Energy 
Policy Act of 2005 (42 U.S.C. 15852(b)(2))'' and inserting ``section 
203(b) of the Energy Policy Act of 2005 (42 U.S.C. 15852(b))''.

                        TITLE IV--ACCOUNTABILITY

                       Subtitle A--Loan Programs

SEC. 4001. TERMS AND CONDITIONS FOR INCENTIVES FOR INNOVATIVE 
              TECHNOLOGIES.

    (a) Borrower Payment of Subsidy Cost.--
            (1) In general.--Section 1702 of the Energy Policy Act of 
        2005 (42 U.S.C. 16512) is amended by adding at the end the 
        following:
    ``(l) Borrower Payment of Subsidy Cost.--
            ``(1) In general.--In addition to the requirement in 
        subsection (b)(1), no guarantee shall be made unless the 
        Secretary has received from the borrower not less than 25 
        percent of the cost of the guarantee.
            ``(2) Estimate.--The Secretary shall provide to the 
        borrower, as soon as practicable, an estimate or range of the 
        cost of the guarantee under paragraph (1).''.
            (2) Conforming amendment.--Section 1702(b) of the Energy 
        Policy Act of 2005 (42 U.S.C. 16512(b)) is amended--
                    (A) by striking ``(1) In general.--No guarantee'' 
                and inserting the following: ``Subject to subsection 
                (l), no guarantee'';
                    (B) by redesignating subparagraphs (A), (B), and 
                (C) as paragraphs (1), (2), and (3), respectively, and 
                indenting appropriately; and
                    (C) in paragraph (3) (as so redesignated)--
                            (i) by striking ``subparagraph (A)'' and 
                        inserting ``paragraph (1)''; and
                            (ii) by striking ``subparagraph (B)'' and 
                        inserting ``paragraph (2)''.
            (3) Effective date.--The amendments made by paragraphs (1) 
        and (2) shall take effect on October 1, 2019.
    (b) Prohibition on Subordination of Debt.--Section 1702(d)(3) of 
the Energy Policy Act of 2005 (42 U.S.C. 16512(d)(3)) is amended by 
striking ``is not subordinate'' and inserting ``(including any 
reorganization, restructuring, or termination of the obligation) shall 
not at any time be subordinate''.
    (c) Loan Program Transparency.--Section 1703 of the Energy Policy 
Act of 2005 (42 U.S.C. 16513) is amended by adding at the end the 
following:
    ``(f) Loan Status.--
            ``(1) Request.--If the Secretary does not make a final 
        decision on an application for a loan guarantee under this 
        section by the date that is 270 days after receipt of the 
        application by the Secretary, on that date and every 90 days 
        thereafter until the final decision is made, the applicant may 
        request that the Secretary provide to the applicant a 
        description of the status of the application.
            ``(2) Response.--Not later than 10 days after receiving a 
        request from an applicant under paragraph (1), the Secretary 
        shall provide to the applicant a response that includes--
                    ``(A) a summary of any factors that are delaying a 
                final decision on the application; and
                    ``(B) an estimate of when review of the application 
                will be completed.''.
    (d) Temporary Program for Rapid Deployment of Renewable Energy and 
Electric Power Transmission Projects.--
            (1) Repeal.--Section 1705 of the Energy Policy Act of 2005 
        (42 U.S.C. 16516) is repealed.
            (2) Rescission.--There is rescinded the unobligated balance 
        of amounts made available to carry out the loan guarantee 
        program established under section 1705 of the Energy Policy Act 
        of 2005 (42 U.S.C. 16516) (before the amendment made by 
        paragraph (1)).
            (3) Management.--The Secretary shall ensure rigorous 
        continued management and oversight of all outstanding loans 
        guaranteed under the program described in subsection (b) until 
        those loans have been repaid in full.

SEC. 4002. STATE LOAN ELIGIBILITY.

    (a) Definitions.--Section 1701 of the Energy Policy Act of 2005 (42 
U.S.C. 16511) is amended by adding at the end the following:
            ``(6) State.--The term `State' has the meaning given the 
        term in section 202 of the Energy Conservation and Production 
        Act (42 U.S.C. 6802).
            ``(7) State energy financing institution.--
                    ``(A) In general.--The term `State energy financing 
                institution' means a quasi-independent entity or an 
                entity within a State agency or financing authority 
                established by a State--
                            ``(i) to provide financing support or 
                        credit enhancements, including loan guarantees 
                        and loan loss reserves, for eligible projects; 
                        and
                            ``(ii) to create liquid markets for 
                        eligible projects, including warehousing and 
                        securitization, or take other steps to reduce 
                        financial barriers to the deployment of 
                        existing and new eligible projects.
                    ``(B) Inclusion.--The term `State energy financing 
                institution' includes an entity or organization 
                established to achieve the purposes described in 
                clauses (i) and (ii) of subparagraph (A) by an Indian 
                tribal entity or an Alaska Native Corporation.''.
    (b) Terms and Conditions.--Section 1702 of the Energy Policy Act of 
2005 (42 U.S.C. 16512) (as amended by section 4001(a)(1)) is amended--
            (1) in subsection (a), by inserting ``or to a State energy 
        financing institution'' after ``for projects''; and
            (2) by adding at the end the following:
    ``(m) State Energy Financing Institutions.--
            ``(1) Eligibility.--To be eligible for a guarantee under 
        this title, a State energy financing institution--
                    ``(A) shall meet the requirements of section 
                1703(a)(1); and
                    ``(B) shall not be required to meet the 
                requirements of section 1703(a)(2).
            ``(2) Partnerships authorized.--In carrying out a project 
        receiving a loan guarantee under this title, State energy 
        financing institutions may enter into partnerships with private 
        entities, tribal entities, and Alaska Native corporations.
            ``(3) Prohibition on use of appropriated funds.--Amounts 
        appropriated to the Department of Energy before the date of 
        enactment of this subsection shall not be available to be used 
        for the cost of loan guarantees made to State energy financing 
        institutions under this subsection.''.

SEC. 4003. GAO STUDY ON FOSSIL LOAN GUARANTEE INCENTIVE PROGRAM.

    (a) In General.--Not later than 180 days after the date of 
enactment of this Act, the Comptroller General of the United States 
shall carry out, and submit to Congress a report describing the results 
of, a study on the effectiveness of the advanced fossil loan guarantee 
incentive program and other incentive programs for advanced fossil 
energy of the Department.
    (b) Contents.--In carrying out the study under subsection (a), the 
Comptroller General of the United States shall--
            (1) solicit industry and stakeholder input;
            (2) evaluate the effectiveness of the advanced fossil loan 
        guarantee incentive program, alone or in combination with other 
        incentives, in advancing carbon capture and storage technology;
            (3) review each Federal incentive provided by the 
        Department and other Federal agencies for carbon capture and 
        storage demonstration projects to determine the adequacy and 
        effectiveness of the combined Federal incentives in advancing 
        carbon capture and storage and advanced fossil energy 
        technologies;
            (4) assess whether combinations of the incentive programs 
        in existence as of the date of enactment of this Act could be 
        effective to advance carbon capture and storage and advanced 
        fossil energy technologies; and
            (5) evaluate the impact and costs of implementing the 
        recommendations described in the January 2015 National Coal 
        Council report entitled ``Fossil Forward: Revitalizing CCS, 
        Bringing Scale and Speed to CCS Deployment'' on the 
        effectiveness of the advanced fossil loan guarantee program.

SEC. 4004. PROGRAM ELIGIBILITY FOR VESSELS.

    Subtitle B of title I of the Energy Independence and Security Act 
of 2007 (42 U.S.C. 17011 et seq.) is amended by adding at the end the 
following:

``SEC. 137. ADVANCED TECHNOLOGY VEHICLES MANUFACTURING INCENTIVE 
              PROGRAM ELIGIBILITY FOR VESSELS.

    ``(a) Definition of Vessel.--In this section, the term `vessel' 
means a vessel (as defined in section 3 of title 1, United States 
Code), whether in existence or under construction, that has been issued 
a certificate of documentation as a United States flagged vessel under 
chapter 121 of title 46, United States Code and that meets the 
standards established under section 4005(a) of the Energy Policy 
Modernization Act of 2016.
    ``(b) Eligibility.--Subject to the terms and conditions of 
subsections (d) and (f) of section 136, projects for the reequipping, 
expanding, or establishing of a manufacturing facility in the United 
States to produce vessels shall be considered eligible for direct loans 
under section 136(d).
    ``(c) Funding.--
            ``(1) Prohibition on use of existing credit subsidy.--None 
        of the projects made eligible under this section shall be 
        eligible to receive any credit subsidy provided under section 
        136 before the date of enactment of this section.
            ``(2) Specific appropriation or contribution.--The 
        authority under this section to incur indebtedness, or enter 
        into contracts, obligating amounts to be expended by the 
        Federal Government shall be effective for any fiscal year 
        only--
                    ``(A)(i) to such extent or in such amounts as are 
                provided in advance by appropriation Acts; and
                    ``(ii) if the borrower has agreed to pay a 
                reasonable percentage of the cost of the obligation; or
                    ``(B) if the Secretary has received from the 
                borrower a payment in full for the cost of the 
                obligation and deposited the payment into the 
                Treasury.''.

SEC. 4005. ADDITIONAL REFORMS.

    (a) Issuance of Rule.--Not later than 180 days after the date of 
enactment of this Act and after consultation with, and taking into 
account comments from, the vessel industry, the Secretary shall issue a 
rule that specifies which energy efficiency improvement standards shall 
apply to applicants for loans under section 137 of the Energy 
Independence and Security Act of 2007 (as added by section 4004) for 
the manufacturing, retrofitting, or repowering vessels that have been 
issued certificates of documentation as United States flagged vessels 
under chapter 121 of title 46, United States Code.
    (b) Fees.--Section 136 of the Energy Independence and Security Act 
of 2007 (42 U.S.C. 17013) is amended by striking subsection (f) and 
inserting the following:
    ``(f) Fees.--
            ``(1) In general.--The Secretary shall charge and collect 
        fees for loans provided under this section in amounts that the 
        Secretary determines are sufficient to cover applicable 
        administrative expenses associated with the loans, including 
        reasonable closing fees on the loans.
            ``(2) Availability.--Fees collected under paragraph (1) 
        shall--
                    ``(A) be deposited by the Secretary into the 
                Treasury; and
                    ``(B) remain available until expended, subject to 
                such other conditions as are contained in annual 
                appropriations Acts.''.

SEC. 4006. DEPARTMENT OF ENERGY INDIAN ENERGY EDUCATION PLANNING AND 
              MANAGEMENT ASSISTANCE PROGRAM.

    Section 2602(b)(6) of the Energy Policy Act of 1992 (25 U.S.C. 
3502(b)(6)) is amended by striking ``2016'' and inserting ``2026''.

                     Subtitle B--Energy-Water Nexus

SEC. 4101. NEXUS OF ENERGY AND WATER FOR SUSTAINABILITY.

    (a) Definitions.--In this section:
            (1) Energy-water nexus.--The term ``energy-water nexus'' 
        means the links between--
                    (A) the water needed to produce fuels, electricity, 
                and other forms of energy; and
                    (B) the energy needed to transport, reclaim, and 
                treat water and wastewater.
            (2) Interagency coordination committee.--The term 
        ``Interagency Coordination Committee'' means the Committee on 
        the Nexus of Energy and Water for Sustainability (or the ``NEWS 
        Committee'') established under subsection (b)(1).
            (3) Nexus of energy and water sustainability office; news 
        office.--The term ``Nexus of Energy and Water Sustainability 
        Office'' or the ``NEWS Office'' means an office located at the 
        Department and managed in cooperation with the Department of 
        the Interior pursuant to an agreement between the 2 agencies to 
        carry out leadership and administrative functions for the 
        Interagency Coordination Committee.
            (4) RD&D activities.--The term ``RD&D activities'' means 
        research, development, and demonstration activities.
    (b) Interagency Coordination Committee.--
            (1) Establishment.--Not later than 180 days after the date 
        of enactment of this Act, the Secretary and the Secretary of 
        the Interior shall establish the joint NEWS Office and 
        Interagency Coordination Committee on the Nexus of Energy and 
        Water for Sustainability (or the ``NEWS Committee'') to carry 
        out the duties described in paragraph (3).
            (2) Administration.--
                    (A) Chairs.--The Secretary and the Secretary of the 
                Interior shall jointly manage the NEWS Office and serve 
                as co-chairs of the Interagency Coordination Committee.
                    (B) Membership; staffing.--Membership and staffing 
                shall be determined by the co-chairs.
            (3) Duties.--The Interagency Coordination Committee shall--
                    (A) serve as a forum for developing common Federal 
                goals and plans on energy-water nexus RD&D activities 
                in coordination with the National Science and 
                Technology Council;
                    (B) not later than 1 year after the date of 
                enactment of this Act, and biannually thereafter, issue 
                a strategic plan on energy-water nexus RD&D activities 
                priorities and objectives;
                    (C) convene and promote coordination of the 
                activities of Federal departments and agencies on 
                energy-water nexus RD&D activities, including the 
                activities of--
                            (i) the Department;
                            (ii) the Department of the Interior;
                            (iii) the Corps of Engineers;
                            (iv) the Department of Agriculture;
                            (v) the Department of Defense;
                            (vi) the Department of State;
                            (vii) the Environmental Protection Agency;
                            (viii) the Council on Environmental 
                        Quality;
                            (ix) the National Institute of Standards 
                        and Technology;
                            (x) the National Oceanic and Atmospheric 
                        Administration;
                            (xi) the National Science Foundation;
                            (xii) the Office of Management and Budget;
                            (xiii) the Office of Science and Technology 
                        Policy;
                            (xiv) the National Aeronautics and Space 
                        Administration; and
                            (xv) such other Federal departments and 
                        agencies as the Interagency Coordination 
                        Committee considers appropriate;
                    (D)(i) coordinate and develop capabilities and 
                methodologies for data collection, management, and 
                dissemination of information related to energy-water 
                nexus RD&D activities from and to other Federal 
                departments and agencies; and
                    (ii) promote information exchange between Federal 
                departments and agencies--
                            (I) to identify and document Federal and 
                        non-Federal programs and funding opportunities 
                        that support basic and applied research, 
                        development, and demonstration proposals to 
                        advance energy-water nexus related science and 
                        technologies;
                            (II) to leverage existing programs by 
                        encouraging joint solicitations, block grants, 
                        and matching programs with non-Federal 
                        entities; and
                            (III) to identify opportunities for 
                        domestic and international public-private 
                        partnerships, innovative financing mechanisms, 
                        information and data exchange;
                    (E) promote the integration of energy-water nexus 
                considerations into existing Federal water, energy, and 
                other natural resource, infrastructure, and science 
                programs at the national and regional levels and with 
                programs administered in partnership with non-Federal 
                entities; and
                    (F) not later than 1 year after the date of 
                enactment of this Act, issue a report on the potential 
                benefits and feasibility of establishing an energy-
                water center of excellence within the National 
                Laboratories (as that term is defined in section 2 of 
                the Energy Policy Act of 2005 (42 U.S.C. 15801)).
            (4) No regulation.--Nothing in this subsection grants to 
        the Interagency Coordination Committee the authority to 
        promulgate regulations or set standards.
            (5) Review; report.--At the end of the 5-year period 
        beginning on the date on which the Interagency Coordination 
        Committee and NEWS Office are established, the NEWS Office 
        shall--
                    (A) review the activities, relevance, and 
                effectiveness of the Interagency Coordination 
                Committee; and
                    (B) submit to the Committee on Energy and Natural 
                Resources of the Senate and the Committees on Science, 
                Space, and Technology, Energy and Commerce, and Natural 
                Resources of the House of Representatives a report 
                that--
                            (i) describes the results of the review 
                        conducted under subparagraph (A); and
                            (ii) includes a recommendation on whether 
                        the Interagency Coordination Committee should 
                        continue.
    (c) Crosscut Budget.--Not later than 30 days after the President 
submits the budget of the United States Government under section 1105 
of title 31, United States Code, the co-chairs of the Interagency 
Coordination Committee (acting through the NEWS Office) shall submit to 
the Committee on Energy and Natural Resources of the Senate and the 
Committees on Science, Space, and Technology, Energy and Commerce, and 
Natural Resources of the House of Representatives, an interagency 
budget crosscut report that displays at the program-, project-, and 
activity-level for each of the Federal agencies that carry out or 
support (including through grants, contracts, interagency and 
intraagency transfers, and multiyear and no-year funds) basic and 
applied RD&D activities to advance the energy-water nexus related 
science and technologies--
            (1) the budget proposed in the budget request of the 
        President for the upcoming fiscal year;
            (2) expenditures and obligations for the prior fiscal year; 
        and
            (3) estimated expenditures and obligations for the current 
        fiscal year.

SEC. 4102. SMART ENERGY AND WATER EFFICIENCY PILOT PROGRAM.

    Subtitle A of title IX of the Energy Policy Act of 2005 (42 U.S.C. 
16191 et seq.) is amended by adding at the end the following:

``SEC. 918. SMART ENERGY AND WATER EFFICIENCY PILOT PROGRAM.

    ``(a) Definitions.--In this section:
            ``(1) Eligible entity.--The term `eligible entity' means--
                    ``(A) a utility;
                    ``(B) a municipality;
                    ``(C) a water district;
                    ``(D) an Indian tribe or Alaska Native village; and
                    ``(E) any other authority that provides water, 
                wastewater, or water reuse services.
            ``(2) Smart energy and water efficiency pilot program.--The 
        term `smart energy and water efficiency pilot program' or 
        `pilot program' means the pilot program established under 
        subsection (b).
    ``(b) Smart Energy and Water Efficiency Pilot Program.--
            ``(1) In general.--The Secretary shall establish and carry 
        out a smart energy and water efficiency pilot program in 
        accordance with this section.
            ``(2) Purpose.--The purpose of the smart energy and water 
        efficiency pilot program is to award grants to eligible 
        entities to demonstrate unique, advanced, or innovative 
        technology-based solutions that will--
                    ``(A) increase the energy efficiency of water, 
                wastewater, and water reuse systems;
                    ``(B) improve energy efficiency of water, 
                wastewater, and water reuse systems to help communities 
                across the United States make measurable progress in 
                conserving water, saving energy, and reducing costs;
                    ``(C) support the implementation of innovative and 
                unique processes and the installation of established 
                advanced automated systems that provide real-time data 
                on energy and water; and
                    ``(D) improve energy-water conservation and quality 
                and predictive maintenance through technologies that 
                utilize internet connected technologies, including 
                sensors, intelligent gateways, and security embedded in 
                hardware.
            ``(3) Project selection.--
                    ``(A) In general.--The Secretary shall make 
                competitive, merit-reviewed grants under the pilot 
                program to not less than 3, but not more than 5, 
                eligible entities.
                    ``(B) Selection criteria.--In selecting an eligible 
                entity to receive a grant under the pilot program, the 
                Secretary shall consider--
                            ``(i) energy and cost savings;
                            ``(ii) the uniqueness, commercial 
                        viability, and reliability of the technology to 
                        be used;
                            ``(iii) the degree to which the project 
                        integrates next-generation sensors software, 
                        analytics, and management tools;
                            ``(iv) the anticipated cost-effectiveness 
                        of the pilot project through measurable energy 
                        efficiency savings, water savings or reuse, and 
                        infrastructure costs averted;
                            ``(v) whether the technology can be 
                        deployed in a variety of geographic regions and 
                        the degree to which the technology can be 
                        implemented in a wide range of applications 
                        ranging in scale from small towns to large 
                        cities, including tribal communities;
                            ``(vi) whether the technology has been 
                        successfully deployed elsewhere;
                            ``(vii) whether the technology was sourced 
                        from a manufacturer based in the United States; 
                        and
                            ``(viii) whether the project will be 
                        completed in 5 years or less.
                    ``(C) Applications.--
                            ``(i) In general.--Subject to clause (ii), 
                        an eligible entity seeking a grant under the 
                        pilot program shall submit to the Secretary an 
                        application at such time, in such manner, and 
                        containing such information as the Secretary 
                        determines to be necessary.
                            ``(ii) Contents.--An application under 
                        clause (i) shall, at a minimum, include--
                                    ``(I) a description of the project;
                                    ``(II) a description of the 
                                technology to be used in the project;
                                    ``(III) the anticipated results, 
                                including energy and water savings, of 
                                the project;
                                    ``(IV) a comprehensive budget for 
                                the project;
                                    ``(V) the names of the project lead 
                                organization and any partners;
                                    ``(VI) the number of users to be 
                                served by the project;
                                    ``(VII) a description of the ways 
                                in which the proposal would meet 
                                performance measures established by the 
                                Secretary; and
                                    ``(VIII) any other information that 
                                the Secretary determines to be 
                                necessary to complete the review and 
                                selection of a grant recipient.
            ``(4) Administration.--
                    ``(A) In general.--Not later than 300 days after 
                the date of enactment of this section, the Secretary 
                shall select grant recipients under this section.
                    ``(B) Evaluations.--
                            ``(i) Annual evaluations.--The Secretary 
                        shall annually carry out an evaluation of each 
                        project for which a grant is provided under 
                        this section that meets performance measures 
                        and benchmarks developed by the Secretary, 
                        consistent with the purposes of this section.
                            ``(ii) Requirements.--Consistent with the 
                        performance measures and benchmarks developed 
                        under clause (i), in carrying out an evaluation 
                        under that clause, the Secretary shall--
                                    ``(I) evaluate the progress and 
                                impact of the project; and
                                    ``(II) assesses the degree to which 
                                the project is meeting the goals of the 
                                pilot program.
                    ``(C) Technical and policy assistance.--On the 
                request of a grant recipient, the Secretary shall 
                provide technical and policy assistance.
                    ``(D) Best practices.--The Secretary shall make 
                available to the public through the Internet and other 
                means the Secretary considers to be appropriate--
                            ``(i) a copy of each evaluation carried out 
                        under subparagraph (B); and
                            ``(ii) a description of any best practices 
                        identified by the Secretary as a result of 
                        those evaluations.
                    ``(E) Report to congress.--The Secretary shall 
                submit to Congress a report containing the results of 
                each evaluation carried out under subparagraph (B).
    ``(c) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $15,000,000, to remain available 
until expended.''.

                         Subtitle C--Innovation

SEC. 4201. AMERICA COMPETES PROGRAMS.

    (a) Basic Research.--Section 971(b) of the Energy Policy Act of 
2005 (42 U.S.C. 16311(b)) is amended--
            (1) in paragraph (6), by striking ``and'' at the end;
            (2) in paragraph (7), by striking the period at the end and 
        inserting a semicolon; and
            (3) by adding at the end the following:
            ``(8) $5,423,000,000 for fiscal year 2016;
            ``(9) $5,808,000,000 for fiscal year 2017;
            ``(10) $6,220,000,000 for fiscal year 2018;
            ``(11) $6,661,000,000 for fiscal year 2019; and
            ``(12) $7,134,000,000 for fiscal year 2020.''.
    (b) Advanced Research Projects Agency-Energy.--Section 5012 of the 
America COMPETES Act (42 U.S.C. 16538) is amended--
            (1) in subsection (a)(3), by striking ``subsection (n)(1)'' 
        and inserting ``subsection (o)(1)'';
            (2) in subsection (i), by striking paragraph (1) and 
        inserting the following:
            ``(1) In general.--To the maximum extent practicable, the 
        Director shall ensure that--
                    ``(A) the activities of ARPA-E are coordinated 
                with, and do not duplicate the efforts of, programs and 
                laboratories within the Department and other relevant 
                research agencies; and
                    ``(B) ARPA-E does not provide funding for a project 
                unless the prospective grantee demonstrates sufficient 
                attempts to secure private financing or indicates that 
                the project is not independently commercially 
                viable.'';
            (3) by redesignating subsection (n) as subsection (o);
            (4) by inserting after subsection (m) the following:
    ``(n) Protection of Information.--The following types of 
information collected by the ARPA-E from recipients of financial 
assistance awards shall be considered commercial and financial 
information obtained from a person and privileged or confidential and 
not subject to disclosure under section 552(b)(4) of title 5, United 
States Code:
            ``(1) Plans for commercialization of technologies developed 
        under the award, including business plans, technology-to-market 
        plans, market studies, and cost and performance models.
            ``(2) Investments provided to an awardee from third parties 
        (such as venture capital firms, hedge funds, and private equity 
        firms), including amounts and the percentage of ownership of 
        the awardee provided in return for the investments.
            ``(3) Additional financial support that the awardee--
                    ``(A) plans to or has invested into the technology 
                developed under the award; or
                    ``(B) is seeking from third parties.
            ``(4) Revenue from the licensing or sale of new products or 
        services resulting from research conducted under the award.''; 
        and
            (5) in subsection (o) (as redesignated by paragraph (3))--
                    (A) in paragraph (2)--
                            (i) in the matter preceding subparagraph 
                        (A), by striking ``paragraphs (4) and (5)'' and 
                        inserting ``paragraph (4)'';
                            (ii) in subparagraph (D), by striking 
                        ``and'' at the end;
                            (iii) in subparagraph (E), by striking the 
                        period at the end and inserting a semicolon; 
                        and
                            (iv) by adding at the end the following:
                    ``(F) $325,000,000 for each of fiscal years 2016 
                through 2018; and
                    ``(G) $375,000,000 for each of fiscal years 2019 
                and 2020.''; and
                    (B) in paragraph (4)(B), by striking ``(c)(2)(D)'' 
                and inserting ``(c)(2)(C)''.

SEC. 4202. INCLUSION OF EARLY STAGE TECHNOLOGY DEMONSTRATION IN 
              AUTHORIZED TECHNOLOGY TRANSFER ACTIVITIES.

    Section 1001 of the Energy Policy Act of 2005 (42 U.S.C. 16391) is 
amended--
            (1) by redesignating subsection (g) as subsection (h); and
            (2) by inserting after subsection (f) the following:
    ``(g) Early Stage Technology Demonstration.--The Secretary shall 
permit the directors of the National Laboratories to use funds 
authorized to support technology transfer within the Department to 
carry out early stage and precommercial technology demonstration 
activities to remove technology barriers that limit private sector 
interest and demonstrate potential commercial applications of any 
research and technologies arising from National Laboratory 
activities.''.

SEC. 4203. SUPPORTING ACCESS OF SMALL BUSINESS CONCERNS TO NATIONAL 
              LABORATORIES.

    (a) Definitions.--In this section:
            (1) National laboratory.--The term ``National Laboratory'' 
        has the meaning given the term in section 2 of the Energy 
        Policy Act of 2005 (42 U.S.C. 15801).
            (2) Small business concern.--The term ``small business 
        concern'' has the same meaning as in section 3 of the Small 
        Business Act (15 U.S.C. 632).
    (b) Actions for Increased Access at National Laboratories for Small 
Business Concerns.--To promote the technology transfer of innovative 
energy technologies and enhance the competitiveness of the United 
States, the Secretary shall take such actions as are appropriate to 
facilitate access to the National Laboratories for small business 
concerns.
    (c) Information on the DOE Website Relating to National Laboratory 
Programs Available to Small Business Concerns.--
            (1) In general.--Not later than 180 days after the date of 
        enactment of this Act, the Secretary, in coordination with the 
        Directors of the National Laboratories, shall--
                    (A) publish in a consolidated manner on the website 
                of the Department information relating to National 
                Laboratory programs that are available to small 
                business concerns;
                    (B) provide for the information published under 
                subparagraph (A) to be kept up-to-date; and
                    (C) include in the information published under 
                subparagraph (A), information on each available program 
                under which small business concerns are eligible to 
                enter into agreements to work with the National 
                Laboratories.
            (2) Components.--The information published on the 
        Department website under paragraph (1) shall include--
                    (A) a brief description of each agreement available 
                to small business concerns to work with National 
                Laboratories;
                    (B) a step-by-step guide for completing agreements 
                to work with National Laboratories;
                    (C) best practices for working with National 
                Laboratories;
                    (D) individual National Laboratory websites that 
                provide information specific to technology transfer and 
                working with small business concerns;
                    (E) links to funding opportunity announcements, 
                nonfinancial resources, and other programs available to 
                small business concerns; and
                    (F) any other information that the Secretary 
                determines to be appropriate.
            (3) Accessibility.--The information published on the 
        Department website under paragraph (1) shall be--
                    (A) readily accessible and easily found on the 
                Internet by the public and members and committees of 
                Congress; and
                    (B) presented in a searchable, machine-readable 
                format.
            (4) Guidance.--The Secretary shall issue Departmental 
        guidance to ensure that the information published on the 
        Department website under paragraph (1) is provided in a manner 
        that presents a coherent picture of all National Laboratory 
        programs that are relevant to small business concerns.

SEC. 4204. MICROLAB TECHNOLOGY COMMERCIALIZATION.

    (a) Definitions.--In this section:
            (1) Microlab.--The term ``microlab'' means a small 
        laboratory established by the Secretary under subsection (b).
            (2) National laboratory.--The term ``national laboratory'' 
        means--
                    (A) a National Laboratory, as defined in section 2 
                of the Energy Policy Act of 2005 (42 U.S.C. 15801); and
                    (B) a national security laboratory, as defined in 
                section 3281 of the National Nuclear Security 
                Administration Act (50 U.S.C. 2471).
    (b) Establishment of Microlab Program.--
            (1) In general.--The Secretary, in collaboration with the 
        directors of national laboratories, may establish a microlab 
        program under which the Secretary establishes microlabs that 
        are located in close proximity to national laboratories and 
        that are accessible to the public for the purposes of--
                    (A) enhancing collaboration with regional research 
                groups, such as institutions of higher education and 
                industry groups;
                    (B) accelerating technology transfer from national 
                laboratories to the marketplace; and
                    (C) promoting regional workforce development 
                through science, technology, engineering, and 
                mathematics (``STEM'') instruction and training.
            (2) Criteria.--In determining the placement of microlabs 
        under paragraph (1), the Secretary shall consider--
                    (A) the commitment of a national laboratory to 
                establishing a microlab;
                    (B) the existence of a joint research institute or 
                a new facility that--
                            (i) is not on the main site of a national 
                        laboratory;
                            (ii) is in close proximity to a national 
                        laboratory; and
                            (iii) has the capability to house a 
                        microlab;
                    (C) whether employees of a national laboratory and 
                persons from academia, industry, and government are 
                available to be assigned to the microlab; and
                    (D) cost-sharing or in-kind contributions from 
                State and local governments and private industry.
            (3) Timing.--If the Secretary, in collaboration with the 
        directors of national laboratories, elects to establish a 
        microlab program under this subsection, the Secretary, in 
        collaboration with the directors of national laboratories, 
        shall--
                    (A) not later than 60 days after the date of 
                enactment of this Act, begin the process of determining 
                the placement of microlabs under paragraph (1); and
                    (B) not later than 180 days after the date of 
                enactment of this Act, implement the microlab program 
                under this subsection.
    (c) Reports.--
            (1) Initial report.--Not later than 60 days after the date 
        of implementation of the microlab program under subsection (b), 
        the Secretary shall submit to the Committee on Armed Services 
        of the Senate, the Committee on Armed Services of the House of 
        Representatives, the Committee on Energy and Natural Resources 
        of the Senate, and the Committee on Science, Space, and 
        Technology of the House of Representatives a report that 
        provides an update on the implementation of the microlab 
        program under subsection (b).
            (2) Progress report.--Not later than 1 year after the date 
        of implementation of the microlab program under subsection (b), 
        the Secretary shall submit to the Committee on Armed Services 
        of the Senate, the Committee on Armed Services of the House of 
        Representatives, the Committee on Energy and Natural Resources 
        of the Senate, and the Committee on Science, Space, and 
        Technology of the House of Representatives a report on the 
        microlab program under subsection (b), including findings and 
        recommendations of the Secretary.
    (d) Authorization of Appropriations.--
    There is authorized to be appropriated to carry out this Act 
$50,000,000 for fiscal year 2016.

SEC. 4205. SENSE OF THE SENATE ON ACCELERATING ENERGY INNOVATION.

    It is the sense of the Senate that--
            (1) although important progress has been made in cost 
        reduction and deployment of clean energy technologies, 
        accelerating clean energy innovation will help meet critical 
        competitiveness, energy security, and environmental goals;
            (2) accelerating the pace of clean energy innovation in the 
        United States calls for--
                    (A) supporting existing research and development 
                programs at the Department and the world-class National 
                Laboratories (as defined in section 2 of the Energy 
                Policy Act of 2005 (42 U.S.C. 15801));
                    (B) exploring and developing new pathways for 
                innovators, investors, and decision-makers to leverage 
                the resources of the Department for addressing the 
                challenges and comparative strengths of geographic 
                regions; and
                    (C) recognizing the financial constraints of the 
                Department, regularly reviewing clean energy programs 
                to ensure that taxpayer investments are maximized;
            (3) the energy supply, demand, policies, markets, and 
        resource options of the United States vary by geographic 
        region;
            (4) a regional approach to innovation can bridge the gaps 
        between local talent, institutions, and industries to identify 
        opportunities and convert United States investment into 
        domestic companies; and
            (5) Congress, the Secretary, and energy industry 
        participants should advance efforts that promote international, 
        domestic, and regional cooperation on the research and 
        development of energy innovations that--
                    (A) provide clean, affordable, and reliable energy 
                for everyone;
                    (B) promote economic growth;
                    (C) are critical for energy security; and
                    (D) are sustainable without government support.

SEC. 4206. RESTORATION OF LABORATORY DIRECTED RESEARCH AND DEVELOPMENT 
              PROGRAM.

    The Secretary shall ensure that laboratory operating contractors do 
not allocate costs of general and administrative overhead to laboratory 
directed research and development.

SEC. 4207. NATIONAL SCIENCE AND TECHNOLOGY COUNCIL COORDINATING 
              SUBCOMMITTEE FOR HIGH-ENERGY PHYSICS.

    (a) Establishment.--Not later than 1 year after the date of 
enactment of this Act, the National Science and Technology Council 
shall establish a subcommittee to coordinate Federal efforts relating 
to high-energy physics research (referred to in this section as the 
``subcommittee'').
    (b) Purposes.--The purposes of the subcommittee are--
            (1) to maximize the efficiency and effectiveness of United 
        States investment in high-energy physics; and
            (2) to support a robust, internationally competitive United 
        States high-energy physics program that includes--
                    (A) underground science and engineering research; 
                and
                    (B) physical infrastructure.
    (c) Co-chairs.--The Director of the National Science Foundation and 
the Secretary shall serve as co-chairs of the subcommittee.
    (d) Responsibilities.--The responsibilities of the subcommittee 
shall be--
            (1) to provide recommendations on planning for construction 
        and stewardship of large facilities participating in high-
        energy physics;
            (2) to provide recommendations on research coordination and 
        collaboration among the programs and activities of Federal 
        agencies;
            (3) to establish goals and priorities for high-energy 
        physics, underground science, and research and development that 
        will strengthen United States competitiveness in high-energy 
        physics;
            (4) to propose methods for engagement with international, 
        Federal, and State agencies and Federal laboratories not 
        represented on the subcommittee to identify and reduce 
        regulatory, logistical, and fiscal barriers that inhibit United 
        States leadership in high-energy physics and related 
        underground science; and
            (5) to develop, and update once every 5 years, a strategic 
        plan to guide Federal programs and activities in support of 
        high-energy physics research.
    (e) Annual Report.--Annually, the subcommittee shall update 
Congress regarding--
            (1) efforts taken in support of the strategic plan 
        described in subsection (d)(5);
            (2) an evaluation of the needs for maintaining United 
        States leadership in high-energy physics; and
            (3) identification of priorities in the area of high-energy 
        physics.
    (f) Sunset.--The subcommittee shall terminate on the date that is 
10 years after the date of enactment of this Act.

                      Subtitle D--Grid Reliability

SEC. 4301. BULK-POWER SYSTEM RELIABILITY IMPACT STATEMENT.

    Section 215 of the Federal Power Act (16 U.S.C. 824o) is amended by 
adding at the end the following:
    ``(l) Reliability Impact Statement.--
            ``(1) Solicitation by commission.--Not later than 15 days 
        after the date on which the head of a Federal agency proposes a 
        major rule (as defined in section 804 of title 5, United States 
        Code) that may significantly affect the reliable operation of 
        the bulk-power system, the Commission shall solicit from the 
        ERO, who shall coordinate with regional entities affected by 
        the proposed rule, a reliability impact statement with respect 
        to the proposed rule.
            ``(2) Requirements.--A reliability impact statement under 
        paragraph (1) shall include a detailed statement on--
                    ``(A) the impact of the proposed rule on the 
                reliable operation of the bulk-power system;
                    ``(B) any adverse effects on the reliable operation 
                of the bulk-power system if the proposed rule was 
                implemented; and
                    ``(C) alternatives to cure the identified adverse 
                reliability impacts, including a no-action alternative.
            ``(3) Submission to commission and congress.--On completion 
        of a reliability impact statement under paragraph (1), the ERO 
        shall submit to the Commission and Congress the reliability 
        impact statement.
            ``(4) Transmittal to head of federal agency.--On receipt of 
        a reliability impact statement submitted to the Commission 
        under paragraph (3), the Commission shall transmit to the head 
        of the applicable Federal agency the reliability impact 
        statement prepared under this subsection for inclusion in the 
        public record.
            ``(5) Inclusion of detailed response in final rule.--With 
        respect to a final major rule subject to a reliability impact 
        statement prepared under paragraph (1), the head of the Federal 
        agency shall--
                    ``(A) consider the reliability impact statement;
                    ``(B) give due weight to the technical expertise of 
                the ERO with respect to matters that are the subject of 
                the reliability impact statement; and
                    ``(C) include in the final rule a detailed response 
                to the reliability impact statement that reasonably 
                addresses the detailed statements required under 
                paragraph (2).''.

SEC. 4302. REPORT BY TRANSMISSION ORGANIZATIONS ON DIVERSITY OF SUPPLY.

    (a) Definitions.--In this section:
            (1) Electric generating capacity resource.--
                    (A) In general.--The term ``electric generating 
                capacity resource'' means an electric generating 
                resource, as measured by the maximum load-carrying 
                ability of the resource, exclusive of station use and 
                planned, unplanned, or other outage or derating subject 
                to dispatch by the transmission organization to meet 
                the resource adequacy needs of the systems operated by 
                the transmission organization.
                    (B) Effect.--The term ``electric generating 
                capacity resource'' does not address non-electric 
                generating resources that are qualified as capacity 
                resources in the tariffs of various transmission 
                organizations as of the date of enactment of this Act.
            (2) Transmission organization.--The term ``transmission 
        organization'' has the meaning given the term in section 3 of 
        the Federal Power Act (16 U.S.C. 796).
    (b) Report.--
            (1) Notice.--Not later than 14 days after the date of 
        enactment of this Act, the Commission (as the term is defined 
        in section 3 of the Federal Power Act (16 U.S.C. 796)) shall 
        submit to each transmission organization that has a tariff on 
        file with the Commission that includes provisions addressing 
        the procurement of electric generating capacity resources, a 
        notice that the transmission organization is required to file 
        with the Commission a report in accordance with paragraph (2).
            (2) Report.--Not later than 180 days after the date on 
        which a transmission organization receives a notice under 
        paragraph (1), the transmission organization shall submit to 
        the Commission a report that, to the maximum extent 
        practicable--
                    (A)(i) identifies electric generating capacity 
                resources that are available to the transmission 
                organization as of the date of the report; and
                    (ii) describes the primary energy sources and 
                operational characteristics of electric capacity 
                resources available, in the aggregate, to the 
                transmission organization;
                    (B) evaluates, using generally accepted metrics, 
                the current operational performance, in the aggregate, 
                of electric capacity resources;
                    (C) identifies, for the aggregate of electric 
                generating capacity resources available to the 
                transmission organization--
                            (i) over the short- and long-term periods 
                        in the planning cycle of the transmission 
                        organization, reasonable projections concerning 
                        the operational and economic risk profile of 
                        electric generating capacity resources;
                            (ii) the projected future needs of the 
                        transmission organization for electric 
                        generating capacity resources; and
                            (iii) the availability of transmission 
                        facilities and transmission support services 
                        necessary to provide for the transmission 
                        organization reasonable assurances of essential 
                        reliability services, including adequate 
                        voltage support; and
                    (D) assesses whether and to what extent the market 
                rules of the transmission organization--
                            (i) yield capacity auction clearing prices 
                        that promote necessary and prudent investment;
                            (ii) yield energy market clearing prices 
                        that reflect the marginal cost of supply, 
                        taking into account transmission constraints 
                        and other factors needed to ensure reliable 
                        grid operation;
                            (iii) produce meaningful price signals that 
                        clearly indicate where new supply and 
                        investment are needed;
                            (iv) reduce uncertainty or instability 
                        resulting from changes to market rules, 
                        processes, or protocols;
                            (v) promote transparency and communication 
                        by the market operator to market participants;
                            (vi) support a diverse generation portfolio 
                        and the availability of transmission facilities 
                        and transmission support services on a short- 
                        and long-term basis necessary to provide 
                        reasonable assurances of a continuous supply of 
                        electricity for customers of the transmission 
                        organization at the proper voltage and 
                        frequency; and
                            (vii) provide an enhanced opportunity for 
                        self-supply of electric generating capacity 
                        resources by electric cooperatives, Federal 
                        power marketing agencies, and State utilities 
                        with a service obligation (as those terms are 
                        defined in section 217(a)) of the Federal Power 
                        Act (16 U.S.C. 824q(a))) in a manner that is 
                        consistent with traditional utility business 
                        models and does not unduly affect wholesale 
                        market prices.

                         Subtitle E--Management

SEC. 4401. FEDERAL LAND MANAGEMENT.

    (a) Definitions.--In this section:
            (1) Cadastre.--The term ``cadastre'' means an inventory of 
        buildings and other real property (including associated 
        infrastructure such as roads and utility transmission lines and 
        pipelines) located on land administered by the Secretary, which 
        is developed through collecting, storing, retrieving, or 
        disseminating graphical or digital data and any information 
        related to the data, including surveys, maps, charts, images, 
        and services.
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
    (b) Cadastre of Federal Real Property.--
            (1) In general.--The Secretary is authorized--
                    (A) to develop and maintain a current and accurate 
                multipurpose cadastre to support Federal land 
                management activities for the Department of the 
                Interior;
                    (B) to incorporate any related inventories of 
                Federal real property, including any inventories 
                prepared under applicable land or resource management 
                plans; and
                    (C) to enter into discussions with other Federal 
                agencies to make the cadastre available for use by the 
                agency to support agency management activities.
            (2) Cost-sharing agreements.--
                    (A) In general.--The Secretary may enter into cost-
                sharing agreements with other Federal agencies, and 
                with States, Indian tribes, and local governments, to 
                include any non-Federal land in a State in the 
                cadastre.
                    (B) Cost share.--The Federal share of any cost 
                agreement described in subparagraph (A) shall not 
                exceed 50 percent of the total cost to a State, Indian 
                tribe, or local government for the development of the 
                cadastre of non-Federal land.
            (3) Consolidation and report.--Not later than 180 days 
        after the date of enactment of this Act, the Secretary shall 
        submit to the Committee on Energy and Natural Resources of the 
        Senate and the Committee on Natural Resources of the House of 
        Representatives a report on the real property inventories or 
        any components of any cadastre or related inventories that--
                    (A) exist as of the date of enactment of this Act;
                    (B) are authorized by law or conducted by the 
                Secretary; and
                    (C) are of sufficient accuracy to be included in 
                the cadastre authorized under paragraph (1).
            (4) Coordination.--In carrying out this subsection, the 
        Secretary shall--
                    (A) participate (in accordance with section 216 of 
                the E-Government Act of 2002 (44 U.S.C. 3501 note; 
                Public Law 107-347)) in the establishment of such 
                standards and common protocols as are necessary to 
                ensure the interoperability of geospatial information 
                pertaining to the cadastre for all users of the 
                information;
                    (B) coordinate with, seek assistance and 
                cooperation of, and provide liaison to the Federal 
                Geographic Data Committee pursuant to Office of 
                Management and Budget Circular A-16 and Executive Order 
                12906 (43 U.S.C. 1457 note; relating to coordinating 
                geographic data acquisition and access: the National 
                Spatial Data Infrastructure) for the implementation of 
                and compliance with such standards as may be applicable 
                to the cadastre;
                    (C) make the cadastre interoperable with the 
                Federal Real Property Profile established pursuant to 
                Executive Order 13327 (40 U.S.C. 121 note; relating to 
                Federal real property asset management);
                    (D) integrate with and leverage, to the maximum 
                extent practicable, cadastre activities of units of 
                State and local government; and
                    (E) use contracts with the private sector, if 
                practicable, to provide such products and services as 
                are necessary to develop the cadastre.
    (c) Transparency and Public Access.--The Secretary shall--
            (1) make the cadastre required under this section 
        publically available on the Internet in a graphically 
        geoenabled and searchable format; and
            (2) in consultation with the Secretary of Defense and the 
        Secretary of Homeland Security, prevent the disclosure of the 
        identity of any buildings or facilities, or information related 
        to the buildings or facilities, if the disclosure would impair 
        or jeopardize the national security or homeland defense of the 
        United States.
    (d) Effect.--Nothing in this section--
            (1) creates any substantive or procedural right or benefit;
            (2) authorizes any new surveying or mapping of Federal real 
        property, except that a Federal agency may conduct a new survey 
        to update the accuracy of the inventory data of the agency 
        before storage on a cadaster; or
            (3) authorizes--
                    (A) the evaluation of any real property owned by 
                the United States for disposal; or
                    (B) new appraisals or assessments of the value of--
                            (i) real property; or
                            (ii) cultural or archaeological resources 
                        on any parcel of Federal land or other real 
                        property.

SEC. 4402. QUADRENNIAL ENERGY REVIEW.

    (a) In General.--Section 801 of the Department of Energy 
Organization Act (42 U.S.C. 7321) is amended to read as follows:

``SEC. 801. QUADRENNIAL ENERGY REVIEW.

    ``(a) Quadrennial Energy Review Task Force.--
            ``(1) Establishment.--The President shall establish a 
        Quadrennial Energy Review Task Force (referred to in this 
        section as the `Task Force') to coordinate the Quadrennial 
        Energy Review.
            ``(2) Cochairpersons.--The President shall designate 
        appropriate senior Federal Government officials to be 
        cochairpersons of the Task Force.
            ``(3) Membership.--The Task Force may be comprised of 
        representatives at level I or II of the Executive Schedule of--
                    ``(A) the Department of Energy;
                    ``(B) the Department of Commerce;
                    ``(C) the Department of Defense;
                    ``(D) the Department of State;
                    ``(E) the Department of the Interior;
                    ``(F) the Department of Agriculture;
                    ``(G) the Department of the Treasury;
                    ``(H) the Department of Transportation;
                    ``(I) the Department of Homeland Security;
                    ``(J) the Office of Management and Budget;
                    ``(K) the National Science Foundation;
                    ``(L) the Environmental Protection Agency; and
                    ``(M) such other Federal agencies, and entities 
                within the Executive Office of the President, as the 
                President considers to be appropriate.
    ``(b) Conduct of Review.--
            ``(1) In general.--Each Quadrennial Energy Review shall be 
        conducted to--
                    ``(A) provide an integrated view of important 
                national energy objectives and Federal energy policy; 
                and
                    ``(B) identify the maximum practicable alignment of 
                research programs, incentives, regulations, and 
                partnerships.
            ``(2) Elements.--A Quadrennial Energy Review shall--
                    ``(A) establish integrated, governmentwide national 
                energy objectives in the context of economic, 
                environmental, and security priorities;
                    ``(B) recommend coordinated actions across Federal 
                agencies;
                    ``(C) assess and recommend priorities for research, 
                development, and demonstration;
                    ``(D) provide a strong analytical base for Federal 
                energy policy decisions;
                    ``(E) consider reasonable estimates of future 
                Federal budgetary resources when making 
                recommendations; and
                    ``(F) be conducted with substantial input from--
                            ``(i) Congress;
                            ``(ii) the energy industry;
                            ``(iii) academia;
                            ``(iv) State, local, and tribal 
                        governments;
                            ``(v) nongovernmental organizations; and
                            ``(vi) the public.
    ``(c) Submission of Quadrennial Energy Review to Congress.--
            ``(1) In general.--The President--
                    ``(A) shall publish and submit to Congress a report 
                on the Quadrennial Energy Review once every 4 years; 
                and
                    ``(B) more frequently than once every 4 years, as 
                the President determines to be appropriate, may prepare 
                and publish interim reports as part of the Quadrennial 
                Energy Review.
            ``(2) Inclusions.--The reports described in paragraph (1) 
        shall address or consider, as appropriate--
                    ``(A) an integrated view of short-term, 
                intermediate-term, and long-term objectives for Federal 
                energy policy in the context of economic, 
                environmental, and security priorities;
                    ``(B) potential executive actions (including 
                programmatic, regulatory, and fiscal actions) and 
                resource requirements--
                            ``(i) to achieve the objectives described 
                        in subparagraph (A); and
                            ``(ii) to be coordinated across multiple 
                        agencies;
                    ``(C) analysis of the existing and prospective 
                roles of parties (including academia, industry, 
                consumers, the public, and Federal agencies) in 
                achieving the objectives described in subparagraph (A), 
                including--
                            ``(i) an analysis by energy use sector, 
                        including--
                                    ``(I) commercial and residential 
                                buildings;
                                    ``(II) the industrial sector;
                                    ``(III) transportation; and
                                    ``(IV) electric power;
                            ``(ii) requirements for invention, 
                        adoption, development, and diffusion of energy 
                        technologies as they relate to each of the 
                        energy use sectors; and
                            ``(iii) other research that informs 
                        strategies to incentivize desired actions;
                    ``(D) assessment of policy options to increase 
                domestic energy supplies and energy efficiency;
                    ``(E) evaluation of national and regional energy 
                storage, transmission, and distribution requirements, 
                including requirements for renewable energy;
                    ``(F) portfolio assessments that describe the 
                optimal deployment of resources, including prioritizing 
                financial resources for energy-relevant programs;
                    ``(G) mapping of the linkages among basic research 
                and applied programs, demonstration programs, and other 
                innovation mechanisms across the Federal agencies;
                    ``(H) identification of demonstration projects;
                    ``(I) identification of public and private funding 
                needs for various energy technologies, systems, and 
                infrastructure, including consideration of public-
                private partnerships, loans, and loan guarantees;
                    ``(J) assessment of global competitors and an 
                identification of programs that can be enhanced with 
                international cooperation;
                    ``(K) identification of policy gaps that need to be 
                filled to accelerate the adoption and diffusion of 
                energy technologies, including consideration of--
                            ``(i) Federal tax policies; and
                            ``(ii) the role of Federal agencies as 
                        early adopters and purchasers of new energy 
                        technologies;
                    ``(L) priority listing for implementation of 
                objectives and actions taking into account estimated 
                Federal budgetary resources;
                    ``(M) analysis of--
                            ``(i) points of maximum leverage for policy 
                        intervention to achieve outcomes; and
                            ``(ii) areas of energy policy that can be 
                        most effective in meeting national goals for 
                        the energy sector; and
                    ``(N) recommendations for executive branch 
                organization changes to facilitate the development and 
                implementation of Federal energy policies.
    ``(d) Report Development.--The Secretary of Energy shall provide 
such support for the Quadrennial Energy Review with the necessary 
analytical, financial, and administrative support for the conduct of 
each Quadrennial Energy Review required under this section as may be 
requested by the cochairpersons designated under subsection (a)(2).
    ``(e) Cooperation.--The heads of applicable Federal agencies shall 
cooperate with the Secretary and provide such assistance, information, 
and resources as the Secretary may require to assist in carrying out 
this section.''.
    (b) Table of Contents Amendment.--The item relating to section 801 
in the table of contents of such Act is amended to read as follows:

``Sec. 801. Quadrennial Energy Review.''.
    (c) Administration.--Nothing in this section or an amendment made 
by this section supersedes, modifies, amends, or repeals any provision 
of Federal law not expressly superseded, modified, amended, or repealed 
by this section.

SEC. 4403. STATE OVERSIGHT OF OIL AND GAS PROGRAMS.

    On request of the Governor of a State, the Secretary of the 
Interior shall establish a program under which the Director of the 
Bureau of Land Management shall enter into a memorandum of 
understanding with the State to consider the costs and benefits of 
consistent rules and processes for the measurement of oil and gas 
production activities, inspection of meters or other measurement 
methodologies, and other operational activities, as determined by the 
Secretary of the Interior.

SEC. 4404. UNDER SECRETARY FOR SCIENCE AND ENERGY.

    (a) In General.--Section 202(b) of the Department of Energy 
Organization Act (42 U.S.C. 7132(b)) is amended--
            (1) in paragraph (1), by striking ``for Science'' and 
        inserting ``for Science and Energy (referred to in this 
        subsection as the `Under Secretary')'';
            (2) in paragraph (3), in the matter preceding subparagraph 
        (A), by striking ``for Science''; and
            (3) in paragraph (4)--
                    (A) in the matter preceding subparagraph (A), by 
                striking ``for Science'';
                    (B) in subparagraph (F), by striking ``and'' at the 
                end;
                    (C) in subparagraph (G), by striking the period at 
                the end and inserting a semicolon; and
                    (D) by inserting after subparagraph (G) the 
                following:
                    ``(H) establish appropriate linkages between 
                offices under the jurisdiction of the Under Secretary; 
                and
                    ``(I) perform such functions and duties as the 
                Secretary shall prescribe, consistent with this 
                section.''.
    (b) Conforming Amendment.--Section 641(h)(2) of the United States 
Energy Storage Competitiveness Act of 2007 (42 U.S.C. 17231(h)(2)) is 
amended by striking ``Under Secretary for Science'' and inserting 
``Under Secretary for Science and Energy''.

SEC. 4405. WESTERN AREA POWER ADMINISTRATION PILOT PROJECT.

    (a) In General.--The Administrator of the Western Area Power 
Administration (referred to in this section as the ``Administrator'') 
shall establish a pilot project, as part of the continuous process 
improvement program and to provide increased transparency for 
customers, to publish on a publicly available website of the Western 
Area Power Administration, a searchable database of the following 
information, beginning with fiscal year 2008, relating to the Western 
Area Power Administration:
            (1) By power system, rates charged to customers for power 
        and transmission service.
            (2) By power system, the amount of capacity or energy sold.
            (3) By region, a detailed accounting of the allocation of 
        budget authority, including--
                    (A) overhead costs;
                    (B) the number of contractors; and
                    (C) the number of full-time equivalents.
            (4) For the corporate services office, a detailed 
        accounting of the allocation of budget authority, including--
                    (A) overhead costs;
                    (B) the number of contractors;
                    (C) the number of full-time equivalents; and
                    (D) expenses charged to other Federal agencies or 
                programs for the administration of programs not related 
                to the marketing, transmission, or wheeling of Federal 
                hydropower resources, including--
                            (i) overhead costs;
                            (ii) the number of contractors; and
                            (iii) the number of full-time equivalents.
            (5) Capital expenditures, including--
                    (A) capital investments delineated by the year in 
                which each investment is placed into service; and
                    (B) the sources of capital for each investment.
    (b) Report.--Not less than once each year for the duration of the 
pilot project under this section, the Administrator shall submit to the 
Committee on Appropriations of the Senate and the Committee on 
Appropriations of the House of Representatives a report that--
            (1) describes the annual estimated avoided costs and the 
        savings as a result of the pilot project under this section; 
        and
            (2) includes a certification from the Administrator that--
                    (A) the rates for each power system do not recover 
                costs and expenses recovered by other power systems; 
                and
                    (B) each expense allocated by the corporate 
                services office to an individual power system is only 
                recovered once.
    (c) Termination.--The pilot project under this section shall 
terminate on the date that is 10 years after the date of enactment of 
this Act.

SEC. 4406. RESEARCH GRANTS DATABASE.

    (a) In General.--The Secretary shall establish and maintain a 
public database, accessible on the website of the Department, that 
contains a searchable listing of every unclassified research and 
development project contract, grant, cooperative agreement, task order 
for federally funded research and development centers, or other 
transaction administered by the Department.
    (b) Classified Projects.--Each year, the Secretary shall submit to 
the relevant committees of Congress a report that lists every 
classified project of the Department, including all relevant details of 
the projects.
    (c) Requirements.--Each listing described in subsections (a) and 
(b) shall include, at a minimum, for each listed project, the component 
carrying out the project, the project name, an abstract or summary of 
the project, funding levels, project duration, contractor or grantee 
name, and expected objectives and milestones.
    (d) Relevant Literature and Patents.--To the maximum extent 
practicable, the Secretary shall provide information through the public 
database established under subsection (a) on relevant literature and 
patents that are associated with each research and development project 
contract, grant, or cooperative agreement, or other transaction, of the 
Department.

SEC. 4407. REVIEW OF ECONOMIC IMPACT OF BSEE RULE ON SMALL ENTITIES.

    (a) Definitions.--In this section--
            (1) the term ``BSEE'' means the Bureau of Safety and 
        Environmental Enforcement;
            (2) the term ``Chief Counsel'' means the Chief Counsel for 
        Advocacy of the Small Business Administration;
            (3) the term ``covered proposed rule'' means the proposed 
        rule of the BSEE entitled ``Oil and Gas and Sulphur Operations 
        in the Outer Continental Shelf--Blowout Preventer Systems and 
        Well Control'' (80 Fed. Reg. 21504 (April 17, 2015)); and
            (4) the term ``small entity'' has the meaning given the 
        term in section 601 of title 5, United States Code.
    (b) Requirement To Conduct Review.--
            (1) In general.--If the BSEE issues a final rule for the 
        covered proposed rule, then not later than 1 year after the 
        effective date of the final rule the BSEE, in consultation with 
        the Chief Counsel, shall complete a review of the final rule 
        under section 610 of title 5, United States Code.
            (2) Assessment of economic impact.--In conducting the 
        review required under paragraph (1), the BSEE, in consultation 
        with the Chief Counsel, shall assess the economic impact of the 
        final rule on small entities in the oil and gas supply chain.
            (3) Report.--Not later than 180 days after the date on 
        which the review is completed under this subsection, the BSEE, 
        in consultation with the Chief Counsel, shall submit to 
        Congress a report on the findings of the review.

SEC. 4408. ENERGY EMERGENCY RESPONSE EFFORTS OF THE DEPARTMENT.

    (a) Congressional Declaration of Purpose.--Section 102 of the 
Department of Energy Organization Act (42 U.S.C. 7112) is amended by 
adding at the end the following:
            ``(20) To facilitate the development and implementation of 
        a strategy for responding to energy infrastructure and supply 
        emergencies through--
                    ``(A) continuously monitoring and publishing 
                information on the energy delivery and supply 
                infrastructure of the United States, including 
                electricity, liquid fuels, natural gas, and coal;
                    ``(B) managing Federal strategic energy reserves;
                    ``(C) advising national leadership during 
                emergencies on ways to respond to and minimize energy 
                disruptions; and
                    ``(D) working with Federal agencies and State and 
                local governments--
                            ``(i) to enhance energy emergency 
                        preparedness; and
                            ``(ii) to respond to and mitigate energy 
                        emergencies.''.
    (b) Under Secretary for Science and Energy.--Section 202(b)(4) of 
the Department of Energy Organization Act (42 U.S.C. 7132(b)(4)) (as 
amended by section 4404(a)(3)) is amended, in subparagraph (B), by 
inserting ``and applied energy'' before ``programs of the''.
    (c) Responsibilities of Assistant Secretaries.--Section 203(a) of 
the Department of Energy Organization Act (42 U.S.C. 7133(a)) is 
amended by adding at the end the following:
            ``(12) Emergency response functions, including assistance 
        in the prevention of, or in the response to, an emergency 
        disruption of energy supply, transmission, and distribution.''.

SEC. 4409. GAO REPORT ON BUREAU OF SAFETY AND ENVIRONMENTAL ENFORCEMENT 
              STATUTORY AND REGULATORY AUTHORITY FOR THE PROCUREMENT OF 
              HELICOPTER FUEL.

    Not later than 1 year after the date of enactment of this Act, the 
Comptroller General of the United States shall submit to the Committee 
on Energy and Natural Resources of the Senate and the Committee on 
Natural Resources of the House of Representatives a report that defines 
the statutory and regulatory authority of the Bureau of Safety and 
Environmental Enforcement with respect to legally procuring privately 
owned helicopter fuel, without agreement, from lessees, permit holders, 
operators of federally leased offshore facilities, or independent third 
parties not under contract with the Bureau of Safety and Environmental 
Enforcement or an agent of the Bureau of Safety and Environmental 
Enforcement.

SEC. 4410. CONVEYANCE OF FEDERAL LAND WITHIN THE SWAN LAKE 
              HYDROELECTRIC PROJECT BOUNDARY.

    Not later than 18 months after the date of enactment of this Act, 
the Secretary of the Interior, after consultation with the Secretary of 
Agriculture, shall--
            (1) survey the exterior boundaries of the tract of Federal 
        land within the project boundary of the Swan Lake Hydroelectric 
        Project (FERC No. 2911) as generally depicted and labeled 
        ``Lost Creek'' on the map entitled ``Swan Lake Project 
        Boundary--Lot 2'' and dated February 1, 2016; and
            (2) issue a patent to the State of Alaska for the tract 
        described in paragraph (1) in accordance with--
                    (A) the survey authorized under paragraph (1);
                    (B) section 6(a) of the Act of July 7, 1958 
                (commonly known as the ``Alaska Statehood Act'') (48 
                U.S.C. note prec. 21; Public Law 85-508); and
                    (C) section 24 of the Federal Power Act (16 U.S.C. 
                818).

SEC. 4411. STUDY OF WAIVERS OF CERTAIN COST-SHARING REQUIREMENTS.

    Not later than 180 days after the date of enactment of this Act, 
the Secretary shall--
            (1) complete a study on the ability of, and any actions 
        before the date of enactment of this Act by, the Secretary to 
        waive the cost-sharing requirement under section 988 of the 
        Energy Policy Act of 2005 (42 U.S.C. 16352); and
            (2) based on the results of the study under paragraph (1), 
        make recommendations to Congress for the issuance of, and 
        factors that should be considered with respect to, waivers of 
        the cost-sharing requirement by the Secretary.

SEC. 4412. NATIONAL PARK CENTENNIAL.

    (a) National Park Centennial Challenge Fund.--
            (1) In general.--Chapter 1049 of title 54, United States 
        Code (as amended by section 5001(a)), is amended by adding at 
        the end the following:
``Sec. 104909. National Park Centennial Challenge Fund
    ``(a) Purpose.--The purpose of this section is to establish a fund 
in the Treasury--
            ``(1) to finance signature projects and programs to enhance 
        the National Park System as the centennial of the National Park 
        System approaches in 2016; and
            ``(2) to prepare the System for another century of 
        conservation, preservation, and enjoyment.
    ``(b) Definitions.--In this section:
            ``(1) Challenge fund.--The term `Challenge Fund' means the 
        National Park Centennial Challenge Fund established by 
        subsection (c)(1).
            ``(2) Qualified donation.--The term `qualified donation' 
        means a cash donation or the pledge of a cash donation 
        guaranteed by an irrevocable letter of credit to the Service 
        that the Secretary certifies is to be used for a signature 
        project or program.
            ``(3) Signature project or program.--The term `signature 
        project or program' means any project or program identified by 
        the Secretary as a project or program that would further the 
        purposes of the System or any System unit.
    ``(c) National Park Centennial Challenge Fund.--
            ``(1) Establishment.--There is established in the Treasury 
        of the United States a fund, to be known as the `National Park 
        Centennial Challenge Fund'.
            ``(2) Deposits.--The Challenge Fund shall consist of--
                    ``(A) qualified donations that are transferred from 
                the Service donation account, in accordance with 
                subsection (e)(1); and
                    ``(B) not more than $17,500,000, to be appropriated 
                from the general fund of the Treasury, in accordance 
                with subsection (e)(2).
            ``(3) Availability.--Amounts in the Challenge Fund shall--
                    ``(A) be available to the Secretary for signature 
                projects and programs under this title, without further 
                appropriation; and
                    ``(B) remain available until expended.
    ``(d) Signature Projects and Programs.--
            ``(1) Development of list.--Not later than 180 days after 
        the date of enactment of this section, the Secretary shall 
        develop a list of signature projects and programs eligible for 
        funding from the Challenge Fund.
            ``(2) Submission to congress.--The Secretary shall submit 
        to the Committees on Appropriations and Energy and Natural 
        Resources of the Senate and the Committees on Appropriations 
        and Natural Resources of the House of Representatives the list 
        developed under paragraph (1).
            ``(3) Updates.--Subject to the notice requirements under 
        paragraph (2), the Secretary may add any signature project or 
        program to the list developed under paragraph (1).
    ``(e) Donations and Matching Federal Funds.--
            ``(1) Qualified donations.--The Secretary may transfer any 
        qualified donations to the Challenge Fund.
            ``(2) Matching amount.--There is authorized to be 
        appropriated to the Challenge Fund for each fiscal year through 
        fiscal year 2020 an amount equal to the amount of qualified 
        donations received for the fiscal year.
            ``(3) Solicitation.--Nothing in this section expands any 
        authority of the Secretary, the Service, or any employee of the 
        Service to receive or solicit donations.
    ``(f) Report to Congress.--The Secretary shall provide with the 
submission of the budget of the President to Congress for each fiscal 
year a report on the status and funding of the signature projects and 
programs.''.
            (2) Clerical amendment.--The table of sections affected for 
        title 54, United States Code (as amended by section 5001(b)), 
        is amended by inserting after the item relating to section 
        104908 the following:

``Sec. 104909. National Park Centennial Challenge Fund.''.
    (b) Second Century Endowment for the National Park System.--
            (1) In general.--Subchapter II of chapter 1011 of title 54, 
        United States Code, is amended by adding at the end the 
        following:
``Sec. 101121. Second Century Endowment for the National Park System
    ``(a) In General.--The National Park Foundation shall establish an 
endowment, to be known as the `Second Century Endowment for the 
National Park System' (referred to in this section as the `Endowment').
    ``(b) Campaign.--To further the mission of the Service, the 
National Park Foundation may undertake a campaign to fund the Endowment 
through gifts, devises, or bequests, in accordance with section 101113.
    ``(c) Use of Proceeds.--
            ``(1) In general.--On request of the Secretary, the 
        National Park Foundation shall expend proceeds from the 
        Endowment in accordance with projects and programs in 
        furtherance of the mission of the Service, as identified by the 
        Secretary.
            ``(2) Management.--The National Park Foundation shall 
        manage the Endowment in a manner that ensures that annual 
        expenditures as a percentage of the principal are consistent 
        with Internal Revenue Service guidelines for endowments 
        maintained for charitable purposes.
    ``(d) Investments.--The National Park Foundation shall--
            ``(1) maintain the Endowment in an interest-bearing 
        account; and
            ``(2) invest Endowment proceeds with the purpose of 
        supporting and enriching the System in perpetuity.
    ``(e) Report.--Each year, the National Park Foundation shall make 
publicly available information on the amounts deposited into, and 
expended from, the Endowment.''.
            (2) Clerical amendment.--The table of sections affected for 
        title 54, United States Code, is amended by inserting after the 
        item relating to section 101120 the following:

``Sec. 101121. Second Century Endowment for the National Park 
                            System.''.
    (c) National Park Service Intellectual Property Protection.--
            (1) In general.--Chapter 1049 of title 54, United States 
        Code (as amended by subsection (a)(1)), is amended by adding at 
        the end the following:
``Sec. 104910. Intellectual property
    ``(a) Definitions.--In this section:
            ``(1) Service emblem.--
                    ``(A) In general.--The term `Service emblem' means 
                any word, phrase, insignia, logo, logotype, trademark, 
                service mark, symbol, design, graphic, image, color, 
                badge, uniform, or any combination of emblems used to 
                identify the Service or a component of the System.
                    ``(B) Inclusions.--The term `Service emblem' 
                includes--
                            ``(i) the Service name;
                            ``(ii) an official System unit name;
                            ``(iii) any other name used to identify a 
                        Service component or program; and
                            ``(iv) the Arrowhead symbol.
            ``(2) Service uniform.--The term `Service uniform' means 
        any combination of apparel, accessories, or emblems, any 
        distinctive clothing or other items of dress, or a 
        representation of dress--
                    ``(A) that is worn during the performance of 
                official duties; and
                    ``(B) that identifies the wearer as a Service 
                employee.
    ``(b) Prohibited Acts.--No person shall, without the written 
permission of the Secretary--
            ``(1) use any Service emblem or uniform, or any word, term, 
        name, symbol or device or any combination of emblems to suggest 
        any colorable likeness of the Service emblem or Service uniform 
        in connection with goods or services in commerce if the use is 
        likely to cause confusion, or to deceive the public into 
        believing that the emblem or uniform is from or connected with 
        the Service;
            ``(2) use any Service emblem or Service uniform or any 
        word, term, name, symbol, device, or any combination of emblems 
        or uniforms to suggest any likeness of the Service emblem or 
        Service uniform in connection with goods or services in 
        commerce in a manner reasonably calculated to convey the 
        impression to the public that the goods or services are 
        approved, endorsed, or authorized by the Service;
            ``(3) use in commerce any word, term, name, symbol, device 
        or any combination of words, terms, names, symbols, or devices 
        to suggest any likeness of the Service emblem or Service 
        uniform in a manner that is reasonably calculated to convey the 
        impression that the wearer of the item of apparel is acting 
        pursuant to the legal authority of the Service; or
            ``(4) knowingly make any false statement for the purpose of 
        obtaining permission to use any Service emblem or Service 
        uniform.''.
            (2) Clerical amendment.--The table of sections affected for 
        title 54, United States Code, is amended by inserting after the 
        item relating to section 104908 (as added by subsection (a)(2)) 
        the following:

``Sec. 104910. Intellectual property.''.
    (d) National Park Service Education and Interpretation.--
            (1) In general.--Division A of subtitle I of title 54, 
        United States Code, is amended by inserting after chapter 1007 
        the following:

              ``CHAPTER 1008--EDUCATION AND INTERPRETATION

              ``CHAPTER 1008--Education and Interpretation

``Sec.
``100801. Definitions.
``100802. Interpretation and education authority.
``100803. Interpretation and education evaluation and quality 
                            improvement.
``100804. Improved utilization of partners and volunteers in 
                            interpretation and education.
``Sec. 100801. Definitions
    ``In this chapter:
            ``(1) Education.--The term `education' means enhancing 
        public awareness, understanding, and appreciation of the 
        resources of the System through learner-centered, place-based 
        materials, programs, and activities that achieve specific 
        learning objectives as identified in a curriculum.
            ``(2) Interpretation.--The term `interpretation' means--
                    ``(A) providing opportunities for people to form 
                intellectual and emotional connections to gain 
                awareness, appreciation, and understanding of the 
                resources of the System; and
                    ``(B) the professional career field of Service 
                employees, volunteers, and partners who interpret the 
                resources of the System.
            ``(3) Related area.--The term `related area' means--
                    ``(A) a component of the National Trails System;
                    ``(B) a National Heritage Area; and
                    ``(C) an affiliated area administered in connection 
                with the System.
``Sec. 100802. Interpretation and education authority
    ``The Secretary shall ensure that management of System units and 
related areas is enhanced by the availability and utilization of a 
broad program of the highest quality interpretation and education.
``Sec. 100803. Interpretation and education evaluation and quality 
              improvement
    ``The Secretary may undertake a program of regular evaluation of 
interpretation and education programs to ensure that the programs--
            ``(1) adjust to the ways in which people learn and engage 
        with the natural world and shared heritage as embodied in the 
        System;
            ``(2) reflect different cultural backgrounds, ages, 
        education, gender, abilities, ethnicity, and needs;
            ``(3) demonstrate innovative approaches to management and 
        appropriately incorporate emerging learning and communications 
        technology; and
            ``(4) reflect current scientific and academic research, 
        content, methods, and audience analysis.
``Sec. 100804. Improved utilization of partners and volunteers in 
              interpretation and education
    ``The Secretary may--
            ``(1) coordinate with System unit partners and volunteers 
        in the delivery of quality programs and services to supplement 
        the programs and services provided by the Service as part of a 
        Long-Range Interpretive Plan for a System unit;
            ``(2) support interpretive partners by providing 
        opportunities to participate in interpretive training; and
            ``(3) collaborate with other Federal and non-Federal public 
        or private agencies, organizations, or institutions for the 
        purposes of developing, promoting, and making available 
        educational opportunities related to resources of the System 
        and programs.''.
            (2) Clerical amendment.--The table of chapters for division 
        A of subtitle I of title 54, United States Code, is amended by 
        inserting after the item relating to chapter 1007 the 
        following:

``1008.  Education and Interpretation.......................  100801''.
    (e) Public Land Corps Amendments.--
            (1) Definitions.--Section 203(10)(A) of the Public Lands 
        Corps Act of 1993 (16 U.S.C. 1722(10)(A)) is amended by 
        striking ``25'' and inserting ``30''.
            (2) Participants.--Section 204(b) of the Public Lands Corps 
        Act of 1993 (16 U.S.C. 1723(b)) is amended in the first 
        sentence by striking ``25'' and inserting ``30''.
            (3) Hiring.--Section 207(c)(2) of the Public Lands Corps 
        Act of 1993 (16 U.S.C., 1726(c)(2)) is amended by striking 
        ``120 days'' and inserting ``2 years''.
    (f) National Park Foundation.--Subchapter II of chapter 1011 of 
title 54, United States Code, is amended--
            (1) in section 101112--
                    (A) by striking subsection (a) and inserting the 
                following:
    ``(a) Membership.--The National Park Foundation shall consist of a 
Board having as members at least 6 private citizens of the United 
States appointed by the Secretary, with the Secretary and the Director 
serving as ex officio members of the Board.''; and
                    (B) by striking subsection (c) and inserting the 
                following:
    ``(c) Chairman.--
            ``(1) Selection.--The Board shall select a Chairman of the 
        Board from among the members of the Board.
            ``(2) Term.--The Chairman of the Board shall serve for a 2-
        year term.''; and
            (2) in section 101113(a)--

SEC. 4413. PROGRAM TO REDUCE THE POTENTIAL IMPACTS OF SOLAR ENERGY 
              FACILITIES ON CERTAIN SPECIES.

    In carrying out a program of the Department relating to solar 
energy or the conduct of solar energy projects using funds provided by 
the Department, the Secretary shall establish a program to undertake 
research that--
            (1) identifies baseline avian populations and mortality; 
        and
            (2) quantifies the impacts of solar energy projects on 
        birds, as compared to other threats to birds.

SEC. 4414. WILD HORSES IN AND AROUND THE CURRITUCK NATIONAL WILDLIFE 
              REFUGE.

    (a) Genetic Diversity.--The Secretary of the Interior (referred to 
in this section as the ``Secretary''), in consultation with the North 
Carolina Department of Environment and Natural Resources, Currituck 
County, North Carolina, and the Corolla Wild Horse Fund, shall allow 
for the introduction of a small number of free-roaming wild horses from 
the Cape Lookout National Seashore as necessary to ensure the genetic 
diversity and viability of the wild horse population currently found in 
and around the Currituck National Wildlife Refuge, consistent with--
            (1) the laws (including regulations) applicable to the 
        Currituck National Wildlife Refuge and the Cape Lookout 
        National Seashore; and
            (2) the December 2014 Wild Horse Management Agreement 
        approved by the United States Fish and Wildlife Service, the 
        North Carolina Department of Environment and Natural Resources, 
        Currituck County, North Carolina, and the Corolla Wild Horse 
        Fund.
    (b) Agreement.--
            (1) In general.--The Secretary may enter into an agreement 
        with the Corolla Wild Horse Fund to provide for the cost-
        effective management of the horses in and around the Currituck 
        National Wildlife Refuge while ensuring that natural resources 
        within the Currituck National Wildlife Refuge are not adversely 
        impacted.
            (2) Requirements.--The agreement entered into under 
        paragraph (1) shall specify that the Corolla Wild Horse Fund 
        shall pay the costs associated with--
                    (A) coordinating and conducting a periodic census, 
                and inspecting the health, of the horses;
                    (B) maintaining records of the horses living in the 
                wild and in confinement;
                    (C) coordinating and conducting the removal and 
                placement of horses and monitoring of any horses 
                removed from the Currituck County Outer Banks; and
                    (D) administering a viable population control plan 
                for the horses, including auctions, adoptions, 
                contraceptive fertility methods, and other viable 
                options.

                          Subtitle F--Markets

SEC. 4501. ENHANCED INFORMATION ON CRITICAL ENERGY SUPPLIES.

    (a) In General.--Section 205 of the Department of Energy 
Organization Act (42 U.S.C. 7135) is amended by adding at the end the 
following:
    ``(n) Collection of Information on Critical Energy Supplies.--
            ``(1) In general.--To ensure transparency of information 
        relating to energy infrastructure and product ownership in the 
        United States and improve the ability to evaluate the energy 
        security of the United States, the Administrator, in 
        consultation with other Federal agencies (as necessary), 
        shall--
                    ``(A) not later than 120 days after the date of 
                enactment of this subsection, develop and provide 
                notice of a plan to collect, in cooperation with the 
                Commodity Futures Trade Commission, information 
                identifying all oil inventories, and other physical oil 
                assets (including all petroleum-based products and the 
                storage of such products in off-shore tankers), that 
                are owned by the 50 largest traders of oil contracts 
                (including derivative contracts), as determined by the 
                Commodity Futures Trade Commission; and
                    ``(B) not later than 90 days after the date on 
                which notice is provided under subparagraph (A), 
                implement the plan described in that subparagraph.
            ``(2) Information.--The plan required under paragraph (1) 
        shall include a description of the plan of the Administrator 
        for collecting company-specific data, including--
                    ``(A) volumes of product under ownership; and
                    ``(B) storage and transportation capacity 
                (including owned and leased capacity).
            ``(3) Protection of proprietary information.--Section 12(f) 
        of the Federal Energy Administration Act of 1974 (15 U.S.C. 
        771(f)) shall apply to information collected under this 
        subsection.
    ``(o) Collection of Information on Storage Capacity for Oil and 
Natural Gas.--
            ``(1) In general.--Not later than 90 days after the date of 
        enactment of this subsection, the Administrator of the Energy 
        Information Administration shall collect information 
        quantifying the commercial storage capacity for oil and natural 
        gas in the United States.
            ``(2) Updates.--The Administrator shall update annually the 
        information required under paragraph (1).
            ``(3) Protection of proprietary information.--Section 12(f) 
        of the Federal Energy Administration Act of 1974 (15 U.S.C. 
        771(f)) shall apply to information collected under this 
        subsection.
    ``(p) Financial Market Analysis Office.--
            ``(1) Establishment.--There shall be within the Energy 
        Information Administration a Financial Market Analysis Office.
            ``(2) Duties.--The Office shall--
                    ``(A) be responsible for analysis of the financial 
                aspects of energy markets;
                    ``(B) review the reports required by section 
                4503(c) of the Energy Policy Modernization Act of 2016 
                in advance of the submission of the reports to 
                Congress; and
                    ``(C) not later than 1 year after the date of 
                enactment of this subsection--
                            ``(i) make recommendations to the 
                        Administrator of the Energy Information 
                        Administration that identify and quantify any 
                        additional resources that are required to 
                        improve the ability of the Energy Information 
                        Administration to more fully integrate 
                        financial market information into the analyses 
                        and forecasts of the Energy Information 
                        Administration, including the role of energy 
                        futures contracts, energy commodity swaps, and 
                        derivatives in price formation for oil;
                            ``(ii) conduct a review of implications of 
                        policy changes (including changes in export or 
                        import policies) and changes in how crude oil 
                        and refined petroleum products are transported 
                        with respect to price formation of crude oil 
                        and refined petroleum products; and
                            ``(iii) notify the Committee on Energy and 
                        Natural Resources, and the Committee on 
                        Appropriations, of the Senate and the Committee 
                        on Energy and Commerce, and the Committee on 
                        Appropriations, of the House of Representatives 
                        of the recommendations described in clause (i).
            ``(3) Analyses.--The Administrator of the Energy 
        Information Administration shall take analyses by the Office 
        into account in conducting analyses and forecasting of energy 
        prices.''.
    (b) Conforming Amendment.--Section 645 of the Department of Energy 
Organization Act (42 U.S.C. 7255) is amended by inserting ``(15 U.S.C. 
3301 et seq.) and the Natural Gas Act (15 U.S.C. 717 et seq.)'' after 
``Natural Gas Policy Act of 1978''.

SEC. 4502. WORKING GROUP ON ENERGY MARKETS.

    (a) Establishment.--There is established a Working Group on Energy 
Markets (referred to in this section as the ``Working Group'').
    (b) Composition.--The Working Group shall be composed of--
            (1) the Secretary;
            (2) the Secretary of the Treasury;
            (3) the Chairman of the Federal Energy Regulatory 
        Commission;
            (4) the Chairman of Federal Trade Commission;
            (5) the Chairman of the Securities and Exchange Commission;
            (6) the Chairman of the Commodity Futures Trading 
        Commission; and
            (7) the Administrator of the Energy Information 
        Administration.
    (c) Chairperson.--The Secretary shall serve as the Chairperson of 
the Working Group.
    (d) Compensation.--A member of the Working Group shall serve 
without additional compensation for the work of the member of the 
Working Group.
    (e) Purpose and Function.--The Working Group shall--
            (1) investigate the effect of increased financial 
        investment in energy commodities on energy prices and the 
        energy security of the United States;
            (2) recommend to the President and Congress laws (including 
        regulations) that may be needed to prevent excessive 
        speculation in energy commodity markets in order to prevent or 
        minimize the adverse impact of excessive speculation on energy 
        prices on consumers and the economy of the United States; and
            (3) review energy security implications of developments in 
        international energy markets.
    (f) Administration.--The Secretary shall provide the Working Group 
with such administrative and support services as may be necessary for 
the performance of the functions of the Working Group.
    (g) Cooperation of Other Agencies.--The heads of Executive 
departments, agencies, and independent instrumentalities shall, to the 
extent permitted by law, provide the Working Group with such 
information as the Working Group requires to carry out this section.
    (h) Consultation.--The Working Group shall consult, as appropriate, 
with representatives of the various exchanges, clearinghouses, self-
regulatory bodies, other major market participants, consumers, and the 
general public.

SEC. 4503. STUDY OF REGULATORY FRAMEWORK FOR ENERGY MARKETS.

    (a) Study.--The Working Group shall conduct a study--
            (1) to identify the factors that affect the pricing of 
        crude oil and refined petroleum products, including an 
        examination of the effects of market speculation on prices; and
            (2) to review and assess--
                    (A) existing statutory authorities relating to the 
                oversight and regulation of markets critical to the 
                energy security of the United States; and
                    (B) the need for additional statutory authority for 
                the Federal Government to effectively oversee and 
                regulate markets critical to the energy security of the 
                United States.
    (b) Elements of Study.--The study shall include--
            (1) an examination of price formation of crude oil and 
        refined petroleum products;
            (2) an examination of relevant international regulatory 
        regimes; and
            (3) an examination of the degree to which changes in energy 
        market transparency, liquidity, and structure have influenced 
        or driven abuse, manipulation, excessive speculation, or 
        inefficient price formation.
    (c) Report and Recommendations.--The Secretary shall submit to the 
Committee on Energy and Natural Resources of the Senate and the 
Committee on Energy and Commerce of the House of Representatives 
quarterly progress reports during the conduct of the study under this 
section, and a final report not later than 1 year after the date of 
enactment of this Act, that--
            (1) describes the results of the study; and
            (2) provides options and the recommendations of the Working 
        Group for appropriate Federal coordination of oversight and 
        regulatory actions to ensure transparency of crude oil and 
        refined petroleum product pricing and the elimination of 
        excessive speculation, including recommendations on data 
        collection and analysis to be carried out by the Financial 
        Market Analysis Office established by section 205(p) of the 
        Department of Energy Organization Act (42 U.S.C. 7135(p)).

                       Subtitle G--Affordability

SEC. 4601. E-PRIZE COMPETITION PILOT PROGRAM.

    Section 1008 of the Energy Policy Act of 2005 (42 U.S.C. 16396) is 
amended by adding at the end the following:
    ``(g) E-prize Competition Pilot Program.--
            ``(1) Definitions.--In this section:
                    ``(A) Eligible entity.--The term `eligible entity' 
                means--
                            ``(i) a private sector for-profit or 
                        nonprofit entity;
                            ``(ii) a public-private partnership; or
                            ``(iii) a local, municipal, or tribal 
                        governmental entity.
                    ``(B) High-cost region.--The term `high-cost 
                region' means a region in which the average annual 
                unsubsidized costs of electrical power retail rates or 
                household space heating costs per square foot exceed 
                150 percent of the national average, as determined by 
                the Secretary.
            ``(2) E-prize competition pilot program.--
                    ``(A) In general.--The Secretary shall establish an 
                e-prize competition or challenge pilot program to 
                broadly implement sustainable community and regional 
                energy solutions that seek to reduce energy costs 
                through increased efficiency, conservation, and 
                technology innovation in high-cost regions.
                    ``(B) Selection.--In carrying out the pilot program 
                under subparagraph (A), the Secretary shall award a 
                prize purse, in amounts to be determined by the 
                Secretary, to each eligible entity selected through 1 
                or more of the following competitions or challenges:
                            ``(i) A point solution competition that 
                        rewards and spurs the development of solutions 
                        for a particular, well-defined problem.
                            ``(ii) An exposition competition that helps 
                        identify and promote a broad range of ideas and 
                        practices that may not otherwise attract 
                        attention, facilitating further development of 
                        the idea or practice by third parties.
                            ``(iii) A participation competition that 
                        creates value during and after the competition 
                        by encouraging contestants to change their 
                        behavior or develop new skills that may have 
                        beneficial effects during and after the 
                        competition.
                            ``(iv) Such other types of prizes or 
                        challenges as the Secretary, in consultation 
                        with relevant heads of Federal agencies, 
                        considers appropriate to stimulate innovation 
                        that has the potential to advance the mission 
                        of the applicable Federal agency.
            ``(3) Authorization of appropriations.--There is authorized 
        to be appropriated to carry out this subsection $10,000,000, to 
        remain available until expended.''.

SEC. 4602. CARBON DIOXIDE CAPTURE TECHNOLOGY PRIZE.

    Section 1008 of the Energy Policy Act of 2005 (42 U.S.C. 16396) (as 
amended by section 4601) is amended by adding at the end the following:
    ``(h) Carbon Dioxide Capture Technology Prize.--
            ``(1) Definitions.--In this subsection:
                    ``(A) Board.--The term `Board' means the Carbon 
                Dioxide Capture Technology Advisory Board established 
                by paragraph (6).
                    ``(B) Dilute.--The term `dilute' means a 
                concentration of less than 1 percent by volume.
                    ``(C) Intellectual property.--The term 
                `intellectual property' means--
                            ``(i) an invention that is patentable under 
                        title 35, United States Code; and
                            ``(ii) any patent on an invention described 
                        in clause (i).
                    ``(D) Secretary.--The term `Secretary' means the 
                Secretary of Energy or designee, in consultation with 
                the Board.
            ``(2) Authority.--Not later than 1 year after the date of 
        enactment of this subsection, as part of the program carried 
        out under this section, the Secretary shall establish and award 
        competitive technology financial awards for carbon dioxide 
        capture from media in which the concentration of carbon dioxide 
        is dilute.
            ``(3) Duties.--In carrying out this subsection, the 
        Secretary shall--
                    ``(A) subject to paragraph (4), develop specific 
                requirements for--
                            ``(i) the competition process;
                            ``(ii) minimum performance standards for 
                        qualifying projects; and
                            ``(iii) monitoring and verification 
                        procedures for approved projects;
                    ``(B) establish minimum levels for the capture of 
                carbon dioxide from a dilute medium that are required 
                to be achieved to qualify for a financial award 
                described in subparagraph (C);
                    ``(C) offer financial awards for--
                            ``(i) a design for a promising capture 
                        technology;
                            ``(ii) a successful bench-scale 
                        demonstration of a capture technology;
                            ``(iii) a design for a technology described 
                        in clause (i) that will--
                                    ``(I) be operated on a 
                                demonstration scale; and
                                    ``(II) achieve significant 
                                reduction in the level of carbon 
                                dioxide; and
                            ``(iv) an operational capture technology on 
                        a commercial scale that meets the minimum 
                        levels described in subparagraph (B); and
                    ``(D) submit to Congress--
                            ``(i) an annual report that describes the 
                        progress made by the Board and recipients of 
                        financial awards under this subsection in 
                        achieving the demonstration goals established 
                        under subparagraph (C); and
                            ``(ii) not later than 1 year after the date 
                        of enactment of this subsection, a report on 
                        the adequacy of authorized funding levels in 
                        this subsection.
            ``(4) Public participation.--In carrying out paragraph 
        (3)(A), the Board shall--
                    ``(A) provide notice of and, for a period of at 
                least 60 days, an opportunity for public comment on, 
                any draft or proposed version of the requirements 
                described in paragraph (3)(A); and
                    ``(B) take into account public comments received in 
                developing the final version of those requirements.
            ``(5) Peer review.--No financial awards may be provided 
        under this subsection until the proposal for which the award is 
        sought has been peer reviewed in accordance with such standards 
        for peer review as are established by the Secretary.
            ``(6) Carbon dioxide capture technology advisory board.--
                    ``(A) Establishment.--There is established an 
                advisory board to be known as the `Carbon Dioxide 
                Capture Technology Advisory Board'.
                    ``(B) Composition.--The Board shall be composed of 
                9 members appointed by the President, who shall provide 
                expertise in--
                            ``(i) climate science;
                            ``(ii) physics;
                            ``(iii) chemistry;
                            ``(iv) biology;
                            ``(v) engineering;
                            ``(vi) economics;
                            ``(vii) business management; and
                            ``(viii) such other disciplines as the 
                        Secretary determines to be necessary to achieve 
                        the purposes of this subsection.
                    ``(C) Term; vacancies.--
                            ``(i) Term.--A member of the Board shall 
                        serve for a term of 6 years.
                            ``(ii) Vacancies.--A vacancy on the Board--
                                    ``(I) shall not affect the powers 
                                of the Board; and
                                    ``(II) shall be filled in the same 
                                manner as the original appointment was 
                                made.
                    ``(D) Initial meeting.--Not later than 30 days 
                after the date on which all members of the Board have 
                been appointed, the Board shall hold the initial 
                meeting of the Board.
                    ``(E) Meetings.--The Board shall meet at the call 
                of the Chairperson.
                    ``(F) Quorum.--A majority of the members of the 
                Board shall constitute a quorum, but a lesser number of 
                members may hold hearings.
                    ``(G) Chairperson and vice chairperson.--The Board 
                shall select a Chairperson and Vice Chairperson from 
                among the members of the Board.
                    ``(H) Compensation.--Each member of the Board may 
                be compensated at not to exceed the daily equivalent of 
                the annual rate of basic pay in effect for a position 
                at level V of the Executive Schedule for each day 
                during which the member is engaged in the actual 
                performance of the duties of the Board.
                    ``(I) Duties.--The Board shall advise the Secretary 
                on carrying out the duties of the Secretary under this 
                subsection.
            ``(7) Intellectual property.--
                    ``(A) In general.--As a condition of receiving a 
                financial award under this subsection, an applicant 
                shall agree to vest the intellectual property of the 
                applicant derived from the technology in 1 or more 
                entities that are incorporated in the United States.
                    ``(B) Reservation of license.--The United States--
                            ``(i) may reserve a nonexclusive, 
                        nontransferable, irrevocable, paid-up license, 
                        to have practiced for or on behalf of the 
                        United States, in connection with any 
                        intellectual property described in subparagraph 
                        (A); but
                            ``(ii) shall not, in the exercise of a 
                        license reserved under clause (i), publicly 
                        disclose proprietary information relating to 
                        the license.
                    ``(C) Transfer of title.--Title to any intellectual 
                property described in subparagraph (A) shall not be 
                transferred or passed, except to an entity that is 
                incorporated in the United States, until the expiration 
                of the first patent obtained in connection with the 
                intellectual property.
            ``(8) Authorization of appropriations.--There are 
        authorized to be appropriated to carry out this subsection 
        $50,000,000, to remain available until expended.
            ``(9) Termination of authority.--The Board and all 
        authority provided under this subsection shall terminate on 
        December 31, 2026.''.

                      Subtitle H--Code Maintenance

SEC. 4701. REPEAL OF OFF-HIGHWAY MOTOR VEHICLES STUDY.

    (a) Repeal.--Part I of title III of the Energy Policy and 
Conservation Act (42 U.S.C. 6373) is repealed.
    (b) Conforming Amendment.--The table of contents for the Energy 
Policy and Conservation Act (Public Law 94-163; 89 Stat. 871) is 
amended--
            (1) by striking the item relating to part I of title III; 
        and
            (2) by striking the item relating to section 385.

SEC. 4702. REPEAL OF METHANOL STUDY.

    Section 400EE of the Energy Policy and Conservation Act (42 U.S.C. 
6374d) is amended--
            (1) by striking subsection (a); and
            (2) by redesignating subsections (b) and (c) as subsections 
        (a) and (b), respectively.

SEC. 4703. REPEAL OF AUTHORIZATION OF APPROPRIATIONS PROVISION.

    (a) Repeal.--Section 208 of the Energy Conservation and Production 
Act (42 U.S.C. 6808) is repealed.
    (b) Conforming Amendment.--The table of contents for the Energy 
Conservation and Production Act (Public Law 94-385; 90 Stat. 1126) is 
amended by striking the item relating to section 208.

SEC. 4704. REPEAL OF RESIDENTIAL ENERGY EFFICIENCY STANDARDS STUDY.

    (a) Repeal.--Section 253 of the National Energy Conservation Policy 
Act (42 U.S.C. 8232) is repealed.
    (b) Conforming Amendment.--The table of contents for the National 
Energy Conservation Policy Act (Public Law 95-619; 92 Stat. 3206) is 
amended by striking the item relating to section 253.

SEC. 4705. REPEAL OF WEATHERIZATION STUDY.

    (a) Repeal.--Section 254 of the National Energy Conservation Policy 
Act (42 U.S.C. 8233) is repealed.
    (b) Conforming Amendment.--The table of contents for the National 
Energy Conservation Policy Act (Public Law 95-619; 92 Stat. 3206) is 
amended by striking the item relating to section 254.

SEC. 4706. REPEAL OF REPORT TO CONGRESS.

    (a) Repeal.--Section 273 of the National Energy Conservation Policy 
Act (42 U.S.C. 8236b) is repealed.
    (b) Conforming Amendment.--The table of contents for the National 
Energy Conservation Policy Act (Public Law 95-619; 92 Stat. 3206) is 
amended by striking the item relating to section 273.

SEC. 4707. REPEAL OF REPORT BY GENERAL SERVICES ADMINISTRATION.

    (a) Repeal.--Section 154 of the Energy Policy Act of 1992 (42 
U.S.C. 8262a) is repealed.
    (b) Conforming Amendments.--
            (1) The table of contents for the Energy Policy Act of 1992 
        (Public Law 102-486; 106 Stat. 2776) is amended by striking the 
        item relating to section 154.
            (2) Section 159 of the Energy Policy Act of 1992 (42 U.S.C. 
        8262e) is amended by striking subsection (c).

SEC. 4708. REPEAL OF INTERGOVERNMENTAL ENERGY MANAGEMENT PLANNING AND 
              COORDINATION WORKSHOPS.

    (a) Repeal.--Section 156 of the Energy Policy Act of 1992 (42 
U.S.C. 8262b) is repealed.
    (b) Conforming Amendment.--The table of contents for the Energy 
Policy Act of 1992 (Public Law 102-486; 106 Stat. 2776) is amended by 
striking the item relating to section 156.

SEC. 4709. REPEAL OF INSPECTOR GENERAL AUDIT SURVEY AND PRESIDENT'S 
              COUNCIL ON INTEGRITY AND EFFICIENCY REPORT TO CONGRESS.

    (a) Repeal.--Section 160 of the Energy Policy Act of 1992 (42 
U.S.C. 8262f) is amended by striking the section designation and 
heading and all that follows through ``(c) Inspector General Review.--
Each Inspector General'' and inserting the following:

``SEC. 160. INSPECTOR GENERAL REVIEW.

    ``Each Inspector General''.
    (b) Conforming Amendment.--The table of contents for the Energy 
Policy Act of 1992 (Public Law 102-486; 106 Stat. 2776) is amended by 
striking the item relating to section 160 and inserting the following:

``Sec. 160.  Inspector General review.......................        ''.

SEC. 4710. REPEAL OF PROCUREMENT AND IDENTIFICATION OF ENERGY EFFICIENT 
              PRODUCTS PROGRAM.

    (a) Repeal.--Section 161 of the Energy Policy Act of 1992 (42 
U.S.C. 8262g) is repealed.
    (b) Conforming Amendment.--The table of contents for the Energy 
Policy Act of 1992 (Public Law 102-486; 106 Stat. 2776) is amended by 
striking the item relating to section 161.

SEC. 4711. REPEAL OF NATIONAL ACTION PLAN FOR DEMAND RESPONSE.

    (a) Repeal.--Part 5 of title V of the National Energy Conservation 
Policy Act (42 U.S.C. 8279 et seq.) is repealed.
    (b) Conforming Amendment.--The table of contents for the National 
Energy Conservation Policy Act (Public Law 95-619; 92 Stat. 3206; 121 
Stat. 1665) is amended--
            (1) by striking the item relating to part 5 of title V; and
            (2) by striking the item relating to section 571.

SEC. 4712. REPEAL OF NATIONAL COAL POLICY STUDY.

    (a) Repeal.--Section 741 of the Powerplant and Industrial Fuel Use 
Act of 1978 (42 U.S.C. 8451) is repealed.
    (b) Conforming Amendment.--The table of contents for the Powerplant 
and Industrial Fuel Use Act of 1978 (Public Law 95-620; 92 Stat. 3289) 
is amended by striking the item relating to section 741.

SEC. 4713. REPEAL OF STUDY ON COMPLIANCE PROBLEM OF SMALL ELECTRIC 
              UTILITY SYSTEMS.

    (a) Repeal.--Section 744 of the Powerplant and Industrial Fuel Use 
Act of 1978 (42 U.S.C. 8454) is repealed.
    (b) Conforming Amendment.--The table of contents for the Powerplant 
and Industrial Fuel Use Act of 1978 (Public Law 95-620; 92 Stat. 3289) 
is amended by striking the item relating to section 744.

SEC. 4714. REPEAL OF STUDY OF SOCIOECONOMIC IMPACTS OF INCREASED COAL 
              PRODUCTION AND OTHER ENERGY DEVELOPMENT.

    (a) Repeal.--Section 746 of the Powerplant and Industrial Fuel Use 
Act of 1978 (42 U.S.C. 8456) is repealed.
    (b) Conforming Amendment.--The table of contents for the Powerplant 
and Industrial Fuel Use Act of 1978 (Public Law 95-620; 92 Stat. 3289) 
is amended by striking the item relating to section 746.

SEC. 4715. REPEAL OF STUDY OF THE USE OF PETROLEUM AND NATURAL GAS IN 
              COMBUSTORS.

    (a) Repeal.--Section 747 of the Powerplant and Industrial Fuel Use 
Act of 1978 (42 U.S.C. 8457) is repealed.
    (b) Conforming Amendment.--The table of contents for the Powerplant 
and Industrial Fuel Use Act of 1978 (Public Law 95-620; 92 Stat. 3289) 
is amended by striking the item relating to section 747.

SEC. 4716. REPEAL OF SUBMISSION OF REPORTS.

    (a) Repeal.--Section 807 of the Powerplant and Industrial Fuel Use 
Act of 1978 (42 U.S.C. 8483) is repealed.
    (b) Conforming Amendment.--The table of contents for the Powerplant 
and Industrial Fuel Use Act of 1978 (Public Law 95-620; 92 Stat. 3289) 
is amended by striking the item relating to section 807.

SEC. 4717. REPEAL OF ELECTRIC UTILITY CONSERVATION PLAN.

    (a) Repeal.--Section 808 of the Powerplant and Industrial Fuel Use 
Act of 1978 (42 U.S.C. 8484) is repealed.
    (b) Conforming Amendments.--
            (1) Table of contents.--The table of contents for the 
        Powerplant and Industrial Fuel Use Act of 1978 (Public Law 95-
        620; 92 Stat. 3289) is amended by striking the item relating to 
        section 808.
            (2) Report on implementation.--Section 712 of the 
        Powerplant and Industrial Fuel Use Act of 1978 (42 U.S.C. 8422) 
        is amended--
                    (A) by striking ``(a) Generally.--''; and
                    (B) by striking subsection (b).

SEC. 4718. EMERGENCY ENERGY CONSERVATION REPEALS.

    (a) Repeals.--
            (1) Section 201 of the Emergency Energy Conservation Act of 
        1979 (42 U.S.C. 8501) is amended--
                    (A) in the section heading, by striking ``findings 
                and''; and
                    (B) by striking subsection (a).
            (2) Section 221 of the Emergency Energy Conservation Act of 
        1979 (42 U.S.C. 8521) is repealed.
            (3) Section 222 of the Emergency Energy Conservation Act of 
        1979 (42 U.S.C. 8522) is repealed.
            (4) 241 of the Emergency Energy Conservation Act of 1979 
        (42 U.S.C. 8531) is repealed.
    (b) Conforming Amendment.--The table of contents for the Emergency 
Energy Conservation Act of 1979 (Public Law 96-102; 93 Stat. 749) is 
amended--
            (1) by striking the item relating to section 201 and 
        inserting the following:

``Sec. 201. Purposes.''; and
            (2) by striking the items relating to sections 221, 222, 
        and 241.

SEC. 4719. ENERGY SECURITY ACT REPEALS.

    (a) Biomass Energy Development Plans.--Subtitle A of title II of 
the Energy Security Act (42 U.S.C. 8811 et seq.) is repealed.
    (b) Municipal Waste Biomass Energy.--Subtitle B of title II of the 
Energy Security Act (42 U.S.C. 8831 et seq.) is repealed.
    (c) Use of Gasohol in Federal Motor Vehicles.--Section 271 of the 
Energy Security Act (42 U.S.C. 8871) is repealed.
    (d) Conforming Amendments.--
            (1) The table of contents for the Energy Security Act 
        (Public Law 96-294; 94 Stat. 611) is amended--
                    (A) by striking the items relating to subtitle A 
                and B of title II;
                    (B) by striking the item relating to section 204 
                and inserting the following:

``Sec. 204.  Funding........................................    ''; and
                    (C) by striking the item relating to section 271.
            (2) Section 203 of the Biomass Energy and Alcohol Fuels Act 
        of 1980 (42 U.S.C. 8802) is amended--
                    (A) by striking paragraph (16); and
                    (B) by redesignating paragraphs (17) through (19) 
                as paragraphs (16) through (18), respectively.
            (3) Section 204 of the Energy Security Act (42 U.S.C. 8803) 
        is amended--
                    (A) in the section heading, by striking ``for 
                subtitles a and b''; and
                    (B) in subsection (a)--
                            (i) in paragraph (1), by adding ``and'' 
                        after the semicolon at the end;
                            (ii) in paragraph (2), by striking ``; 
                        and'' at the end and inserting a period; and
                            (iii) by striking paragraph (3).

SEC. 4720. NUCLEAR SAFETY RESEARCH, DEVELOPMENT, AND DEMONSTRATION ACT 
              OF 1980 REPEALS.

    Sections 5 and 6 of the Nuclear Safety Research, Development, and 
Demonstration Act of 1980 (42 U.S.C. 9704, 9705) are repealed.

SEC. 4721. ELIMINATION AND CONSOLIDATION OF CERTAIN AMERICA COMPETES 
              PROGRAMS.

    (a) Elimination of Program Authorities.--
            (1) Nuclear science talent expansion program for 
        institutions of higher education.--Section 5004 of the America 
        COMPETES Act (42 U.S.C. 16532) is repealed.
            (2) Hydrocarbon systems science talent expansion program 
        for institutions of higher education.--
                    (A) In general.--Section 5005(e) of the America 
                COMPETES Act (42 U.S.C. 16533(e)) is repealed.
                    (B) Conforming amendments.--Section 5005(f) of the 
                America COMPETES Act (42 U.S.C. 16533(f)) is amended--
                            (i) by striking paragraph (2);
                            (ii) by striking the subsection designation 
                        and heading and all that follows through 
                        ``There are'' in paragraph (1) and inserting 
                        the following:
    ``(e) Authorization of Appropriations.--There are''; and
                            (iii) by redesignating subparagraphs (A) 
                        through (F) as paragraphs (1) through (6), 
                        respectively, and indenting appropriately.
            (3) Discovery science and engineering innovation 
        institutes.--Section 5008 of the America COMPETES Act (42 
        U.S.C. 16535) is repealed.
            (4) Elimination of duplicative authority for education 
        programs.--Sections 3181 and 3185 of the Department of Energy 
        Science Education Enhancement Act (42 U.S.C. 7381l, 42 U.S.C. 
        7381n) are repealed.
            (5) Mentoring program.--Section 3195 of the Department of 
        Energy Science Education Enhancement Act (42 U.S.C. 7381r) is 
        repealed.
    (b) Repeal of Authorizations.--
            (1) Department of energy early career awards for science, 
        engineering, and mathematics researchers.--Section 5006 of the 
        America COMPETES Act (42 U.S.C. 16534) is amended by striking 
        subsection (h).
            (2) Distinguished scientist program.--Section 5011 of the 
        America COMPETES Act (42 U.S.C. 16537) is amended by striking 
        subsection (j).
            (3) Protecting america's competitive edge (pace) graduate 
        fellowship program.--Section 5009 of the America COMPETES Act 
        (42 U.S.C. 16536) is amended by striking subsection (f).
    (c) Consolidation of Duplicative Program Authorities.--
            (1) University nuclear science and engineering support.--
        Section 954 of the Energy Policy Act of 2005 (42 U.S.C. 16274) 
        is amended--
                    (A) in subsection (a), by inserting ``nuclear 
                chemistry,'' after ``nuclear engineering,''; and
                    (B) in subsection (b)--
                            (i) by redesignating paragraphs (3) through 
                        (5) as paragraphs (4) through (6), 
                        respectively; and
                            (ii) by inserting after paragraph (2) the 
                        following:
            ``(3) award grants, not to exceed 5 years in duration, to 
        institutions of higher education with existing academic degree 
        programs in nuclear sciences and related fields--
                    ``(A) to increase the number of graduates in 
                nuclear science and related fields;
                    ``(B) to enhance the teaching and research of 
                advanced nuclear technologies;
                    ``(C) to undertake collaboration with industry and 
                National Laboratories; and
                    ``(D) to bolster or sustain nuclear infrastructure 
                and research facilities of institutions of higher 
                education, such as research and training reactors and 
                laboratories;''.
            (2) Consolidation of department of energy early career 
        awards for science, engineering, and mathematics researchers 
        program and distinguished scientist program.--
                    (A) Funding.--Section 971(c) of the Energy Policy 
                Act of 2005 (42 U.S.C. 16311(c)) is amended by adding 
                at the end the following:
            ``(8) For the Department of Energy early career awards for 
        science, engineering, and mathematics researchers program under 
        section 5006 of the America COMPETES Act (42 U.S.C. 16534) and 
        the distinguished scientist program under section 5011 of that 
        Act (42 U.S.C. 16537), $150,000,000 for each of fiscal years 
        2016 through 2020, of which not more than 65 percent of the 
        amount made available for a fiscal year under this paragraph 
        may be used to carry out section 5006 or 5011 of that Act.''.
                    (B) Department of energy early career awards for 
                science, engineering, and mathematics researchers.--
                Section 5006 of the America COMPETES Act (42 U.S.C. 
                16534) is amended--
                            (i) in subsection (b)(1)--
                                    (I) in the matter preceding 
                                subparagraph (A)--
                                            (aa) by inserting 
                                        ``average'' before ``amount''; 
                                        and
                                            (bb) by inserting ``for 
                                        each year'' before ``shall'';
                                    (II) in subparagraph (A), by 
                                striking ``$80,000'' and inserting 
                                ``$190,000''; and
                                    (III) in subparagraph (B), by 
                                striking ``$125,000'' and inserting 
                                ``$490,000'';
                            (ii) in subsection (c)(1)(C)--
                                    (I) in clause (i)--
                                            (aa) by striking 
                                        ``assistant professor or 
                                        equivalent title'' and 
                                        inserting ``untenured assistant 
                                        or associate professor''; and
                                            (bb) by inserting ``or'' 
                                        after the semicolon at the end;
                                    (II) by striking clause (ii); and
                                    (III) by redesignating clause (iii) 
                                as clause (ii);
                            (iii) in subsection (d), by striking ``on a 
                        competitive, merit-reviewed basis'' and 
                        inserting ``through a competitive process using 
                        merit-based peer review.'';
                            (iv) in subsection (e)--
                                    (I) by striking ``(e)'' and all 
                                that follows through ``To be eligible'' 
                                and inserting the following:
    ``(e) Selection Process and Criteria.--To be eligible''; and
                                    (II) by striking paragraph (2); and
                            (v) in subsection (f)(1), by striking 
                        ``nonprofit, nondegree-granting research 
                        organizations'' and inserting ``National 
                        Laboratories''.
            (3) Science education programs.--Section 3164 of the 
        Department of Energy Science Education Enhancement Act (42 
        U.S.C. 7381a) is amended--
                    (A) in subsection (b)--
                            (i) by striking paragraphs (1) and (2) and 
                        inserting the following:
            ``(1) In general.--The Director of the Office of Science 
        (referred to in this subsection as the `Director') shall 
        provide for appropriate coordination of science, technology, 
        engineering, and mathematics education programs across all 
        functions of the Department.
            ``(2) Administration.--In carrying out paragraph (1), the 
        Director shall--
                    ``(A) consult with--
                            ``(i) the Assistant Secretary of Energy 
                        with responsibility for energy efficiency and 
                        renewable energy programs; and
                            ``(ii) the Deputy Administrator for Defense 
                        Programs of the National Nuclear Security 
                        Administration; and
                    ``(B) seek to increase the participation and 
                advancement of women and underrepresented minorities at 
                every level of science, technology, engineering, and 
                mathematics education.''; and
                            (ii) in paragraph (3)--
                                    (I) in subparagraph (D), by 
                                striking ``and'' at the end;
                                    (II) by redesignating subparagraph 
                                (E) as subparagraph (F); and
                                    (III) by inserting after 
                                subparagraph (D) the following:
                    ``(E) represent the Department as the principal 
                interagency liaison for all coordination activities 
                under the President for science, technology, 
                engineering, and mathematics education programs; and''; 
                and
                    (B) in subsection (d)--
                            (i) by striking ``The Secretary'' and 
                        inserting the following:
            ``(1) In general.--The Secretary''; and
                            (ii) by adding at the end the following:
            ``(2) Report.--Not later than 180 days after the date of 
        enactment of this subparagraph, the Director shall submit a 
        report describing the impact of the activities assisted with 
        the Fund established under paragraph (1) to--
                    ``(A) the Committee on Science, Space, and 
                Technology of the House of Representatives; and
                    ``(B) the Committee on Energy and Natural Resources 
                of the Senate.''.
            (4) Protecting america's competitive edge (pace) graduate 
        fellowship program.--Section 5009 of the America COMPETES Act 
        (42 U.S.C. 16536) is amended--
                    (A) in subsection (c)--
                            (i) in paragraph (1) by striking ``, 
                        involving'' and all that follows through 
                        ``Secretary''; and
                            (ii) in paragraph (2), by striking 
                        subparagraph (B) and inserting the following:
                    ``(B) to demonstrate excellent academic performance 
                and understanding of scientific or technical subjects; 
                and'';
                    (B) in subsection (d)(1)(B)(i), by inserting ``full 
                or partial'' before ``graduate tuition''; and
                    (C) in subsection (e), in the matter preceding 
                paragraph (1), by striking ``Director of Science, 
                Engineering, and Mathematics Education'' and inserting 
                ``Director of the Office of Science.''.
    (d) Conforming Amendments.--The table of contents for the America 
COMPETES ACT (Public Law 110-69; 121 Stat. 573) is amended by striking 
the items relating to sections 5004 and 5008.

SEC. 4722. REPEAL OF STATE UTILITY REGULATORY ASSISTANCE.

    (a) Repeal.--Section 207 of the Energy Conservation and Production 
Act (42 U.S.C. 6807) is repealed.
    (b) Conforming Amendment.--The table of contents for the Energy 
Conservation and Production Act (Public Law 94-385; 90 Stat. 1126) is 
amended by striking the item relating to section 207.

SEC. 4723. REPEAL OF SURVEY OF ENERGY SAVING POTENTIAL.

    (a) Repeal.--Section 550 of the National Energy Conservation Policy 
Act (42 U.S.C. 8258b) is repealed.
    (b) Conforming Amendments.--
            (1) The table of contents for the National Energy 
        Conservation Policy Act (Public Law 95-619; 92 Stat. 3206; 106 
        Stat. 2851) is amended by striking the item relating to section 
        550.
            (2) Section 543(d)(2) of the National Energy Conservation 
        Policy Act (42 U.S.C. 8253(d)(2)) is amended by striking ``, 
        incorporating any relevant information obtained from the survey 
        conducted pursuant to section 550''.

SEC. 4724. REPEAL OF PHOTOVOLTAIC ENERGY PROGRAM.

    (a) Repeal.--Part 4 of title V of the National Energy Conservation 
Policy Act (42 U.S.C. 8271 et seq.) is repealed.
    (b) Conforming Amendment.--The table of contents for the National 
Energy Conservation Policy Act (Public Law 95-619; 92 Stat. 3206) is 
amended--
            (1) by striking the item relating to part 4 of title V; and
            (2) by striking the items relating to sections 561 through 
        569.

SEC. 4725. REPEAL OF ENERGY AUDITOR TRAINING AND CERTIFICATION.

    (a) Repeal.--Subtitle F of title V of the Energy Security Act (42 
U.S.C. 8285 et seq.) is repealed.
    (b) Conforming Amendment.--The table of contents for the Energy 
Security Act (Public Law 96-294; 94 Stat. 611) is amended by striking 
the items relating to subtitle F of title V.

SEC. 4726. REPEAL OF AUTHORIZATION OF APPROPRIATIONS.

    (a) Repeal.--Subtitle F of title VII of the Powerplant and 
Industrial Fuel Use Act of 1978 (42 U.S.C. 8461) is repealed.
    (b) Conforming Amendment.--The table of contents for the Powerplant 
and Industrial Fuel Use Act of 1978 (Public Law 95-620; 92 Stat. 3289) 
is amended by striking the item relating to subtitle F of title VII.

SEC. 4727. REPEAL OF RENEWABLE ENERGY AND ENERGY EFFICIENCY TECHNOLOGY 
              COMPETITIVENESS ACT OF 1989.

    (a) Repeal.--The Renewable Energy and Energy Efficiency Technology 
Competitiveness Act of 1989 (42 U.S.C. 12001 et seq.) is repealed.
    (b) Conforming Amendments.--
            (1) Section 6(b)(3) of the Federal Nonnuclear Energy 
        Research and Development Act of 1974 (42 U.S.C. 5905(b)(3)) is 
        amended--
                    (A) in subparagraph (Q), by adding ``and'' after 
                the semicolon;
                    (B) by striking subparagraph (R); and
                    (C) by redesignating subparagraph (S) as 
                subparagraph (R).
            (2) Section 1204 of the Energy Policy Act of 1992 (42 
        U.S.C. 13313) is amended--
                    (A) in subsection (b), in the matter preceding 
                paragraph (1), in the first sentence, by striking ``, 
                in consultation with'' and all that follows through 
                ``under section 6 of the Renewable Energy and Energy 
                Efficiency Technology Competitiveness Act of 1989,''; 
                and
                    (B) in subsection (c), by striking ``, in 
                consultation with the Advisory Committee,''.

SEC. 4728. REPEAL OF HYDROGEN RESEARCH, DEVELOPMENT, AND DEMONSTRATION 
              PROGRAM.

    The Spark M. Matsunaga Hydrogen Research, Development, and 
Demonstration Act of 1990 (42 U.S.C. 12401 et seq.) is repealed.

SEC. 4729. REPEAL OF STUDY ON ALTERNATIVE FUEL USE IN NONROAD VEHICLES 
              AND ENGINES.

    (a) In General.--Section 412 of the Energy Policy Act of 1992 (42 
U.S.C. 13238) is repealed.
    (b) Conforming Amendment.--The table of contents for the Energy 
Policy Act of 1992 (Public Law 102-486; 106 Stat. 2776) is amended by 
striking the item relating to section 412.

SEC. 4730. REPEAL OF LOW INTEREST LOAN PROGRAM FOR SMALL BUSINESS FLEET 
              PURCHASES.

    (a) In General.--Section 414 of the Energy Policy Act of 1992 (42 
U.S.C. 13239) is repealed.
    (b) Conforming Amendment.--The table of contents for the Energy 
Policy Act of 1992 (Public Law 102-486; 106 Stat. 2776) is amended by 
striking the item relating to section 414.

SEC. 4731. REPEAL OF TECHNICAL AND POLICY ANALYSIS FOR REPLACEMENT FUEL 
              DEMAND AND SUPPLY INFORMATION.

    (a) In General.--Section 506 of the Energy Policy Act of 1992 (42 
U.S.C. 13256) is repealed.
    (b) Conforming Amendments.--
            (1) The table of contents for the Energy Policy Act of 1992 
        (Public Law 102-486; 106 Stat. 2776) is amended by striking the 
        item relating to section 506.
            (2) Section 507(m) of the Energy Policy Act of 1992 (42 
        U.S.C. 13257(m)) is amended by striking ``and section 506''.

SEC. 4732. REPEAL OF 1992 REPORT ON CLIMATE CHANGE.

    (a) In General.--Section 1601 of the Energy Policy Act of 1992 (42 
U.S.C. 13381) is repealed.
    (b) Conforming Amendments.--
            (1) The table of contents for the Energy Policy Act of 1992 
        (Public Law 102-486; 106 Stat. 2776) is amended by striking the 
        item relating to section 1601.
            (2) Section 1602(a) of the Energy Policy Act of 1992 (42 
        U.S.C. 13382(a)) is amended, in the matter preceding paragraph 
        (1), in the third sentence, by striking ``the report required 
        under section 1601 and''.

SEC. 4733. REPEAL OF DIRECTOR OF CLIMATE PROTECTOR ESTABLISHMENT.

    (a) In General.--Section 1603 of the Energy Policy Act of 1992 (42 
U.S.C. 13383) is repealed.
    (b) Conforming Amendment.--The table of contents for the Energy 
Policy Act of 1992 (Public Law 102-486; 106 Stat. 2776) is amended by 
striking the item relating to section 1603.

SEC. 4734. REPEAL OF 1994 REPORT ON GLOBAL CLIMATE CHANGE EMISSIONS.

    (a) In General.--Section 1604 of the Energy Policy Act of 1992 (42 
U.S.C. 13384) is repealed.
    (b) Conforming Amendment.--The table of contents for the Energy 
Policy Act of 1992 (Public Law 102-486; 106 Stat. 2776) is amended by 
striking the item relating to section 1604.

SEC. 4735. REPEAL OF TELECOMMUTING STUDY.

    (a) In General.--Section 2028 of the Energy Policy Act of 1992 (42 
U.S.C. 13438) is repealed.
    (b) Conforming Amendment.--The table of contents for the Energy 
Policy Act of 1992 (Public Law 102-486; 106 Stat. 2776) is amended by 
striking the item relating to section 2028.

SEC. 4736. REPEAL OF ADVANCED BUILDINGS FOR 2005 PROGRAM.

    (a) In General.--Section 2104 of the Energy Policy Act of 1992 (42 
U.S.C. 13454) is repealed.
    (b) Conforming Amendments.--
            (1) The table of contents for the Energy Policy Act of 1992 
        (Public Law 102-486; 106 Stat. 2776) is amended by striking the 
        item relating to section 2104.
            (2) Section 2101(a) of the Energy Policy Act of 1992 (42 
        U.S.C. 13451(a)) is amended, in the third sentence, by striking 
        ``2104,''.

SEC. 4737. REPEAL OF ENERGY RESEARCH, DEVELOPMENT, DEMONSTRATION, AND 
              COMMERCIAL APPLICATION ADVISORY BOARD.

    (a) In General.--Section 2302 of the Energy Policy Act of 1992 (42 
U.S.C. 13522) is repealed.
    (b) Conforming Amendments.--
            (1) The table of contents for the Energy Policy Act of 1992 
        (Public Law 102-486; 106 Stat. 2776) is amended by striking the 
        item relating to section 2302.
            (2) Section 6 of the Federal Nonnuclear Energy Research and 
        Development Act of 1974 (42 U.S.C. 5905) is amended--
                    (A) in subsection (a), in the matter preceding 
                paragraph (1), in the first sentence, by striking ``, 
                in consultation with the Advisory Board established 
                under section 2302 of the Energy Policy Act of 1992,'';
                    (B) in subsection (b)--
                            (i) in paragraph (1), in the first 
                        sentence, by striking ``, in consultation with 
                        the Advisory Board established under section 
                        2302 of the Energy Policy Act of 1992,''; and
                            (ii) in paragraph (2), in the second 
                        sentence, by striking ``, in consultation with 
                        the Advisory Board established under section 
                        2302 of the Energy Policy Act of 1992,''; and
                    (C) in subsection (c), in the first sentence, by 
                striking ``, in consultation with the Advisory Board 
                established under section 2302 of the Energy Policy Act 
                of 1992,''.
            (3) Section 2011(c) of the Energy Policy Act of 1992 (42 
        U.S.C. 13411(c)) is amended, in the second sentence, by 
        striking ``, and with the Advisory Board established under 
        section 2302''.
            (4) Section 2304 of the Energy Policy Act of 1992 (42 
        U.S.C. 13523), is amended--
                    (A) in subsection (a), by striking ``, in 
                consultation with the Advisory Board established under 
                section 2302,''; and
                    (B) in subsection (c), in the matter preceding 
                paragraph (1), in the first sentence, by striking ``, 
                with the advice of the Advisory Board established under 
                section 2302 of this Act,''.

SEC. 4738. REPEAL OF STUDY ON USE OF ENERGY FUTURES FOR FUEL PURCHASE.

    (a) In General.--Section 3014 of the Energy Policy Act of 1992 (42 
U.S.C. 13552) is repealed.
    (b) Conforming Amendment.--The table of contents for the Energy 
Policy Act of 1992 (Public Law 102-486; 106 Stat. 2776) is amended by 
striking the item relating to section 3014.

SEC. 4739. REPEAL OF ENERGY SUBSIDY STUDY.

    (a) In General.--Section 3015 of the Energy Policy Act of 1992 (42 
U.S.C. 13553) is repealed.
    (b) Conforming Amendment.--The table of contents for the Energy 
Policy Act of 1992 (Public Law 102-486; 106 Stat. 2776) is amended by 
striking the item relating to section 3015.

SEC. 4740. MODERNIZATION OF TERMS RELATING TO MINORITIES.

    (a) Office of Minority Economic Impact.--Section 211(f)(1) of the 
Department of Energy Organization Act (42 U.S.C. 7141(f)(1)) is amended 
by striking ``a Negro, Puerto Rican, American Indian, Eskimo, Oriental, 
or Aleut or is a Spanish speaking individual of Spanish descent'' and 
inserting ``Asian American, Native Hawaiian, a Pacific Islander, 
African-American, Hispanic, Puerto Rican, Native American, or an Alaska 
Native''.
    (b) Minority Business Enterprises.--Section 106(f)(2) of the Local 
Public Works Capital Development and Investment Act of 1976 (42 U.S.C. 
6705(f)(2)) is amended in the third sentence by striking ``Negroes, 
Spanish-speaking, Orientals, Indians, Eskimos, and Aleuts'' and 
inserting ``Asian American, Native Hawaiian, Pacific Islanders, 
African-American, Hispanic, Native American, or Alaska Natives''.

                 TITLE V--CONSERVATION REAUTHORIZATION

SEC. 5001. NATIONAL PARK SERVICE MAINTENANCE AND REVITALIZATION 
              CONSERVATION FUND.

    (a) In General.--Chapter 1049 of title 54, United States Code, is 
amended by adding at the end the following:
``Sec. 104908. National Park Service Maintenance and Revitalization 
              Conservation Fund
    ``(a) In General.--There is established in the Treasury a fund, to 
be known as the `National Park Service Critical Maintenance and 
Revitalization Conservation Fund' (referred to in this section as the 
`Fund').
    ``(b) Deposits to Fund.--Notwithstanding any provision of law 
providing that the proceeds shall be credited to miscellaneous receipts 
of the Treasury, for each fiscal year, there shall be deposited in the 
Fund, from revenues due and payable to the United States under section 
9 of the Outer Continental Shelf Lands Act (43 U.S.C. 1338) 
$150,000,000.
    ``(c) Use and Availability.--
            ``(1) In general.--Amounts deposited in the Fund shall--
                    ``(A) be used only for the purposes described in 
                subsection (d); and
                    ``(B) be available for expenditure only after the 
                amounts are appropriated for those purposes.
            ``(2) Availability.--Any amounts in the Fund not 
        appropriated shall remain available in the Fund until 
        appropriated.
            ``(3) No limitation.--Appropriations from the Fund pursuant 
        to this section may be made without fiscal year limitation.
    ``(d) National Park System Critical Deferred Maintenance.--The 
Secretary shall use amounts appropriated from the Fund for high-
priority deferred maintenance needs of the Service that support 
critical infrastructure and visitor services.
    ``(e) Land Acquisition Prohibition.--Amounts in the Fund shall not 
be used for land acquisition.''.
    (b) Clerical Amendment.--The table of sections for chapter 1049 of 
title 54, United States Code, is amended by inserting after the item 
relating to section 104907 the following:

``Sec. 104908. National Park Service Maintenance and Revitalization 
                            Conservation Fund.''.

SEC. 5002. LAND AND WATER CONSERVATION FUND.

    (a) Reauthorization.--Section 200302 of title 54, United States 
Code, is amended--
            (1) in subsection (b), in the matter preceding paragraph 
        (1), by striking ``During the period ending September 30, 2018, 
        there'' and inserting ``There''; and
            (2) in subsection (c)(1), by striking ``through September 
        30, 2018''.
    (b) Allocation of Funds.--Section 200304 of title 54, United States 
Code, is amended--
            (1) by striking ``There'' and inserting ``(a) In General.--
        There''; and
            (2) by striking the second sentence and inserting the 
        following:
    ``(b) Allocation.--Of the appropriations from the Fund--
            ``(1) not less than 40 percent shall be used collectively 
        for Federal purposes under section 200306;
            ``(2) not less than 40 percent shall be used collectively--
                    ``(A) to provide financial assistance to States 
                under section 200305;
                    ``(B) for the Forest Legacy Program established 
                under section 7 of the Cooperative Forestry Assistance 
                Act of 1978 (16 U.S.C. 2103c);
                    ``(C) for cooperative endangered species grants 
                authorized under section 6 of the Endangered Species 
                Act of 1973 (16 U.S.C. 1535); and
                    ``(D) for the American Battlefield Protection 
                Program established under chapter 3081; and
            ``(3) not less than 1.5 percent or $10,000,000, whichever 
        is greater, shall be used for projects that secure recreational 
        public access to Federal public land for hunting, fishing, or 
        other recreational purposes.''.
    (c) Conservation Easements.--Section 200306 of title 54, United 
States Code, is amended by adding at the end the following:
    ``(c) Conservation Easements.--The Secretary and the Secretary of 
Agriculture shall consider the acquisition of conservation easements 
and other similar interests in land where appropriate and feasible.''.
    (d) Acquisition Considerations.--Section 200306 of title 54, United 
States Code (as amended by subsection (c)), is amended by adding at the 
end the following:
    ``(d) Acquisition Considerations.--The Secretary and the Secretary 
of Agriculture shall take into account the following in determining the 
land or interests in land to acquire:
            ``(1) Management efficiencies.
            ``(2) Management cost savings.
            ``(3) Geographic distribution.
            ``(4) Significance of the acquisition.
            ``(5) Urgency of the acquisition.
            ``(6) Threats to the integrity of the land to be acquired.
            ``(7) The recreational value of the land.''.

SEC. 5003. HISTORIC PRESERVATION FUND.

    Section 303102 of title 54, United States Code, is amended by 
striking ``of fiscal years 2012 to 2015'' and inserting ``fiscal 
year''.

SEC. 5004. CONSERVATION INCENTIVES LANDOWNER EDUCATION PROGRAM.

    (a) In General.--Not later than 1 year after the date of enactment 
of this Act, the Secretary of the Interior shall establish a 
conservation incentives landowner education program (referred to in 
this section as the ``program'').
    (b) Purpose of Program.--The program shall provide information on 
Federal conservation programs available to landowners interested in 
undertaking conservation actions on the land of the landowners, 
including options under each conservation program available to achieve 
the conservation goals of the program, such as--
            (1) fee title land acquisition;
            (2) donation; and
            (3) perpetual and term conservation easements or 
        agreements.
    (c) Availability.--The Secretary of the Interior shall ensure that 
the information provided under the program is made available to--
            (1) interested landowners; and
            (2) the public.
    (d) Notification.--In any case in which the Secretary of the 
Interior contacts a landowner directly about participation in a Federal 
conservation program, the Secretary shall, in writing--
            (1) notify the landowner of the program; and
            (2) make available information on the conservation program 
        options that may be available to the landowner.

   TITLE VI--INDIAN TRIBAL ENERGY DEVELOPMENT AND SELF-DETERMINATION

SECTION 6001. SHORT TITLE.

    This title may be cited as the ``Indian Tribal Energy Development 
and Self-Determination Act Amendments of 2016''.

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

SEC. 6011. INDIAN TRIBAL ENERGY RESOURCE DEVELOPMENT.

    (a) In General.--Section 2602(a) of the Energy Policy Act of 1992 
(25 U.S.C. 3502(a)) is amended--
            (1) in paragraph (2)--
                    (A) in subparagraph (C), by striking ``and'' after 
                the semicolon;
                    (B) in subparagraph (D), by striking the period at 
                the end and inserting ``; and''; and
                    (C) by adding at the end the following:
                    ``(E) consult with each applicable Indian tribe 
                before adopting or approving a well spacing program or 
                plan applicable to the energy resources of that Indian 
                tribe or the members of that Indian tribe.''; and
            (2) by adding at the end the following:
            ``(4) Planning.--
                    ``(A) In general.--In carrying out the program 
                established by paragraph (1), the Secretary shall 
                provide technical assistance to interested Indian 
                tribes to develop energy plans, including--
                            ``(i) plans for electrification;
                            ``(ii) plans for oil and gas permitting, 
                        renewable energy permitting, energy efficiency, 
                        electricity generation, transmission planning, 
                        water planning, and other planning relating to 
                        energy issues;
                            ``(iii) plans for the development of energy 
                        resources and to ensure the protection of 
                        natural, historic, and cultural resources; and
                            ``(iv) any other plans that would assist an 
                        Indian tribe in the development or use of 
                        energy resources.
                    ``(B) Cooperation.--In establishing the program 
                under paragraph (1), the Secretary shall work in 
                cooperation with the Office of Indian Energy Policy and 
                Programs of the Department of Energy.''.
    (b) Department of Energy Indian Energy Education Planning and 
Management Assistance Program.--Section 2602(b)(2) of the Energy Policy 
Act of 1992 (25 U.S.C. 3502(b)(2)) is amended--
            (1) in the matter preceding subparagraph (A), by inserting 
        ``, intertribal organization,'' after ``Indian tribe'';
            (2) by redesignating subparagraphs (C) and (D) as 
        subparagraphs (D) and (E), respectively; and
            (3) by inserting after subparagraph (B) the following:
                    ``(C) activities to increase the capacity of Indian 
                tribes to manage energy development and energy 
                efficiency programs;''.
    (c) Department of Energy Loan Guarantee Program.--Section 2602(c) 
of the Energy Policy Act of 1992 (25 U.S.C. 3502(c)) is amended--
            (1) in paragraph (1), by inserting ``or a tribal energy 
        development organization'' after ``Indian tribe'';
            (2) in paragraph (3)--
                    (A) in the matter preceding subparagraph (A), by 
                striking ``guarantee'' and inserting ``guaranteed'';
                    (B) in subparagraph (A), by striking ``or'';
                    (C) in subparagraph (B), by striking the period at 
                the end and inserting ``; or''; and
                    (D) by adding at the end the following:
                    ``(C) a tribal energy development organization, 
                from funds of the tribal energy development 
                organization.''; and
            (3) in paragraph (5), by striking ``The Secretary of Energy 
        may'' and inserting ``Not later than 1 year after the date of 
        enactment of the Indian Tribal Energy Development and Self-
        Determination Act Amendments of 2016, the Secretary of Energy 
        shall''.

SEC. 6012. INDIAN TRIBAL ENERGY RESOURCE REGULATION.

    Section 2603(c) of the Energy Policy Act of 1992 (25 U.S.C. 
3503(c)) is amended--
            (1) in paragraph (1), by striking ``on the request of an 
        Indian tribe, the Indian tribe'' and inserting ``on the request 
        of an Indian tribe or a tribal energy development organization, 
        the Indian tribe or tribal energy development organization''; 
        and
            (2) in paragraph (2)(B), by inserting ``or tribal energy 
        development organization'' after ``Indian tribe''.

SEC. 6013. TRIBAL ENERGY RESOURCE AGREEMENTS.

    (a) Amendment.--Section 2604 of the Energy Policy Act of 1992 (25 
U.S.C. 3504) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1)--
                            (i) in subparagraph (A), by striking ``or'' 
                        after the semicolon at the end;
                            (ii) in subparagraph (B)--
                                    (I) by striking clause (i) and 
                                inserting the following:
                            ``(i) an electric production, generation, 
                        transmission, or distribution facility 
                        (including a facility that produces electricity 
                        from renewable energy resources) located on 
                        tribal land; or''; and
                                    (II) in clause (ii)--
                                            (aa) by inserting ``, at 
                                        least a portion of which have 
                                        been'' after ``energy 
                                        resources'';
                                            (bb) by inserting ``or 
                                        produced from'' after 
                                        ``developed on''; and
                                            (cc) by striking ``and'' 
                                        after the semicolon at the end 
                                        and inserting ``or''; and
                            (iii) by adding at the end the following:
                    ``(C) pooling, unitization, or communitization of 
                the energy mineral resources of the Indian tribe 
                located on tribal land with any other energy mineral 
                resource (including energy mineral resources owned by 
                the Indian tribe or an individual Indian in fee, trust, 
                or restricted status or by any other persons or 
                entities) if the owner, or, if appropriate, lessee, of 
                the resources has consented or consents to the pooling, 
                unitization, or communitization of the other resources 
                under any lease or agreement; and''; and
                    (B) by striking paragraph (2) and inserting the 
                following:
            ``(2) a lease or business agreement described in paragraph 
        (1) shall not require review by, or the approval of, the 
        Secretary under section 2103 of the Revised Statutes (25 U.S.C. 
        81), or any other provision of law (including regulations), if 
        the lease or business agreement--
                    ``(A) was executed--
                            ``(i) in accordance with the requirements 
                        of a tribal energy resource agreement in effect 
                        under subsection (e) (including the periodic 
                        review and evaluation of the activities of the 
                        Indian tribe under the agreement, to be 
                        conducted pursuant to subparagraphs (D) and (E) 
                        of subsection (e)(2)); or
                            ``(ii) by the Indian tribe and a tribal 
                        energy development organization for which the 
                        Indian tribe has obtained a certification 
                        pursuant to subsection (h); and
                    ``(B) has a term that does not exceed--
                            ``(i) 30 years; or
                            ``(ii) in the case of a lease for the 
                        production of oil resources, gas resources, or 
                        both, 10 years and as long thereafter as oil or 
                        gas is produced in paying quantities.'';
            (2) by striking subsection (b) and inserting the following:
    ``(b) Rights-of-Way.--An Indian tribe may grant a right-of-way over 
tribal land without review or approval by the Secretary if the right-
of-way--
            ``(1) serves--
                    ``(A) an electric production, generation, 
                transmission, or distribution facility (including a 
                facility that produces electricity from renewable 
                energy resources) located on tribal land;
                    ``(B) a facility located on tribal land that 
                extracts, produces, processes, or refines energy 
                resources; or
                    ``(C) the purposes, or facilitates in carrying out 
                the purposes, of any lease or agreement entered into 
                for energy resource development on tribal land;
            ``(2) was executed--
                    ``(A) in accordance with the requirements of a 
                tribal energy resource agreement in effect under 
                subsection (e) (including the periodic review and 
                evaluation of the activities of the Indian tribe under 
                the agreement, to be conducted pursuant to 
                subparagraphs (D) and (E) of subsection (e)(2)); or
                    ``(B) by the Indian tribe and a tribal energy 
                development organization for which the Indian tribe has 
                obtained a certification pursuant to subsection (h); 
                and
            ``(3) has a term that does not exceed 30 years.'';
            (3) by striking subsection (d) and inserting the following:
    ``(d) Validity.--No lease or business agreement entered into, or 
right-of-way granted, pursuant to this section shall be valid unless 
the lease, business agreement, or right-of-way is authorized by 
subsection (a) or (b).'';
            (4) in subsection (e)--
                    (A) by striking paragraph (1) and inserting the 
                following:
            ``(1) In general.--
                    ``(A) Authorization.--On or after the date of 
                enactment of the Indian Tribal Energy Development and 
                Self-Determination Act Amendments of 2016, a qualified 
                Indian tribe may submit to the Secretary a tribal 
                energy resource agreement governing leases, business 
                agreements, and rights-of-way under this section.
                    ``(B) Notice of complete proposed agreement.--Not 
                later than 60 days after the date on which the tribal 
                energy resource agreement is submitted under 
                subparagraph (A), the Secretary shall--
                            ``(i) notify the Indian tribe as to whether 
                        the agreement is complete or incomplete;
                            ``(ii) if the agreement is incomplete, 
                        notify the Indian tribe of what information or 
                        documentation is needed to complete the 
                        submission; and
                            ``(iii) identify and notify the Indian 
                        tribe of the financial assistance, if any, to 
                        be provided by the Secretary to the Indian 
                        tribe to assist in the implementation of the 
                        tribal energy resource agreement, including the 
                        environmental review of individual projects.
                    ``(C) Effect.--Nothing in this paragraph precludes 
                the Secretary from providing any financial assistance 
                at any time to the Indian tribe to assist in the 
                implementation of the tribal energy resource 
                agreement.'';
                    (B) in paragraph (2)--
                            (i) by striking ``(2)(A)'' and all that 
                        follows through the end of subparagraph (A) and 
                        inserting the following:
            ``(2) Procedure.--
                    ``(A) Effective date.--
                            ``(i) In general.--On the date that is 271 
                        days after the date on which the Secretary 
                        receives a tribal energy resource agreement 
                        from a qualified Indian tribe under paragraph 
                        (1), the tribal energy resource agreement shall 
                        take effect, unless the Secretary disapproves 
                        the tribal energy resource agreement under 
                        subparagraph (B).
                            ``(ii) Revised tribal energy resource 
                        agreement.--On the date that is 91 days after 
                        the date on which the Secretary receives a 
                        revised tribal energy resource agreement from a 
                        qualified Indian tribe under paragraph (4)(B), 
                        the revised tribal energy resource agreement 
                        shall take effect, unless the Secretary 
                        disapproves the revised tribal energy resource 
                        agreement under subparagraph (B).'';
                            (ii) in subparagraph (B)--
                                    (I) by striking ``(B)'' and all 
                                that follows through clause (ii) and 
                                inserting the following:
                    ``(B) Disapproval.--The Secretary shall disapprove 
                a tribal energy resource agreement submitted pursuant 
                to paragraph (1) or (4)(B) only if--
                            ``(i) a provision of the tribal energy 
                        resource agreement violates applicable Federal 
                        law (including regulations) or a treaty 
                        applicable to the Indian tribe;
                            ``(ii) the tribal energy resource agreement 
                        does not include 1 or more provisions required 
                        under subparagraph (D); or''; and
                                    (II) in clause (iii)--
                                            (aa) in the matter 
                                        preceding subclause (I), by 
                                        striking ``includes'' and all 
                                        that follows through 
                                        ``section--'' and inserting 
                                        ``does not include provisions 
                                        that, with respect to any 
                                        lease, business agreement, or 
                                        right-of-way to which the 
                                        tribal energy resource 
                                        agreement applies--'';
                                            (bb) by striking subclauses 
                                        (I), (II), (V), (VIII), and 
                                        (XV);
                                            (cc) by redesignating 
                                        clauses (III), (IV), (VI), 
                                        (VII), (IX) through (XIV), and 
                                        (XVI) as clauses (I), (II), 
                                        (III), (IV), (V) through (X), 
                                        and (XI), respectively;
                                            (dd) in item (bb) of 
                                        subclause (XI) (as redesignated 
                                        by item (cc))--

                                                    (AA) by striking 
                                                ``or tribal''; and

                                                    (BB) by striking 
                                                the period at the end 
                                                and inserting a 
                                                semicolon; and

                                            (ee) by adding at the end 
                                        the following:
                                    ``(XII) include a certification by 
                                the Indian tribe that the Indian tribe 
                                has--
                                            ``(aa) carried out a 
                                        contract or compact under title 
                                        I or IV of the Indian Self-
                                        Determination and Education 
                                        Assistance Act (25 U.S.C. 450 
                                        et seq.) for a period of not 
                                        less than 3 consecutive years 
                                        ending on the date on which the 
                                        Indian tribe submits the 
                                        application without material 
                                        audit exception (or without any 
                                        material audit exceptions that 
                                        were not corrected within the 
                                        3-year period) relating to the 
                                        management of tribal land or 
                                        natural resources; or
                                            ``(bb) substantial 
                                        experience in the 
                                        administration, review, or 
                                        evaluation of energy resource 
                                        leases or agreements or has 
                                        otherwise substantially 
                                        participated in the 
                                        administration, management, or 
                                        development of energy resources 
                                        located on the tribal land of 
                                        the Indian tribe; and
                                    ``(XIII) at the option of the 
                                Indian tribe, identify which functions, 
                                if any, authorizing any operational or 
                                development activities pursuant to a 
                                lease, right-of-way, or business 
                                agreement approved by the Indian tribe, 
                                that the Indian tribe intends to 
                                conduct.'';
                            (iii) in subparagraph (C)--
                                    (I) by striking clauses (i) and 
                                (ii);
                                    (II) by redesignating clauses (iii) 
                                through (v) as clauses (ii) through 
                                (iv), respectively; and
                                    (III) by inserting before clause 
                                (ii) (as redesignated by subclause 
                                (II)) the following:
                            ``(i) a process for ensuring that--
                                    ``(I) the public is informed of, 
                                and has reasonable opportunity to 
                                comment on, any significant 
                                environmental impacts of the proposed 
                                action; and
                                    ``(II) the Indian tribe provides 
                                responses to relevant and substantive 
                                public comments on any impacts 
                                described in subclause (I) before the 
                                Indian tribe approves the lease, 
                                business agreement, or right-of-way.'';
                            (iv) in subparagraph (D)(ii), by striking 
                        ``subparagraph (B)(iii)(XVI)'' and inserting 
                        ``subparagraph (B)(iv)(XI)''; and
                            (v) by adding at the end the following:
                    ``(F) Effective period.--A tribal energy resource 
                agreement that takes effect pursuant to this subsection 
                shall remain in effect to the extent any provision of 
                the tribal energy resource agreement is consistent with 
                applicable Federal law (including regulations), unless 
                the tribal energy resource agreement is--
                            ``(i) rescinded by the Secretary pursuant 
                        to paragraph (7)(D)(iii)(II); or
                            ``(ii) voluntarily rescinded by the Indian 
                        tribe pursuant to the regulations promulgated 
                        under paragraph (8)(B) (or successor 
                        regulations).'';
                    (C) in paragraph (4), by striking ``date of 
                disapproval'' and all that follows through the end of 
                subparagraph (C) and inserting the following: ``date of 
                disapproval, provide the Indian tribe with--
                    ``(A) a detailed, written explanation of--
                            ``(i) each reason for the disapproval; and
                            ``(ii) the revisions or changes to the 
                        tribal energy resource agreement necessary to 
                        address each reason; and
                    ``(B) an opportunity to revise and resubmit the 
                tribal energy resource agreement.'';
                    (D) in paragraph (6)--
                            (i) in subparagraph (B)--
                                    (I) by striking ``(B) Subject to'' 
                                and inserting the following:
                    ``(B) Subject only to''; and
                                    (II) by striking ``subparagraph 
                                (D)'' and inserting ``subparagraphs (C) 
                                and (D)'';
                            (ii) in subparagraph (C), in the matter 
                        preceding clause (i), by inserting ``to perform 
                        the obligations of the Secretary under this 
                        section and'' before ``to ensure''; and
                            (iii) in subparagraph (D), by adding at the 
                        end the following:
                            ``(iii) Nothing in this section absolves, 
                        limits, or otherwise affects the liability, if 
                        any, of the United States for any--
                                    ``(I) term of any lease, business 
                                agreement, or right-of-way under this 
                                section that is not a negotiated term; 
                                or
                                    ``(II) losses that are not the 
                                result of a negotiated term, including 
                                losses resulting from the failure of 
                                the Secretary to perform an obligation 
                                of the Secretary under this section.'';
                    (E) in paragraph (7)--
                            (i) in subparagraph (A), by striking ``has 
                        demonstrated'' and inserting ``the Secretary 
                        determines has demonstrated with substantial 
                        evidence'';
                            (ii) in subparagraph (B), by striking ``any 
                        tribal remedy'' and inserting ``all remedies 
                        (if any) provided under the laws of the Indian 
                        tribe'';
                            (iii) in subparagraph (D)--
                                    (I) in clause (i), by striking 
                                ``determine'' and all that follows 
                                through the end of the clause and 
                                inserting the following: ``determine--
                                            ``(I) whether the 
                                        petitioner is an interested 
                                        party; and
                                            ``(II) if the petitioner is 
                                        an interested party, whether 
                                        the Indian tribe is not in 
                                        compliance with the tribal 
                                        energy resource agreement as 
                                        alleged in the petition.'';
                                    (II) in clause (ii), by striking 
                                ``determination'' and inserting 
                                ``determinations''; and
                                    (III) in clause (iii), in the 
                                matter preceding subclause (I) by 
                                striking ``agreement'' the first place 
                                it appears and all that follows through 
                                ``, including'' and inserting 
                                ``agreement pursuant to clause (i), the 
                                Secretary shall only take such action 
                                as the Secretary determines necessary 
                                to address the claims of noncompliance 
                                made in the petition, including'';
                            (iv) in subparagraph (E)(i), by striking 
                        ``the manner in which'' and inserting ``, with 
                        respect to each claim made in the petition, 
                        how''; and
                            (v) by adding at the end the following:
                    ``(G) Notwithstanding any other provision of this 
                paragraph, the Secretary shall dismiss any petition 
                from an interested party that has agreed with the 
                Indian tribe to a resolution of the claims presented in 
                the petition of that party.'';
                    (F) in paragraph (8)--
                            (i) by striking subparagraph (A);
                            (ii) by redesignating subparagraphs (B) 
                        through (D) as subparagraphs (A) through (C), 
                        respectively; and
                            (iii) in subparagraph (A) (as redesignated 
                        by clause (ii))--
                                    (I) in clause (i), by striking 
                                ``and'' at the end;
                                    (II) in clause (ii), by adding 
                                ``and'' after the semicolon; and
                                    (III) by adding at the end the 
                                following:
                            ``(iii) amend an approved tribal energy 
                        resource agreement to assume authority for 
                        approving leases, business agreements, or 
                        rights-of-way for development of another energy 
                        resource that is not included in an approved 
                        tribal energy resource agreement without being 
                        required to apply for a new tribal energy 
                        resource agreement;'' and
                    (G) by adding at the end the following:
            ``(9) Effect.--Nothing in this section authorizes the 
        Secretary to deny a tribal energy resource agreement or any 
        amendment to a tribal energy resource agreement, or to limit 
        the effect or implementation of this section, due to lack of 
        promulgated regulations.'';
            (5) by redesignating subsection (g) as subsection (j); and
            (6) by inserting after subsection (f) the following:
    ``(g) Financial Assistance in Lieu of Activities by the 
Secretary.--
            ``(1) In general.--Any amounts that the Secretary would 
        otherwise expend to operate or carry out any program, function, 
        service, or activity (or any portion of a program, function, 
        service, or activity) of the Department that, as a result of an 
        Indian tribe carrying out activities under a tribal energy 
        resource agreement, the Secretary does not expend, the 
        Secretary shall, at the request of the Indian tribe, make 
        available to the Indian tribe in accordance with this 
        subsection.
            ``(2) Annual funding agreements.--The Secretary shall make 
        the amounts described in paragraph (1) available to an Indian 
        tribe through an annual written funding agreement that is 
        negotiated and entered into with the Indian tribe that is 
        separate from the tribal energy resource agreement.
            ``(3) Effect of appropriations.--Notwithstanding paragraph 
        (1)--
                    ``(A) the provision of amounts to an Indian tribe 
                under this subsection is subject to the availability of 
                appropriations; and
                    ``(B) the Secretary shall not be required to reduce 
                amounts for programs, functions, services, or 
                activities that serve any other Indian tribe to make 
                amounts available to an Indian tribe under this 
                subsection.
            ``(4) Determination.--
                    ``(A) In general.--The Secretary shall calculate 
                the amounts under paragraph (1) in accordance with the 
                regulations adopted under section 6013(b) of the Indian 
                Tribal Energy Development and Self-Determination Act 
                Amendments of 2016.
                    ``(B) Applicability.--The effective date or 
                implementation of a tribal energy resource agreement 
                under this section shall not be delayed or otherwise 
                affected by--
                            ``(i) a delay in the promulgation of 
                        regulations under section 6013(b) of the Indian 
                        Tribal Energy Development and Self-
                        Determination Act Amendments of 2016;
                            ``(ii) the period of time needed by the 
                        Secretary to make the calculation required 
                        under paragraph (1); or
                            ``(iii) the adoption of a funding agreement 
                        under paragraph (2).
    ``(h) Certification of Tribal Energy Development Organization.--
            ``(1) In general.--Not later than 90 days after the date on 
        which an Indian tribe submits an application for certification 
        of a tribal energy development organization in accordance with 
        regulations promulgated under section 6013(b) of the Indian 
        Tribal Energy Development and Self-Determination Act Amendments 
        of 2016, the Secretary shall approve or disapprove the 
        application.
            ``(2) Requirements.--The Secretary shall approve an 
        application for certification if--
                    ``(A)(i) the Indian tribe has carried out a 
                contract or compact under title I or IV of the Indian 
                Self-Determination and Education Assistance Act (25 
                U.S.C. 450 et seq.); and
                    ``(ii) for a period of not less than 3 consecutive 
                years ending on the date on which the Indian tribe 
                submits the application, the contract or compact--
                            ``(I) has been carried out by the Indian 
                        tribe without material audit exceptions (or 
                        without any material audit exceptions that were 
                        not corrected within the 3-year period); and
                            ``(II) has included programs or activities 
                        relating to the management of tribal land; and
                    ``(B)(i) the tribal energy development organization 
                is organized under the laws of the Indian tribe;
                    ``(ii)(I) the majority of the interest in the 
                tribal energy development organization is owned and 
                controlled by the Indian tribe (or the Indian tribe and 
                1 or more other Indian tribes) the tribal land of which 
                is being developed; and
                    ``(II) the organizing document of the tribal energy 
                development organization requires that the Indian tribe 
                with jurisdiction over the land maintain at all times 
                the controlling interest in the tribal energy 
                development organization;
                    ``(iii) the organizing document of the tribal 
                energy development organization requires that the 
                Indian tribe (or the Indian tribe and 1 or more other 
                Indian tribes) the tribal land of which is being 
                developed own and control at all times a majority of 
                the interest in the tribal energy development 
                organization; and
                    ``(iv) the organizing document of the tribal energy 
                development organization includes a statement that the 
                organization shall be subject to the jurisdiction, 
                laws, and authority of the Indian tribe.
            ``(3) Action by secretary.--If the Secretary approves an 
        application for certification pursuant to paragraph (2), the 
        Secretary shall, not more than 10 days after making the 
        determination--
                    ``(A) issue a certification stating that--
                            ``(i) the tribal energy development 
                        organization is organized under the laws of the 
                        Indian tribe and subject to the jurisdiction, 
                        laws, and authority of the Indian tribe;
                            ``(ii) the majority of the interest in the 
                        tribal energy development organization is owned 
                        and controlled by the Indian tribe (or the 
                        Indian tribe and 1 or more other Indian tribes) 
                        the tribal land of which is being developed;
                            ``(iii) the organizing document of the 
                        tribal energy development organization requires 
                        that the Indian tribe with jurisdiction over 
                        the land maintain at all times the controlling 
                        interest in the tribal energy development 
                        organization;
                            ``(iv) the organizing document of the 
                        tribal energy development organization requires 
                        that the Indian tribe (or the Indian tribe and 
                        1 or more other Indian tribes the tribal land 
                        of which is being developed) own and control at 
                        all times a majority of the interest in the 
                        tribal energy development organization; and
                            ``(v) the certification is issued pursuant 
                        this subsection;
                    ``(B) deliver a copy of the certification to the 
                Indian tribe; and
                    ``(C) publish the certification in the Federal 
                Register.
    ``(i) Sovereign Immunity.--Nothing in this section waives the 
sovereign immunity of an Indian tribe.''.
    (b) Regulations.--Not later than 1 year after the date of enactment 
of the Indian Tribal Energy Development and Self-Determination Act 
Amendments of 2016, the Secretary shall promulgate or update any 
regulations that are necessary to implement this section, including 
provisions to implement--
            (1) section 2604(e)(8) of the Energy Policy Act of 1992 (25 
        U.S.C. 3504(e)(8)), including the process to be followed by an 
        Indian tribe amending an existing tribal energy resource 
        agreement to assume authority for approving leases, business 
        agreements, or rights-of-way for development of an energy 
        resource that is not included in the tribal energy resource 
        agreement;
            (2) section 2604(g) of the Energy Policy Act of 1992 (25 
        U.S.C. 3504(g)) including the manner in which the Secretary, at 
        the request of an Indian tribe, shall--
                    (A) identify the programs, functions, services, and 
                activities (or any portions of programs, functions, 
                services, or activities) that the Secretary will not 
                have to operate or carry out as a result of the Indian 
                tribe carrying out activities under a tribal energy 
                resource agreement;
                    (B) identify the amounts that the Secretary would 
                have otherwise expended to operate or carry out each 
                program, function, service, and activity (or any 
                portion of a program, function, service, or activity) 
                identified pursuant to subparagraph (A); and
                    (C) provide to the Indian tribe a list of the 
                programs, functions, services, and activities (or any 
                portions of programs, functions, services, or 
                activities) identified pursuant subparagraph (A) and 
                the amounts associated with each program, function, 
                service, and activity (or any portion of a program, 
                function, service, or activity) identified pursuant to 
                subparagraph (B); and
            (3) section 2604(h) of the Energy Policy Act of 1992 (25 
        U.S.C. 3504(h)), including the process to be followed by, and 
        any applicable criteria and documentation required for, an 
        Indian tribe to request and obtain the certification described 
        in that section.

SEC. 6014. TECHNICAL ASSISTANCE FOR INDIAN TRIBAL GOVERNMENTS.

    Section 2602(b) of the Energy Policy Act of 1992 (25 U.S.C. 
3502(b)) is amended--
            (1) by redesignating paragraphs (3) through (6) as 
        paragraphs (4) through (7), respectively; and
            (2) by inserting after paragraph (2) the following:
            ``(3) Technical and scientific resources.--In addition to 
        providing grants to Indian tribes under this subsection, the 
        Secretary shall collaborate with the Directors of the National 
        Laboratories in making the full array of technical and 
        scientific resources of the Department of Energy available for 
        tribal energy activities and projects.''.

SEC. 6015. CONFORMING AMENDMENTS.

    (a) Definition of Tribal Energy Development Organization.--Section 
2601 of the Energy Policy Act of 1992 (25 U.S.C. 3501) is amended--
            (1) by redesignating paragraphs (9) through (12) as 
        paragraphs (10) through (13), respectively;
            (2) by inserting after paragraph (8) the following:
            ``(9) The term `qualified Indian tribe' means an Indian 
        tribe that has--
                    ``(A) carried out a contract or compact under title 
                I or IV of the Indian Self Determination and Education 
                Assistance Act (25 U.S.C. 450 et seq.) for a period of 
                not less than 3 consecutive years ending on the date on 
                which the Indian tribe submits the application without 
                material audit exception (or without any material audit 
                exceptions that were not corrected within the 3-year 
                period) relating to the management of tribal land or 
                natural resources; or
                    ``(B) substantial experience in the administration, 
                review, or evaluation of energy resource leases or 
                agreements or has otherwise substantially participated 
                in the administration, management, or development of 
                energy resources located on the tribal land of the 
                Indian tribe.''; and
            (3) by striking paragraph (12) (as redesignated by 
        paragraph (1)) and inserting the following:
            ``(12) The term `tribal energy development organization' 
        means--
                    ``(A) any enterprise, partnership, consortium, 
                corporation, or other type of business organization 
                that is engaged in the development of energy resources 
                and is wholly owned by an Indian tribe (including an 
                organization incorporated pursuant to section 17 of the 
                Indian Reorganization Act of 1934 (25 U.S.C. 477) or 
                section 3 of the Act of June 26, 1936 (25 U.S.C. 503) 
                (commonly known as the `Oklahoma Indian Welfare Act')); 
                and
                    ``(B) any organization of 2 or more entities, at 
                least 1 of which is an Indian tribe, that has the 
                written consent of the governing bodies of all Indian 
                tribes participating in the organization to apply for a 
                grant, loan, or other assistance under section 2602 or 
                to enter into a lease or business agreement with, or 
                acquire a right-of-way from, an Indian tribe pursuant 
                to subsection (a)(2)(A)(ii) or (b)(2)(B) of section 
                2604.''.
    (b) Indian Tribal Energy Resource Development.--Section 2602 of the 
Energy Policy Act of 1992 (25 U.S.C. 3502) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1), by striking ``tribal energy 
                resource development organizations'' and inserting 
                ``tribal energy development organizations''; and
                    (B) in paragraph (2), by striking ``tribal energy 
                resource development organizations'' each place it 
                appears and inserting ``tribal energy development 
                organizations''; and
            (2) in subsection (b)(2), by striking ``tribal energy 
        resource development organization'' and inserting ``tribal 
        energy development organization''.
    (c) Wind and Hydropower Feasibility Study.--Section 2606(c)(3) of 
the Energy Policy Act of 1992 (25 U.S.C. 3506(c)(3)) is amended by 
striking ``energy resource development'' and inserting ``energy 
development''.
    (d) Conforming Amendments.--Section 2604(e) of the Energy Policy 
Act of 1992 (25 U.S.C. 3504(e)) is amended--
            (1) in paragraph (3)--
                    (A) by striking ``(3) The Secretary'' and inserting 
                the following:
            ``(3) Notice and comment; secretarial review.--The 
        Secretary''; and
                    (B) by striking ``for approval'';
            (2) in paragraph (4), by striking ``(4) If the Secretary'' 
        and inserting the following:
            ``(4) Action in case of disapproval.--If the Secretary'';
            (3) in paragraph (5)--
                    (A) by striking ``(5) If an Indian tribe'' and 
                inserting the following:
            ``(5) Provision of documents to secretary.--If an Indian 
        tribe''; and
                    (B) in the matter preceding subparagraph (A), by 
                striking ``approved'' and inserting ``in effect'';
            (4) in paragraph (6)--
                    (A) by striking ``(6)(A) In carrying out'' and 
                inserting the following:
            ``(6) Secretarial obligations and effect of section.--
                    ``(A) In carrying out'';
                    (B) in subparagraph (A), by indenting clauses (i) 
                and (ii) appropriately;
                    (C) in subparagraph (B), by striking ``approved'' 
                and inserting ``in effect''; and
                    (D) in subparagraph (D)--
                            (i) in clause (i), by striking ``an 
                        approved tribal energy resource agreement'' and 
                        inserting ``a tribal energy resource agreement 
                        in effect under this section''; and
                            (ii) in clause (ii), by striking ``approved 
                        by the Secretary'' and inserting ``in effect''; 
                        and
            (5) in paragraph (7)--
                    (A) by striking ``(7)(A) In this paragraph'' and 
                inserting the following:
            ``(7) Petitions by interested parties.--
                    ``(A) In this paragraph'';
                    (B) in subparagraph (A), by striking ``approved by 
                the Secretary'' and inserting ``in effect'';
                    (C) in subparagraph (B), by striking ``approved by 
                the Secretary'' and inserting ``in effect''; and
                    (D) in subparagraph (D)(iii)--
                            (i) in subclause (I), by striking 
                        ``approved''; and
                            (ii) in subclause (II)--
                                    (I) by striking ``approval of'' in 
                                the first place it appears; and
                                    (II) by striking ``subsection (a) 
                                or (b)'' and inserting ``subsection 
                                (a)(2)(A)(i) or (b)(2)(A)''.

SEC. 6016. REPORT.

    (a) In General.--Not later than 18 months after the date of 
enactment of this Act, the Secretary of the Interior shall submit to 
the Committee on Indian Affairs of the Senate and the Committee on 
Natural Resources of the House of Representatives a report that details 
with respect to activities for energy development on Indian land, how 
the Department of the Interior--
            (1) processes and completes the reviews of energy-related 
        documents in a timely and transparent manner;
            (2) monitors the timeliness of agency review for all 
        energy-related documents;
            (3) maintains databases to track and monitor the review and 
        approval process for energy-related documents associated with 
        conventional and renewable Indian energy resources that require 
        Secretarial approval prior to development, including--
                    (A) any seismic exploration permits;
                    (B) permission to survey;
                    (C) archeological and cultural surveys;
                    (D) access permits;
                    (E) environmental assessments;
                    (F) oil and gas leases;
                    (G) surface leases;
                    (H) rights-of-way agreements; and
                    (I) communitization agreements;
            (4) identifies in the databases--
                    (A) the date lease applications and permits are 
                received by the agency;
                    (B) the status of the review;
                    (C) the date the application or permit is 
                considered complete and ready for review;
                    (D) the date of approval; and
                    (E) the start and end dates for any significant 
                delays in the review process;
            (5) tracks in the databases, for all energy-related leases, 
        agreements, applications, and permits that involve multiple 
        agency review--
                    (A) the dates documents are transferred between 
                agencies;
                    (B) the status of the review;
                    (C) the date the required reviews are completed; 
                and
                    (D) the date interim or final decisions are issued.
    (b) Inclusions.--The report under subsection (a) shall include--
            (1) a description of any intermediate and final deadlines 
        for agency action on any Secretarial review and approval 
        required for Indian conventional and renewable energy 
        exploration and development activities;
            (2) a description of the existing geographic database 
        established by the Bureau of Indian Affairs, explaining--
                    (A) how the database identifies--
                            (i) the location and ownership of all 
                        Indian oil and gas resources held in trust;
                            (ii) resources available for lease; and
                            (iii) the location of--
                                    (I) any lease of land held in trust 
                                or restricted fee on behalf of any 
                                Indian tribe or individual Indian; and
                                    (II) any rights-of-way on that land 
                                in effect;
                    (B) how the information from the database is made 
                available to--
                            (i) the officials of the Bureau of Indian 
                        Affairs with responsibility over the management 
                        and development of Indian resources; and
                            (ii) resource owners; and
                    (C) any barriers to identifying the information 
                described in subparagraphs (A) and (B) or any 
                deficiencies in that information; and
            (3) an evaluation of--
                    (A) the ability of each applicable agency to track 
                and monitor the review and approval process of the 
                agency for Indian energy development; and
                    (B) the extent to which each applicable agency 
                complies with any intermediate and final deadlines.

                  Subtitle B--Miscellaneous Amendments

SEC. 6201. ISSUANCE OF PRELIMINARY PERMITS OR LICENSES.

    (a) In General.--Section 7(a) of the Federal Power Act (16 U.S.C. 
800(a)) is amended by striking ``States and municipalities'' and 
inserting ``States, Indian tribes, and municipalities''.
    (b) Applicability.--The amendment made by subsection (a) shall not 
affect--
            (1) any preliminary permit or original license issued 
        before the date of enactment of the Indian Tribal Energy 
        Development and Self-Determination Act Amendments of 2016; or
            (2) an application for an original license, if the 
        Commission has issued a notice accepting that application for 
        filing pursuant to section 4.32(d) of title 18, Code of Federal 
        Regulations (or successor regulations), before the date of 
        enactment of the Indian Tribal Energy Development and Self-
        Determination Act Amendments of 2016.
    (c) Definition of Indian Tribe.--For purposes of section 7(a) of 
the Federal Power Act (16 U.S.C. 800(a)) (as amended by subsection 
(a)), the term ``Indian tribe'' has the meaning given the term in 
section 4 of the Indian Self-Determination and Education Assistance Act 
(25 U.S.C. 450b).

SEC. 6202. TRIBAL BIOMASS DEMONSTRATION PROJECT.

    (a) Purpose.--The purpose of this section is to establish a biomass 
demonstration project for federally recognized Indian tribes and Alaska 
Native corporations to promote biomass energy production.
    (b) Tribal Biomass Demonstration Project.--The Tribal Forest 
Protection Act of 2004 (Public Law 108-278; 118 Stat. 868) is amended--
            (1) in section 2(a), by striking ``In this section'' and 
        inserting ``In this Act''; and
            (2) by adding at the end the following:

``SEC. 3. TRIBAL BIOMASS DEMONSTRATION PROJECT.

    ``(a) Stewardship Contracts or Similar Agreements.--For each of 
fiscal years 2017 through 2021, the Secretary shall enter into 
stewardship contracts or similar agreements (excluding direct service 
contracts) with Indian tribes to carry out demonstration projects to 
promote biomass energy production (including biofuel, heat, and 
electricity generation) on Indian forest land and in nearby communities 
by providing reliable supplies of woody biomass from Federal land.
    ``(b) Demonstration Projects.--In each fiscal year for which 
projects are authorized, at least 4 new demonstration projects that 
meet the eligibility criteria described in subsection (c) shall be 
carried out under contracts or agreements described in subsection (a).
    ``(c) Eligibility Criteria.--To be eligible to enter into a 
contract or agreement under this section, an Indian tribe shall submit 
to the Secretary an application--
            ``(1) containing such information as the Secretary may 
        require; and
            ``(2) that includes a description of--
                    ``(A) the Indian forest land or rangeland under the 
                jurisdiction of the Indian tribe; and
                    ``(B) the demonstration project proposed to be 
                carried out by the Indian tribe.
    ``(d) Selection.--In evaluating the applications submitted under 
subsection (c), the Secretary shall--
            ``(1) take into consideration--
                    ``(A) the factors set forth in paragraphs (1) and 
                (2) of section 2(e); and
                    ``(B) whether a proposed project would--
                            ``(i) increase the availability or 
                        reliability of local or regional energy;
                            ``(ii) enhance the economic development of 
                        the Indian tribe;
                            ``(iii) result in or improve the connection 
                        of electric power transmission facilities 
                        serving the Indian tribe with other electric 
                        transmission facilities;
                            ``(iv) improve the forest health or 
                        watersheds of Federal land or Indian forest 
                        land or rangeland;
                            ``(v) demonstrate new investments in 
                        infrastructure; or
                            ``(vi) otherwise promote the use of woody 
                        biomass; and
            ``(2) exclude from consideration any merchantable logs that 
        have been identified by the Secretary for commercial sale.
    ``(e) Implementation.--The Secretary shall--
            ``(1) ensure that the criteria described in subsection (c) 
        are publicly available by not later than 120 days after the 
        date of enactment of this section; and
            ``(2) to the maximum extent practicable, consult with 
        Indian tribes and appropriate intertribal organizations likely 
        to be affected in developing the application and otherwise 
        carrying out this section.
    ``(f) Report.--Not later than September 20, 2019, the Secretary 
shall submit to Congress a report that describes, with respect to the 
reporting period--
            ``(1) each individual tribal application received under 
        this section; and
            ``(2) each contract and agreement entered into pursuant to 
        this section.
    ``(g) Incorporation of Management Plans.--In carrying out a 
contract or agreement under this section, on receipt of a request from 
an Indian tribe, the Secretary shall incorporate into the contract or 
agreement, to the maximum extent practicable, management plans 
(including forest management and integrated resource management plans) 
in effect on the Indian forest land or rangeland of the respective 
Indian tribe.
    ``(h) Term.--A contract or agreement entered into under this 
section--
            ``(1) shall be for a term of not more than 20 years; and
            ``(2) may be renewed in accordance with this section for 
        not more than an additional 10 years.''.
    (c) Alaska Native Biomass Demonstration Project.--
            (1) Definitions.--In this subsection:
                    (A) Federal land.--The term ``Federal land'' 
                means--
                            (i) land of the National Forest System (as 
                        defined in section 11(a) of the Forest and 
                        Rangeland Renewable Resources Planning Act of 
                        1974 (16 U.S.C. 1609(a)) administered by the 
                        Secretary of Agriculture, acting through the 
                        Chief of the Forest Service; and
                            (ii) public lands (as defined in section 
                        103 of the Federal Land Policy Management Act 
                        of 1976 (43 U.S.C. 1702)), the surface of which 
                        is administered by the Secretary of the 
                        Interior, acting through the Director of the 
                        Bureau of Land Management.
                    (B) Indian tribe.--The term ``Indian tribe'' has 
                the meaning given the term in section 4 of the Indian 
                Self-Determination and Education Assistance Act (25 
                U.S.C. 450b).
                    (C) Secretary.--The term ``Secretary'' means--
                            (i) the Secretary of Agriculture, with 
                        respect to land under the jurisdiction of the 
                        Forest Service; and
                            (ii) the Secretary of the Interior, with 
                        respect to land under the jurisdiction of the 
                        Bureau of Land Management.
                    (D) Tribal organization.--The term ``tribal 
                organization'' has the meaning given the term in 
                section 4 of the Indian Self-Determination and 
                Education Assistance Act (25 U.S.C. 450b).
            (2) Agreements.--For each of fiscal years 2017 through 
        2021, the Secretary shall enter into an agreement or contract 
        with an Indian tribe or a tribal organization to carry out a 
        demonstration project to promote biomass energy production 
        (including biofuel, heat, and electricity generation) by 
        providing reliable supplies of woody biomass from Federal land.
            (3) Demonstration projects.--In each fiscal year for which 
        projects are authorized, at least 1 new demonstration project 
        that meets the eligibility criteria described in paragraph (4) 
        shall be carried out under contracts or agreements described in 
        paragraph (2).
            (4) Eligibility criteria.--To be eligible to enter into a 
        contract or agreement under this subsection, an Indian tribe or 
        tribal organization shall submit to the Secretary an 
        application--
                    (A) containing such information as the Secretary 
                may require; and
                    (B) that includes a description of the 
                demonstration project proposed to be carried out by the 
                Indian tribe or tribal organization.
            (5) Selection.--In evaluating the applications submitted 
        under paragraph (4), the Secretary shall--
                    (A) take into consideration whether a proposed 
                project would--
                            (i) increase the availability or 
                        reliability of local or regional energy;
                            (ii) enhance the economic development of 
                        the Indian tribe;
                            (iii) result in or improve the connection 
                        of electric power transmission facilities 
                        serving the Indian tribe with other electric 
                        transmission facilities;
                            (iv) improve the forest health or 
                        watersheds of Federal land or non-Federal land;
                            (v) demonstrate new investments in 
                        infrastructure; or
                            (vi) otherwise promote the use of woody 
                        biomass; and
                    (B) exclude from consideration any merchantable 
                logs that have been identified by the Secretary for 
                commercial sale.
            (6) Implementation.--The Secretary shall--
                    (A) ensure that the criteria described in paragraph 
                (4) are publicly available by not later than 120 days 
                after the date of enactment of this subsection; and
                    (B) to the maximum extent practicable, consult with 
                Indian tribes and appropriate tribal organizations 
                likely to be affected in developing the application and 
                otherwise carrying out this subsection.
            (7) Report.--Not later than September 20, 2019, the 
        Secretary shall submit to Congress a report that describes, 
        with respect to the reporting period--
                    (A) each individual application received under this 
                subsection; and
                    (B) each contract and agreement entered into 
                pursuant to this subsection.
            (8) Term.--A contract or agreement entered into under this 
        subsection--
                    (A) shall be for a term of not more than 20 years; 
                and
                    (B) may be renewed in accordance with this 
                subsection for not more than an additional 10 years.

SEC. 6203. WEATHERIZATION PROGRAM.

    Section 413(d) of the Energy Conservation and Production Act (42 
U.S.C. 6863(d)) is amended--
            (1) by striking paragraph (1) and inserting the following:
            ``(1) Reservation of amounts.--
                    ``(A) In general.--Subject to subparagraph (B) and 
                notwithstanding any other provision of this part, the 
                Secretary shall reserve from amounts that would 
                otherwise be allocated to a State under this part not 
                less than 100 percent, but not more than 150 percent, 
                of an amount which bears the same proportion to the 
                allocation of that State for the applicable fiscal year 
                as the population of all low-income members of an 
                Indian tribe in that State bears to the population of 
                all low-income individuals in that State.
                    ``(B) Restrictions.--Subparagraph (A) shall apply 
                only if--
                            ``(i) the tribal organization serving the 
                        low-income members of the applicable Indian 
                        tribe requests that the Secretary make a grant 
                        directly; and
                            ``(ii) the Secretary determines that the 
                        low-income members of the applicable Indian 
                        tribe would be equally or better served by 
                        making a grant directly than a grant made to 
                        the State in which the low-income members 
                        reside.
                    ``(C) Presumption.--If the tribal organization 
                requesting the grant is a tribally designated housing 
                entity (as defined in section 4 of the Native American 
                Housing Assistance and Self-Determination Act of 1996 
                (25 U.S.C. 4103)) that has operated without material 
                audit exceptions (or without any material audit 
                exceptions that were not corrected within a 3-year 
                period), the Secretary shall presume that the low-
                income members of the applicable Indian tribe would be 
                equally or better served by making a grant directly to 
                the tribal organization than by a grant made to the 
                State in which the low-income members reside.'';
            (2) in paragraph (2)--
                    (A) by striking ``The sums'' and inserting 
                ``Administration.--The amounts'';
                    (B) by striking ``on the basis of his 
                determination'';
                    (C) by striking ``individuals for whom such a 
                determination has been made'' and inserting ``low-
                income members of the Indian tribe''; and
                    (D) by striking ``he'' and inserting ``the 
                Secretary''; and
            (3) in paragraph (3), by striking ``In order'' and 
        inserting ``Application.--In order''.

SEC. 6204. APPRAISALS.

    (a) In General.--Title XXVI of the Energy Policy Act of 1992 (25 
U.S.C. 3501 et seq.) is amended by adding at the end the following:

``SEC. 2607. APPRAISALS.

    ``(a) In General.--For any transaction that requires approval of 
the Secretary and involves mineral or energy resources held in trust by 
the United States for the benefit of an Indian tribe or by an Indian 
tribe subject to Federal restrictions against alienation, any appraisal 
relating to fair market value of those resources required to be 
prepared under applicable law may be prepared by--
            ``(1) the Secretary;
            ``(2) the affected Indian tribe; or
            ``(3) a certified, third-party appraiser pursuant to a 
        contract with the Indian tribe.
    ``(b) Secretarial Review and Approval.--Not later than 45 days 
after the date on which the Secretary receives an appraisal prepared by 
or for an Indian tribe under paragraph (2) or (3) of subsection (a), 
the Secretary shall--
            ``(1) review the appraisal; and
            ``(2) approve the appraisal unless the Secretary determines 
        that the appraisal fails to meet the standards set forth in 
        regulations promulgated under subsection (d).
    ``(c) Notice of Disapproval.--If the Secretary determines that an 
appraisal submitted for approval under subsection (b) should be 
disapproved, the Secretary shall give written notice of the disapproval 
to the Indian tribe and a description of--
            ``(1) each reason for the disapproval; and
            ``(2) how the appraisal should be corrected or otherwise 
        cured to meet the applicable standards set forth in the 
        regulations promulgated under subsection (d).
    ``(d) Regulations.--The Secretary shall promulgate regulations to 
carry out this section, including standards the Secretary shall use for 
approving or disapproving the appraisal described in subsection (a).''.

SEC. 6205. LEASES OF RESTRICTED LANDS FOR NAVAJO NATION.

    (a) In General.--Subsection (e)(1) of the first section of the Act 
of August 9, 1955 (commonly known as the ``Long-Term Leasing Act'') (25 
U.S.C. 415(e)(1)), is amended--
            (1) by striking ``, except a lease for'' and inserting ``, 
        including a lease for'';
            (2) by striking subparagraph (A) and inserting the 
        following:
                    ``(A) in the case of a business or agricultural 
                lease, 99 years;'';
            (3) in subparagraph (B), by striking the period at the end 
        and inserting ``; and''; and
            (4) by adding at the end the following:
                    ``(C) in the case of a lease for the exploration, 
                development, or extraction of any mineral resource 
                (including geothermal resources), 25 years, except 
                that--
                            ``(i) any such lease may include an option 
                        to renew for 1 additional term of not to exceed 
                        25 years; and
                            ``(ii) any such lease for the exploration, 
                        development, or extraction of an oil or gas 
                        resource shall be for a term of not to exceed 
                        10 years, plus such additional period as the 
                        Navajo Nation determines to be appropriate in 
                        any case in which an oil or gas resource is 
                        produced in a paying quantity.''.
    (b) GAO Report.--Not later than 5 years after the date of enactment 
of this Act, the Comptroller General of the United States shall prepare 
and submit to Congress a report describing the progress made in 
carrying out the amendment made by subsection (a).

SEC. 6206. EXTENSION OF TRIBAL LEASE PERIOD FOR THE CROW TRIBE OF 
              MONTANA.

    Subsection (a) of the first section of the Act of August 9, 1955 
(25 U.S.C. 415(a)), is amended in the second sentence by inserting ``, 
land held in trust for the Crow Tribe of Montana'' after ``Devils Lake 
Sioux Reservation''.

SEC. 6207. TRUST STATUS OF LEASE PAYMENTS.

    (a) Definition of Secretary.--In this section, the term 
``Secretary'' means the Secretary of the Interior.
    (b) Treatment of Lease Payments.--
            (1) In general.--Except as provided in paragraph (2) and at 
        the request of the Indian tribe or individual Indian, any 
        advance payments, bid deposits, or other earnest money received 
        by the Secretary in connection with the review and Secretarial 
        approval under any other Federal law (including regulations) of 
        a sale, lease, permit, or any other conveyance of any interest 
        in any trust or restricted land of any Indian tribe or 
        individual Indian shall, upon receipt and prior to Secretarial 
        approval of the contract or conveyance instrument, be held in 
        the trust fund system for the benefit of the Indian tribe and 
        individual Indian from whose land the funds were generated.
            (2) Restriction.--If the advance payment, bid deposit, or 
        other earnest money received by the Secretary results from 
        competitive bidding, upon selection of the successful bidder, 
        only the funds paid by the successful bidder shall be held in 
        the trust fund system.
    (c) Use of Funds.--
            (1) In general.--On the approval of the Secretary of a 
        contract or other instrument for a sale, lease, permit, or any 
        other conveyance described in subsection (b)(1), the funds held 
        in the trust fund system and described in subsection (b), along 
        with all income generated from the investment of those funds, 
        shall be disbursed to the Indian tribe or individual Indian 
        landowners.
            (2) Administration.--If a contract or other instrument for 
        a sale, lease, permit, or any other conveyance described in 
        subsection (b)(1) is not approved by the Secretary, the funds 
        held in the trust fund system and described in subsection (b), 
        along with all income generated from the investment of those 
        funds, shall be paid to the party identified in, and in such 
        amount and on such terms as set out in, the applicable 
        regulations, advertisement, or other notice governing the 
        proposed conveyance of the interest in the land at issue.
    (d) Applicability.--This section shall apply to any advance 
payment, bid deposit, or other earnest money received by the Secretary 
in connection with the review and Secretarial approval under any other 
Federal law (including regulations) of a sale, lease, permit, or any 
other conveyance of any interest in any trust or restricted land of any 
Indian tribe or individual Indian on or after the date of enactment of 
this Act.

                 TITLE VII--BROWNFIELDS REAUTHORIZATION

SEC. 7001. SHORT TITLE.

    This title may be cited as the ``Brownfields Utilization, 
Investment, and Local Development Act of 2016'' or the ``BUILD Act''.

SEC. 7002. EXPANDED ELIGIBILITY FOR NONPROFIT ORGANIZATIONS.

    Section 104(k)(1) of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9604(k)(1)) is 
amended--
            (1) in subparagraph (G), by striking ``or'' after the 
        semicolon;
            (2) in subparagraph (H), by striking the period at the end 
        and inserting a semicolon; and
            (3) by adding at the end the following:
                    ``(I) an organization described in section 
                501(c)(3) of the Internal Revenue Code of 1986 and 
                exempt from taxation under section 501(a) of that Code;
                    ``(J) a limited liability corporation in which all 
                managing members are organizations described in 
                subparagraph (I) or limited liability corporations 
                whose sole members are organizations described in 
                subparagraph (I);
                    ``(K) a limited partnership in which all general 
                partners are organizations described in subparagraph 
                (I) or limited liability corporations whose sole 
                members are organizations described in subparagraph 
                (I); or
                    ``(L) a qualified community development entity (as 
                defined in section 45D(c)(1) of the Internal Revenue 
                Code of 1986).''.

SEC. 7003. MULTIPURPOSE BROWNFIELDS GRANTS.

    Section 104(k) of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9604(k)) is 
amended--
            (1) by redesignating paragraphs (4) through (9) and (10) 
        through (12) as paragraphs (5) through (10) and (13) through 
        (15), respectively;
            (2) in paragraph (3)(A), by striking ``subject to 
        paragraphs (4) and (5)'' and inserting ``subject to paragraphs 
        (5) and (6)''; and
            (3) by inserting after paragraph (3) the following:
            ``(4) Multipurpose brownfields grants.--
                    ``(A) In general.--Subject to subparagraph (D) and 
                paragraphs (5) and (6), the Administrator shall 
                establish a program to provide multipurpose grants to 
                an eligible entity based on the considerations under 
                paragraph (3)(C), to carry out inventory, 
                characterization, assessment, planning, or remediation 
                activities at 1 or more brownfield sites in a proposed 
                area.
                    ``(B) Grant amounts.--
                            ``(i) Individual grant amounts.--Each grant 
                        awarded under this paragraph shall not exceed 
                        $950,000.
                            ``(ii) Cumulative grant amounts.--The total 
                        amount of grants awarded for each fiscal year 
                        under this paragraph shall not exceed 15 
                        percent of the funds made available for the 
                        fiscal year to carry out this subsection.
                    ``(C) Criteria.--In awarding a grant under this 
                paragraph, the Administrator shall consider the extent 
                to which an eligible entity is able--
                            ``(i) to provide an overall plan for 
                        revitalization of the 1 or more brownfield 
                        sites in the proposed area in which the 
                        multipurpose grant will be used;
                            ``(ii) to demonstrate a capacity to conduct 
                        the range of eligible activities that will be 
                        funded by the multipurpose grant; and
                            ``(iii) to demonstrate that a multipurpose 
                        grant will meet the needs of the 1 or more 
                        brownfield sites in the proposed area.
                    ``(D) Condition.--As a condition of receiving a 
                grant under this paragraph, each eligible entity shall 
                expend the full amount of the grant not later than the 
                date that is 3 years after the date on which the grant 
                is awarded to the eligible entity unless the 
                Administrator, in the discretion of the Administrator, 
                provides an extension.''.

SEC. 7004. TREATMENT OF CERTAIN PUBLICLY OWNED BROWNFIELD SITES.

    Section 104(k)(2) of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9604(k)(2)) is 
amended by adding at the end the following:
                    ``(C) Exemption for certain publicly owned 
                brownfield sites.--Notwithstanding any other provision 
                of law, an eligible entity that is a governmental 
                entity may receive a grant under this paragraph for 
                property acquired by that governmental entity prior to 
                January 11, 2002, even if the governmental entity does 
                not qualify as a bona fide prospective purchaser (as 
                that term is defined in section 101(40)), so long as 
                the eligible entity has not caused or contributed to a 
                release or threatened release of a hazardous substance 
                at the property.''.

SEC. 7005. INCREASED FUNDING FOR REMEDIATION GRANTS.

    Section 104(k)(3)(A)(ii) of the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 (42 U.S.C. 
9604(k)(3)(A)(ii)) is amended by striking ``$200,000 for each site to 
be remediated'' and inserting ``$500,000 for each site to be 
remediated, which limit may be waived by the Administrator, but not to 
exceed a total of $650,000 for each site, based on the anticipated 
level of contamination, size, or ownership status of the site''.

SEC. 7006. ALLOWING ADMINISTRATIVE COSTS FOR GRANT RECIPIENTS.

    Paragraph (5) of section 104(k) of the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9604(k)) 
(as redesignated by section 3(1)) is amended--
            (1) in subparagraph (B)--
                    (A) in clause (i)--
                            (i) by striking subclause (III); and
                            (ii) by redesignating subclauses (IV) and 
                        (V) as subclauses (III) and (IV), respectively;
                    (B) by striking clause (ii);
                    (C) by redesignating clause (iii) as clause (ii); 
                and
                    (D) in clause (ii) (as redesignated by subparagraph 
                (C)), by striking ``Notwithstanding clause (i)(IV)'' 
                and inserting ``Notwithstanding clause (i)(III)''; and
            (2) by adding at the end the following:
                    ``(E) Administrative costs.--
                            ``(i) In general.--An eligible entity may 
                        use up to 8 percent of the amounts made 
                        available under a grant or loan under this 
                        subsection for administrative costs.
                            ``(ii) Restriction.--For purposes of clause 
                        (i), the term `administrative costs' does not 
                        include--
                                    ``(I) investigation and 
                                identification of the extent of 
                                contamination;
                                    ``(II) design and performance of a 
                                response action; or
                                    ``(III) monitoring of a natural 
                                resource.''.

SEC. 7007. SMALL COMMUNITY TECHNICAL ASSISTANCE GRANTS.

    Paragraph (7)(A) of section 104(k) of the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980 (42 
U.S.C. 9604(k)) (as redesignated by section 7003(1)) is amended--
            (1) by striking ``The Administrator may provide,'' and 
        inserting the following:
                            ``(i) Definitions.--In this subparagraph:
                                    ``(I) Disadvantaged area.--The term 
                                `disadvantaged area' means an area with 
                                an annual median household income that 
                                is less than 80 percent of the State-
                                wide annual median household income, as 
                                determined by the latest available 
                                decennial census.
                                    ``(II) Small community.--The term 
                                `small community' means a community 
                                with a population of not more than 
                                15,000 individuals, as determined by 
                                the latest available decennial census.
                            ``(ii) Establishment of program.--The 
                        Administrator shall establish a program to 
                        provide grants that provide,''; and
            (2) by adding at the end the following:
                            ``(iii) Small or disadvantaged community 
                        recipients.--
                                    ``(I) In general.--Subject to 
                                subclause (II), in carrying out the 
                                program under clause (ii), the 
                                Administrator shall use not more than 
                                $600,000 of the amounts made available 
                                to carry out this paragraph to provide 
                                grants to States that receive amounts 
                                under section 128(a) to assist small 
                                communities, Indian tribes, rural 
                                areas, or disadvantaged areas in 
                                achieving the purposes described in 
                                clause (ii).
                                    ``(II) Limitation.--Each grant 
                                awarded under subclause (I) shall be 
                                not more than $7,500.''.

SEC. 7008. WATERFRONT BROWNFIELDS GRANTS.

    Section 104(k) of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9604(k)) is amended 
by inserting after paragraph (10) (as redesignated by section 7003(1)) 
the following:
            ``(11) Waterfront brownfield sites.--
                    ``(A) Definition of waterfront brownfield site.--In 
                this paragraph, the term `waterfront brownfield site' 
                means a brownfield site that is adjacent to a body of 
                water or a federally designated floodplain.
                    ``(B) Requirements.--In providing grants under this 
                subsection, the Administrator shall--
                            ``(i) take into consideration whether the 
                        brownfield site to be served by the grant is a 
                        waterfront brownfield site; and
                            ``(ii) give consideration to waterfront 
                        brownfield sites.''.

SEC. 7009. CLEAN ENERGY BROWNFIELDS GRANTS.

    Section 104(k) of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9604(k)) (as amended 
by section 7008) is amended by inserting after paragraph (11) the 
following:
            ``(12) Clean energy projects at brownfield sites.--
                    ``(A) Definition of clean energy project.--In this 
                paragraph, the term `clean energy project' means--
                            ``(i) a facility that generates renewable 
                        electricity from wind, solar, or geothermal 
                        energy; and
                            ``(ii) any energy efficiency improvement 
                        project at a facility, including combined heat 
                        and power and district energy.
                    ``(B) Establishment.--The Administrator shall 
                establish a program to provide grants--
                            ``(i) to eligible entities to carry out 
                        inventory, characterization, assessment, 
                        planning, feasibility analysis, design, or 
                        remediation activities to locate a clean energy 
                        project at 1 or more brownfield sites; and
                            ``(ii) to capitalize a revolving loan fund 
                        for the purposes described in clause (i).
                    ``(C) Maximum amount.--A grant under this paragraph 
                shall not exceed $500,000.''.

SEC. 7010. TARGETED FUNDING FOR STATES.

    Paragraph (15) of section 104(k) of the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9604(k)) 
(as redesignated by section 7003(1)) is amended by adding at the end 
the following:
                    ``(C) Targeted funding.--Of the amounts made 
                available under subparagraph (A) for a fiscal year, the 
                Administrator may use not more than $2,000,000 to 
                provide grants to States for purposes authorized under 
                section 128(a), subject to the condition that each 
                State that receives a grant under this subparagraph 
                shall have used at least 50 percent of the amounts made 
                available to that State in the previous fiscal year to 
                carry out assessment and remediation activities under 
                section 128(a).''.

SEC. 7011. AUTHORIZATION OF APPROPRIATIONS.

    (a) Brownfields Revitalization Funding.--Paragraph (15)(A) of 
section 104(k) of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9604(k)) (as 
redesignated by section 7003(1)) is amended by striking ``2006'' and 
inserting ``2018''.
    (b) State Response Programs.--Section 128(a)(3) of the 
Comprehensive Environmental Response, Compensation, and Liability Act 
of 1980 (42 U.S.C. 9628(a)(3)) is amended by striking ``2006'' and 
inserting ``2018''.

                       TITLE VIII--MISCELLANEOUS

SEC. 8001. REMOVAL OF USE RESTRICTION.

    Public Law 101-479 (104 Stat. 1158) is amended--
            (1) by striking section 2(d); and
            (2) by adding the following new section at the end:

``SEC. 4. REMOVAL OF USE RESTRICTION.

    ``(a) The approximately 1-acre portion of the land referred to in 
section 3 that is used for purposes of a child care center, as 
authorized by this Act, shall not be subject to the use restriction 
imposed in the deed referred to in section 3.
    ``(b) Upon enactment of this section, the Secretary of the Interior 
shall execute an instrument to carry out subsection (a).''.

                        TITLE IX--MISCELLANEOUS

SEC. 9001. INTERAGENCY TRANSFER OF LAND ALONG GEORGE WASHINGTON 
              MEMORIAL PARKWAY.

    (a) Definitions.--In this section:
            (1) Map.--The term ``Map'' means the map entitled ``George 
        Washington Memorial Parkway--Claude Moore Farm Proposed 
        Boundary Adjustment'', numbered 850_130815, and dated February 
        2016.
            (2) Research center.--The term ``Research Center'' means 
        the Turner-Fairbank Highway Research Center of the Federal 
        Highway Administration.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
    (b) Administrative Jurisdiction Transfer.--
            (1) Transfer of jurisdiction.--
                    (A) George washington memorial parkway land.--
                Administrative jurisdiction over the approximately 
                0.342 acres of Federal land under the jurisdiction of 
                the Secretary within the boundary of the George 
                Washington Memorial Parkway, as generally depicted as 
                ``B'' on the Map, is transferred from the Secretary to 
                the Secretary of Transportation.
                    (B) Research center land.--Administration 
                jurisdiction over the approximately 0.479 acres of 
                Federal land within the boundary of the Research Center 
                land under the jurisdiction of the Secretary of 
                Transportation adjacent to the boundary of the George 
                Washington Memorial Parkway, as generally depicted as 
                ``A'' on the Map, is transferred from the Secretary of 
                Transportation to the Secretary.
            (2) Use restriction.--The Secretary shall restrict the use 
        of 0.139 acres of Federal land within the boundary of the 
        George Washington Memorial Parkway immediately adjacent to part 
        of the perimeter fence of the Research Center, generally 
        depicted as ``C'' on the Map, by prohibiting the storage, 
        construction, or installation of any item that may interfere 
        with the access of the Research Center to the restricted land 
        for security and maintenance purposes.
            (3) Reimbursement or consideration.--The transfers of 
        administrative jurisdiction under this subsection shall not be 
        subject to reimbursement or consideration.
            (4) Compliance with agreement.--
                    (A) Agreement.--The National Park Service and the 
                Federal Highway Administration shall comply with all 
                terms and conditions of the agreement entered into by 
                the parties on September 11, 2002, regarding the 
                transfer of administrative jurisdiction, management, 
                and maintenance of the land described in the agreement.
                    (B) Access to restricted land.--
                            (i) In general.--Subject to the terms of 
                        the agreement described in subparagraph (A), 
                        the Secretary shall allow the Research Center--
                                    (I) to access the Federal land 
                                described in paragraph (1)(B) for 
                                purposes of transportation to and from 
                                the Research Center; and
                                    (II) to access the Federal land 
                                described in paragraphs (1)(B) and (2) 
                                for purposes of maintenance in 
                                accordance with National Park Service 
                                standards, including grass mowing, weed 
                                control, tree maintenance, fence 
                                maintenance, and maintenance of the 
                                visual appearance of the Federal land.
    (c) Management of Transferred Land.--
            (1) Interior land.--The Federal land transferred to the 
        Secretary under subsection (b)(1)(B) shall be--
                    (A) included in the boundary of the George 
                Washington Memorial Parkway; and
                    (B) administered by the Secretary as part of the 
                George Washington Memorial Parkway, subject to 
                applicable laws (including regulations).
            (2) Transportation land.--The Federal land transferred to 
        the Secretary of Transportation under subsection (b)(1)(A) 
        shall be--
                    (A) included in the boundary of the Research Center 
                land; and
                    (B) removed from the boundary of the George 
                Washington Memorial Parkway.
            (3) Restricted-use land.--The Federal land that the 
        Secretary has designated for restricted use under subsection 
        (b)(2) shall be maintained by the Research Center.
    (d) Map on File.--The Map shall be available for public inspection 
in the appropriate offices of the National Park Service.

                       TITLE X--NATURAL RESOURCES

            Subtitle A--Land Conveyances and Related Matters

SEC. 10001. ARAPAHO NATIONAL FOREST BOUNDARY ADJUSTMENT.

    (a) In General.--The boundary of the Arapaho National Forest in the 
State of Colorado is adjusted to incorporate the approximately 92.95 
acres of land generally depicted as ``The Wedge'' on the map entitled 
``Arapaho National Forest Boundary Adjustment'' and dated November 6, 
2013, and described as lots three, four, eight, and nine of section 13, 
Township 4 North, Range 76 West, Sixth Principal Meridian, Colorado. A 
lot described in this subsection may be included in the boundary 
adjustment only after the Secretary of Agriculture obtains written 
permission for such action from the lot owner or owners.
    (b) Bowen Gulch Protection Area.--The Secretary of Agriculture 
shall include all Federal land within the boundary described in 
subsection (a) in the Bowen Gulch Protection Area established under 
section 6 of the Colorado Wilderness Act of 1993 (16 U.S.C. 539j).
    (c) Land and Water Conservation Fund.--For purposes of section 
200306(a)(2)(B)(i) of title 54, United States Code, the boundaries of 
the Arapaho National Forest, as modified under subsection (a), shall be 
considered to be the boundaries of the Arapaho National Forest as in 
existence on January 1, 1965.
    (d) Public Motorized Use.--Nothing in this section opens privately 
owned lands within the boundary described in subsection (a) to public 
motorized use.
    (e) Access to Non-Federal Lands.--Notwithstanding the provisions of 
section 6(f) of the Colorado Wilderness Act of 1993 (16 U.S.C. 539j(f)) 
regarding motorized travel, the owners of any non-Federal lands within 
the boundary described in subsection (a) who historically have accessed 
their lands through lands now or hereafter owned by the United States 
within the boundary described in subsection (a) shall have the 
continued right of motorized access to their lands across the existing 
roadway.

SEC. 10002. LAND CONVEYANCE, ELKHORN RANCH AND WHITE RIVER NATIONAL 
              FOREST, COLORADO.

    (a) Land Conveyance Required.--Consistent with the purpose of the 
Act of March 3, 1909 (43 U.S.C. 772), all right, title, and interest of 
the United States (subject to subsection (b)) in and to a parcel of 
land consisting of approximately 148 acres as generally depicted on the 
map entitled ``Elkhorn Ranch Land Parcel-White River National Forest'' 
and dated March 2015 shall be conveyed by patent to the Gordman-
Leverich Partnership, a Colorado Limited Liability Partnership (in this 
section referred to as ``GLP'').
    (b) Existing Rights.--The conveyance under subsection (a)--
            (1) is subject to the valid existing rights of the lessee 
        of Federal oil and gas lease COC-75070 and any other valid 
        existing rights; and
            (2) shall reserve to the United States the right to collect 
        rent and royalty payments on the lease referred to in paragraph 
        (1) for the duration of the lease.
    (c) Existing Boundaries.--The conveyance under subsection (a) does 
not modify the exterior boundary of the White River National Forest or 
the boundaries of Sections 18 and 19 of Township 7 South, Range 93 
West, Sixth Principal Meridian, Colorado, as such boundaries are in 
effect on the date of the enactment of this Act.
    (d) Time for Conveyance; Payment of Costs.--The conveyance directed 
under subsection (a) shall be completed not later than 180 days after 
the date of the enactment of this Act. The conveyance shall be without 
consideration, except that all costs incurred by the Secretary of the 
Interior relating to any survey, platting, legal description, or other 
activities carried out to prepare and issue the patent shall be paid by 
GLP to the Secretary prior to the land conveyance.

SEC. 10003. LAND EXCHANGE IN CRAGS, COLORADO.

    (a) Purposes.--The purposes of this section are--
            (1) to authorize, direct, expedite, and facilitate the land 
        exchange set forth herein; and
            (2) to promote enhanced public outdoor recreational and 
        natural resource conservation opportunities in the Pike 
        National Forest near Pikes Peak, Colorado, via acquisition of 
        the non-Federal land and trail easement.
    (b) Definitions.--In this section:
            (1) BHI.--The term ``BHI'' means Broadmoor Hotel, Inc., a 
        Colorado corporation.
            (2) Federal land.--The term ``Federal land'' means all 
        right, title, and interest of the United States in and to 
        approximately 83 acres of land within the Pike National Forest, 
        El Paso County, Colorado, together with a non-exclusive 
        perpetual access easement to BHI to and from such land on 
        Forest Service Road 371, as generally depicted on the map 
        entitled ``Proposed Crags Land Exchange-Federal Parcel-Emerald 
        Valley Ranch'', dated March 2015.
            (3) Non-federal land.--The term ``non-Federal land'' means 
        the land and trail easement to be conveyed to the Secretary by 
        BHI in the exchange and is--
                    (A) approximately 320 acres of land within the Pike 
                National Forest, Teller County, Colorado, as generally 
                depicted on the map entitled ``Proposed Crags Land 
                Exchange-Non-Federal Parcel-Crags Property'', dated 
                March 2015; and
                    (B) a permanent trail easement for the Barr Trail 
                in El Paso County, Colorado, as generally depicted on 
                the map entitled ``Proposed Crags Land Exchange-Barr 
                Trail Easement to United States'', dated March 2015, 
                and which shall be considered as a voluntary donation 
                to the United States by BHI for all purposes of law.
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture, unless otherwise specified.
    (c) Land Exchange.--
            (1) In general.--If BHI offers to convey to the Secretary 
        all right, title, and interest of BHI in and to the non-Federal 
        land, the Secretary shall accept the offer and simultaneously 
        convey to BHI the Federal land.
            (2) Land title.--Title to the non-Federal land conveyed and 
        donated to the Secretary under this section shall be acceptable 
        to the Secretary and shall conform to the title approval 
        standards of the Attorney General of the United States 
        applicable to land acquisitions by the Federal Government.
            (3) Perpetual access easement to bhi.--The nonexclusive 
        perpetual access easement to be granted to BHI as shown on the 
        map referred to in subsection (b)(2) shall allow--
                    (A) BHI to fully maintain, at BHI's expense, and 
                use Forest Service Road 371 from its junction with 
                Forest Service Road 368 in accordance with historic use 
                and maintenance patterns by BHI; and
                    (B) full and continued public and administrative 
                access and use of FSR 371 in accordance with the 
                existing Forest Service travel management plan, or as 
                such plan may be revised by the Secretary.
            (4) Route and condition of road.--BHI and the Secretary may 
        mutually agree to improve, relocate, reconstruct, or otherwise 
        alter the route and condition of all or portions of such road 
        as the Secretary, in close consultation with BHI, may determine 
        advisable.
            (5) Exchange costs.--BHI shall pay for all land survey, 
        appraisal, and other costs to the Secretary as may be necessary 
        to process and consummate the exchange directed by this 
        section, including reimbursement to the Secretary, if the 
        Secretary so requests, for staff time spent in such processing 
        and consummation.
    (d) Equal Value Exchange and Appraisals.--
            (1) Appraisals.--The values of the lands to be exchanged 
        under this section shall be determined by the Secretary through 
        appraisals performed in accordance with--
                    (A) the Uniform Appraisal Standards for Federal 
                Land Acquisitions;
                    (B) the Uniform Standards of Professional Appraisal 
                Practice;
                    (C) appraisal instructions issued by the Secretary; 
                and
                    (D) shall be performed by an appraiser mutually 
                agreed to by the Secretary and BHI.
            (2) Equal value exchange.--The values of the Federal and 
        non-Federal land parcels exchanged shall be equal, or if they 
        are not equal, shall be equalized as follows:
                    (A) Surplus of federal land value.--If the final 
                appraised value of the Federal land exceeds the final 
                appraised value of the non-Federal land parcel 
                identified in subsection (b)(3)(A), BHI shall make a 
                cash equalization payment to the United States as 
                necessary to achieve equal value, including, if 
                necessary, an amount in excess of that authorized 
                pursuant to section 206(b) of the Federal Land Policy 
                and Management Act of l976 (43 U.S.C. 1716(b)).
                    (B) Use of funds.--Any cash equalization moneys 
                received by the Secretary under subparagraph (A) shall 
                be--
                            (i) deposited in the fund established under 
                        Public Law 90-171 (commonly known as the ``Sisk 
                        Act''; 16 U.S.C. 484a); and
                            (ii) made available to the Secretary for 
                        the acquisition of land or interests in land in 
                        Region 2 of the Forest Service.
                    (C) Surplus of non-federal land value.--If the 
                final appraised value of the non-Federal land parcel 
                identified in subsection (b)(3)(A) exceeds the final 
                appraised value of the Federal land, the United States 
                shall not make a cash equalization payment to BHI, and 
                surplus value of the non-Federal land shall be 
                considered a donation by BHI to the United States for 
                all purposes of law.
            (3) Appraisal exclusions.--
                    (A) Special use permit.--The appraised value of the 
                Federal land parcel shall not reflect any increase or 
                diminution in value due to the special use permit 
                existing on the date of the enactment of this Act to 
                BHI on the parcel and improvements thereunder.
                    (B) Barr trail easement.--The Barr Trail easement 
                donation identified in subsection (b)(3)(B) shall not 
                be appraised for purposes of this section.
    (e) Miscellaneous Provisions.--
            (1) Withdrawal provisions.--
                    (A) Withdrawal.--Lands acquired by the Secretary 
                under this section shall, without further action by the 
                Secretary, be permanently withdrawn from all forms of 
                appropriation and disposal under the public land laws 
                (including the mining and mineral leasing laws) and the 
                Geothermal Steam Act of 1930 (30 U.S.C. 1001 et seq.).
                    (B) Withdrawal revocation.--Any public land order 
                that withdraws the Federal land from appropriation or 
                disposal under a public land law shall be revoked to 
                the extent necessary to permit disposal of the Federal 
                land parcel to BHI.
                    (C) Withdrawal of federal land.--All Federal land 
                authorized to be exchanged under this section, if not 
                already withdrawn or segregated from appropriation or 
                disposal under the public lands laws upon enactment of 
                this Act, is hereby so withdrawn, subject to valid 
                existing rights, until the date of conveyance of the 
                Federal land to BHI.
            (2) Postexchange land management.--Land acquired by the 
        Secretary under this section shall become part of the Pike-San 
        Isabel National Forest and be managed in accordance with the 
        laws, rules, and regulations applicable to the National Forest 
        System.
            (3) Exchange timetable.--It is the intent of Congress that 
        the land exchange directed by this section be consummated no 
        later than 1 year after the date of the enactment of this Act.
            (4) Maps, estimates, and descriptions.--
                    (A) Minor errors.--The Secretary and BHI may by 
                mutual agreement make minor boundary adjustments to the 
                Federal and non-Federal lands involved in the exchange, 
                and may correct any minor errors in any map, acreage 
                estimate, or description of any land to be exchanged.
                    (B) Conflict.--If there is a conflict between a 
                map, an acreage estimate, or a description of land 
                under this section, the map shall control unless the 
                Secretary and BHI mutually agree otherwise.
                    (C) Availability.--Upon enactment of this Act, the 
                Secretary shall file and make available for public 
                inspection in the headquarters of the Pike-San Isabel 
                National Forest a copy of all maps referred to in this 
                section.

SEC. 10004. CERRO DEL YUTA AND RIO SAN ANTONIO WILDERNESS AREAS.

    (a) Definitions.--In this section:
            (1) Map.--The term ``map'' means the map entitled ``Rio 
        Grande del Norte National Monument Proposed Wilderness Areas'' 
        and dated July 28, 2015.
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (3) Wilderness area.--The term ``wilderness area'' means a 
        wilderness area designated by subsection (b)(1).
    (b) Designation of Cerro Del Yuta and Rio San Antonio Wilderness 
Areas.--
            (1) In general.--In accordance with the Wilderness Act (16 
        U.S.C. 1131 et seq.), the following areas in the Rio Grande del 
        Norte National Monument are designated as wilderness and as 
        components of the National Wilderness Preservation System:
                    (A) Cerro del yuta wilderness.--Certain land 
                administered by the Bureau of Land Management in Taos 
                County, New Mexico, comprising approximately 13,420 
                acres as generally depicted on the map, which shall be 
                known as the ``Cerro del Yuta Wilderness''.
                    (B) Rio san antonio wilderness.--Certain land 
                administered by the Bureau of Land Management in Rio 
                Arriba County, New Mexico, comprising approximately 
                8,120 acres, as generally depicted on the map, which 
                shall be known as the ``Rio San Antonio Wilderness''.
            (2) Management of wilderness areas.--Subject to valid 
        existing rights, the wilderness areas shall be administered in 
        accordance with the Wilderness Act (16 U.S.C. 1131 et seq.) and 
        this section, except that with respect to the wilderness areas 
        designated by this subsection--
                    (A) any reference to the effective date of the 
                Wilderness Act shall be considered to be a reference to 
                the date of enactment of this Act; and
                    (B) any reference in the Wilderness Act to the 
                Secretary of Agriculture shall be considered to be a 
                reference to the Secretary.
            (3) Incorporation of acquired land and interests in land.--
        Any land or interest in land within the boundary of the 
        wilderness areas that is acquired by the United States shall--
                    (A) become part of the wilderness area in which the 
                land is located; and
                    (B) be managed in accordance with--
                            (i) the Wilderness Act (16 U.S.C. 1131 et 
                        seq.);
                            (ii) this section; and
                            (iii) any other applicable laws.
            (4) Grazing.--Grazing of livestock in the wilderness areas, 
        where established before the date of enactment of this Act, 
        shall be administered in accordance with--
                    (A) section 4(d)(4) of the Wilderness Act (16 
                U.S.C. 1133(d)(4)); and
                    (B) the guidelines set forth in appendix A of the 
                Report of the Committee on Interior and Insular Affairs 
                to accompany H.R. 2570 of the 101st Congress (H. Rept. 
                101-405).
            (5) Buffer zones.--
                    (A) In general.--Nothing in this section creates a 
                protective perimeter or buffer zone around the 
                wilderness areas.
                    (B) Activities outside wilderness areas.--The fact 
                that an activity or use on land outside a wilderness 
                area can be seen or heard within the wilderness area 
                shall not preclude the activity or use outside the 
                boundary of the wilderness area.
            (6) Release of wilderness study areas.--Congress finds 
        that, for purposes of section 603(c) of the Federal Land Policy 
        and Management Act of 1976 (43 U.S.C. 1782(c)), the public land 
        within the San Antonio Wilderness Study Area not designated as 
        wilderness by this subsection--
                    (A) has been adequately studied for wilderness 
                designation;
                    (B) is no longer subject to section 603(c) of the 
                Federal Land Policy and Management Act of 1976 (43 
                U.S.C. 1782(c)); and
                    (C) shall be managed in accordance with this 
                section.
            (7) Maps and legal descriptions.--
                    (A) In general.--As soon as practicable after the 
                date of enactment of this Act, the Secretary shall file 
                the map and legal descriptions of the wilderness areas 
                with--
                            (i) the Committee on Energy and Natural 
                        Resources of the Senate; and
                            (ii) the Committee on Natural Resources of 
                        the House of Representatives.
                    (B) Force of law.--The map and legal descriptions 
                filed under subparagraph (A) shall have the same force 
                and effect as if included in this section, except that 
                the Secretary may correct errors in the legal 
                description and map.
                    (C) Public availability.--The map and legal 
                descriptions filed under subparagraph (A) shall be on 
                file and available for public inspection in the 
                appropriate offices of the Bureau of Land Management.
            (8) National landscape conservation system.--The wilderness 
        areas shall be administered as components of the National 
        Landscape Conservation System.
            (9) Fish and wildlife.--Nothing in this section affects the 
        jurisdiction of the State of New Mexico with respect to fish 
        and wildlife located on public land in the State.
            (10) Withdrawals.--Subject to valid existing rights, any 
        Federal land within the wilderness areas designated by 
        paragraph (1), including any land or interest in land that is 
        acquired by the United States after the date of enactment of 
        this Act, is withdrawn from--
                    (A) entry, appropriation, or disposal under the 
                public land laws;
                    (B) location, entry, and patent under the mining 
                laws; and
                    (C) operation of the mineral leasing, mineral 
                materials, and geothermal leasing laws.
            (11) Treaty rights.--Nothing in this section enlarges, 
        diminishes, or otherwise modifies any treaty rights.

SEC. 10005. CLARIFICATION RELATING TO A CERTAIN LAND DESCRIPTION UNDER 
              THE NORTHERN ARIZONA LAND EXCHANGE AND VERDE RIVER BASIN 
              PARTNERSHIP ACT OF 2005.

    Section 104(a)(5) of the Northern Arizona Land Exchange and Verde 
River Basin Partnership Act of 2005 (Public Law 109-110; 119 Stat. 
2356) is amended by inserting before the period at the end ``, which, 
notwithstanding section 102(a)(4)(B), includes the N\1/2\, NE\1/4\, 
SW\1/4\, SW\1/4\, the N\1/2\, N\1/2\, SE\1/4\, SW\1/4\, and the N\1/2\, 
N\1/2\, SW\1/4\, SE\1/4\, sec. 34, T. 22 N., R. 2 E., Gila and Salt 
River Meridian, Coconino County, comprising approximately 25 acres''.

SEC. 10006. COOPER SPUR LAND EXCHANGE CLARIFICATION AMENDMENTS.

    Section 1206(a) of the Omnibus Public Land Management Act of 2009 
(Public Law 111-11; 123 Stat. 1018) is amended--
            (1) in paragraph (1)--
                    (A) in subparagraph (C), by striking ``120 acres'' 
                and inserting ``107 acres''; and
                    (B) in subparagraph (E)(ii), by inserting 
                ``improvements,'' after ``buildings,''; and
            (2) in paragraph (2)--
                    (A) in subparagraph (D)--
                            (i) in clause (i), by striking ``As soon as 
                        practicable after the date of enactment of this 
                        Act, the Secretary and Mt. Hood Meadows shall 
                        select'' and inserting ``Not later than 120 
                        days after the date of the enactment of the 
                        Energy Policy Modernization Act of 2016, the 
                        Secretary and Mt. Hood Meadows shall jointly 
                        select'';
                            (ii) in clause (ii), in the matter 
                        preceding subclause (I), by striking ``An 
                        appraisal under clause (i) shall'' and 
                        inserting ``Except as provided under clause 
                        (iii), an appraisal under clause (i) shall 
                        assign a separate value to each tax lot to 
                        allow for the equalization of values and''; and
                            (iii) by adding at the end the following:
                            ``(iii) Final appraised value.--
                                    ``(I) In general.--Subject to 
                                subclause (II), after the final 
                                appraised value of the Federal land and 
                                the non-Federal land are determined and 
                                approved by the Secretary, the 
                                Secretary shall not be required to 
                                reappraise or update the final 
                                appraised value for a period of up to 3 
                                years, beginning on the date of the 
                                approval by the Secretary of the final 
                                appraised value.
                                    ``(II) Exception.--Subclause (I) 
                                shall not apply if the condition of 
                                either the Federal land or the non-
                                Federal land referred to in subclause 
                                (I) is significantly and substantially 
                                altered by fire, windstorm, or other 
                                events.
                            ``(iv) Public review.--Before completing 
                        the land exchange under this Act, the Secretary 
                        shall make available for public review the 
                        complete appraisals of the land to be 
                        exchanged.''; and
                    (B) by striking subparagraph (G) and inserting the 
                following:
                    ``(G) Required conveyance conditions.--Prior to the 
                exchange of the Federal and non-Federal land--
                            ``(i) the Secretary and Mt. Hood Meadows 
                        may mutually agree for the Secretary to reserve 
                        a conservation easement to protect the 
                        identified wetland in accordance with 
                        applicable law, subject to the requirements 
                        that--
                                    ``(I) the conservation easement 
                                shall be consistent with the terms of 
                                the September 30, 2015, mediation 
                                between the Secretary and Mt. Hood 
                                Meadows; and
                                    ``(II) in order to take effect, the 
                                conservation easement shall be 
                                finalized not later than 120 days after 
                                the date of enactment of the Energy 
                                Policy Modernization Act of 2016; and
                            ``(ii) the Secretary shall reserve a 24-
                        foot-wide nonexclusive trail easement at the 
                        existing trail locations on the Federal land 
                        that retains for the United States existing 
                        rights to construct, reconstruct, maintain, and 
                        permit nonmotorized use by the public of 
                        existing trails subject to the right of the 
                        owner of the Federal land--
                                    ``(I) to cross the trails with 
                                roads, utilities, and infrastructure 
                                facilities; and
                                    ``(II) to improve or relocate the 
                                trails to accommodate development of 
                                the Federal land.
                    ``(H) Equalization of values.--
                            ``(i) In general.--Notwithstanding 
                        subparagraph (A), in addition to or in lieu of 
                        monetary compensation, a lesser area of Federal 
                        land or non-Federal land may be conveyed if 
                        necessary to equalize appraised values of the 
                        exchange properties, without limitation, 
                        consistent with the requirements of this Act 
                        and subject to the approval of the Secretary 
                        and Mt. Hood Meadows.
                            ``(ii) Treatment of certain compensation or 
                        conveyances as donation.--If, after payment of 
                        compensation or adjustment of land area subject 
                        to exchange under this Act, the amount by which 
                        the appraised value of the land and other 
                        property conveyed by Mt. Hood Meadows under 
                        subparagraph (A) exceeds the appraised value of 
                        the land conveyed by the Secretary under 
                        subparagraph (A) shall be considered a donation 
                        by Mt. Hood Meadows to the United States.''.

SEC. 10007. EXPEDITED ACCESS TO CERTAIN FEDERAL LAND.

    (a) Definitions.--In this section:
            (1) Eligible.--The term ``eligible'', with respect to an 
        organization or individual, means that the organization or 
        individual, respectively, is--
                    (A) acting in a not-for-profit capacity; and
                    (B) composed entirely of members who, at the time 
                of the good Samaritan search-and-recovery mission, have 
                attained the age of majority under the law of the State 
                where the mission takes place.
            (2) Good samaritan search-and-recovery mission.--The term 
        ``good Samaritan search-and-recovery mission'' means a search 
        conducted by an eligible organization or individual for 1 or 
        more missing individuals believed to be deceased at the time 
        that the search is initiated.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior or the Secretary of Agriculture, as applicable.
    (b) Process.--
            (1) In general.--Each Secretary shall develop and implement 
        a process to expedite access to Federal land under the 
        administrative jurisdiction of the Secretary for eligible 
        organizations and individuals to request access to Federal land 
        to conduct good Samaritan search-and-recovery missions.
            (2) Inclusions.--The process developed and implemented 
        under this subsection shall include provisions to clarify 
        that--
                    (A) an eligible organization or individual granted 
                access under this section--
                            (i) shall be acting for private purposes; 
                        and
                            (ii) shall not be considered to be a 
                        Federal volunteer;
                    (B) an eligible organization or individual 
                conducting a good Samaritan search-and-recovery mission 
                under this section shall not be considered to be a 
                volunteer under section 102301(c) of title 54, United 
                States Code;
                    (C) chapter 171 of title 28, United States Code 
                (commonly known as the ``Federal Tort Claims Act''), 
                shall not apply to an eligible organization or 
                individual carrying out a privately requested good 
                Samaritan search-and-recovery mission under this 
                section; and
                    (D) chapter 81 of title 5, United States Code 
                (commonly known as the ``Federal Employees Compensation 
                Act''), shall not apply to an eligible organization or 
                individual conducting a good Samaritan search-and-
                recovery mission under this section, and the conduct of 
                the good Samaritan search-and-recovery mission shall 
                not constitute civilian employment.
    (c) Release of Federal Government From Liability.--The Secretary 
shall not require an eligible organization or individual to have 
liability insurance as a condition of accessing Federal land under this 
section, if the eligible organization or individual--
            (1) acknowledges and consents, in writing, to the 
        provisions described in subparagraphs (A) through (D) of 
        subsection (b)(2); and
            (2) signs a waiver releasing the Federal Government from 
        all liability relating to the access granted under this section 
        and agrees to indemnify and hold harmless the United States 
        from any claims or lawsuits arising from any conduct by the 
        eligible organization or individual on Federal land.
    (d) Approval and Denial of Requests.--
            (1) In general.--The Secretary shall notify an eligible 
        organization or individual of the approval or denial of a 
        request by the eligible organization or individual to carry out 
        a good Samaritan search-and-recovery mission under this section 
        by not later than 48 hours after the request is made.
            (2) Denials.--If the Secretary denies a request from an 
        eligible organization or individual to carry out a good 
        Samaritan search-and-recovery mission under this section, the 
        Secretary shall notify the eligible organization or individual 
        of--
                    (A) the reason for the denial of the request; and
                    (B) any actions that the eligible organization or 
                individual can take to meet the requirements for the 
                request to be approved.
    (e) Partnerships.--Each Secretary shall develop search-and-
recovery-focused partnerships with search-and-recovery organizations--
            (1) to coordinate good Samaritan search-and-recovery 
        missions on Federal land under the administrative jurisdiction 
        of the Secretary; and
            (2) to expedite and accelerate good Samaritan search-and-
        recovery mission efforts for missing individuals on Federal 
        land under the administrative jurisdiction of the Secretary.
    (f) Report.--Not later than 180 days after the date of enactment of 
this Act, the Secretaries shall submit to Congress a joint report 
describing--
            (1) plans to develop partnerships described in subsection 
        (e)(1); and
            (2) efforts carried out to expedite and accelerate good 
        Samaritan search-and-recovery mission efforts for missing 
        individuals on Federal land under the administrative 
        jurisdiction of each Secretary pursuant to subsection (e)(2).

SEC. 10008. BLACK HILLS NATIONAL CEMETERY BOUNDARY MODIFICATION.

    (a) Definitions.--In this section:
            (1) Cemetery.--The term ``Cemetery'' means the Black Hills 
        National Cemetery in Sturgis, South Dakota.
            (2) Federal land.--The term ``Federal land'' means the 
        approximately 200 acres of Bureau of Land Management land 
        adjacent to the Cemetery, generally depicted as ``Proposed 
        National Cemetery Expansion'' on the map entitled ``Proposed 
        Expansion of Black Hills National Cemetery-South Dakota'' and 
        dated September 28, 2015.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
    (b) Transfer and Withdrawal of Bureau of Land Management Land for 
Cemetery Use.--
            (1) Transfer of administrative jurisdiction.--
                    (A) In general.--Subject to valid existing rights, 
                administrative jurisdiction over the Federal land is 
                transferred from the Secretary to the Secretary of 
                Veterans Affairs for use as a national cemetery in 
                accordance with chapter 24 of title 38, United States 
                Code.
                    (B) Legal descriptions.--
                            (i) In general.--As soon as practicable 
                        after the date of enactment of this Act, the 
                        Secretary shall publish in the Federal Register 
                        a notice containing a legal description of the 
                        Federal land.
                            (ii) Effect.--A legal description published 
                        under clause (i) shall have the same force and 
                        effect as if included in this section, except 
                        that the Secretary may correct any clerical and 
                        typographical errors in the legal description.
                            (iii) Availability.--Copies of the legal 
                        description published under clause (i) shall be 
                        available for public inspection in the 
                        appropriate offices of--
                                    (I) the Bureau of Land Management; 
                                and
                                    (II) the National Cemetery 
                                Administration.
                            (iv) Costs.--The Secretary of Veterans 
                        Affairs shall reimburse the Secretary for the 
                        costs incurred by the Secretary in carrying out 
                        this subparagraph, including the costs of any 
                        surveys and other reasonable costs.
            (2) Withdrawal.--Subject to valid existing rights, for any 
        period during which the Federal land is under the 
        administrative jurisdiction of the Secretary of Veterans 
        Affairs, the Federal land--
                    (A) is withdrawn from all forms of appropriation 
                under the public land laws, including the mining laws, 
                the mineral leasing laws, and the geothermal leasing 
                laws; and
                    (B) shall be treated as property as defined under 
                section 102(9) of title 40, United States Code.
            (3) Boundary modification.--The boundary of the Cemetery is 
        modified to include the Federal land.
            (4) Modification of public land order.--Public Land Order 
        2112, dated June 6, 1960 (25 Fed. Reg. 5243), is modified to 
        exclude the Federal land.
    (c) Subsequent Transfer of Administrative Jurisdiction.--
            (1) Notice.--On a determination by the Secretary of 
        Veterans Affairs that all or a portion of the Federal land is 
        not being used for purposes of the Cemetery, the Secretary of 
        Veterans Affairs shall notify the Secretary of the 
        determination.
            (2) Transfer of administrative jurisdiction.--Subject to 
        paragraphs (3) and (4), the Secretary of Veterans Affairs shall 
        transfer to the Secretary administrative jurisdiction over the 
        Federal land subject to a notice under paragraph (1).
            (3) Decontamination.--The Secretary of Veterans Affairs 
        shall be responsible for the costs of any decontamination of 
        the Federal land subject to a notice under paragraph (1) that 
        the Secretary determines to be necessary for the Federal land 
        to be restored to public land status.
            (4) Restoration to public land status.--The Federal land 
        subject to a notice under paragraph (1) shall only be restored 
        to public land status on--
                    (A) acceptance by the Secretary of the Federal land 
                subject to the notice; and
                    (B) a determination by the Secretary that the 
                Federal land subject to the notice is suitable for--
                            (i) restoration to public land status; and
                            (ii) the operation of 1 or more of the 
                        public land laws with respect to the Federal 
                        land.
            (5) Order.--If the Secretary accepts the Federal land under 
        paragraph (4)(A) and makes a determination of suitability under 
        paragraph (4)(B), the Secretary may--
                    (A) open the accepted Federal land to operation of 
                1 or more of the public land laws; and
                    (B) issue an order to carry out the opening 
                authorized under subparagraph (A).

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

SEC. 10101. REFUND OF FUNDS USED BY STATES TO OPERATE NATIONAL PARKS 
              DURING SHUTDOWN.

    (a) In General.--The Director of the National Park Service shall 
refund to each State all funds of the State that were used to reopen 
and temporarily operate a unit of the National Park System during the 
period in October 2013 in which there was a lapse in appropriations for 
the unit.
    (b) Funding.--Funds of the National Park Service that are 
appropriated after the date of enactment of this Act shall be used to 
carry out this section.

SEC. 10102. LOWER FARMINGTON AND SALMON BROOK RECREATIONAL RIVERS.

    (a) Designation.--Section 3(a) of the Wild and Scenic Rivers Act 
(16 U.S.C. 1274(a)) is amended by adding at the end the following new 
paragraph:
            ``(213) Lower farmington river and salmon brook, 
        connecticut.--Segments of the main stem and its tributary, 
        Salmon Brook, totaling approximately 62 miles, to be 
        administered by the Secretary of the Interior as follows:
                    ``(A) The approximately 27.2-mile segment of the 
                Farmington River beginning 0.2 miles below the tailrace 
                of the Lower Collinsville Dam and extending to the site 
                of the Spoonville Dam in Bloomfield and East Granby as 
                a recreational river.
                    ``(B) The approximately 8.1-mile segment of the 
                Farmington River extending from 0.5 miles below the 
                Rainbow Dam to the confluence with the Connecticut 
                River in Windsor as a recreational river.
                    ``(C) The approximately 2.4-mile segment of the 
                main stem of Salmon Brook extending from the confluence 
                of the East and West Branches to the confluence with 
                the Farmington River as a recreational river.
                    ``(D) The approximately 12.6-mile segment of the 
                West Branch of Salmon Brook extending from its 
                headwaters in Hartland, Connecticut to its confluence 
                with the East Branch of Salmon Brook as a recreational 
                river.
                    ``(E) The approximately 11.4-mile segment of the 
                East Branch of Salmon Brook extending from the 
                Massachusetts-Connecticut State line to the confluence 
                with the West Branch of Salmon Brook as a recreational 
                river.''.
    (b) Management.--
            (1) In general.--The river segments designated by 
        subsection (a) shall be managed in accordance with the 
        management plan and such amendments to the management plan as 
        the Secretary determines are consistent with this section. The 
        management plan shall be deemed to satisfy the requirements for 
        a comprehensive management plan pursuant to section 3(d) of the 
        Wild and Scenic Rivers Act (16 U.S.C. 1274(d)).
            (2) Committee.--The Secretary shall coordinate the 
        management responsibilities of the Secretary under this section 
        with the Lower Farmington River and Salmon Brook Wild and 
        Scenic Committee, as specified in the management plan.
            (3) Cooperative agreements.--
                    (A) In general.--In order to provide for the long-
                term protection, preservation, and enhancement of the 
                river segment designated by subsection (a), the 
                Secretary is authorized to enter into cooperative 
                agreements pursuant to sections 10(e) and 11(b)(1) of 
                the Wild and Scenic Rivers Act with--
                            (i) the State of Connecticut;
                            (ii) the towns of Avon, Bloomfield, 
                        Burlington, East Granby, Farmington, Granby, 
                        Hartland, Simsbury, and Windsor in Connecticut; 
                        and
                            (iii) appropriate local planning and 
                        environmental organizations.
                    (B) Consistency.--All cooperative agreements 
                provided for under this section shall be consistent 
                with the management plan and may include provisions for 
                financial or other assistance from the United States.
            (4) Land management.--
                    (A) Zoning ordinances.--For the purposes of the 
                segments designated in subsection (a), the zoning 
                ordinances adopted by the towns in Avon, Bloomfield, 
                Burlington, East Granby, Farmington, Granby, Hartland, 
                Simsbury, and Windsor in Connecticut, including 
                provisions for conservation of floodplains, wetlands 
                and watercourses associated with the segments, shall be 
                deemed to satisfy the standards and requirements of 
                section 6(c) of the Wild and Scenic Rivers Act (16 
                U.S.C. 1277(c)).
                    (B) Acquisition of land.--The provisions of section 
                6(c) of the Wild and Scenic Rivers Act (16 U.S.C. 
                1277(c)) that prohibit Federal acquisition of lands by 
                condemnation shall apply to the segments designated in 
                subsection (a). The authority of the Secretary to 
                acquire lands for the purposes of the segments 
                designated in subsection (a) shall be limited to 
                acquisition by donation or acquisition with the consent 
                of the owner of the lands, and shall be subject to the 
                additional criteria set forth in the management plan.
            (5) Rainbow dam.--The designation made by subsection (a) 
        shall not be construed to--
                    (A) prohibit, pre-empt, or abridge the potential 
                future licensing of the Rainbow Dam and Reservoir 
                (including any and all aspects of its facilities, 
                operations and transmission lines) by the Federal 
                Energy Regulatory Commission as a federally licensed 
                hydroelectric generation project under the Federal 
                Power Act, provided that the Commission may, in the 
                discretion of the Commission and consistent with this 
                section, establish such reasonable terms and conditions 
                in a hydropower license for Rainbow Dam as are 
                necessary to reduce impacts identified by the Secretary 
                as invading or unreasonably diminishing the scenic, 
                recreational, and fish and wildlife values of the 
                segments designated by subsection (a); or
                    (B) affect the operation of, or impose any flow or 
                release requirements on, the unlicensed hydroelectric 
                facility at Rainbow Dam and Reservoir.
            (6) Relation to national park system.--Notwithstanding 
        section 10(c) of the Wild and Scenic Rivers Act (16 U.S.C. 
        1281(c)), the Lower Farmington River shall not be administered 
        as part of the National Park System or be subject to 
        regulations which govern the National Park System.
    (c) Farmington River, Connecticut, Designation Revision.--Section 
3(a)(156) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is 
amended in the first sentence--
            (1) by striking ``14-mile'' and inserting ``15.1-mile''; 
        and
            (2) by striking ``to the downstream end of the New 
        Hartford-Canton, Connecticut town line'' and inserting ``to the 
        confluence with the Nepaug River''.
    (d) Definitions.--For the purposes of this section:
            (1) Management plan.--The term ``management plan'' means 
        the management plan prepared by the Salmon Brook Wild and 
        Scenic Study Committee entitled the ``Lower Farmington River 
        and Salmon Brook Management Plan'' and dated June 2011.
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.

SEC. 10103. SPECIAL RESOURCE STUDY OF PRESIDENT STREET STATION.

    (a) Definitions.--In this section:
            (1) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (2) Study area.--The term ``study area'' means the 
        President Street Station, a railroad terminal in Baltimore, 
        Maryland, the history of which is tied to the growth of the 
        railroad industry in the 19th century, the Civil War, the 
        Underground Railroad, and the immigrant influx of the early 
        20th century.
    (b) Special Resource Study.--
            (1) Study.--The Secretary shall conduct a special resource 
        study of the study area.
            (2) Contents.--In conducting the study under paragraph (1), 
        the Secretary shall--
                    (A) evaluate the national significance of the study 
                area;
                    (B) determine the suitability and feasibility of 
                designating the study area as a unit of the National 
                Park System;
                    (C) consider other alternatives for preservation, 
                protection, and interpretation of the study area by the 
                Federal Government, State or local government entities, 
                or private and nonprofit organizations;
                    (D) consult with interested Federal agencies, State 
                or local governmental entities, private and nonprofit 
                organizations, or any other interested individuals; and
                    (E) identify cost estimates for any Federal 
                acquisition, development, interpretation, operation, 
                and maintenance associated with the alternatives.
            (3) Applicable law.--The study required under paragraph (1) 
        shall be conducted in accordance with section 100507 of title 
        54, United States Code.
            (4) Report.--Not later than 3 years after the date on which 
        funds are first made available for the study under paragraph 
        (1), the Secretary shall submit to the Committee on Natural 
        Resources of the House of Representatives and the Committee on 
        Energy and Natural Resources of the Senate a report that 
        describes--
                    (A) the results of the study; and
                    (B) any conclusions and recommendations of the 
                Secretary.

SEC. 10104. SPECIAL RESOURCE STUDY OF THURGOOD MARSHALL'S ELEMENTARY 
              SCHOOL.

    (a) Definitions.--In this section:
            (1) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (2) Study area.--The term ``study area'' means--
                    (A) P.S. 103, the public school located in West 
                Baltimore, Maryland, which Thurgood Marshall attended 
                as a youth; and
                    (B) any other resources in the neighborhood 
                surrounding P.S. 103 that relate to the early life of 
                Thurgood Marshall.
    (b) Special Resource Study.--
            (1) Study.--The Secretary shall conduct a special resource 
        study of the study area.
            (2) Contents.--In conducting the study under paragraph (1), 
        the Secretary shall--
                    (A) evaluate the national significance of the study 
                area;
                    (B) determine the suitability and feasibility of 
                designating the study area as a unit of the National 
                Park System;
                    (C) consider other alternatives for preservation, 
                protection, and interpretation of the study area by the 
                Federal Government, State or local government entities, 
                or private and nonprofit organizations;
                    (D) consult with interested Federal agencies, State 
                or local governmental entities, private and nonprofit 
                organizations, or any other interested individuals; and
                    (E) identify cost estimates for any Federal 
                acquisition, development, interpretation, operation, 
                and maintenance associated with the alternatives.
            (3) Applicable law.--The study required under paragraph (1) 
        shall be conducted in accordance with section 100507 of title 
        54, United States Code.
            (4) Report.--Not later than 3 years after the date on which 
        funds are first made available to carry out the study under 
        paragraph (1), the Secretary shall submit to the Committee on 
        Natural Resources of the House of Representatives and the 
        Committee on Energy and Natural Resources of the Senate a 
        report that describes--
                    (A) the results of the study; and
                    (B) any conclusions and recommendations of the 
                Secretary.

SEC. 10105. SPECIAL RESOURCE STUDY OF JAMES K. POLK PRESIDENTIAL HOME.

    (a) In General.--The Secretary of the Interior (referred to in this 
section as the ``Secretary'') shall conduct a special resource study of 
the site of the James K. Polk Home in Columbia, Tennessee, and adjacent 
property (referred to in this section as the ``site'').
    (b) Criteria.--The Secretary shall conduct the study under 
subsection (a) in accordance with section 100507 of title 54, United 
States Code.
    (c) Contents.--In conducting the study under subsection (a), the 
Secretary shall--
            (1) evaluate the national significance of the site;
            (2) determine the suitability and feasibility of 
        designating the site as a unit of the National Park System;
            (3) include cost estimates for any necessary acquisition, 
        development, operation, and maintenance of the site;
            (4) consult with interested Federal, State, or local 
        governmental entities, private and nonprofit organizations, or 
        other interested individuals; and
            (5) identify alternatives for the management, 
        administration, and protection of the site.
    (d) Report.--Not later than 3 years after the date on which funds 
are made available to carry out the study under subsection (a), the 
Secretary shall submit to the Committee on Natural Resources of the 
House of Representatives and the Committee on Energy and Natural 
Resources of the Senate a report that describes--
            (1) the findings and conclusions of the study; and
            (2) any recommendations of the Secretary.

SEC. 10106. NORTH COUNTRY NATIONAL SCENIC TRAIL ROUTE ADJUSTMENT.

    (a) Route Adjustment.--Section 5(a)(8) of the National Trails 
System Act (16 U.S.C. 1244(a)(8)) is amended in the first sentence--
            (1) by striking ``thirty two hundred miles, extending from 
        eastern New York State'' and inserting ``4,600 miles, extending 
        from the Appalachian Trail in Vermont''; and
            (2) by striking ``Proposed North Country Trail'' and all 
        that follows through ``June 1975.'' and inserting ```North 
        Country National Scenic Trail, Authorized Route' dated February 
        2014, and numbered 649/116870.''.
    (b) No Condemnation.--Section 5(a)(8) of the National Trails System 
Act (16 U.S.C. 1244(a)(8)) is amended by adding at the end the 
following: ``No land or interest in land outside of the exterior 
boundary of any Federally administered area may be acquired by the 
Federal Government for the trail by condemnation.''.

SEC. 10107. DESIGNATION OF JAY S. HAMMOND WILDERNESS AREA.

    (a) Designation.--The approximately 2,600,000 acres of National 
Wilderness Preservation System land located within the Lake Clark 
National Park and Preserve designated by section 201(e)(7)(a) of the 
Alaska National Interest Lands Conservation Act (16 U.S.C. 
410hh(e)(7)(a)) shall be known and designated as the ``Jay S. Hammond 
Wilderness Area''.
    (b) References.--Any reference in a law, map, regulation, document, 
paper, or other record of the United States to the wilderness area 
referred to in subsection (a) shall be deemed to be a reference to the 
``Jay S. Hammond Wilderness Area''.

SEC. 10108. ADVISORY COUNCIL ON HISTORIC PRESERVATION.

    Section 304101(a) of title 54, United States Code, is amended--
            (1) by redesignating paragraphs (8), (9), (10), and (11) as 
        paragraphs (9), (10), (11), and (12), respectively; and
            (2) by inserting after paragraph (7) the following:
            ``(8) The General Chairman of the National Association of 
        Tribal Historic Preservation Officers.''.

SEC. 10109. ESTABLISHMENT OF A VISITOR SERVICES FACILITY ON THE 
              ARLINGTON RIDGE TRACT.

    (a) Definition of Arlington Ridge Tract.--In this section, the term 
``Arlington Ridge tract'' means the parcel of Federal land located in 
Arlington County, Virginia, known as the ``Nevius Tract'' and 
transferred to the Department of the Interior in 1953, that is bounded 
generally by--
            (1) Arlington Boulevard (United States Route 50) to the 
        north;
            (2) Jefferson Davis Highway (Virginia Route 110) to the 
        east;
            (3) Marshall Drive to the south; and
            (4) North Meade Street to the west.
    (b) Establishment of Visitor Services Facility.--Notwithstanding 
section 2863(g) of the Military Construction Authorization Act for 
Fiscal Year 2002 (Public Law 107-107; 115 Stat. 1332), the Secretary of 
the Interior may construct a structure for visitor services to include 
a public restroom facility on the Arlington Ridge tract in the area of 
the United States Marine Corps War Memorial.

       Subtitle C--Sportsmen's Access and Land Management Issues

                        PART I--NATIONAL POLICY

SEC. 10201. CONGRESSIONAL DECLARATION OF NATIONAL POLICY.

    (a) In General.--Congress declares that it is the policy of the 
United States that Federal departments and agencies, in accordance with 
the missions of the departments and agencies, Executive Orders 12962 
and 13443 (60 Fed. Reg. 30769 (June 7, 1995); 72 Fed. Reg. 46537 
(August 16, 2007)), and applicable law, shall--
            (1) facilitate the expansion and enhancement of hunting, 
        fishing, and recreational shooting opportunities on Federal 
        land, in consultation with the Wildlife and Hunting Heritage 
        Conservation Council, the Sport Fishing and Boating Partnership 
        Council, State and tribal fish and wildlife agencies, and the 
        public;
            (2) conserve and enhance aquatic systems and the management 
        of game species and the habitat of those species on Federal 
        land, including through hunting and fishing, in a manner that 
        respects--
                    (A) State management authority over wildlife 
                resources; and
                    (B) private property rights; and
            (3) consider hunting, fishing, and recreational shooting 
        opportunities as part of all Federal plans for land, resource, 
        and travel management.
    (b) Exclusion.--In this subtitle, the term ``fishing'' does not 
include commercial fishing in which fish are harvested, either in whole 
or in part, that are intended to enter commerce through sale.

              PART II--SPORTSMEN'S ACCESS TO FEDERAL LAND

SEC. 10211. DEFINITIONS.

    In this part:
            (1) Federal land.--The term ``Federal land'' means--
                    (A) any land in the National Forest System (as 
                defined in section 11(a) of the Forest and Rangeland 
                Renewable Resources Planning Act of 1974 (16 U.S.C. 
                1609(a))) that is administered by the Secretary of 
                Agriculture, acting through the Chief of the Forest 
                Service; and
                    (B) public lands (as defined in section 103 of the 
                Federal Land Policy and Management Act of 1976 (43 
                U.S.C. 1702)), the surface of which is administered by 
                the Secretary of the Interior, acting through the 
                Director of the Bureau of Land Management.
            (2) Secretary concerned.--The term ``Secretary concerned'' 
        means--
                    (A) the Secretary of Agriculture, with respect to 
                land described in paragraph (1)(A); and
                    (B) the Secretary of the Interior, with respect to 
                land described in paragraph (1)(B).

SEC. 10212. FEDERAL LAND OPEN TO HUNTING, FISHING, AND RECREATIONAL 
              SHOOTING.

    (a) In General.--Subject to subsection (b), Federal land shall be 
open to hunting, fishing, and recreational shooting, in accordance with 
applicable law, unless the Secretary concerned closes an area in 
accordance with section 6213.
    (b) Effect of Part.--Nothing in this part opens to hunting, 
fishing, or recreational shooting any land that is not open to those 
activities as of the date of enactment of this Act.

SEC. 10213. CLOSURE OF FEDERAL LAND TO HUNTING, FISHING, AND 
              RECREATIONAL SHOOTING.

    (a) Authorization.--
            (1) In general.--Subject to paragraph (2) and in accordance 
        with section 302(b) of the Federal Land Policy and Management 
        Act of 1976 (43 U.S.C. 1732(b)), the Secretary concerned may 
        designate any area on Federal land in which, and establish any 
        period during which, for reasons of public safety, 
        administration, or compliance with applicable laws, no hunting, 
        fishing, or recreational shooting shall be permitted.
            (2) Requirement.--In making a designation under paragraph 
        (1), the Secretary concerned shall designate the smallest area 
        for the least amount of time that is required for public 
        safety, administration, or compliance with applicable laws.
    (b) Closure Procedures.--
            (1) In general.--Except in an emergency, before permanently 
        or temporarily closing any Federal land to hunting, fishing, or 
        recreational shooting, the Secretary concerned shall--
                    (A) consult with State fish and wildlife agencies; 
                and
                    (B) provide public notice and opportunity for 
                comment under paragraph (2).
            (2) Public notice and comment.--
                    (A) In general.--Public notice and comment shall 
                include--
                            (i) a notice of intent--
                                    (I) published in advance of the 
                                public comment period for the closure--
                                            (aa) in the Federal 
                                        Register;
                                            (bb) on the website of the 
                                        applicable Federal agency;
                                            (cc) on the website of the 
                                        Federal land unit, if 
                                        available; and
                                            (dd) in at least 1 local 
                                        newspaper;
                                    (II) made available in advance of 
                                the public comment period to local 
                                offices, chapters, and affiliate 
                                organizations in the vicinity of the 
                                closure that are signatories to the 
                                memorandum of understanding entitled 
                                ``Federal Lands Hunting, Fishing, and 
                                Shooting Sports Roundtable Memorandum 
                                of Understanding''; and
                                    (III) that describes--
                                            (aa) the proposed closure; 
                                        and
                                            (bb) the justification for 
                                        the proposed closure, including 
                                        an explanation of the reasons 
                                        and necessity for the decision 
                                        to close the area to hunting, 
                                        fishing, or recreational 
                                        shooting; and
                            (ii) an opportunity for public comment for 
                        a period of--
                                    (I) not less than 60 days for a 
                                permanent closure; or
                                    (II) not less than 30 days for a 
                                temporary closure.
                    (B) Final decision.--In a final decision to 
                permanently or temporarily close an area to hunting, 
                fishing, or recreation shooting, the Secretary 
                concerned shall--
                            (i) respond in a reasoned manner to the 
                        comments received;
                            (ii) explain how the Secretary concerned 
                        resolved any significant issues raised by the 
                        comments; and
                            (iii) show how the resolution led to the 
                        closure.
    (c) Temporary Closures.--
            (1) In general.--A temporary closure under this section may 
        not exceed a period of 180 days.
            (2) Renewal.--Except in an emergency, a temporary closure 
        for the same area of land closed to the same activities--
                    (A) may not be renewed more than 3 times after the 
                first temporary closure; and
                    (B) must be subject to a separate notice and 
                comment procedure in accordance with subsection (b)(2).
            (3) Effect of temporary closure.--Any Federal land that is 
        temporarily closed to hunting, fishing, or recreational 
        shooting under this section shall not become permanently closed 
        to that activity without a separate public notice and 
        opportunity to comment in accordance with subsection (b)(2).
    (d) Reporting.--On an annual basis, the Secretaries concerned 
shall--
            (1) publish on a public website a list of all areas of 
        Federal land temporarily or permanently subject to a closure 
        under this section; and
            (2) submit to the Committee on Energy and Natural Resources 
        and the Committee on Agriculture, Nutrition, and Forestry of 
        the Senate and the Committee on Natural Resources and the 
        Committee on Agriculture of the House of Representatives a 
        report that identifies--
                    (A) a list of each area of Federal land temporarily 
                or permanently subject to a closure;
                    (B) the acreage of each closure; and
                    (C) a survey of--
                            (i) the aggregate areas and acreage closed 
                        under this section in each State; and
                            (ii) the percentage of Federal land in each 
                        State closed under this section with respect to 
                        hunting, fishing, and recreational shooting.
    (e) Application.--This section shall not apply if the closure is--
            (1) less than 14 days in duration; and
            (2) covered by a special use permit.

SEC. 10214. SHOOTING RANGES.

    (a) In General.--Except as provided in subsection (b), the 
Secretary concerned may, in accordance with this section and other 
applicable law, lease or permit the use of Federal land for a shooting 
range.
    (b) Exception.--The Secretary concerned shall not lease or permit 
the use of Federal land for a shooting range, within--
            (1) a component of the National Landscape Conservation 
        System;
            (2) a component of the National Wilderness Preservation 
        System;
            (3) any area that is--
                    (A) designated as a wilderness study area;
                    (B) administratively classified as--
                            (i) wilderness-eligible; or
                            (ii) wilderness-suitable; or
                    (C) a primitive or semiprimitive area;
            (4) a national monument, national volcanic monument, or 
        national scenic area; or
            (5) a component of the National Wild and Scenic Rivers 
        System (including areas designated for study for potential 
        addition to the National Wild and Scenic Rivers System).

SEC. 10215. FEDERAL ACTION TRANSPARENCY.

    (a) Modification of Equal Access to Justice Provisions.--
            (1) Agency proceedings.--Section 504 of title 5, United 
        States Code, is amended--
                    (A) in subsection (c)(1), by striking ``, United 
                States Code'';
                    (B) by redesignating subsection (f) as subsection 
                (i); and
                    (C) by striking subsection (e) and inserting the 
                following:
    ``(e)(1) Not later than March 31 of the first fiscal year beginning 
after the date of enactment of the Energy Policy Modernization Act of 
2016, and every fiscal year thereafter, the Chairman of the 
Administrative Conference of the United States, after consultation with 
the Chief Counsel for Advocacy of the Small Business Administration, 
shall submit to Congress and make publicly available online a report on 
the amount of fees and other expenses awarded during the preceding 
fiscal year under this section.
    ``(2) Each report under paragraph (1) shall describe the number, 
nature, and amount of the awards, the claims involved in the 
controversy, and any other relevant information that may aid Congress 
in evaluating the scope and impact of such awards.
    ``(3)(A) Each report under paragraph (1) shall account for all 
payments of fees and other expenses awarded under this section that are 
made pursuant to a settlement agreement, regardless of whether the 
settlement agreement is sealed or otherwise subject to a nondisclosure 
provision.
    ``(B) The disclosure of fees and other expenses required under 
subparagraph (A) shall not affect any other information that is subject 
to a nondisclosure provision in a settlement agreement.
    ``(f) As soon as practicable, and in any event not later than the 
date on which the first report under subsection (e)(1) is required to 
be submitted, the Chairman of the Administrative Conference of the 
United States shall create and maintain online a searchable database 
containing, with respect to each award of fees and other expenses under 
this section made on or after the date of enactment of the Energy 
Policy Modernization Act of 2016, the following information:
            ``(1) The case name and number of the adversary 
        adjudication, if available, hyperlinked to the case, if 
        available.
            ``(2) The name of the agency involved in the adversary 
        adjudication.
            ``(3) A description of the claims in the adversary 
        adjudication.
            ``(4) The name of each party to whom the award was made as 
        such party is identified in the order or other court document 
        making the award.
            ``(5) The amount of the award.
            ``(6) The basis for the finding that the position of the 
        agency concerned was not substantially justified.
    ``(g) The online searchable database described in subsection (f) 
may not reveal any information the disclosure of which is prohibited by 
law or a court order.
    ``(h) The head of each agency shall provide to the Chairman of the 
Administrative Conference of the United States in a timely manner all 
information requested by the Chairman to comply with the requirements 
of subsections (e), (f), and (g).''.
            (2) Court cases.--Section 2412(d) of title 28, United 
        States Code, is amended by adding at the end the following:
    ``(5)(A) Not later than March 31 of the first fiscal year beginning 
after the date of enactment of the Energy Policy Modernization Act of 
2016, and every fiscal year thereafter, the Chairman of the 
Administrative Conference of the United States shall submit to Congress 
and make publicly available online a report on the amount of fees and 
other expenses awarded during the preceding fiscal year pursuant to 
this subsection.
    ``(B) Each report under subparagraph (A) shall describe the number, 
nature, and amount of the awards, the claims involved in the 
controversy, and any other relevant information that may aid Congress 
in evaluating the scope and impact of such awards.
    ``(C)(i) Each report under subparagraph (A) shall account for all 
payments of fees and other expenses awarded under this subsection that 
are made pursuant to a settlement agreement, regardless of whether the 
settlement agreement is sealed or otherwise subject to a nondisclosure 
provision.
    ``(ii) The disclosure of fees and other expenses required under 
clause (i) shall not affect any other information that is subject to a 
nondisclosure provision in a settlement agreement.
    ``(D) The Chairman of the Administrative Conference of the United 
States shall include and clearly identify in each annual report under 
subparagraph (A), for each case in which an award of fees and other 
expenses is included in the report--
            ``(i) any amounts paid under section 1304 of title 31 for a 
        judgment in the case;
            ``(ii) the amount of the award of fees and other expenses; 
        and
            ``(iii) the statute under which the plaintiff filed suit.
    ``(6) As soon as practicable, and in any event not later than the 
date on which the first report under paragraph (5)(A) is required to be 
submitted, the Chairman of the Administrative Conference of the United 
States shall create and maintain online a searchable database 
containing, with respect to each award of fees and other expenses under 
this subsection made on or after the date of enactment of the Energy 
Policy Modernization Act of 2016, the following information:
            ``(A) The case name and number, hyperlinked to the case, if 
        available.
            ``(B) The name of the agency involved in the case.
            ``(C) The name of each party to whom the award was made as 
        such party is identified in the order or other court document 
        making the award.
            ``(D) A description of the claims in the case.
            ``(E) The amount of the award.
            ``(F) The basis for the finding that the position of the 
        agency concerned was not substantially justified.
    ``(7) The online searchable database described in paragraph (6) may 
not reveal any information the disclosure of which is prohibited by law 
or a court order.
    ``(8) The head of each agency (including the Attorney General of 
the United States) shall provide to the Chairman of the Administrative 
Conference of the United States in a timely manner all information 
requested by the Chairman to comply with the requirements of paragraphs 
(5), (6), and (7).''.
            (3) Technical and conforming amendments.--Section 2412 of 
        title 28, United States Code, is amended--
                    (A) in subsection (d)(3), by striking ``United 
                States Code,''; and
                    (B) in subsection (e)--
                            (i) by striking ``of section 2412 of title 
                        28, United States Code,'' and inserting ``of 
                        this section''; and
                            (ii) by striking ``of such title'' and 
                        inserting ``of this title''.
    (b) Judgment Fund Transparency.--Section 1304 of title 31, United 
States Code, is amended by adding at the end the following:
    ``(d) Beginning not later than the date that is 60 days after the 
date of enactment of the Energy Policy Modernization Act of 2016, and 
unless the disclosure of such information is otherwise prohibited by 
law or a court order, the Secretary of the Treasury shall make 
available to the public on a website, as soon as practicable, but not 
later than 30 days after the date on which a payment under this section 
is tendered, the following information with regard to that payment:
            ``(1) The name of the specific agency or entity whose 
        actions gave rise to the claim or judgment.
            ``(2) The name of the plaintiff or claimant.
            ``(3) The name of counsel for the plaintiff or claimant.
            ``(4) The amount paid representing principal liability, and 
        any amounts paid representing any ancillary liability, 
        including attorney fees, costs, and interest.
            ``(5) A brief description of the facts that gave rise to 
        the claim.
            ``(6) The name of the agency that submitted the claim.''.

        PART III--FILMING ON FEDERAL LAND MANAGEMENT AGENCY LAND

SEC. 10221. COMMERCIAL FILMING.

    (a) In General.--Section 1 of Public Law 106-206 (16 U.S.C. 460l-
6d) is amended--
            (1) by redesignating subsections (a) through (f) as 
        subsections (b) through (g), respectively;
            (2) by inserting before subsection (b) (as so redesignated) 
        the following:
    ``(a) Definition of Secretary.--The term `Secretary' means the 
Secretary of the Interior or the Secretary of Agriculture, as 
applicable, with respect to land under the respective jurisdiction of 
the Secretary.'';
            (3) in subsection (b) (as so redesignated)--
                    (A) in paragraph (1)--
                            (i) in the first sentence, by striking ``of 
                        the Interior or the Secretary of Agriculture 
                        (hereafter individually referred to as the 
                        `Secretary' with respect to land (except land 
                        in a System unit as defined in section 100102 
                        of title 54, United States Code) under their 
                        respective jurisdictions)''; and
                            (ii) in subparagraph (B), by inserting ``, 
                        except in the case of film crews of 3 or fewer 
                        individuals'' before the period at the end; and
                    (B) by adding at the end the following:
            ``(3) Fee schedule.--Not later than 180 days after the date 
        of enactment of the Energy Policy Modernization Act of 2016, to 
        enhance consistency in the management of Federal land, the 
        Secretaries shall publish a single joint land use fee schedule 
        for commercial filming and still photography.'';
            (4) in subsection (c) (as so redesignated), in the second 
        sentence, by striking ``subsection (a)'' and inserting 
        ``subsection (b)'';
            (5) in subsection (d) (as so redesignated), in the heading, 
        by inserting ``Commercial'' before ``Still'';
            (6) in paragraph (1) of subsection (f) (as so 
        redesignated), by inserting ``in accordance with the Federal 
        Lands Recreation Enhancement Act (16 U.S.C. 6801 et seq.),'' 
        after ``without further appropriation,'';
            (7) in subsection (g) (as so redesignated)--
                    (A) by striking ``The Secretary shall'' and 
                inserting the following:
            ``(1) In general.--The Secretary shall''; and
                    (B) by adding at the end the following:
            ``(2) Considerations.--The Secretary shall not consider 
        subject matter or content as a criterion for issuing or denying 
        a permit under this Act.''; and
            (8) by adding at the end the following:
    ``(h) Exemption From Commercial Filming or Still Photography 
Permits and Fees.--The Secretary shall not require persons holding 
commercial use authorizations or special recreation permits to obtain 
an additional permit or pay a fee for commercial filming or still 
photography under this Act if the filming or photography conducted is--
            ``(1) incidental to the permitted activity that is the 
        subject of the commercial use authorization or special 
        recreation permit; and
            ``(2) the holder of the commercial use authorization or 
        special recreation permit is an individual or small business 
        concern (within the meaning of section 3 of the Small Business 
        Act (15 U.S.C. 632)).
    ``(i) Exception From Certain Fees.--Commercial filming or 
commercial still photography shall be exempt from fees under this Act, 
but not from recovery of costs under subsection (c), if the activity--
            ``(1) is conducted by an entity that is a small business 
        concern (within the meaning of section 3 of the Small Business 
        Act (15 U.S.C. 632));
            ``(2) is conducted by a crew of not more than 3 
        individuals; and
            ``(3) uses only a camera and tripod.
    ``(j) Applicability to News Gathering Activities.--
            ``(1) In general.--News gathering shall not be considered a 
        commercial activity.
            ``(2) Included activities.--In this subsection, the term 
        `news gathering' includes, at a minimum, the gathering, 
        recording, and filming of news and information related to news 
        in any medium.''.
    (b) Conforming Amendments.--Chapter 1009 of title 54, United States 
Code, is amended--
            (1) by striking section 100905; and
            (2) in the table of sections for chapter 1009 of title 54, 
        United States Code, by striking the item relating to section 
        100905.

   PART IV--BOWS, WILDLIFE MANAGEMENT, AND ACCESS OPPORTUNITIES FOR 
                    RECREATION, HUNTING, AND FISHING

SEC. 10231. BOWS IN PARKS.

    (a) In General.--Chapter 1049 of title 54, United States Code (as 
amended by section 5001(a)), is amended by adding at the end the 
following:
``Sec. 104909. Bows in parks
    ``(a) Definition of Not Ready for Immediate Use.--The term `not 
ready for immediate use' means--
            ``(1) a bow or crossbow, the arrows of which are secured or 
        stowed in a quiver or other arrow transport case; and
            ``(2) with respect to a crossbow, uncocked.
    ``(b) Vehicular Transportation Authorized.--The Director shall not 
promulgate or enforce any regulation that prohibits an individual from 
transporting bows and crossbows that are not ready for immediate use 
across any System unit in the vehicle of the individual if--
            ``(1) the individual is not otherwise prohibited by law 
        from possessing the bows and crossbows;
            ``(2) the bows or crossbows that are not ready for 
        immediate use remain inside the vehicle of the individual 
        throughout the period during which the bows or crossbows are 
        transported across System land; and
            ``(3) the possession of the bows and crossbows is in 
        compliance with the law of the State in which the System unit 
        is located.''.
    (b) Clerical Amendment.--The table of sections for chapter 1049 of 
title 54, United States Code (as amended by section 5001(b)), is 
amended by inserting after the item relating to section 104908 the 
following:

``104909. Bows in parks.''.

SEC. 10232. WILDLIFE MANAGEMENT IN PARKS.

    (a) In General.--Chapter 1049 of title 54, United States Code (as 
amended by section 6231(a)), is amended by adding at the end the 
following:

``SEC. 104910. WILDLIFE MANAGEMENT IN PARKS.

    ``(a) Use of Qualified Volunteers.--If the Secretary determines it 
is necessary to reduce the size of a wildlife population on System land 
in accordance with applicable law (including regulations), the 
Secretary may use qualified volunteers to assist in carrying out 
wildlife management on System land.
    ``(b) Requirements for Qualified Volunteers.--Qualified volunteers 
providing assistance under subsection (a) shall be subject to--
            ``(1) any training requirements or qualifications 
        established by the Secretary; and
            ``(2) any other terms and conditions that the Secretary may 
        require.''.
    (b) Clerical Amendment.--The table of sections for chapter 1049 of 
title 54 (as amended by section 6231(b)), United States Code, is 
amended by inserting after the item relating to section 104909 the 
following:

``104910. Wildlife management in parks.''.

SEC. 10233. IDENTIFYING OPPORTUNITIES FOR RECREATION, HUNTING, AND 
              FISHING ON FEDERAL LAND.

    (a) Definitions.--In this section:
            (1) Secretary.--The term ``Secretary'' means--
                    (A) the Secretary of the Interior, with respect to 
                land administered by--
                            (i) the Director of the National Park 
                        Service;
                            (ii) the Director of the United States Fish 
                        and Wildlife Service; and
                            (iii) the Director of the Bureau of Land 
                        Management; and
                    (B) the Secretary of Agriculture, with respect to 
                land administered by the Chief of the Forest Service.
            (2) State or regional office.--The term ``State or regional 
        office'' means--
                    (A) a State office of the Bureau of Land 
                Management; or
                    (B) a regional office of--
                            (i) the National Park Service;
                            (ii) the United States Fish and Wildlife 
                        Service; or
                            (iii) the Forest Service.
            (3) Travel management plan.--The term ``travel management 
        plan'' means a plan for the management of travel--
                    (A) with respect to land under the jurisdiction of 
                the National Park Service, on park roads and designated 
                routes under section 4.10 of title 36, Code of Federal 
                Regulations (or successor regulations);
                    (B) with respect to land under the jurisdiction of 
                the United States Fish and Wildlife Service, on the 
                land under a comprehensive conservation plan prepared 
                under section 4(e) of the National Wildlife Refuge 
                System Administration Act of 1966 (16 U.S.C. 668dd(e));
                    (C) with respect to land under the jurisdiction of 
                the Forest Service, on National Forest System land 
                under part 212 of title 36, Code of Federal Regulations 
                (or successor regulations); and
                    (D) with respect to land under the jurisdiction of 
                the Bureau of Land Management, under a resource 
                management plan developed under the Federal Land Policy 
                and Management Act of 1976 (43 U.S.C. 1701 et seq.).
    (b) Priority Lists Required.--
            (1) In general.--Not later than 180 days after the date of 
        enactment of this Act, annually during the 10-year period 
        beginning on the date on which the first priority list is 
        completed, and every 5 years after the end of the 10-year 
        period, the Secretary shall prepare a priority list, to be made 
        publicly available on the website of the applicable Federal 
        agency referred to in subsection (a)(1), which shall identify 
        the location and acreage of land within the jurisdiction of 
        each State or regional office on which the public is allowed, 
        under Federal or State law, to hunt, fish, or use the land for 
        other recreational purposes but--
                    (A) to which there is no public access or egress; 
                or
                    (B) to which public access or egress to the legal 
                boundaries of the land is significantly restricted (as 
                determined by the Secretary).
            (2) Minimum size.--Any land identified under paragraph (1) 
        shall consist of contiguous acreage of at least 640 acres.
            (3) Considerations.--In preparing the priority list 
        required under paragraph (1), the Secretary shall consider with 
        respect to the land--
                    (A) whether access is absent or merely restricted, 
                including the extent of the restriction;
                    (B) the likelihood of resolving the absence of or 
                restriction to public access;
                    (C) the potential for recreational use;
                    (D) any information received from the public or 
                other stakeholders during the nomination process 
                described in paragraph (5); and
                    (E) any other factor as determined by the 
                Secretary.
            (4) Adjacent land status.--For each parcel of land on the 
        priority list, the Secretary shall include in the priority list 
        whether resolving the issue of public access or egress to the 
        land would require acquisition of an easement, right-of-way, or 
        fee title from--
                    (A) another Federal agency;
                    (B) a State, local, or tribal government; or
                    (C) a private landowner.
            (5) Nomination process.--In preparing a priority list under 
        this section, the Secretary shall provide an opportunity for 
        members of the public to nominate parcels for inclusion on the 
        priority list.
    (c) Access Options.--With respect to land included on a priority 
list described in subsection (b), the Secretary shall develop and 
submit to the Committees on Appropriations and Energy and Natural 
Resources of the Senate and the Committees on Appropriations and 
Natural Resources of the House of Representatives a report on options 
for providing access that--
            (1) identifies how public access and egress could 
        reasonably be provided to the legal boundaries of the land in a 
        manner that minimizes the impact on wildlife habitat and water 
        quality;
            (2) specifies the steps recommended to secure the access 
        and egress, including acquiring an easement, right-of-way, or 
        fee title from a willing owner of any land that abuts the land 
        or the need to coordinate with State land management agencies 
        or other Federal, State, or tribal governments to allow for 
        such access and egress; and
            (3) is consistent with the travel management plan in effect 
        on the land.
    (d) Protection of Personally Identifying Information.--In making 
the priority list and report prepared under subsections (b) and (c) 
available, the Secretary shall ensure that no personally identifying 
information is included, such as names or addresses of individuals or 
entities.
    (e) Willing Owners.--For purposes of providing any permits to, or 
entering into agreements with, a State, local, or tribal government or 
private landowner with respect to the use of land under the 
jurisdiction of the government or landowner, the Secretary shall not 
take into account whether the State, local, or tribal government or 
private landowner has granted or denied public access or egress to the 
land.
    (f) Means of Public Access and Egress Included.--In considering 
public access and egress under subsections (b) and (c), the Secretary 
shall consider public access and egress to the legal boundaries of the 
land described in those subsections, including access and egress--
            (1) by motorized or non-motorized vehicles; and
            (2) on foot or horseback.
    (g) Effect.--
            (1) In general.--This section shall have no effect on 
        whether a particular recreational use shall be allowed on the 
        land included in a priority list under this section.
            (2) Effect of allowable uses on agency consideration.--In 
        preparing the priority list under subsection (b), the Secretary 
        shall only consider recreational uses that are allowed on the 
        land at the time that the priority list is prepared.

           PART V--FEDERAL LAND TRANSACTION FACILITATION ACT

SEC. 10241. FEDERAL LAND TRANSACTION FACILITATION ACT.

    (a) In General.--The Federal Land Transaction Facilitation Act is 
amended--
            (1) in section 203(2) (43 U.S.C. 2302(2)), by striking ``on 
        the date of enactment of this Act was'' and inserting ``is'';
            (2) in section 205 (43 U.S.C. 2304)--
                    (A) in subsection (a), by striking ``(as in effect 
                on the date of enactment of this Act)''; and
                    (B) by striking subsection (d);
            (3) in section 206 (43 U.S.C. 2305), by striking subsection 
        (f); and
            (4) in section 207(b) (43 U.S.C. 2306(b))--
                    (A) in paragraph (1)--
                            (i) by striking ``96-568'' and inserting 
                        ``96-586''; and
                            (ii) by striking ``; or'' and inserting a 
                        semicolon;
                    (B) in paragraph (2)--
                            (i) by inserting ``Public Law 105-263;'' 
                        before ``112 Stat.''; and
                            (ii) by striking the period at the end and 
                        inserting a semicolon; and
                    (C) by adding at the end the following:
            ``(3) the White Pine County Conservation, Recreation, and 
        Development Act of 2006 (Public Law 109-432; 120 Stat. 3028);
            ``(4) the Lincoln County Conservation, Recreation, and 
        Development Act of 2004 (Public Law 108-424; 118 Stat. 2403);
            ``(5) subtitle F of title I of the Omnibus Public Land 
        Management Act of 2009 (16 U.S.C. 1132 note; Public Law 111-
        11);
            ``(6) subtitle O of title I of the Omnibus Public Land 
        Management Act of 2009 (16 U.S.C. 460www note, 1132 note; 
        Public Law 111-11);
            ``(7) section 2601 of the Omnibus Public Land Management 
        Act of 2009 (Public Law 111-11; 123 Stat. 1108); or
            ``(8) section 2606 of the Omnibus Public Land Management 
        Act of 2009 (Public Law 111-11; 123 Stat. 1121).''.
    (b) Funds to Treasury.--Of the amounts deposited in the Federal 
Land Disposal Account, there shall be transferred to the general fund 
of the Treasury $1,000,000 for each of fiscal years 2016 through 2025.

                PART VI--FISH AND WILDLIFE CONSERVATION

SEC. 10251. AMENDMENTS TO PITTMAN-ROBERTSON WILDLIFE RESTORATION ACT.

    (a) Purpose.--The purpose of this section is to facilitate the 
construction and expansion of public target ranges, including ranges on 
Federal land managed by the Forest Service and the Bureau of Land 
Management.
    (b) Definition of Public Target Range.--In this section, the term 
``public target range'' means a specific location that--
            (1) is identified by a governmental agency for recreational 
        shooting;
            (2) is open to the public;
            (3) may be supervised; and
            (4) may accommodate archery or rifle, pistol, or shotgun 
        shooting.
    (c) Amendments to Pittman-robertson Wildlife Restoration Act.--
            (1) Definitions.--Section 2 of the Pittman-Robertson 
        Wildlife Restoration Act (16 U.S.C. 669a) is amended--
                    (A) by redesignating paragraphs (2) through (8) as 
                paragraphs (3) through (9), respectively; and
                    (B) by inserting after paragraph (1) the following:
            ``(2) the term `public target range' means a specific 
        location that--
                    ``(A) is identified by a governmental agency for 
                recreational shooting;
                    ``(B) is open to the public;
                    ``(C) may be supervised; and
                    ``(D) may accommodate archery or rifle, pistol, or 
                shotgun shooting;''.
            (2) Expenditures for management of wildlife areas and 
        resources.--Section 8(b) of the Pittman-Robertson Wildlife 
        Restoration Act (16 U.S.C. 669g(b)) is amended--
                    (A) by striking ``(b) Each State'' and inserting 
                the following:
    ``(b) Expenditures for Management of Wildlife Areas and 
Resources.--
            ``(1) In general.--Except as provided in paragraph (2), 
        each State'';
                    (B) in paragraph (1) (as so designated), by 
                striking ``construction, operation,'' and inserting 
                ``operation'';
                    (C) in the second sentence, by striking ``The non-
                Federal share'' and inserting the following:
            ``(3) Non-federal share.--The non-Federal share'';
                    (D) in the third sentence, by striking ``The 
                Secretary'' and inserting the following:
            ``(4) Regulations.--The Secretary''; and
                    (E) by inserting after paragraph (1) (as designated 
                by subparagraph (A)) the following:
            ``(2) Exception.--Notwithstanding the limitation described 
        in paragraph (1), a State may pay up to 90 percent of the cost 
        of acquiring land for, expanding, or constructing a public 
        target range.''.
            (3) Firearm and bow hunter education and safety program 
        grants.--Section 10 of the Pittman-Robertson Wildlife 
        Restoration Act (16 U.S.C. 669h-1) is amended--
                    (A) in subsection (a), by adding at the end the 
                following:
            ``(3) Allocation of additional amounts.--Of the amount 
        apportioned to a State for any fiscal year under section 4(b), 
        the State may elect to allocate not more than 10 percent, to be 
        combined with the amount apportioned to the State under 
        paragraph (1) for that fiscal year, for acquiring land for, 
        expanding, or constructing a public target range.'';
                    (B) by striking subsection (b) and inserting the 
                following:
    ``(b) Cost Sharing.--
            ``(1) In general.--Except as provided in paragraph (2), the 
        Federal share of the cost of any activity carried out using a 
        grant under this section shall not exceed 75 percent of the 
        total cost of the activity.
            ``(2) Public target range construction or expansion.--The 
        Federal share of the cost of acquiring land for, expanding, or 
        constructing a public target range in a State on Federal or 
        non-Federal land pursuant to this section or section 8(b) shall 
        not exceed 90 percent of the cost of the activity.''; and
                    (C) in subsection (c)(1)--
                            (i) by striking ``Amounts made'' and 
                        inserting the following:
                    ``(A) In general.--Except as provided in 
                subparagraph (B), amounts made''; and
                            (ii) by adding at the end the following:
                    ``(B) Exception.--Amounts provided for acquiring 
                land for, constructing, or expanding a public target 
                range shall remain available for expenditure and 
                obligation during the 5-fiscal-year period beginning on 
                October 1 of the first fiscal year for which the 
                amounts are made available.''.
    (d) Sense of Congress Regarding Cooperation.--It is the sense of 
Congress that, consistent with applicable laws (including regulations), 
the Chief of the Forest Service and the Director of the Bureau of Land 
Management should cooperate with State and local authorities and other 
entities to carry out waste removal and other activities on any Federal 
land used as a public target range to encourage continued use of that 
land for target practice or marksmanship training.

SEC. 10252. NORTH AMERICAN WETLANDS CONSERVATION ACT.

    (a) Conservation Incentives Landowner Education Program.--Any 
acquisition of land (including any interest in land) under the North 
American Wetlands Conservation Act (16 U.S.C. 4401 et seq.) shall be 
subject to the notification requirements under section [50__(d)].
    (b) Authorization of Appropriations.--Section 7(c) of the North 
American Wetlands Conservation Act (16 U.S.C. 4406(c)) is amended--
            (1) in paragraph (4), by striking ``and'';
            (2) in paragraph (5), by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(6) $50,000,000 for each of fiscal years 2015 through 
        2020.''.

SEC. 10253. NATIONAL FISH HABITAT CONSERVATION.

    (a) Short Title.--This section may be cited as the ``National Fish 
Habitat Conservation Through Partnerships Act''.
    (b) Purpose.--The purpose of this section is to encourage 
partnerships among public agencies and other interested parties to 
promote fish conservation--
            (1) to achieve measurable habitat conservation results 
        through strategic actions of Fish Habitat Partnerships that 
        lead to better fish habitat conditions and increased fishing 
        opportunities by--
                    (A) improving ecological conditions;
                    (B) restoring natural processes; or
                    (C) preventing the decline of intact and healthy 
                systems;
            (2) to establish a consensus set of national conservation 
        strategies as a framework to guide future actions and 
        investment by Fish Habitat Partnerships;
            (3) to broaden the community of support for fish habitat 
        conservation by--
                    (A) increasing fishing opportunities;
                    (B) fostering the participation of local 
                communities, especially young people in local 
                communities, in conservation activities; and
                    (C) raising public awareness of the role healthy 
                fish habitat play in the quality of life and economic 
                well-being of local communities;
            (4) to fill gaps in the National Fish Habitat Assessment 
        and the associated database of the National Fish Habitat 
        Assessment--
                    (A) to empower strategic conservation actions 
                supported by broadly available scientific information; 
                and
                    (B) to integrate socioeconomic data in the analysis 
                to improve the lives of humans in a manner consistent 
                with fish habitat conservation goals; and
            (5) to communicate to the public and conservation 
        partners--
                    (A) the conservation outcomes produced collectively 
                by Fish Habitat Partnerships; and
                    (B) new opportunities and voluntary approaches for 
                conserving fish habitat.
    (c) Definitions.--In this section:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Commerce, Science, and 
                Transportation and the Committee on Environment and 
                Public Works of the Senate; and
                    (B) the Committee on Natural Resources of the House 
                of Representatives.
            (2) Board.--The term ``Board'' means the National Fish 
        Habitat Board established by subsection (d)(1)(A).
            (3) Director.--The term ``Director'' means the Director of 
        the United States Fish and Wildlife Service.
            (4) Epa assistant administrator.--The term ``EPA Assistant 
        Administrator'' means the Assistant Administrator for Water of 
        the Environmental Protection Agency.
            (5) Indian tribe.--The term ``Indian tribe'' has the 
        meaning given the term in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 450b).
            (6) Noaa assistant administrator.--The term ``NOAA 
        Assistant Administrator'' means the Assistant Administrator for 
        Fisheries of the National Oceanic and Atmospheric 
        Administration.
            (7) Partnership.--The term ``Partnership'' means a self-
        governed entity designated by the Board as a Fish Habitat 
        Conservation Partnership pursuant to subsection (e)(1).
            (8) Real property interest.--The term ``real property 
        interest'' means an ownership interest in--
                    (A) land; or
                    (B) water (including water rights).
            (9) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (10) State.--The term ``State'' means each of the several 
        States.
            (11) State agency.--The term ``State agency'' means--
                    (A) the fish and wildlife agency of a State; and
                    (B) any department or division of a department or 
                agency of a State that manages in the public trust the 
                inland or marine fishery resources or sustains the 
                habitat for those fishery resources of the State 
                pursuant to State law or the constitution of the State.
    (d) National Fish Habitat Board.--
            (1) Establishment.--
                    (A) Fish habitat board.--There is established a 
                board, to be known as the ``National Fish Habitat 
                Board'', whose duties are--
                            (i) to promote, oversee, and coordinate the 
                        implementation of this section;
                            (ii) to establish national goals and 
                        priorities for fish habitat conservation;
                            (iii) to approve Partnerships; and
                            (iv) to review and make recommendations 
                        regarding fish habitat conservation projects.
                    (B) Membership.--The Board shall be composed of 25 
                members, of whom--
                            (i) 1 shall be a representative of the 
                        Department of the Interior;
                            (ii) 1 shall be a representative of the 
                        United States Geological Survey;
                            (iii) 1 shall be a representative of the 
                        Department of Commerce;
                            (iv) 1 shall be a representative of the 
                        Department of Agriculture;
                            (v) 1 shall be a representative of the 
                        Association of Fish and Wildlife Agencies;
                            (vi) 4 shall be representatives of State 
                        agencies, 1 of whom shall be nominated by a 
                        regional association of fish and wildlife 
                        agencies from each of the Northeast, Southeast, 
                        Midwest, and Western regions of the United 
                        States;
                            (vii) 1 shall be a representative of 
                        either--
                                    (I) Indian tribes in the State of 
                                Alaska; or
                                    (II) Indian tribes in States other 
                                than the State of Alaska;
                            (viii) 1 shall be a representative of 
                        either--
                                    (I) the Regional Fishery Management 
                                Councils established under section 302 
                                of the Magnuson-Stevens Fishery 
                                Conservation and Management Act (16 
                                U.S.C. 1852); or
                                    (II) a representative of the Marine 
                                Fisheries Commissions, which is 
                                composed of--
                                            (aa) the Atlantic States 
                                        Marine Fisheries Commission;
                                            (bb) the Gulf States Marine 
                                        Fisheries Commission; and
                                            (cc) the Pacific States 
                                        Marine Fisheries Commission;
                            (ix) 1 shall be a representative of the 
                        Sportfishing and Boating Partnership Council;
                            (x) 7 shall be representatives selected 
                        from each of--
                                    (I) the recreational sportfishing 
                                industry;
                                    (II) the commercial fishing 
                                industry;
                                    (III) marine recreational anglers;
                                    (IV) freshwater recreational 
                                anglers;
                                    (V) habitat conservation 
                                organizations; and
                                    (VI) science-based fishery 
                                organizations;
                            (xi) 1 shall be a representative of a 
                        national private landowner organization;
                            (xii) 1 shall be a representative of an 
                        agricultural production organization;
                            (xiii) 1 shall be a representative of local 
                        government interests involved in fish habitat 
                        restoration;
                            (xiv) 2 shall be representatives from 
                        different sectors of corporate industries, 
                        which may include--
                                    (I) natural resource commodity 
                                interests, such as petroleum or mineral 
                                extraction;
                                    (II) natural resource user 
                                industries; and
                                    (III) industries with an interest 
                                in fish and fish habitat conservation; 
                                and
                            (xv) 1 shall be a leadership private sector 
                        or landowner representative of an active 
                        partnership.
                    (C) Compensation.--A member of the Board shall 
                serve without compensation.
                    (D) Travel expenses.--A member of the Board may be 
                allowed travel expenses, including per diem in lieu of 
                subsistence, at rates authorized for an employee of an 
                agency under subchapter I of chapter 57 of title 5, 
                United States Code, while away from the home or regular 
                place of business of the member in the performance of 
                the duties of the Board.
            (2) Appointment and terms.--
                    (A) In general.--Except as otherwise provided in 
                this subsection, a member of the Board described in any 
                of clauses (vi) through (xiv) of paragraph (1)(B) shall 
                serve for a term of 3 years.
                    (B) Initial board membership.--
                            (i) In general.--The initial Board will 
                        consist of representatives as described in 
                        clauses (i) through (vi) of paragraph (1)(B).
                            (ii) Remaining members.--Not later than 60 
                        days after the date of enactment of this Act, 
                        the representatives of the initial Board 
                        pursuant to clause (i) shall appoint the 
                        remaining members of the Board described in 
                        clauses (viii) through (xiv) of paragraph 
                        (1)(B).
                            (iii) Tribal representatives.--Not later 
                        than 60 days after the enactment of this Act, 
                        the Secretary shall provide to the Board a 
                        recommendation of not fewer than 3 tribal 
                        representatives, from which the Board shall 
                        appoint 1 representative pursuant to clause 
                        (vii) of paragraph (1)(B).
                    (C) Transitional terms.--Of the members described 
                in paragraph (1)(B)(x) initially appointed to the 
                Board--
                            (i) 2 shall be appointed for a term of 1 
                        year;
                            (ii) 2 shall be appointed for a term of 2 
                        years; and
                            (iii) 3 shall be appointed for a term of 3 
                        years.
                    (D) Vacancies.--
                            (i) In general.--A vacancy of a member of 
                        the Board described in any of clauses (viii) 
                        through (xiv) of paragraph (1)(B) shall be 
                        filled by an appointment made by the remaining 
                        members of the Board.
                            (ii) Tribal representatives.--Following a 
                        vacancy of a member of the Board described in 
                        clause (vii) of paragraph (1)(B), the Secretary 
                        shall recommend to the Board a list of not 
                        fewer than 3 tribal representatives, from which 
                        the remaining members of the Board shall 
                        appoint a representative to fill the vacancy.
                    (E) Continuation of service.--An individual whose 
                term of service as a member of the Board expires may 
                continue to serve on the Board until a successor is 
                appointed.
                    (F) Removal.--If a member of the Board described in 
                any of clauses (viii) through (xiv) of paragraph (1)(B) 
                misses 3 consecutive regularly scheduled Board 
                meetings, the members of the Board may--
                            (i) vote to remove that member; and
                            (ii) appoint another individual in 
                        accordance with subparagraph (D).
            (3) Chairperson.--
                    (A) In general.--The representative of the 
                Association of Fish and Wildlife Agencies appointed 
                pursuant to paragraph (1)(B)(v) shall serve as 
                Chairperson of the Board.
                    (B) Term.--The Chairperson of the Board shall serve 
                for a term of 3 years.
            (4) Meetings.--
                    (A) In general.--The Board shall meet--
                            (i) at the call of the Chairperson; but
                            (ii) not less frequently than twice each 
                        calendar year.
                    (B) Public access.--All meetings of the Board shall 
                be open to the public.
            (5) Procedures.--
                    (A) In general.--The Board shall establish 
                procedures to carry out the business of the Board, 
                including--
                            (i) a requirement that a quorum of the 
                        members of the Board be present to transact 
                        business;
                            (ii) a requirement that no recommendations 
                        may be adopted by the Board, except by the vote 
                        of \2/3\ of all members;
                            (iii) procedures for establishing national 
                        goals and priorities for fish habitat 
                        conservation for the purposes of this section;
                            (iv) procedures for designating 
                        Partnerships under subsection (e); and
                            (v) procedures for reviewing, evaluating, 
                        and making recommendations regarding fish 
                        habitat conservation projects.
                    (B) Quorum.--A majority of the members of the Board 
                shall constitute a quorum.
    (e) Fish Habitat Partnerships.--
            (1) Authority to approve.--The Board may approve and 
        designate Fish Habitat Partnerships in accordance with this 
        subsection.
            (2) Purposes.--The purposes of a Partnership shall be--
                    (A) to work with other regional habitat 
                conservation programs to promote cooperation and 
                coordination to enhance fish and fish habitats;
                    (B) to engage local and regional communities to 
                build support for fish habitat conservation;
                    (C) to involve diverse groups of public and private 
                partners;
                    (D) to develop collaboratively a strategic vision 
                and achievable implementation plan that is 
                scientifically sound;
                    (E) to leverage funding from sources that support 
                local and regional partnerships;
                    (F) to use adaptive management principles, 
                including evaluation of project success and 
                functionality;
                    (G) to develop appropriate local or regional 
                habitat evaluation and assessment measures and criteria 
                that are compatible with national habitat condition 
                measures; and
                    (H) to implement local and regional priority 
                projects that improve conditions for fish and fish 
                habitat.
            (3) Criteria for approval.--An entity seeking to be 
        designated as a Partnership shall--
                    (A) submit to the Board an application at such 
                time, in such manner, and containing such information 
                as the Board may reasonably require; and
                    (B) demonstrate to the Board that the entity has--
                            (i) a focus on promoting the health of 
                        important fish and fish habitats;
                            (ii) an ability to coordinate the 
                        implementation of priority projects that 
                        support the goals and national priorities set 
                        by the Board that are within the Partnership 
                        boundary;
                            (iii) a self-governance structure that 
                        supports the implementation of strategic 
                        priorities for fish habitat;
                            (iv) the ability to develop local and 
                        regional relationships with a broad range of 
                        entities to further strategic priorities for 
                        fish and fish habitat;
                            (v) a strategic plan that details required 
                        investments for fish habitat conservation that 
                        addresses the strategic fish habitat priorities 
                        of the Partnership and supports and meets the 
                        strategic priorities of the Board;
                            (vi) the ability to develop and implement 
                        fish habitat conservation projects that address 
                        strategic priorities of the Partnership and the 
                        Board; and
                            (vii) the ability to develop fish habitat 
                        conservation priorities based on sound science 
                        and data, the ability to measure the 
                        effectiveness of fish habitat projects of the 
                        Partnership, and a clear plan as to how 
                        Partnership science and data components will be 
                        integrated with the overall Board science and 
                        data effort.
            (4) Approval.--The Board may approve an application for a 
        Partnership submitted under paragraph (3) if the Board 
        determines that the applicant--
                    (A) identifies representatives to provide support 
                and technical assistance to the Partnership from a 
                diverse group of public and private partners, which may 
                include State or local governments, nonprofit entities, 
                Indian tribes, and private individuals, that are 
                focused on conservation of fish habitats to achieve 
                results across jurisdictional boundaries on public and 
                private land;
                    (B) is organized to promote the health of important 
                fish species and important fish habitats, including 
                reservoirs, natural lakes, coastal and marine 
                environments, and estuaries;
                    (C) identifies strategic fish and fish habitat 
                priorities for the Partnership area in the form of 
                geographical focus areas or key stressors or 
                impairments to facilitate strategic planning and 
                decisionmaking;
                    (D) is able to address issues and priorities on a 
                nationally significant scale;
                    (E) includes a governance structure that--
                            (i) reflects the range of all partners; and
                            (ii) promotes joint strategic planning and 
                        decisionmaking by the applicant;
                    (F) demonstrates completion of, or significant 
                progress toward the development of, a strategic plan to 
                address the decline in fish populations, rather than 
                simply treating symptoms, in accordance with the goals 
                and national priorities established by the Board; and
                    (G) promotes collaboration in developing a 
                strategic vision and implementation program that is 
                scientifically sound and achievable.
    (f) Fish Habitat Conservation Projects.--
            (1) Submission to board.--Not later than March 31 of each 
        calendar year, each Partnership shall submit to the Board a 
        list of priority fish habitat conservation projects recommended 
        by the Partnership for annual funding under this section.
            (2) Recommendations by board.--Not later than July 1 of 
        each calendar year, the Board shall submit to the Secretary a 
        priority list of fish habitat conservation projects that 
        includes the description, including estimated costs, of each 
        project that the Board recommends that the Secretary approve 
        and fund under this section for the following fiscal year.
            (3) Criteria for project selection.--The Board shall select 
        each fish habitat conservation project to be recommended to the 
        Secretary under paragraph (2) after taking into consideration, 
        at a minimum, the following information:
                    (A) A recommendation of the Partnership that is, or 
                will be, participating actively in implementing the 
                fish habitat conservation project.
                    (B) The capabilities and experience of project 
                proponents to implement successfully the proposed 
                project.
                    (C) The extent to which the fish habitat 
                conservation project--
                            (i) fulfills a local or regional priority 
                        that is directly linked to the strategic plan 
                        of the Partnership and is consistent with the 
                        purpose of this section;
                            (ii) addresses the national priorities 
                        established by the Board;
                            (iii) is supported by the findings of the 
                        Habitat Assessment of the Partnership or the 
                        Board, and aligns or is compatible with other 
                        conservation plans;
                            (iv) identifies appropriate monitoring and 
                        evaluation measures and criteria that are 
                        compatible with national measures;
                            (v) provides a well-defined budget linked 
                        to deliverables and outcomes;
                            (vi) leverages other funds to implement the 
                        project;
                            (vii) addresses the causes and processes 
                        behind the decline of fish or fish habitats; 
                        and
                            (viii) includes an outreach or education 
                        component that includes the local or regional 
                        community.
                    (D) The availability of sufficient non-Federal 
                funds to match Federal contributions for the fish 
                habitat conservation project, as required by paragraph 
                (5);
                    (E) The extent to which the local or regional fish 
                habitat conservation project--
                            (i) will increase fish populations in a 
                        manner that leads to recreational fishing 
                        opportunities for the public;
                            (ii) will be carried out through a 
                        cooperative agreement among Federal, State, and 
                        local governments, Indian tribes, and private 
                        entities;
                            (iii) increases public access to land or 
                        water for fish and wildlife-dependent 
                        recreational opportunities;
                            (iv) advances the conservation of fish and 
                        wildlife species that have been identified by 
                        the States as species of greatest conservation 
                        need;
                            (v) where appropriate, advances the 
                        conservation of fish and fish habitats under 
                        the Magnuson-Stevens Fishery Conservation and 
                        Management Act (16 U.S.C. 1801 et seq.) and 
                        other relevant Federal law and State wildlife 
                        action plans; and
                            (vi) promotes strong and healthy fish 
                        habitats so that desired biological communities 
                        are able to persist and adapt.
                    (F) The substantiality of the character and design 
                of the fish habitat conservation project.
            (4) Limitations.--
                    (A) Requirements for evaluation.--No fish habitat 
                conservation project may be recommended by the Board 
                under paragraph (2) or provided financial assistance 
                under this section unless the fish habitat conservation 
                project includes an evaluation plan designed using 
                applicable Board guidance--
                            (i) to appropriately assess the biological, 
                        ecological, or other results of the habitat 
                        protection, restoration, or enhancement 
                        activities carried out using the assistance;
                            (ii) to reflect appropriate changes to the 
                        fish habitat conservation project if the 
                        assessment substantiates that the fish habitat 
                        conservation project objectives are not being 
                        met;
                            (iii) to identify improvements to existing 
                        fish populations, recreational fishing 
                        opportunities and the overall economic benefits 
                        for the local community of the fish habitat 
                        conservation project; and
                            (iv) to require the submission to the Board 
                        of a report describing the findings of the 
                        assessment.
                    (B) Acquisition authorities.--
                            (i) In general.--A State, local government, 
                        or other non-Federal entity is eligible to 
                        receive funds for the acquisition of real 
                        property from willing sellers under this 
                        section if the acquisition ensures 1 of--
                                    (I) public access for compatible 
                                fish and wildlife-dependent recreation; 
                                or
                                    (II) a scientifically based, direct 
                                enhancement to the health of fish and 
                                fish populations, as determined by the 
                                Board.
                            (ii) State agency approval.--
                                    (I) In general.--All real property 
                                interest acquisition projects funded 
                                under this section are required to be 
                                approved by the State agency in the 
                                State in which the project is 
                                occurring.
                                    (II) Prohibition.--The Board may 
                                not recommend, and the Secretary may 
                                not provide any funding for, any real 
                                property interest acquisition that has 
                                not been approved by the State agency.
                            (iii) Assessment of other authorities.--The 
                        Fish Habitat Partnership shall conduct a 
                        project assessment, submitted with the funding 
                        request and approved by the Board, to 
                        demonstrate all other Federal, State, and local 
                        authorities for the acquisition of real 
                        property have been exhausted.
                            (iv) Restrictions.--A real property 
                        interest may not be acquired pursuant to a fish 
                        habitat conservation project by a State, local 
                        government, or other non-Federal entity, 
                        unless--
                                    (I) the owner of the real property 
                                authorizes the State, local government, 
                                or other non-Federal entity to acquire 
                                the real property; and
                                    (II) the Secretary and the Board 
                                determine that the State, local 
                                government, or other non-Federal entity 
                                would benefit from undertaking the 
                                management of the real property being 
                                acquired because that is in accordance 
                                with the goals of a partnership.
            (5) Non-federal contributions.--
                    (A) In general.--Except as provided in subparagraph 
                (B), no fish habitat conservation project may be 
                recommended by the Board under paragraph (2) or 
                provided financial assistance under this section unless 
                at least 50 percent of the cost of the fish habitat 
                conservation project will be funded with non-Federal 
                funds.
                    (B) Non-federal share.--The non-Federal share of 
                the cost of a fish habitat conservation project--
                            (i) may not be derived from another Federal 
                        grant program; but
                            (ii) may include in-kind contributions and 
                        cash.
                    (C) Special rule for indian tribes.--
                Notwithstanding subparagraph (A) or any other provision 
                of law, any funds made available to an Indian tribe 
                pursuant to this section may be considered to be non-
                Federal funds for the purpose of subparagraph (A).
            (6) Approval.--
                    (A) In general.--Not later than 90 days after the 
                date of receipt of the recommended priority list of 
                fish habitat conservation projects under paragraph (2), 
                subject to the limitations of paragraph (4), and based, 
                to the maximum extent practicable, on the criteria 
                described in paragraph (3), the Secretary, after 
                consulting with the Secretary of Commerce on marine or 
                estuarine projects, shall approve or reject any fish 
                habitat conservation project recommended by the Board.
                    (B) Funding.--If the Secretary approves a fish 
                habitat conservation project under subparagraph (A), 
                the Secretary shall use amounts made available to carry 
                out this section to provide funds to carry out the fish 
                habitat conservation project.
                    (C) Notification.--If the Secretary rejects any 
                fish habitat conservation project recommended by the 
                Board under paragraph (2), not later than 180 days 
                after the date of receipt of the recommendation, the 
                Secretary shall provide to the Board, the appropriate 
                Partnership, and the appropriate congressional 
                committees a written statement of the reasons that the 
                Secretary rejected the fish habitat conservation 
                project.
    (g) Technical and Scientific Assistance.--
            (1) In general.--The Director, the NOAA Assistant 
        Administrator, the EPA Assistant Administrator, and the 
        Director of the United States Geological Survey, in 
        coordination with the Forest Service and other appropriate 
        Federal departments and agencies, may provide scientific and 
        technical assistance to the Partnerships, participants in fish 
        habitat conservation projects, and the Board.
            (2) Inclusions.--Scientific and technical assistance 
        provided pursuant to paragraph (1) may include--
                    (A) providing technical and scientific assistance 
                to States, Indian tribes, regions, local communities, 
                and nongovernmental organizations in the development 
                and implementation of Partnerships;
                    (B) providing technical and scientific assistance 
                to Partnerships for habitat assessment, strategic 
                planning, and prioritization;
                    (C) supporting the development and implementation 
                of fish habitat conservation projects that are 
                identified as high priorities by Partnerships and the 
                Board;
                    (D) supporting and providing recommendations 
                regarding the development of science-based monitoring 
                and assessment approaches for implementation through 
                Partnerships;
                    (E) supporting and providing recommendations for a 
                national fish habitat assessment;
                    (F) ensuring the availability of experts to assist 
                in conducting scientifically based evaluation and 
                reporting of the results of fish habitat conservation 
                projects; and
                    (G) providing resources to secure state agency 
                scientific and technical assistance to support 
                Partnerships, participants in fish habitat conservation 
                projects, and the Board.
    (h) Coordination With States and Indian Tribes.--The Secretary 
shall provide a notice to, and cooperate with, the appropriate State 
agency or tribal agency, as applicable, of each State and Indian tribe 
within the boundaries of which an activity is planned to be carried out 
pursuant to this section, including notification, by not later than 30 
days before the date on which the activity is implemented.
    (i) Interagency Operational Plan.--Not later than 1 year after the 
date of enactment of this Act, and every 5 years thereafter, the 
Director, in cooperation with the NOAA Assistant Administrator, the EPA 
Assistant Administrator, the Director of the United States Geological 
Survey, and the heads of other appropriate Federal departments and 
agencies (including at a minimum, those agencies represented on the 
Board) shall develop an interagency operational plan that describes--
            (1) the functional, operational, technical, scientific, and 
        general staff, administrative, and material needs for the 
        implementation of this section; and
            (2) any interagency agreements between or among Federal 
        departments and agencies to address those needs.
    (j) Accountability and Reporting.--
            (1) Reporting.--
                    (A) In general.--Not later than 5 years after the 
                date of enactment of this Act, and every 5 years 
                thereafter, the Board shall submit to the appropriate 
                congressional committees a report describing the 
                progress of this section.
                    (B) Contents.--Each report submitted under 
                subparagraph (A) shall include--
                            (i) an estimate of the number of acres, 
                        stream miles, or acre-feet, or other suitable 
                        measures of fish habitat, that was maintained 
                        or improved by partnerships of Federal, State, 
                        or local governments, Indian tribes, or other 
                        entities in the United States during the 5-year 
                        period ending on the date of submission of the 
                        report;
                            (ii) a description of the public access to 
                        fish habitats established or improved during 
                        that 5-year period;
                            (iii) a description of the improved 
                        opportunities for public recreational fishing; 
                        and
                            (iv) an assessment of the status of fish 
                        habitat conservation projects carried out with 
                        funds provided under this section during that 
                        period, disaggregated by year, including--
                                    (I) a description of the fish 
                                habitat conservation projects 
                                recommended by the Board under 
                                subsection (f)(2);
                                    (II) a description of each fish 
                                habitat conservation project approved 
                                by the Secretary under subsection 
                                (f)(6), in order of priority for 
                                funding;
                                    (III) a justification for--
                                            (aa) the approval of each 
                                        fish habitat conservation 
                                        project; and
                                            (bb) the order of priority 
                                        for funding of each fish 
                                        habitat conservation project;
                                    (IV) a justification for any 
                                rejection of a fish habitat 
                                conservation project recommended by the 
                                Board under subsection (f)(2) that was 
                                based on a factor other than the 
                                criteria described in subsection 
                                (f)(3); and
                                    (V) an accounting of expenditures 
                                by Federal, State, or local 
                                governments, Indian tribes, or other 
                                entities to carry out fish habitat 
                                conservation projects.
            (2) Status and trends report.--Not later than December 31, 
        2016, and every 5 years thereafter, the Board shall submit to 
        the appropriate congressional committees a report that 
        includes--
                    (A) a status of all Partnerships approved under 
                this section;
                    (B) a description of the status of fish habitats in 
                the United States as identified by established 
                Partnerships; and
                    (C) enhancements or reductions in public access as 
                a result of--
                            (i) the activities of the Partnerships; or
                            (ii) any other activities carried out 
                        pursuant to this section.
            (3) Revisions.--Not later than December 31, 2016, and every 
        5 years thereafter, the Board shall consider revising the goals 
        of the Board, after consideration of each report required by 
        paragraph (2).
    (k) Effect of Section.--
            (1) Water rights.--Nothing in this section--
                    (A) establishes any express or implied reserved 
                water right in the United States for any purpose;
                    (B) affects any water right in existence on the 
                date of enactment of this Act;
                    (C) preempts or affects any State water law or 
                interstate compact governing water; or
                    (D) affects any Federal or State law in existence 
                on the date of enactment of the Act regarding water 
                quality or water quantity.
            (2) Authority to acquire water rights or rights to 
        property.--Under this section, only a State, local government, 
        or other non-Federal entity may acquire, under State law, water 
        rights or rights to property.
            (3) State authority.--Nothing in this section--
                    (A) affects the authority, jurisdiction, or 
                responsibility of a State to manage, control, or 
                regulate fish and wildlife under the laws and 
                regulations of the State; or
                    (B) authorizes the Secretary to control or regulate 
                within a State the fishing or hunting of fish and 
                wildlife.
            (4) Effect on indian tribes.--Nothing in this section 
        abrogates, abridges, affects, modifies, supersedes, or alters 
        any right of an Indian tribe recognized by treaty or any other 
        means, including--
                    (A) an agreement between the Indian tribe and the 
                United States;
                    (B) Federal law (including regulations);
                    (C) an Executive order; or
                    (D) a judicial decree.
            (5) Adjudication of water rights.--Nothing in this section 
        diminishes or affects the ability of the Secretary to join an 
        adjudication of rights to the use of water pursuant to 
        subsection (a), (b), or (c) of section 208 of the Department of 
        Justice Appropriation Act, 1953 (43 U.S.C. 666).
            (6) Department of commerce authority.--Nothing in this 
        section affects the authority, jurisdiction, or responsibility 
        of the Department of Commerce to manage, control, or regulate 
        fish or fish habitats under the Magnuson-Stevens Fishery 
        Conservation and Management Act (16 U.S.C. 1801 et seq.).
            (7) Effect on other authorities.--
                    (A) Private property protection.--Nothing in this 
                section permits the use of funds made available to 
                carry out this section to acquire real property or a 
                real property interest without the written consent of 
                each owner of the real property or real property 
                interest.
                    (B) Mitigation.--Nothing in this section permits 
                the use of funds made available to carry out this 
                section for fish and wildlife mitigation purposes 
                under--
                            (i) the Federal Water Pollution Control Act 
                        (33 U.S.C. 1251 et seq.);
                            (ii) the Fish and Wildlife Coordination Act 
                        (16 U.S.C. 661 et seq.);
                            (iii) the Water Resources Development Act 
                        of 1986 (Public Law 99-662; 100 Stat. 4082); or
                            (iv) any other Federal law or court 
                        settlement.
                    (C) Clean water act.--Nothing in this section 
                affects any provision of the Federal Water Pollution 
                Control Act (33 U.S.C. 1251 et seq.), including any 
                definition in that Act.
    (l) Nonapplicability of Federal Advisory Committee Act.--The 
Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to--
            (1) the Board; or
            (2) any Partnership.
    (m) Funding.--
            (1) Authorization of appropriations.--
                    (A) Fish habitat conservation projects.--There is 
                authorized to be appropriated to the Secretary 
                $7,200,000 for each of fiscal years 2016 through 2021 
                to provide funds for fish habitat conservation projects 
                approved under subsection (f)(6), of which 5 percent 
                shall be made available for each fiscal year for 
                projects carried out by Indian tribes.
                    (B) Administrative and planning expenses.--There is 
                authorized to be appropriated to the Secretary for each 
                of fiscal years 2016 through 2021 an amount equal to 5 
                percent of the amount appropriated for the applicable 
                fiscal year pursuant to subparagraph (A)--
                            (i) for administrative and planning 
                        expenses; and
                            (ii) to carry out subsection (j).
                    (C) Technical and scientific assistance.--There is 
                authorized to be appropriated for each of fiscal years 
                2016 through 2021 to carry out, and provide technical 
                and scientific assistance under, subsection (g)--
                            (i) $500,000 to the Secretary for use by 
                        the United States Fish and Wildlife Service;
                            (ii) $500,000 to the NOAA Assistant 
                        Administrator for use by the National Oceanic 
                        and Atmospheric Administration;
                            (iii) $500,000 to the EPA Assistant 
                        Administrator for use by the Environmental 
                        Protection Agency; and
                            (iv) $500,000 to the Secretary for use by 
                        the United States Geological Survey.
            (2) Agreements and grants.--The Secretary may--
                    (A) on the recommendation of the Board, and 
                notwithstanding sections 6304 and 6305 of title 31, 
                United States Code, and the Federal Financial 
                Assistance Management Improvement Act of 1999 (31 
                U.S.C. 6101 note; Public Law 106-107), enter into a 
                grant agreement, cooperative agreement, or contract 
                with a Partnership or other entity for a fish habitat 
                conservation project or restoration or enhancement 
                project;
                    (B) apply for, accept, and use a grant from any 
                individual or entity to carry out the purposes of this 
                section; and
                    (C) make funds available to any Federal department 
                or agency for use by that department or agency to 
                provide grants for any fish habitat protection project, 
                restoration project, or enhancement project that the 
                Secretary determines to be consistent with this 
                section.
            (3) Donations.--
                    (A) In general.--The Secretary may--
                            (i) enter into an agreement with any 
                        organization described in section 501(c)(3) of 
                        the Internal Revenue Code of 1986 that is 
                        exempt from taxation under section 501(a) of 
                        that Code to solicit private donations to carry 
                        out the purposes of this section; and
                            (ii) accept donations of funds, property, 
                        and services to carry out the purposes of this 
                        section.
                    (B) Treatment.--A donation accepted under this 
                section--
                            (i) shall be considered to be a gift or 
                        bequest to, or otherwise for the use of, the 
                        United States; and
                            (ii) may be--
                                    (I) used directly by the Secretary; 
                                or
                                    (II) provided to another Federal 
                                department or agency through an 
                                interagency agreement.

SEC. 10254. GULF STATES MARINE FISHERIES COMMISSION REPORT ON GULF OF 
              MEXICO OUTER CONTINENTAL SHELF STATE BOUNDARY EXTENSION.

    (a) Report on Resource Management Outcomes.--Not later than March 
1, 2017, the Gulf States Marine Fisheries Commission shall submit to 
the Committee on Commerce, Science, and Transportation of the Senate 
and the Committees on Natural Resources and Transportation and 
Infrastructure of the House of Representatives a report on the 
economic, conservation and management, and law enforcement impacts of 
the implementation of section 110 of division B of the Consolidated 
Appropriations Act, 2016 (Public Law 114-113).
    (b) Information Required.--The report required under subsection (a) 
shall include a detailed accounting of how the implementation of 
section 110 of division B of the Consolidated Appropriations Act, 2016 
(Public Law 114-113) has affected--
            (1) the economies of the States of Alabama, Florida, 
        Louisiana, Mississippi, and Texas;
            (2) the sustained participation of fishing communities;
            (3) conservation and management of living resources under 
        all applicable Federal laws;
            (4) enforcement of Federal maritime laws; and
            (5) the ability of the governments of the States described 
        in paragraph (1) to effectively manage activities pursuant to 
        the fishery management plan for reef fish resources of the Gulf 
        of Mexico.
    (c) Funding.--
            (1) In general.--Subject to the availability of 
        appropriations, the Secretary of Commerce shall make available 
        to the Gulf States Marine Fisheries Commission $500,000 to 
        carry out the report required under subsection (a).
            (2) Subsequent appropriations.--Amounts made available 
        under paragraph (1) shall be available only to the extent 
        specifically provided for in advance in subsequent 
        appropriations Acts.

SEC. 10255. GAO REPORT ON GULF OF MEXICO OUTER CONTINENTAL SHELF STATE 
              BOUNDARY EXTENSION.

    (a) Report on Resource Management Outcomes.--Not later than March 
1, 2017, the Comptroller General of the United States shall submit to 
the Committee on Commerce, Science, and Transportation of the Senate 
and the Committee on Natural Resources and the Committee on 
Transportation and Infrastructure of the House of Representatives a 
report on the economic, conservation and management, and law 
enforcement impacts of section 110 of division B of the Consolidated 
Appropriations Act, 2016 (Public Law 114-113).
    (b) Information Required.--The report required by subsection (a) 
shall include a detailed accounting of how section 110 of division B of 
the Consolidated Appropriations Act, 2016 (Public Law 114-113) has 
affected--
            (1) the economies of Alabama, Florida, Louisiana, 
        Mississippi, and Texas;
            (2) the sustained participation of fishing communities;
            (3) conservation and management of living resources under 
        all applicable Federal laws;
            (4) enforcement of Federal maritime laws; and
            (5) the ability of the governments of Alabama, Florida, 
        Louisiana, Mississippi, and Texas to effectively manage 
        activities pursuant to the fishery management plan for reef 
        fish resources of the Gulf of Mexico.

                        PART VII--MISCELLANEOUS

SEC. 10261. RESPECT FOR TREATIES AND RIGHTS.

    Nothing in this subtitle or the amendments made by this subtitle--
            (1) affects or modifies any treaty or other right of any 
        federally recognized Indian tribe; or
            (2) modifies any provision of Federal law relating to 
        migratory birds or to endangered or threatened species.

SEC. 10262. NO PRIORITY.

    Nothing in this subtitle or the amendments made by this subtitle 
provides a preference to hunting, fishing, or recreational shooting 
over any other use of Federal land or water.

          Subtitle D--Water Infrastructure and Related Matters

                      PART I--FONTENELLE RESERVOIR

SEC. 10301. AUTHORITY TO MAKE ENTIRE ACTIVE CAPACITY OF FONTENELLE 
              RESERVOIR AVAILABLE FOR USE.

    (a) In General.--The Secretary of the Interior, in cooperation with 
the State of Wyoming, may amend the Definite Plan Report for the 
Seedskadee Project authorized under the first section of the Act of 
April 11, 1956 (commonly known as the ``Colorado River Storage Project 
Act'') (43 U.S.C. 620), to provide for the study, design, planning, and 
construction activities that will enable the use of all active storage 
capacity (as may be defined or limited by legal, hydrologic, 
structural, engineering, economic, and environmental considerations) of 
Fontenelle Dam and Reservoir, including the placement of sufficient 
riprap on the upstream face of Fontenelle Dam to allow the active 
storage capacity of Fontenelle Reservoir to be used for those purposes 
for which the Seedskadee Project was authorized.
    (b) Cooperative Agreements.--
            (1) In general.--The Secretary of the Interior may enter 
        into any contract, grant, cooperative agreement, or other 
        agreement that is necessary to carry out subsection (a).
            (2) State of wyoming.--
                    (A) In general.--The Secretary of the Interior 
                shall enter into a cooperative agreement with the State 
                of Wyoming to work in cooperation and collaboratively 
                with the State of Wyoming for planning, design, related 
                preconstruction activities, and construction of any 
                modification of the Fontenelle Dam under subsection 
                (a).
                    (B) Requirements.--The cooperative agreement under 
                subparagraph (A) shall, at a minimum, specify the 
                responsibilities of the Secretary of the Interior and 
                the State of Wyoming with respect to--
                            (i) completing the planning and final 
                        design of the modification of the Fontenelle 
                        Dam under subsection (a);
                            (ii) any environmental and cultural 
                        resource compliance activities required for the 
                        modification of the Fontenelle Dam under 
                        subsection (a) including compliance with--
                                    (I) the National Environmental 
                                Policy Act of 1969 (42 U.S.C. 4321 et 
                                seq.);
                                    (II) the Endangered Species Act of 
                                1973 (16 U.S.C. 1531 et seq.); and
                                    (III) subdivision 2 of division A 
                                of subtitle III of title 54, United 
                                States Code; and
                            (iii) the construction of the modification 
                        of the Fontenelle Dam under subsection (a).
    (c) Funding by State of Wyoming.--Pursuant to the Act of March 4, 
1921 (41 Stat. 1404, chapter 161; 43 U.S.C. 395), and as a condition of 
providing any additional storage under subsection (a), the State of 
Wyoming shall provide to the Secretary of the Interior funds for any 
work carried out under subsection (a).
    (d) Other Contracting Authority.--
            (1) In general.--The Secretary of the Interior may enter 
        into contracts with the State of Wyoming, on such terms and 
        conditions as the Secretary of the Interior and the State of 
        Wyoming may agree, for division of any additional active 
        capacity made available under subsection (a).
            (2) Terms and conditions.--Unless otherwise agreed to by 
        the Secretary of the Interior and the State of Wyoming, a 
        contract entered into under paragraph (1) shall be subject to 
        the terms and conditions of Bureau of Reclamation Contract No. 
        14-06-400-2474 and Bureau of Reclamation Contract No. 14-06-
        400-6193.

SEC. 10302. SAVINGS PROVISIONS.

    Unless expressly provided in this part, nothing in this part 
modifies, conflicts with, preempts, or otherwise affects--
            (1) the Act of December 31, 1928 (43 U.S.C. 617 et seq.) 
        (commonly known as the ``Boulder Canyon Project Act'');
            (2) the Colorado River Compact of 1922, as approved by the 
        Presidential Proclamation of June 25, 1929 (46 Stat. 3000);
            (3) the Act of July 19, 1940 (43 U.S.C. 618 et seq.) 
        (commonly known as the ``Boulder Canyon Project Adjustment 
        Act'');
            (4) the Treaty between the United States of America and 
        Mexico relating to the utilization of waters of the Colorado 
        and Tijuana Rivers and of the Rio Grande, and supplementary 
        protocol signed November 14, 1944, signed at Washington 
        February 3, 1944 (59 Stat. 1219);
            (5) the Upper Colorado River Basin Compact as consented to 
        by the Act of April 6, 1949 (63 Stat. 31);
            (6) the Act of April 11, 1956 (commonly known as the 
        ``Colorado River Storage Project Act'') (43 U.S.C. 620 et 
        seq.);
            (7) the Colorado River Basin Project Act (Public Law 90-
        537; 82 Stat. 885); or
            (8) any State of Wyoming or other State water law.

              PART II--BUREAU OF RECLAMATION TRANSPARENCY

SEC. 10311. DEFINITIONS.

    In this part:
            (1) Asset.--
                    (A) In general.--The term ``asset'' means any of 
                the following assets that are used to achieve the 
                mission of the Bureau of Reclamation to manage, 
                develop, and protect water and related resources in an 
                environmentally and economically sound manner in the 
                interest of the people of the United States:
                            (i) Capitalized facilities, buildings, 
                        structures, project features, power production 
                        equipment, recreation facilities, or quarters.
                            (ii) Capitalized and noncapitalized heavy 
                        equipment and other installed equipment.
                    (B) Inclusions.--The term ``asset'' includes assets 
                described in subparagraph (A) that are considered to be 
                mission critical.
            (2) Asset management report.--The term ``Asset Management 
        Report'' means--
                    (A) the annual plan prepared by the Bureau of 
                Reclamation known as the ``Asset Management Plan''; and
                    (B) any publicly available information relating to 
                the plan described in subparagraph (A) that summarizes 
                the efforts of the Bureau of Reclamation to evaluate 
                and manage infrastructure assets of the Bureau of 
                Reclamation.
            (3) Major repair and rehabilitation need.--The term ``major 
        repair and rehabilitation need'' means major nonrecurring 
        maintenance at a Reclamation facility, including maintenance 
        related to the safety of dams, extraordinary maintenance of 
        dams, deferred major maintenance activities, and all other 
        significant repairs and extraordinary maintenance.
            (4) Reclamation facility.--The term ``Reclamation 
        facility'' means each of the infrastructure assets that are 
        owned by the Bureau of Reclamation at a Reclamation project.
            (5) Reclamation project.--The term ``Reclamation project'' 
        means a project that is owned by the Bureau of Reclamation, 
        including all reserved works and transferred works owned by the 
        Bureau of Reclamation.
            (6) Reserved works.--The term ``reserved works'' means 
        buildings, structures, facilities, or equipment that are owned 
        by the Bureau of Reclamation for which operations and 
        maintenance are performed by employees of the Bureau of 
        Reclamation or through a contract entered into by the Bureau of 
        Reclamation, regardless of the source of funding for the 
        operations and maintenance.
            (7) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (8) Transferred works.--The term ``transferred works'' 
        means a Reclamation facility at which operations and 
        maintenance of the facility is carried out by a non-Federal 
        entity under the provisions of a formal operations and 
        maintenance transfer contract or other legal agreement with the 
        Bureau of Reclamation.

SEC. 10312. ASSET MANAGEMENT REPORT ENHANCEMENTS FOR RESERVED WORKS.

    (a) In General.--Not later than 2 years after the date of enactment 
of this Act, the Secretary shall submit to Congress an Asset Management 
Report that--
            (1) describes the efforts of the Bureau of Reclamation--
                    (A) to maintain in a reliable manner all reserved 
                works at Reclamation facilities; and
                    (B) to standardize and streamline data reporting 
                and processes across regions and areas for the purpose 
                of maintaining reserved works at Reclamation 
                facilities; and
            (2) expands on the information otherwise provided in an 
        Asset Management Report, in accordance with subsection (b).
    (b) Infrastructure Maintenance Needs Assessment.--
            (1) In general.--The Asset Management Report submitted 
        under subsection (a) shall include--
                    (A) a detailed assessment of major repair and 
                rehabilitation needs for all reserved works at all 
                Reclamation projects; and
                    (B) to the extent practicable, an itemized list of 
                major repair and rehabilitation needs of individual 
                Reclamation facilities at each Reclamation project.
            (2) Inclusions.--To the extent practicable, the itemized 
        list of major repair and rehabilitation needs under paragraph 
        (1)(B) shall include--
                    (A) a budget level cost estimate of the 
                appropriations needed to complete each item; and
                    (B) an assignment of a categorical rating for each 
                item, consistent with paragraph (3).
            (3) Rating requirements.--
                    (A) In general.--The system for assigning ratings 
                under paragraph (2)(B) shall be--
                            (i) consistent with existing uniform 
                        categorization systems to inform the annual 
                        budget process and agency requirements; and
                            (ii) subject to the guidance and 
                        instructions issued under subparagraph (B).
                    (B) Guidance.--As soon as practicable after the 
                date of enactment of this Act, the Secretary shall 
                issue guidance that describes the applicability of the 
                rating system applicable under paragraph (2)(B) to 
                Reclamation facilities.
            (4) Public availability.--Except as provided in paragraph 
        (5), the Secretary shall make publicly available, including on 
        the Internet, the Asset Management Report required under 
        subsection (a).
            (5) Confidentiality.--The Secretary may exclude from the 
        public version of the Asset Management Report made available 
        under paragraph (4) any information that the Secretary 
        identifies as sensitive or classified, but shall make available 
        to the Committee on Energy and Natural Resources of the Senate 
        and the Committee on Natural Resources of the House of 
        Representatives a version of the report containing the 
        sensitive or classified information.
    (c) Updates.--Not later than 2 years after the date on which the 
Asset Management Report is submitted under subsection (a) and 
biennially thereafter, the Secretary shall update the Asset Management 
Report, subject to the requirements of section 6313(b)(2).
    (d) Consultation.--To the extent that such consultation would 
assist the Secretary in preparing the Asset Management Report under 
subsection (a) and updates to the Asset Management Report under 
subsection (c), the Secretary shall consult with--
            (1) the Secretary of the Army (acting through the Chief of 
        Engineers); and
            (2) water and power contractors.

SEC. 10313. ASSET MANAGEMENT REPORT ENHANCEMENTS FOR TRANSFERRED WORKS.

    (a) In General.--The Secretary shall coordinate with the non-
Federal entities responsible for the operation and maintenance of 
transferred works in developing reporting requirements for Asset 
Management Reports with respect to major repair and rehabilitation 
needs for transferred works that are similar to the reporting 
requirements described in section 6312(b).
    (b) Guidance.--
            (1) In general.--After considering input from water and 
        power contractors of the Bureau of Reclamation, the Secretary 
        shall develop and implement a rating system for transferred 
        works that incorporates, to the maximum extent practicable, the 
        rating system for major repair and rehabilitation needs for 
        reserved works developed under section 6312(b)(3).
            (2) Updates.--The ratings system developed under paragraph 
        (1) shall be included in the updated Asset Management Reports 
        under section 6312(c).

SEC. 10314. OFFSET.

    Notwithstanding any other provision of law, in the case of the 
project authorized by section 1617 of the Reclamation Projects 
Authorization and Adjustment Act of 1992 (43 U.S.C. 390h-12c), the 
maximum amount of the Federal share of the cost of the project under 
section 1631(d)(1) of that Act (43 U.S.C. 390h-13(d)(1)) otherwise 
available as of the date of enactment of this Act shall be reduced by 
$2,000,000.

                    PART III--BASIN WATER MANAGEMENT

            Subpart A--Yakima River Basin Water Enhancement

SEC. 10321. SHORT TITLE.

    This subpart may be cited as the ``Yakima River Basin Water 
Enhancement Project Phase III Act of 2016''.

SEC. 10322. MODIFICATION OF TERMS, PURPOSES, AND DEFINITIONS.

    (a) Modification of Terms.--Title XII of Public Law 103-434 (108 
Stat. 4550) is amended--
            (1) by striking ``Yakama Indian'' each place it appears 
        (except section 1204(g)) and inserting ``Yakama''; and
            (2) by striking ``Superintendent'' each place it appears 
        and inserting ``Manager''.
    (b) Modification of Purposes.--Section 1201 of Public Law 103-434 
(108 Stat. 4550) is amended--
            (1) by striking paragraph (1) and inserting the following:
            ``(1) to protect, mitigate, and enhance fish and wildlife 
        and the recovery and maintenance of self-sustaining harvestable 
        populations of fish and other aquatic life, both anadromous and 
        resident species, throughout their historic distribution range 
        in the Yakima Basin through--
                    ``(A) improved water management and the 
                constructions of fish passage at storage and diversion 
                dams, as authorized under the Hoover Power Plant Act of 
                1984 (43 U.S.C. 619 et seq.);
                    ``(B) improved instream flows and water supplies;
                    ``(C) improved water quality, watershed, and 
                ecosystem function;
                    ``(D) protection, creation, and enhancement of 
                wetlands; and
                    ``(E) other appropriate means of habitat 
                improvement;'';
            (2) in paragraph (2), by inserting ``, municipal, 
        industrial, and domestic water supply and use purposes, 
        especially during drought years, including reducing the 
        frequency and severity of water supply shortages for pro-
        ratable irrigation entities'' before the semicolon at the end;
            (3) by striking paragraph (4);
            (4) by redesignating paragraph (3) as paragraph (4);
            (5) by inserting after paragraph (2) the following:
            ``(3) to authorize the Secretary to make water available 
        for purchase or lease for meeting municipal, industrial, and 
        domestic water supply purposes;'';
            (6) by redesignating paragraphs (5) and (6) as paragraphs 
        (6) and (8), respectively;
            (7) by inserting after paragraph (4) (as so redesignated) 
        the following:
            ``(5) to realize sufficient water savings from implementing 
        the Yakima River Basin Integrated Water Resource Management 
        Plan, so that not less than 85,000 acre feet of water savings 
        are achieved by implementing the first phase of the Integrated 
        Plan pursuant to section 1213(a), in addition to the 165,000 
        acre feet of water savings targeted through the Basin 
        Conservation Program, as authorized on October 31, 1994;'';
            (8) in paragraph (6) (as so redesignated)--
                    (A) by inserting ``an increase in'' before 
                ``voluntary''; and
                    (B) by striking ``and'' at the end;
            (9) by inserting after paragraph (6) (as so redesignated) 
        the following:
            ``(7) to encourage an increase in the use of, and reduce 
        the barriers to, water transfers, leasing, markets, and other 
        voluntary transactions among public and private entities to 
        enhance water management in the Yakima River basin;'';
            (10) in paragraph (8) (as redesignated by paragraph (6)), 
        by striking the period at the end and inserting a semicolon; 
        and
            (11) by adding at the end the following:
            ``(9) to improve the resilience of the ecosystems, 
        economies, and communities in the Basin as they face drought, 
        hydrologic changes, and other related changes and variability 
        in natural and human systems, for the benefit of both the 
        people and the fish and wildlife of the region; and
            ``(10) to authorize and implement the Yakima River Basin 
        Integrated Water Resource Management Plan as Phase III of the 
        Yakima River Basin Water Enhancement Project, as a balanced and 
        cost-effective approach to maximize benefits to the communities 
        and environment in the Basin.''.
    (c) Modification of Definitions.--Section 1202 of Public Law 103-
434 (108 Stat. 4550) is amended--
            (1) by redesignating paragraphs (6), (7), (8), (9), (10), 
        (11), (12), (13), and (14) as paragraphs (8), (10), (11), (13), 
        (14), (15), (16), (18), and (19), respectively;
            (2) by inserting after paragraph (5) the following:
            ``(6) Designated federal official.--The term `designated 
        Federal official' means the Commissioner of Reclamation (or a 
        designee), acting pursuant to the charter of the Conservation 
        Advisory Group.
            ``(7) Integrated plan.--The terms `Integrated Plan' and 
        `Yakima River Basin Integrated Water Resource Plan' mean the 
        plan and activities authorized by the Yakima River Basin Water 
        Enhancement Project Phase III Act of 2016 and the amendments 
        made by that subpart, to be carried out in cooperation with and 
        in addition to activities of the State of Washington and Yakama 
        Nation.'';
            (3) by inserting after paragraph (8) (as redesignated by 
        paragraph (1)) the following:
            ``(9) Municipal, industrial, and domestic water supply and 
        use.--The term `municipal, industrial, and domestic water 
        supply and use' means the supply and use of water for--
                    ``(A) domestic consumption (whether urban or 
                rural);
                    ``(B) maintenance and protection of public health 
                and safety;
                    ``(C) manufacture, fabrication, processing, 
                assembly, or other production of a good or commodity;
                    ``(D) production of energy;
                    ``(E) fish hatcheries; or
                    ``(F) water conservation activities relating to a 
                use described in subparagraphs (A) through (E).'';
            (4) by inserting after paragraph (11) (as redesignated by 
        paragraph (1)) the following:
            ``(12) Proratable irrigation entity.--The term `proratable 
        irrigation entity' means a district, project, or State-
        recognized authority, board of control, agency, or entity 
        located in the Yakima River basin that--
                    ``(A) manages and delivers irrigation water to 
                farms in the basin; and
                    ``(B) possesses, or the members of which possess, 
                water rights that are proratable during periods of 
                water shortage.''; and
            (5) by inserting after paragraph (16) (as redesignated by 
        paragraph (1)) the following:
            ``(17) Yakima enhancement project; yakima river basin water 
        enhancement project.--The terms `Yakima Enhancement Project' 
        and `Yakima River Basin Water Enhancement Project' mean the 
        Yakima River basin water enhancement project authorized by 
        Congress pursuant to this Act and other Acts (including Public 
        Law 96-162 (93 Stat. 1241), section 109 of Public Law 98-381 
        (16 U.S.C. 839b note; 98 Stat. 1340), Public Law 105-62 (111 
        Stat. 1320), and Public Law 106-372 (114 Stat. 1425)) to 
        promote water conservation, water supply, habitat, and stream 
        enhancement improvements in the Yakima River basin.''.

SEC. 10323. YAKIMA RIVER BASIN WATER CONSERVATION PROGRAM.

    Section 1203 of Public Law 103-434 (108 Stat. 4551) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1)--
                            (i) in the second sentence, by striking 
                        ``title'' and inserting ``section''; and
                            (ii) in the third sentence, by striking 
                        ``within 5 years of the date of enactment of 
                        this Act''; and
                    (B) in paragraph (2), by striking ``irrigation'' 
                and inserting ``the number of irrigated acres'';
            (2) in subsection (c)--
                    (A) in paragraph (2)--
                            (i) in each of subparagraphs (A) through 
                        (D), by striking the comma at the end and 
                        inserting a semicolon;
                            (ii) in subparagraph (E), by striking the 
                        comma at the end and inserting ``; and'';
                            (iii) in subparagraph (F), by striking 
                        ``Department of Wildlife of the State of 
                        Washington, and'' and inserting ``Department of 
                        Fish and Wildlife of the State of 
                        Washington.''; and
                            (iv) by striking subparagraph (G);
                    (B) in paragraph (3)--
                            (i) in each of subparagraphs (A) through 
                        (C), by striking the comma at the end and 
                        inserting a semicolon;
                            (ii) in subparagraph (D), by striking ``, 
                        and'' and inserting a semicolon;
                            (iii) in subparagraph (E), by striking the 
                        period at the end and inserting ``; and''; and
                            (iv) by adding at the end the following:
                    ``(F) provide recommendations to advance the 
                purposes and programs of the Yakima Enhancement 
                Project, including the Integrated Plan.''; and
                    (C) by striking paragraph (4) and inserting the 
                following:
            ``(4) Authority of designated federal official.--The 
        designated Federal official may--
                    ``(A) arrange and provide logistical support for 
                meetings of the Conservation Advisory Group;
                    ``(B) use a facilitator to serve as a moderator for 
                meetings of the Conservation Advisory Group or provide 
                additional logistical support; and
                    ``(C) grant any request for a facilitator by any 
                member of the Conservation Advisory Group.'';
            (3) in subsection (d), by adding at the end the following:
            ``(4) Payment of local share by state or federal 
        government.--
                    ``(A) In general.--The State or the Federal 
                Government may fund not more than the 17.5 percent 
                local share of the costs of the Basin Conservation 
                Program in exchange for the long-term use of conserved 
                water, subject to the requirement that the funding by 
                the Federal Government of the local share of the costs 
                shall provide a quantifiable public benefit in meeting 
                Federal responsibilities in the Basin and the purposes 
                of this title.
                    ``(B) Use of conserved water.--The Yakima Project 
                Manager may use water resulting from conservation 
                measures taken under this title, in addition to water 
                that the Bureau of Reclamation may acquire from any 
                willing seller through purchase, donation, or lease, 
                for water management uses pursuant to this title.'';
            (4) in subsection (e), by striking the first sentence and 
        inserting the following: ``To participate in the Basin 
        Conservation Program, as described in subsection (b), an entity 
        shall submit to the Secretary a proposed water conservation 
        plan.'';
            (5) in subsection (i)(3)--
                    (A) by striking ``purchase or lease'' each place it 
                appears and inserting ``purchase, lease, or 
                management''; and
                    (B) in the third sentence, by striking ``made 
                immediately upon availability'' and all that follows 
                through ``Committee'' and inserting ``continued as 
                needed to provide water to be used by the Yakima 
                Project Manager as recommended by the System Operations 
                Advisory Committee and the Conservation Advisory 
                Group''; and
            (6) in subsection (j)(4), in the first sentence, by 
        striking ``initial acquisition'' and all that follows through 
        ``flushing flows'' and inserting ``acquisition of water from 
        willing sellers or lessors specifically to provide improved 
        instream flows for anadromous and resident fish and other 
        aquatic life, including pulse flows to facilitate outward 
        migration of anadromous fish''.

SEC. 10324. YAKIMA BASIN WATER PROJECTS, OPERATIONS, AND 
              AUTHORIZATIONS.

    (a) Yakama Nation Projects.--Section 1204 of Public Law 103-434 
(108 Stat. 4555) is amended--
            (1) in subsection (a)(2), in the first sentence, by 
        striking ``not more than $23,000,000'' and inserting ``not more 
        than $100,000,000''; and
            (2) in subsection (g)--
                    (A) by striking the subsection heading and 
                inserting ``Redesignation of Yakama Indian Nation to 
                Yakama Nation.--'';
                    (B) by striking paragraph (1) and inserting the 
                following:
            ``(1) Redesignation.--The Confederated Tribes and Bands of 
        the Yakama Indian Nation shall be known and designated as the 
        `Confederated Tribes and Bands of the Yakama Nation'.''; and
                    (C) in paragraph (2), by striking ``deemed to be a 
                reference to the `Confederated Tribes and Bands of the 
                Yakama Indian Nation'.'' and inserting ``deemed to be a 
                reference to the `Confederated Tribes and Bands of the 
                Yakama Nation'.''.
    (b) Operation of Yakima Basin Projects.--Section 1205 of Public Law 
103-434 (108 Stat. 4557) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (4)--
                            (i) in subparagraph (A)--
                                    (I) in clause (i)--
                                            (aa) by inserting 
                                        ``additional'' after 
                                        ``secure'';
                                            (bb) by striking 
                                        ``flushing'' and inserting 
                                        ``pulse''; and
                                            (cc) by striking ``uses'' 
                                        and inserting ``uses, in 
                                        addition to the quantity of 
                                        water provided under the treaty 
                                        between the Yakama Nation and 
                                        the United States'';
                                    (II) by striking clause (ii);
                                    (III) by redesignating clause (iii) 
                                as clause (ii); and
                                    (IV) in clause (ii) (as so 
                                redesignated) by inserting ``and water 
                                rights mandated'' after ``goals''; and
                            (ii) in subparagraph (B)(i), in the first 
                        sentence, by inserting ``in proportion to the 
                        funding received'' after ``Program'';
            (2) in subsection (b) (as amended by section 6322(a)(2)), 
        in the second sentence, by striking ``instream flows for use by 
        the Yakima Project Manager as flushing flows or as otherwise'' 
        and inserting ``fishery purposes, as''; and
            (3) in subsection (e), by striking paragraph (1) and 
        inserting the following:
            ``(1) In general.--Additional purposes of the Yakima 
        Project shall be any of the following:
                    ``(A) To recover and maintain self-sustaining 
                harvestable populations of native fish, both anadromous 
                and resident species, throughout their historic 
                distribution range in the Yakima Basin.
                    ``(B) To protect, mitigate, and enhance aquatic 
                life and wildlife.
                    ``(C) Recreation.
                    ``(D) Municipal, industrial, and domestic use.''.
    (c) Lake Cle Elum Authorization of Appropriations.--Section 
1206(a)(1) of Public Law 103-434 (108 Stat. 4560), is amended, in the 
matter preceding subparagraph (A), by striking ``at September'' and all 
that follows through ``to--'' and inserting ``not more than $12,000,000 
to--''.
    (d) Enhancement of Water Supplies for Yakima Basin Tributaries.--
Section 1207 of Public Law 103-434 (108 Stat. 4560) is amended--
            (1) in the heading, by striking ``supplies'' and inserting 
        ``management'';
            (2) in subsection (a)--
                    (A) in the matter preceding paragraph (1), by 
                striking ``supplies'' and inserting ``management'';
                    (B) in paragraph (1), by inserting ``and water 
                supply entities'' after ``owners''; and
                    (C) in paragraph (2)--
                            (i) in subparagraph (A), by inserting 
                        ``that choose not to participate or opt out of 
                        tributary enhancement projects pursuant to this 
                        section'' after ``water right owners''; and
                            (ii) in subparagraph (B), by inserting 
                        ``nonparticipating'' before ``tributary water 
                        users'';
            (3) in subsection (b)--
                    (A) in paragraph (1)--
                            (i) by striking the paragraph designation 
                        and all that follows through ``(but not limited 
                        to)--'' and inserting the following:
            ``(1) In general.--The Secretary, following consultation 
        with the State of Washington, tributary water right owners, and 
        the Yakama Nation, and on agreement of appropriate water right 
        owners, is authorized to conduct studies to evaluate measures 
        to further Yakima Project purposes on tributaries to the Yakima 
        River. Enhancement programs that use measures authorized by 
        this subsection may be investigated and implemented by the 
        Secretary in tributaries to the Yakima River, including Taneum 
        Creek, other areas, or tributary basins that currently or could 
        potentially be provided supplemental or transfer water by 
        entities, such as the Kittitas Reclamation District or the 
        Yakima-Tieton Irrigation District, subject to the condition 
        that activities may commence on completion of applicable and 
        required feasibility studies, environmental reviews, and cost-
        benefit analyses that include favorable recommendations for 
        further project development, as appropriate. Measures to 
        evaluate include--'';
                            (ii) by indenting subparagraphs (A) through 
                        (F) appropriately;
                            (iii) in subparagraph (A), by inserting 
                        before the semicolon at the end the following: 
                        ``, including irrigation efficiency 
                        improvements (in coordination with programs of 
                        the Department of Agriculture), consolidation 
                        of diversions or administration, and diversion 
                        scheduling or coordination'';
                            (iv) by redesignating subparagraphs (C) 
                        through (F) as subparagraphs (E) through (H), 
                        respectively;
                            (v) by inserting after subparagraph (B) the 
                        following:
                    ``(C) improvements in irrigation system management 
                or delivery facilities within the Yakima River basin 
                when those improvements allow for increased irrigation 
                system conveyance and corresponding reduction in 
                diversion from tributaries or flow enhancements to 
                tributaries through direct flow supplementation or 
                groundwater recharge;
                    ``(D) improvements of irrigation system management 
                or delivery facilities to reduce or eliminate 
                excessively high flows caused by the use of natural 
                streams for conveyance or irrigation water or return 
                water;'';
                            (vi) in subparagraph (E) (as redesignated 
                        by clause (iv)), by striking ``ground water'' 
                        and inserting ``groundwater recharge and'';
                            (vii) in subparagraph (G) (as redesignated 
                        by clause (iv)), by inserting ``or transfer'' 
                        after ``purchase''; and
                            (viii) in subparagraph (H) (as redesignated 
                        by clause (iv)), by inserting ``stream 
                        processes and'' before ``stream habitats'';
                    (B) in paragraph (2)--
                            (i) in the matter preceding subparagraph 
                        (A), by striking ``the Taneum Creek study'' and 
                        inserting ``studies under this subsection'';
                            (ii) in subparagraph (B)--
                                    (I) by striking ``and economic'' 
                                and inserting ``, infrastructure, 
                                economic, and land use''; and
                                    (II) by striking ``and'' at the 
                                end;
                            (iii) in subparagraph (C), by striking the 
                        period at the end and inserting ``; and''; and
                            (iv) by adding at the end the following:
                    ``(D) any related studies already underway or 
                undertaken.''; and
                    (C) in paragraph (3), in the first sentence, by 
                inserting ``of each tributary or group of tributaries'' 
                after ``study'';
            (4) in subsection (c)--
                    (A) in the heading, by inserting ``and nonsurface 
                storage'' after ``nonstorage''; and
                    (B) in the matter preceding paragraph (1), by 
                inserting ``and nonsurface storage'' after 
                ``nonstorage'';
            (5) by striking subsection (d);
            (6) by redesignating subsection (e) as subsection (d); and
            (7) in paragraph (2) of subsection (d) (as so 
        redesignated)--
                    (A) in the first sentence--
                            (i) by inserting ``and implementation'' 
                        after ``investigation'';
                            (ii) by striking ``other'' before ``Yakima 
                        River''; and
                            (iii) by inserting ``and other water supply 
                        entities'' after ``owners''; and
                    (B) by striking the second sentence.
    (e) Chandler Pumping Plant and Powerplant-operations at Prosser 
Diversion Dam.--Section 1208(d) of Public Law 103-434 (108 Stat. 4562; 
114 Stat. 1425) is amended by inserting ``negatively'' before 
``affected''.
    (f) Interim Comprehensive Basin Operating Plan.--Section 1210(c) of 
Public Law 103-434 (108 Stat. 4564) is amended by striking ``$100,000'' 
and inserting ``$200,000''.
    (g) Environmental Compliance.--Section 1211 of Public Law 103-434 
(108 Stat. 4564) is amended by striking ``$2,000,000'' and inserting 
``$5,000,000''.

SEC. 10325. AUTHORIZATION OF PHASE III OF YAKIMA RIVER BASIN WATER 
              ENHANCEMENT PROJECT.

    Title XII of Public Law 103-434 (108 Stat. 4550) is amended by 
adding at the end the following:

``SEC. 1213. AUTHORIZATION OF THE INTEGRATED PLAN AS PHASE III OF 
              YAKIMA RIVER BASIN WATER ENHANCEMENT PROJECT.

    ``(a) Integrated Plan.--
            ``(1) In general.--The Secretary shall implement the 
        Integrated Plan as Phase III of the Yakima River Basin Water 
        Enhancement Project in accordance with this section and 
        applicable laws.
            ``(2) Initial development phase of the integrated plan.--
                    ``(A) In general.--The Secretary, in coordination 
                with the State of Washington and Yakama Nation and 
                subject to feasibility studies, environmental reviews, 
                and the availability of appropriations, shall implement 
                an initial development phase of the Integrated Plan, 
                to--
                            ``(i) complete the planning, design, and 
                        construction or development of upstream and 
                        downstream fish passage facilities, as 
                        previously authorized by the Hoover Power Plant 
                        Act of 1984 (43 U.S.C. 619 et seq.) at Cle Elum 
                        Reservoir and another Yakima Project reservoir 
                        identified by the Secretary as consistent with 
                        the Integrated Plan, subject to the condition 
                        that, if the Yakima Project reservoir 
                        identified by the Secretary contains a 
                        hydropower project licensed by the Federal 
                        Energy Regulatory Commission, the Secretary 
                        shall cooperate with the Federal Energy 
                        Regulatory Commission in a timely manner to 
                        ensure that actions taken by the Secretary are 
                        consistent with the applicable hydropower 
                        project license;
                            ``(ii) negotiate long-term agreements with 
                        participating proratable irrigation entities in 
                        the Yakima Basin and, acting through the Bureau 
                        of Reclamation, coordinate between Bureaus of 
                        the Department of the Interior and with the 
                        heads of other Federal agencies to negotiate 
                        agreements concerning leases, easements, and 
                        rights-of-way on Federal land, and other terms 
                        and conditions determined to be necessary to 
                        allow for the non-Federal financing, 
                        construction, operation, and maintenance of--
                                    ``(I) new facilities needed to 
                                access and deliver inactive storage in 
                                Lake Kachess for the purpose of 
                                providing drought relief for irrigation 
                                (known as the `Kachess Drought Relief 
                                Pumping Plant'); and
                                    ``(II) a conveyance system to allow 
                                transfer of water between Keechelus 
                                Reservoir to Kachess Reservoir for 
                                purposes of improving operational 
                                flexibility for the benefit of both 
                                fish and irrigation (known as the `K to 
                                K Pipeline');
                            ``(iii) participate in, provide funding 
                        for, and accept non-Federal financing for--
                                    ``(I) water conservation projects, 
                                not subject to the provisions of the 
                                Basin Conservation Program described in 
                                section 1203, that are intended to 
                                partially implement the Integrated Plan 
                                by providing 85,000 acre-feet of 
                                conserved water to improve tributary 
                                and mainstem stream flow; and
                                    ``(II) aquifer storage and recovery 
                                projects;
                            ``(iv) study, evaluate, and conduct 
                        feasibility analyses and environmental reviews 
                        of fish passage, water supply (including 
                        groundwater and surface water storage), 
                        conservation, habitat restoration projects, and 
                        other alternatives identified as consistent 
                        with the purposes of this Act, for the initial 
                        and future phases of the Integrated Plan;
                            ``(v) coordinate with and assist the State 
                        of Washington in implementing a robust water 
                        market to enhance water management in the 
                        Yakima River basin, including--
                                    ``(I) assisting in identifying ways 
                                to encourage and increase the use of, 
                                and reduce the barriers to, water 
                                transfers, leasing, markets, and other 
                                voluntary transactions among public and 
                                private entities in the Yakima River 
                                basin;
                                    ``(II) providing technical 
                                assistance, including scientific data 
                                and market information; and
                                    ``(III) negotiating agreements that 
                                would facilitate voluntary water 
                                transfers between entities, including 
                                as appropriate, the use of federally 
                                managed infrastructure; and
                            ``(vi) enter into cooperative agreements 
                        with, or, subject to a minimum non-Federal 
                        cost-sharing requirement of 50 percent, make 
                        grants to, the Yakama Nation, the State of 
                        Washington, Yakima River basin irrigation 
                        districts, water districts, conservation 
                        districts, other local governmental entities, 
                        nonprofit organizations, and land owners to 
                        carry out this title under such terms and 
                        conditions as the Secretary may require, 
                        including the following purposes:
                                    ``(I) Land and water transfers, 
                                leases, and acquisitions from willing 
                                participants, so long as the acquiring 
                                entity shall hold title and be 
                                responsible for any and all required 
                                operations, maintenance, and management 
                                of that land and water.
                                    ``(II) To combine or relocate 
                                diversion points, remove fish barriers, 
                                or for other activities that increase 
                                flows or improve habitat in the Yakima 
                                River and its tributaries in 
                                furtherance of this title.
                                    ``(III) To implement, in 
                                partnership with Federal and non-
                                Federal entities, projects to enhance 
                                the health and resilience of the 
                                watershed.
                    ``(B) Commencement date.--The Secretary shall 
                commence implementation of the activities included 
                under the initial development phase pursuant to this 
                paragraph--
                            ``(i) on the date of enactment of this 
                        section; and
                            ``(ii) on completion of applicable 
                        feasibility studies, environmental reviews, and 
                        cost-benefit analyses that include favorable 
                        recommendations for further project 
                        development.
            ``(3) Intermediate and final phases.--
                    ``(A) In general.--The Secretary, in coordination 
                with the State of Washington and in consultation with 
                the Yakama Nation, shall develop plans for intermediate 
                and final development phases of the Integrated Plan to 
                achieve the purposes of this Act, including conducting 
                applicable feasibility studies, environmental reviews, 
                and other relevant studies needed to develop the plans.
                    ``(B) Intermediate phase.--The Secretary shall 
                develop an intermediate development phase to implement 
                the Integrated Plan that, subject to authorization and 
                appropriation, would commence not later than 10 years 
                after the date of enactment of this section.
                    ``(C) Final phase.--The Secretary shall develop a 
                final development phase to implement the Integrated 
                Plan that, subject to authorization and appropriation, 
                would commence not later than 20 years after the date 
                of enactment of this section.
            ``(4) Contingencies.--The implementation by the Secretary 
        of projects and activities identified for implementation under 
        the Integrated Plan shall be--
                    ``(A) subject to authorization and appropriation;
                    ``(B) contingent on the completion of applicable 
                feasibility studies, environmental reviews, and cost-
                benefit analyses that include favorable recommendations 
                for further project development;
                    ``(C) implemented on public review and a 
                determination by the Secretary that design, 
                construction, and operation of a proposed project or 
                activity is in the best interest of the public; and
                    ``(D) in compliance with all applicable laws, 
                including the National Environmental Policy Act of 1969 
                (42 U.S.C. 4321 et seq.) and the Endangered Species Act 
                of 1973 (16 U.S.C. 1531 et seq.).
            ``(5) Progress report.--
                    ``(A) In general.--Not later than 5 years after the 
                date of enactment of this section, the Secretary, in 
                conjunction with the State of Washington and in 
                consultation with the Yakama Nation, shall submit to 
                the Committee on Energy and Natural Resources of the 
                Senate and the Committee on Natural Resources of the 
                House of Representatives a progress report on the 
                development and implementation of the Integrated Plan.
                    ``(B) Requirements.--The progress report under this 
                paragraph shall--
                            ``(i) provide a review and reassessment, if 
                        needed, of the objectives of the Integrated 
                        Plan, as applied to all elements of the 
                        Integrated Plan;
                            ``(ii) assess, through performance metrics 
                        developed at the initiation of, and measured 
                        throughout the implementation of, the 
                        Integrated Plan, the degree to which the 
                        implementation of the initial development phase 
                        addresses the objectives and all elements of 
                        the Integrated Plan;
                            ``(iii) identify the amount of Federal 
                        funding and non-Federal contributions received 
                        and expended during the period covered by the 
                        report;
                            ``(iv) describe the pace of project 
                        development during the period covered by the 
                        report;
                            ``(v) identify additional projects and 
                        activities proposed for inclusion in any future 
                        phase of the Integrated Plan to address the 
                        objectives of the Integrated Plan, as applied 
                        to all elements of the Integrated Plan; and
                            ``(vi) for water supply projects--
                                    ``(I) provide a preliminary 
                                discussion of the means by which--
                                            ``(aa) water and costs 
                                        associated with each 
                                        recommended project would be 
                                        allocated among authorized 
                                        uses; and
                                            ``(bb) those allocations 
                                        would be consistent with the 
                                        objectives of the Integrated 
                                        Plan; and
                                    ``(II) establish a plan for 
                                soliciting and formalizing 
                                subscriptions among individuals and 
                                entities for participation in any of 
                                the recommended water supply projects 
                                that will establish the terms for 
                                participation, including fiscal 
                                obligations associated with 
                                subscription.
    ``(b) Financing, Construction, Operation, and Maintenance of 
Kachess Drought Relief Pumping Plant and K to K Pipeline.--
            ``(1) Agreements.--Long-term agreements negotiated between 
        the Secretary and participating proratable irrigation entities 
        in the Yakima Basin for the non-Federal financing, 
        construction, operation, and maintenance of the Drought Relief 
        Pumping Plant and K to K Pipeline shall include provisions 
        regarding--
                    ``(A) responsibilities of the participating 
                proratable irrigation entities for the planning, 
                design, and construction of infrastructure in 
                consultation and coordination with the Secretary;
                    ``(B) property titles and responsibilities of the 
                participating proratable irrigation entities for the 
                maintenance of and liability for all infrastructure 
                constructed under this title;
                    ``(C) operation and integration of the projects by 
                the Secretary in the operation of the Yakima Project;
                    ``(D) costs associated with the design, financing, 
                construction, operation, maintenance, and mitigation of 
                projects, with the costs of Federal oversight and 
                review to be nonreimbursable to the participating 
                proratable irrigation entities and the Yakima Project; 
                and
                    ``(E) responsibilities for the pumping and 
                operational costs necessary to provide the total water 
                supply available made inaccessible due to drought 
                pumping during the preceding 1 or more calendar years, 
                in the event that the Kachess Reservoir fails to refill 
                as a result of pumping drought storage water during the 
                preceding 1 or more calendar years, which shall remain 
                the responsibility of the participating proratable 
                irrigation entities.
            ``(2) Use of kachess reservoir stored water.--
                    ``(A) In general.--The additional stored water made 
                available by the construction of facilities to access 
                and deliver inactive storage in Kachess Reservoir under 
                subsection (a)(2)(A)(ii)(I) shall--
                            ``(i) be considered to be Yakima Project 
                        water;
                            ``(ii) not be part of the total water 
                        supply available, as that term is defined in 
                        various court rulings; and
                            ``(iii) be used exclusively by the 
                        Secretary--
                                    ``(I) to enhance the water supply 
                                in years when the total water supply 
                                available is not sufficient to provide 
                                70 percent of proratable entitlements 
                                in order to make that additional water 
                                available up to 70 percent of 
                                proratable entitlements to the Kittitas 
                                Reclamation District, the Roza 
                                Irrigation District, or other 
                                proratable irrigation entities 
                                participating in the construction, 
                                operation, and maintenance costs of the 
                                facilities under this title under such 
                                terms and conditions to which the 
                                districts may agree, subject to the 
                                conditions that--
                                            ``(aa) the Bureau of Indian 
                                        Affairs, the Wapato Irrigation 
                                        Project, and the Yakama Nation, 
                                        on an election to participate, 
                                        may also obtain water from 
                                        Kachess Reservoir inactive 
                                        storage to enhance applicable 
                                        existing irrigation water 
                                        supply in accordance with such 
                                        terms and conditions to which 
                                        the Bureau of Indian Affairs 
                                        and the Yakama Nation may 
                                        agree; and
                                            ``(bb) the additional 
                                        supply made available under 
                                        this clause shall be available 
                                        to participating individuals 
                                        and entities in proportion to 
                                        the proratable entitlements of 
                                        the participating individuals 
                                        and entities, or in such other 
                                        proportion as the participating 
                                        entities may agree; and
                                    ``(II) to facilitate reservoir 
                                operations in the reach of the Yakima 
                                River between Keechelus Dam and Easton 
                                Dam for the propagation of anadromous 
                                fish.
                    ``(B) Effect of paragraph.--Nothing in this 
                paragraph affects (as in existence on the date of 
                enactment of this section) any contract, law (including 
                regulations) relating to repayment costs, water right, 
                or Yakama Nation treaty right.
            ``(3) Commencement.--The Secretary shall not commence 
        entering into agreements pursuant to subsection (a)(2)(A)(ii) 
        or subsection (b)(1) or implementing any activities pursuant to 
        the agreements before the date on which--
                    ``(A) all applicable and required feasibility 
                studies, environmental reviews, and cost-benefit 
                analyses have been completed and include favorable 
                recommendations for further project development, 
                including an analysis of--
                            ``(i) the impacts of the agreements and 
                        activities conducted pursuant to subsection 
                        (a)(2)(A)(ii) on adjacent communities, 
                        including potential fire hazards, water access 
                        for fire districts, community and homeowner 
                        wells, future water levels based on projected 
                        usage, recreational values, and property 
                        values; and
                            ``(ii) specific options and measures for 
                        mitigating the impacts, as appropriate;
                    ``(B) the Secretary has made the agreements and any 
                applicable project designs, operations plans, and other 
                documents available for public review and comment in 
                the Federal Register for a period of not less than 60 
                days; and
                    ``(C) the Secretary has made a determination, 
                consistent with applicable law, that the agreements and 
                activities to which the agreements relate--
                            ``(i) are in the public interest; and
                            ``(ii) could be implemented without 
                        significant adverse impacts to the environment.
            ``(4) Electrical power associated with kachess drought 
        relief pumping plant.--
                    ``(A) In general.--The Administrator of the 
                Bonneville Power Administration, pursuant to the 
                Pacific Northwest Electric Power Planning and 
                Conservation Act (16 U.S.C. 839 et seq.), shall provide 
                to the Secretary project power to operate the Kachess 
                Pumping Plant constructed under this title if inactive 
                storage in Kachess Reservoir is needed to provide 
                drought relief for irrigation, subject to the 
                requirements of subparagraphs (B) and (C).
                    ``(B) Determination.--Power may be provided under 
                subparagraph (A) only if--
                            ``(i) there is in effect a drought 
                        declaration issued by the State of Washington;
                            ``(ii) there are conditions that have led 
                        to 70 percent or less water delivery to 
                        proratable irrigation districts, as determined 
                        by the Secretary; and
                            ``(iii) the Secretary determines that it is 
                        appropriate to provide power under that 
                        subparagraph.
                    ``(C) Period of availability.--Power under 
                subparagraph (A) shall be provided until the date on 
                which the Secretary determines that power should no 
                longer be provided under that subparagraph, but for not 
                more than a 1-year period or the period during which 
                the Secretary determines that drought mitigation 
                measures are necessary in the Yakima River basin.
                    ``(D) Rate.--The Administrator of the Bonneville 
                Power Administration shall provide power under 
                subparagraph (A) at the then-applicable lowest 
                Bonneville Power Administration rate for public body, 
                cooperative, and Federal agency customers firm 
                obligations, which as of the date of enactment of this 
                section is the priority firm Tier 1 rate, and shall not 
                include any irrigation discount.
                    ``(E) Local provider.--During any period in which 
                power is not being provided under subparagraph (A), the 
                power needed to operate the Kachess Pumping Plant shall 
                be obtained by the Secretary from a local provider.
                    ``(F) Costs.--The cost of power for such pumping, 
                station service power, and all costs of transmitting 
                power from the Federal Columbia River Power System to 
                the Yakima Enhancement Project pumping facilities shall 
                be borne by irrigation districts receiving the benefits 
                of that water.
                    ``(G) Duties of commissioner.--The Commissioner of 
                Reclamation shall be responsible for arranging 
                transmission for deliveries of Federal power over the 
                Bonneville system through applicable tariff and 
                business practice processes of the Bonneville system 
                and for arranging transmission for deliveries of power 
                obtained from a local provider.
    ``(c) Design and Use of Groundwater Recharge Projects.--
            ``(1) In general.--Any water supply that results from an 
        aquifer storage and recovery project shall not be considered to 
        be a part of the total water supply available if--
                    ``(A) the water for the aquifer storage and 
                recovery project would not be available for use, but 
                instead for the development of the project;
                    ``(B) the aquifer storage and recovery project will 
                not otherwise impair any water supply available for any 
                individual or entity entitled to use the total water 
                supply available; and
                    ``(C) the development of the aquifer storage and 
                recovery project will not impair fish or other aquatic 
                life in any localized stream reach.
            ``(2) Project types.--The Secretary may provide technical 
        assistance for, and participate in, any of the following 3 
        types of groundwater recharge projects (including the 
        incorporation of groundwater recharge projects into Yakima 
        Project operations, as appropriate):
                    ``(A) Aquifer recharge projects designed to 
                redistribute Yakima Project water within a water year 
                for the purposes of supplementing stream flow during 
                the irrigation season, particularly during storage 
                control, subject to the condition that if such a 
                project is designed to supplement a mainstem reach, the 
                water supply that results from the project shall be 
                credited to instream flow targets, in lieu of using the 
                total water supply available to meet those targets.
                    ``(B) Aquifer storage and recovery projects that 
                are designed, within a given water year or over 
                multiple water years--
                            ``(i) to supplement or mitigate for 
                        municipal uses;
                            ``(ii) to supplement municipal supply in a 
                        subsurface aquifer; or
                            ``(iii) to mitigate the effect of 
                        groundwater use on instream flow or senior 
                        water rights.
                    ``(C) Aquifer storage and recovery projects 
                designed to supplement existing irrigation water 
                supply, or to store water in subsurface aquifers, for 
                use by the Kittitas Reclamation District, the Roza 
                Irrigation District, or any other proratable irrigation 
                entity participating in the repayment of the 
                construction, operation, and maintenance costs of the 
                facilities under this section during years in which the 
                total water supply available is insufficient to provide 
                to those proratable irrigation entities all water to 
                which the entities are entitled, subject to the 
                conditions that--
                            ``(i) the Bureau of Indian Affairs, the 
                        Wapato Irrigation Project, and the Yakama 
                        Nation, on an election to participate, may also 
                        obtain water from aquifer storage to enhance 
                        applicable existing irrigation water supply in 
                        accordance with such terms and conditions to 
                        which the Bureau of Indian Affairs and the 
                        Yakama Nation may agree; and
                            ``(ii) nothing in this subparagraph affects 
                        (as in existence on the date of enactment of 
                        this section) any contract, law (including 
                        regulations) relating to repayment costs, water 
                        right, or Yakama Nation treaty right.
    ``(d) Federal Cost-share.--
            ``(1) In general.--The Federal cost-share of a project 
        carried out under this section shall be determined in 
        accordance with the applicable laws (including regulations) and 
        policies of the Bureau of Reclamation.
            ``(2) Initial phase.--The Federal cost-share for the 
        initial development phase of the Integrated Plan shall not 
        exceed 50 percent of the total cost of the initial development 
        phase.
            ``(3) State and other contributions.--The Secretary may 
        accept as part of the non-Federal cost-share of a project 
        carried out under this section, and expend as if appropriated, 
        any contribution (including in-kind services) by the State of 
        Washington or any other individual or entity that the Secretary 
        determines will enhance the conduct and completion of the 
        project.
            ``(4) Limitation on use of other federal funds.--Except as 
        otherwise provided in this title, other Federal funds may not 
        be used to provide the non-Federal cost-share of a project 
        carried out under this section.
    ``(e) Savings and Contingencies.--Nothing in this section shall--
            ``(1) be a new or supplemental benefit for purposes of the 
        Reclamation Reform Act of 1982 (43 U.S.C. 390aa et seq.);
            ``(2) affect any contract in existence on the date of 
        enactment of the Yakima River Basin Water Enhancement Project 
        Phase III Act of 2016 that was executed pursuant to the 
        reclamation laws;
            ``(3) affect any contract or agreement between the Bureau 
        of Indian Affairs and the Bureau of Reclamation;
            ``(4) affect, waive, abrogate, diminish, define, or 
        interpret the treaty between the Yakama Nation and the United 
        States; or
            ``(5) constrain the continued authority of the Secretary to 
        provide fish passage in the Yakima Basin in accordance with the 
        Hoover Power Plant Act of 1984 (43 U.S.C. 619 et seq.).

``SEC. 1214. OPERATIONAL CONTROL OF WATER SUPPLIES.

    ``The Secretary shall retain authority and discretion over the 
management of project supplies to optimize operational use and 
flexibility to ensure compliance with all applicable Federal and State 
laws, treaty rights of the Yakama Nation, and legal obligations, 
including those contained in this Act. That authority and discretion 
includes the ability of the United States to store, deliver, conserve, 
and reuse water supplies deriving from projects authorized under this 
title.''.

               Subpart B--Klamath Project Water and Power

SEC. 10329. KLAMATH PROJECT.

    (a) Addressing Water Management and Power Costs for Irrigation.--
The Klamath Basin Water Supply Enhancement Act of 2000 (Public Law 106-
498; 114 Stat. 2221) is amended--
            (1) by redesignating sections 4 through 6 as sections 5 
        through 7, respectively; and
            (2) by inserting after section 3 the following:

``SEC. 4. POWER AND WATER MANAGEMENT.

    ``(a) Definitions.--In this section:
            ``(1) Covered power use.--The term `covered power use' 
        means a use of power to develop or manage water for irrigation, 
        wildlife purposes, or drainage on land that is--
                    ``(A) associated with the Klamath Project, 
                including land within a unit of the National Wildlife 
                Refuge System that receives water due to the operation 
                of Klamath Project facilities; or
                    ``(B) irrigated by the class of users covered by 
                the agreement dated April 30, 1956, between the 
                California Oregon Power Company and Klamath Basin Water 
                Users Protective Association and within the Off Project 
                Area (as defined in the Upper Basin Comprehensive 
                Agreement entered into on April 18, 2014), only if each 
                applicable owner and holder of a possessory interest of 
                the land is a party to that agreement (or a successor 
                agreement that the Secretary determines provides a 
                comparable benefit to the United States).
            ``(2) Klamath project.--
                    ``(A) In general.--The term `Klamath Project' means 
                the Bureau of Reclamation project in the States of 
                California and Oregon.
                    ``(B) Inclusions.--The term `Klamath Project' 
                includes any dams, canals, and other works and 
                interests for water diversion, storage, delivery, and 
                drainage, flood control, and similar functions that are 
                part of the project described in subparagraph (A).
            ``(3) Power cost benchmark.--The term `power cost 
        benchmark' means the average net delivered cost of power for 
        irrigation and drainage at Reclamation projects in the area 
        surrounding the Klamath Project that are similarly situated to 
        the Klamath Project, including Reclamation projects that--
                    ``(A) are located in the Pacific Northwest; and
                    ``(B) receive project-use power.
    ``(b) Water, Environmental, and Power Activities.--
            ``(1) In general.--Pursuant to the reclamation laws and 
        subject to appropriations and required environmental reviews, 
        the Secretary may carry out activities, including entering into 
        an agreement or contract or otherwise making financial 
        assistance available--
                    ``(A) to plan, implement, and administer programs 
                to align water supplies and demand for irrigation water 
                users associated with the Klamath Project, with a 
                primary emphasis on programs developed or endorsed by 
                local entities comprised of representatives of those 
                water users;
                    ``(B) to plan and implement activities and projects 
                that--
                            ``(i) avoid or mitigate environmental 
                        effects of irrigation activities; or
                            ``(ii) restore habitats in the Klamath 
                        Basin watershed, including restoring tribal 
                        fishery resources held in trust; and
                    ``(C) to limit the net delivered cost of power for 
                covered power uses.
            ``(2) Effect.--Nothing in subparagraph (A) or (B) of 
        paragraph (1) authorizes the Secretary--
                    ``(A) to develop or construct new facilities for 
                the Klamath Project without appropriate approval from 
                Congress under section 9 of the Reclamation Projects 
                Act of 1939 (43 U.S.C. 485h); or
                    ``(B) to carry out activities that have not 
                otherwise been authorized.
    ``(c) Reducing Power Costs.--
            ``(1) In general.--Not later than 180 days after the date 
        of enactment of the Energy Policy Modernization Act of 2016, 
        the Secretary, in consultation with interested irrigation 
        interests that are eligible for covered power use and 
        representative organizations of those interests, shall submit 
        to the Committee on Energy and Natural Resources of the Senate 
        and the Committee on Natural Resources of the House of 
        Representatives a report that--
                    ``(A) identifies the power cost benchmark; and
                    ``(B) recommends actions that, in the judgment of 
                the Secretary, are necessary and appropriate to ensure 
                that the net delivered power cost for covered power use 
                is equal to or less than the power cost benchmark, 
                including a description of--
                            ``(i) actions to immediately reduce power 
                        costs and to have the net delivered power cost 
                        for covered power use be equal to or less than 
                        the power cost benchmark in the near term, 
                        while longer-term actions are being 
                        implemented;
                            ``(ii) actions that prioritize water and 
                        power conservation and efficiency measures and, 
                        to the extent actions involving the development 
                        or acquisition of power generation are 
                        included, renewable energy technologies 
                        (including hydropower);
                            ``(iii) the potential costs and timeline 
                        for the actions recommended under this 
                        subparagraph;
                            ``(iv) provisions for modifying the actions 
                        and timeline to adapt to new information or 
                        circumstances; and
                            ``(v) a description of public input 
                        regarding the proposed actions, including input 
                        from water users that have covered power use 
                        and the degree to which those water users 
                        concur with the recommendations.
            ``(2) Implementation.--Not later than 180 days after the 
        date of submission of the report under paragraph (1), the 
        Secretary shall implement those recommendations described in 
        the report that the Secretary determines will ensure that the 
        net delivered power cost for covered power use is equal to or 
        less than the power cost benchmark, subject to availability of 
        appropriations, on the fastest practicable timeline.
            ``(3) Annual reports.--The Secretary shall submit to each 
        Committee described in paragraph (1) annual reports describing 
        progress achieved in meeting the requirements of this 
        subsection.
    ``(d) Treatment of Power Purchases.--
            ``(1) In general.--Any purchase of power by the Secretary 
        under this section shall be considered to be an authorized sale 
        for purposes of section 5(b)(3) of the Pacific Northwest 
        Electric Power Planning and Conservation Act (16 U.S.C. 
        839c(b)(3)).
            ``(2) Effect.--Nothing in this section authorizes the 
        Bonneville Power Administration to make a sale of power from 
        the Federal Columbia River Power System at rates, terms, or 
        conditions better than those afforded preference customers of 
        the Bonneville Power Administration.
    ``(e) Goals.--The goals of activities under subsections (b) and (c) 
shall include, as applicable--
            ``(1) the short-term and long-term reduction and resolution 
        of conflicts relating to water in the Klamath Basin watershed; 
        and
            ``(2) compatibility and utility for protecting natural 
        resources throughout the Klamath Basin watershed, including the 
        protection, preservation, and restoration of Klamath River 
        tribal fishery resources, particularly through collaboratively 
        developed agreements.
    ``(f) Pumping Plant D.--The Secretary may enter into 1 or more 
agreements with the Tulelake Irrigation District to reimburse the 
Tulelake Irrigation District for not more than 69 percent of the cost 
incurred by the Tulelake Irrigation District for the operation and 
maintenance of Pumping Plant D, on the condition that the cost benefits 
the United States.''.
    (b) Conveyance of Non-Project Water; Replacement of C Canal.--
            (1) Definition of klamath project.--In this subsection:
                    (A) In general.--The term ``Klamath Project'' means 
                the Bureau of Reclamation project in the States of 
                California and Oregon.
                    (B) Inclusions.--The term ``Klamath Project'' 
                includes any dams, canals, and other works and 
                interests for water diversion, storage, delivery, and 
                drainage, flood control, and similar functions that are 
                part of the project described in subparagraph (A).
            (2) Conveyance of non-project water.--
                    (A) In general.--An entity operating under a 
                contract entered into with the United States for the 
                operation and maintenance of Klamath Project works or 
                facilities, and an entity operating any work or 
                facility not owned by the United States that receives 
                Klamath Project water, may use any of the Klamath 
                Project works or facilities to convey non-Klamath 
                Project water for any authorized purpose of the Klamath 
                Project, subject to subparagraphs (B) and (C).
                    (B) Permits; measurement.--An addition, conveyance, 
                and use of water pursuant to subparagraph (A) shall be 
                subject to the requirements that--
                            (i) the applicable entity shall secure all 
                        permits required under State or local laws; and
                            (ii) all water delivered into, or taken out 
                        of, a Klamath Project facility pursuant to that 
                        subparagraph shall be measured.
                    (C) Effect.--A use of non-Klamath Project water 
                under this paragraph shall not--
                            (i) adversely affect the delivery of water 
                        to any water user or land served by the Klamath 
                        Project; or
                            (ii) result in any additional cost to the 
                        United States.
            (3) Replacement of c canal flume.--The replacement of the C 
        Canal flume within the Klamath Project shall be considered to 
        be, and shall receive the treatment authorized for, emergency 
        extraordinary operation and maintenance work in accordance with 
        Federal reclamation law (the Act of June 17, 1902 (32 Stat. 
        388, chapter 1093), and Acts supplemental to and amendatory of 
        that Act (43 U.S.C. 371 et seq.)).
    (c) Administration.--
            (1) Compliance.--In implementing this section and the 
        amendments made by this section, the Secretary of the Interior 
        shall comply with--
                    (A) the National Environmental Policy Act of 1969 
                (42 U.S.C. 4321 et seq.);
                    (B) the Endangered Species Act of 1973 (16 U.S.C. 
                1531 et seq.); and
                    (C) all other applicable laws.
            (2) Effect.--Nothing in this section--
                    (A) modifies the authorities or obligations of the 
                United States with respect to the tribal trust and 
                treaty obligations of the United States; or
                    (B) creates or determines water rights or affects 
                water rights or water right claims in existence on the 
                date of enactment of this Act.

                PART IV--RESERVOIR OPERATION IMPROVEMENT

SEC. 10331. RESERVOIR OPERATION IMPROVEMENT.

    (a) Definitions.--In this section:
            (1) Reserved works.--The term ``reserved works'' means any 
        Bureau of Reclamation project facility at which the Secretary 
        of the Interior carries out the operation and maintenance of 
        the project facility.
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of the Army.
            (3) Transferred works.--The term ``transferred works'' 
        means a Bureau of Reclamation project facility, the operation 
        and maintenance of which is carried out by a non-Federal 
        entity, under the provisions of a formal operation and 
        maintenance transfer contract.
            (4) Transferred works operating entity.--The term 
        ``transferred works operating entity'' means the organization 
        that is contractually responsible for operation and maintenance 
        of transferred works.
    (b) Report.--Not later than 360 days after the date of enactment of 
this Act, the Secretary shall submit to the Committees on 
Appropriations of the Senate and the House of Representatives, the 
Committee on Environment and Public Works of the Senate, and the 
Committee on Transportation and Infrastructure of the House of 
Representatives a report including, for any State in which a county 
designated by the Secretary of Agriculture as a drought disaster area 
during water year 2015 is located, a list of projects, including Corps 
of Engineers projects, and those non-Federal projects and transferred 
works that are operated for flood control in accordance with rules 
prescribed by the Secretary pursuant to section 7 of the Act of 
December 22, 1944 (commonly known as the ``Flood Control Act of 1944'') 
(58 Stat. 890, chapter 665), including, as applicable--
            (1) the year the original water control manual was 
        approved;
            (2) the year for any subsequent revisions to the water 
        control plan and manual of the project;
            (3) a list of projects for which--
                    (A) operational deviations for drought contingency 
                have been requested;
                    (B) the status of the request; and
                    (C) a description of how water conservation and 
                water quality improvements were addressed; and
            (4) a list of projects for which permanent or seasonal 
        changes to storage allocations have been requested, and the 
        status of the request.
    (c) Project Identification.--Not later than 60 days after the date 
of completion of the report under subsection (b), the Secretary shall 
identify any projects described in the report--
            (1) for which the modification of the water operations 
        manuals, including flood control rule curve, would be likely to 
        enhance existing authorized project purposes, including for 
        water supply benefits and flood control operations;
            (2) for which the water control manual and 
        hydrometeorological information establishing the flood control 
        rule curves of the project have not been substantially revised 
        during the 15-year period ending on the date of review by the 
        Secretary; and
            (3) for which the non-Federal sponsor or sponsors of a 
        Corps of Engineers project, the owner of a non-Federal project, 
        or the non-Federal transferred works operating entity, as 
        applicable, has submitted to the Secretary a written request to 
        revise water operations manuals, including flood control rule 
        curves, based on the use of improved weather forecasting or 
        run-off forecasting methods, new watershed data, changes to 
        project operations, or structural improvements.
    (d) Pilot Projects.--
            (1) In general.--Not later than 1 year after the date of 
        identification of projects under subsection (c), if any, the 
        Secretary shall carry out not fewer than 15 pilot projects, 
        which shall include not less than 6 non-Federal projects, to 
        implement revisions of water operations manuals, including 
        flood control rule curves, based on the best available science, 
        which may include--
                    (A) forecast-informed operations;
                    (B) new watershed data; and
                    (C) if applicable, in the case of non-Federal 
                projects, structural improvements.
            (2) Consultation.--In implementing a pilot project under 
        this subsection, the Secretary shall consult with all affected 
        interests, including--
                    (A) non-Federal entities responsible for operations 
                and maintenance costs of a Federal facility;
                    (B) individuals and entities with storage 
                entitlements; and
                    (C) local agencies with flood control 
                responsibilities downstream of a facility.
    (e) Coordination With Non-federal Project Entities.--If a project 
identified under subsection (c) is--
            (1) a non-Federal project, the Secretary, prior to carrying 
        out an activity under this section, shall--
                    (A) consult with the non-Federal project owner; and
                    (B) enter into a cooperative agreement, memorandum 
                of understanding, or other agreement with the non-
                Federal project owner describing the scope and goals of 
                the activity and the coordination among the parties; 
                and
            (2) a Federal project, the Secretary, prior to carrying out 
        an activity under this section, shall--
                    (A) consult with each Federal and non-Federal 
                entity (including a municipal water district, 
                irrigation district, joint powers authority, 
                transferred works operating entity, or other local 
                governmental entity) that currently--
                            (i) manages (in whole or in part) a Federal 
                        dam or reservoir; or
                            (ii) is responsible for operations and 
                        maintenance costs; and
                    (B) enter into a cooperative agreement, memorandum 
                of understanding, or other agreement with each such 
                entity describing the scope and goals of the activity 
                and the coordination among the parties.
    (f) Consideration.--In designing and implementing a forecast-
informed reservoir operations plan under subsection (d) or (g), the 
Secretary may consult with the appropriate agencies within the 
Department of the Interior and the Department of Commerce with 
expertise in atmospheric, meteorological, and hydrologic science to 
consider--
            (1) the relationship between ocean and atmospheric 
        conditions, including--
                    (A) the El Nino and La Nina cycles; and
                    (B) the potential for above-normal, normal, and 
                below-normal rainfall for the coming water year, 
                including consideration of atmospheric river forecasts;
            (2) the precipitation and runoff index specific to the 
        basin and watershed of the relevant dam or reservoir, including 
        incorporating knowledge of hydrological and meteorological 
        conditions that influence the timing and quantity of runoff;
            (3) improved hydrologic forecasting for precipitation, 
        snowpack, and soil moisture conditions;
            (4) an adjustment of operational flood control rule curves 
        to optimize water supply storage and reliability, hydropower 
        production, environmental benefits for flows and temperature, 
        and other authorized project benefits, without a reduction in 
        flood safety; and
            (5) proactive management in response to changes in 
        forecasts.
    (g) Funding.--The Secretary may accept and expend amounts from non-
Federal entities and other Federal agencies to fund all or a portion of 
the cost of carrying out a review or revision of operational documents, 
including water control plans, water control manuals, water control 
diagrams, release schedules, rule curves, operational agreements with 
non-Federal entities, and any associated environmental documentation 
for--
            (1) a Corps of Engineers project;
            (2) a non-Federal project regulated for flood control by 
        the Secretary; or
            (3) a Bureau of Reclamation transferred works regulated for 
        flood control by the Secretary.
    (h) Effect.--
            (1) Manual revisions.--A revision of a manual shall not 
        interfere with the authorized purposes of a Federal project or 
        the existing purposes of a non-Federal project regulated for 
        flood control by the Secretary.
            (2) Effect of section.--
                    (A) Nothing in this section authorizes the 
                Secretary to carry out, at a Federal dam or reservoir, 
                any project or activity for a purpose not otherwise 
                authorized as of the date of enactment of this Act.
                    (B) Nothing in this section affects or modifies any 
                obligation of the Secretary under State law.
                    (C) Nothing in this section affects or modifies any 
                obligation to comply with any applicable Federal law.
            (3) Bureau of reclamation reserved works excluded.--This 
        section--
                    (A) shall not apply to any dam or reservoir 
                operated by the Bureau of Reclamation as a reserved 
                work, unless all non-Federal project sponsors of a 
                reserved work jointly provide to the Secretary a 
                written request for application of this section to the 
                project; and
                    (B) shall apply only to Bureau of Reclamation 
                transferred works at the written request of the 
                transferred works operating entity.
            (4) Prior studies.--The Secretary shall--
                    (A) to the maximum extent practicable, coordinate 
                the efforts of the Secretary in carrying out 
                subsections (b), (c), and (d) with the efforts of the 
                Secretary in completing--
                            (i) the report required under section 
                        1046(a)(2)(A) of the Water Resources Reform and 
                        Development Act of 2014 (33 U.S.C. 2319 note; 
                        Public Law 113-121); and
                            (ii) the updated report required under 
                        subsection (a)(2)(B) of that section; and
                    (B) if the reports are available before the date on 
                which the Secretary carries out the actions described 
                in subsections (b), (c), and (d), consider the findings 
                of the reports described in clauses (i) and (ii) of 
                subparagraph (A).
    (i) Modifications to Manuals and Curves.--Not later than 180 days 
after the date of completion of a modification to an operations manual 
or flood control rule curve, the Secretary shall submit to the 
Committee on Environment and Public Works of the Senate and the 
Committee on Transportation and Infrastructure of the House of 
Representatives a report regarding the components of the forecast-based 
reservoir operations plan incorporated into the change.

                     PART V--HYDROELECTRIC PROJECTS

SEC. 10341. TERROR LAKE HYDROELECTRIC PROJECT UPPER HIDDEN BASIN 
              DIVERSION AUTHORIZATION.

    (a) Definitions.--In this section:
            (1) Terror lake hydroelectric project.--The term ``Terror 
        Lake Hydroelectric Project'' means the project identified in 
        section 1325 of the Alaska National Interest Lands Conservation 
        Act (16 U.S.C. 3212), and which is Federal Energy Regulatory 
        Commission project number 2743.
            (2) Upper hidden basin diversion expansion.--The term 
        ``Upper Hidden Basin Diversion Expansion'' means the expansion 
        of the Terror Lake Hydroelectric Project as generally described 
        in Exhibit E to the Upper Hidden Basin Grant Application dated 
        July 2, 2014 and submitted to the Alaska Energy Authority 
        Renewable Energy Fund Round VIII by Kodiak Electric 
        Association, Inc.
    (b) Authorization.--The licensee for the Terror Lake Hydroelectric 
Project may occupy not more than 20 acres of Federal land to construct, 
operate, and maintain the Upper Hidden Basin Diversion Expansion 
without further authorization of the Secretary of the Interior or under 
the Alaska National Interest Lands Conservation Act (16 U.S.C. 3101 et 
seq.).
    (c) Savings Clause.--The Upper Hidden Basin Diversion Expansion 
shall be subject to appropriate terms and conditions included in an 
amendment to a license issued by the Federal Energy Regulatory 
Commission pursuant to the Federal Power Act (16 U.S.C. 791a et seq.), 
including section 4(e) of that Act (16 U.S.C. 797(e)), following an 
environmental review by the Commission under the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321 et seq.).

SEC. 10342. STAY AND REINSTATEMENT OF FERC LICENSE NO. 11393 FOR THE 
              MAHONEY LAKE HYDROELECTRIC PROJECT.

    (a) Definitions.--In this section:
            (1) Commission.--The term ``Commission'' means the Federal 
        Energy Regulatory Commission.
            (2) License.--The term ``license'' means the license for 
        Commission project number 11393.
            (3) Licensee.--The term ``licensee'' means the holder of 
        the license.
    (b) Stay of License.--On the request of the licensee, the 
Commission shall issue an order continuing the stay of the license.
    (c) Lifting of Stay.--On the request of the licensee, but not later 
than 10 years after the date of enactment of this Act, the Commission 
shall--
            (1) issue an order lifting the stay of the license under 
        subsection (b); and
            (2) make the effective date of the license the date on 
        which the stay is lifted under paragraph (1).
    (d) Extension of License.--On the request of the licensee and 
notwithstanding the time period specified in section 13 of the Federal 
Power Act (16 U.S.C. 806) for commencement of construction of the 
project subject to the license, the Commission shall, after reasonable 
notice and in accordance with the good faith, due diligence, and public 
interest requirements of that section, extend the time period during 
which the licensee is required to commence the construction of the 
project for not more than 3 consecutive 2-year periods, notwithstanding 
any other provision of law.
    (e) Effect.--Nothing in this section prioritizes, or creates any 
advantage or disadvantage to, Commission project number 11393 under 
Federal law, including the Federal Power Act (16 U.S.C. 791a et seq.) 
or the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2601 
et seq.), as compared to--
            (1) any electric generating facility in existence on the 
        date of enactment of this Act; or
            (2) any electric generating facility that may be examined, 
        proposed, or developed during the period of any stay or 
        extension of the license under this section.

SEC. 10343. EXTENSION OF DEADLINE FOR HYDROELECTRIC PROJECT.

    (a) In General.--Notwithstanding the time period specified in 
section 13 of the Federal Power Act (16 U.S.C. 806) that would 
otherwise apply to the Federal Energy Regulatory Commission (referred 
to in this section as the ``Commission'') project numbered 12642, the 
Commission may, at the request of the licensee for the project, and 
after reasonable notice, in accordance with the good faith, due 
diligence, and public interest requirements of that section and the 
procedures of the Commission under that section, extend the time period 
during which the licensee is required to commence the construction of 
the project for up to 3 consecutive 2-year periods from the date of the 
expiration of the extension originally issued by the Commission.
    (b) Reinstatement of Expired License.--If the period required for 
commencement of construction of the project described in subsection (a) 
has expired prior to the date of enactment of this Act--
            (1) the Commission shall reinstate the license effective as 
        of the date of the expiration of the license; and
            (2) the first extension authorized under subsection (a) 
        shall take effect on that expiration date.

SEC. 10344. EXTENSION OF DEADLINE FOR CERTAIN OTHER HYDROELECTRIC 
              PROJECTS.

    (a) In General.--Notwithstanding the time period specified in 
section 13 of the Federal Power Act (16 U.S.C. 806) that would 
otherwise apply to the Federal Energy Regulatory Commission (referred 
to in this section as the ``Commission'') projects numbered 12737 and 
12740, the Commission may, at the request of the licensee for the 
applicable project, and after reasonable notice, in accordance with the 
good faith, due diligence, and public interest requirements of that 
section and the procedures of the Commission under that section, extend 
the time period during which the licensee is required to commence the 
construction of the applicable project for up to 3 consecutive 2-year 
periods from the date of the expiration of the extension originally 
issued by the Commission.
    (b) Reinstatement of Expired License.--If the period required for 
commencement of construction of a project described in subsection (a) 
has expired prior to the date of enactment of this Act--
            (1) the Commission may reinstate the license for the 
        applicable project effective as of the date of the expiration 
        of the license; and
            (2) the first extension authorized under subsection (a) 
        shall take effect on that expiration.

SEC. 10345. EQUUS BEDS DIVISION EXTENSION.

    Section 10(h) of Public Law 86-787 (74 Stat. 1026; 120 Stat. 1474) 
is amended by striking ``10 years'' and inserting ``20 years''.

SEC. 10346. EXTENSION OF TIME FOR A FEDERAL ENERGY REGULATORY 
              COMMISSION PROJECT INVOLVING CANNONSVILLE DAM.

    (a) In General.--Notwithstanding the time period specified in 
section 13 of the Federal Power Act (16 U.S.C. 806) that would 
otherwise apply to the Federal Energy Regulatory Commission project 
numbered 13287, the Federal Energy Regulatory Commission (referred to 
in this section as the ``Commission'') may, at the request of the 
licensee for the project, and after reasonable notice, in accordance 
with the good faith, due diligence, and public interest requirements of 
that section and the procedures of the Commission under that section, 
extend the time period during which the licensee is required to 
commence construction of the project for up to 4 consecutive 2-year 
periods after the required date of the commencement of construction 
described in Article 301 of the license.
    (b) Reinstatement of Expired License.--
            (1) In general.--If the required date of the commencement 
        of construction described in subsection (a) has expired prior 
        to the date of enactment of this Act, the Commission may 
        reinstate the license effective as of that date of expiration.
            (2) Extension.--If the Commission reinstates the license 
        under paragraph (1), the first extension authorized under 
        subsection (a) shall take effect on the date of that 
        expiration.

            PART VI--PUMPED STORAGE HYDROPOWER COMPENSATION

SEC. 10351. PUMPED STORAGE HYDROPOWER COMPENSATION.

    Not later than 180 days after the date of enactment of this Act, 
the Federal Energy Regulatory Commission shall initiate a proceeding to 
identify and determine the market, procurement, and cost recovery 
mechanisms that would--
            (1) encourage development of pumped storage hydropower 
        assets; and
            (2) properly compensate those assets for the full range of 
        services provided to the power grid, including--
                    (A) balancing electricity supply and demand;
                    (B) ensuring grid reliability; and
                    (C) cost-effectively integrating intermittent power 
                sources into the grid.

            Passed the Senate April 20, 2016.

            Attest:

                                                             Secretary.
 114th CONGRESS

  2d Session

                                S. 2012

_______________________________________________________________________

                                 AN ACT

  To provide for the modernization of the energy policy of the United 
                    States, and for other purposes.
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