North American Energy Security and Infrastructure Act of 2016

Bill: 114-s-2012
Sponsor: full_name: Sen. Murkowski, Lisa [R-AK]
Introduced: 2015-09-09
Policy area: Energy
Subjects: Administrative law and regulatory procedures

Administrative remedies

Advanced technology and technological innovations

Advisory bodies

Alaska

Alaska Natives and Hawaiians

Alternative and renewable resources

Appropriations

Arctic Ocean

Arctic and polar regions

Atlantic Ocean

Building construction

Business records

Canada

Civil actions and liability

Climate change and greenhouse gases

Coal

Commodities markets

Competitiveness, trade promotion, trade deficits

Computer security and identity theft

Computers and information technology

Congressional oversight

Consumer affairs

Dams and canals

Department of Agriculture

Department of Energy

Department of the Interior

Education programs funding

Educational facilities and institutions

Electric power generation and transmission

Elementary and secondary education

Emergency planning and evacuation

Employment and training programs

Energy assistance for the poor and aged

Energy efficiency and conservation

Energy prices

Energy research

Energy storage, supplies, demand

Environmental Protection Agency (EPA)

Environmental assessment, monitoring, research

Environmental technology

Executive agency funding and structure

Federal Energy Regulatory Commission (FERC)

Forests, forestry, trees

General energy matters

Government buildings, facilities, and property

Government information and archives

Government lending and loan guarantees

Government studies and investigations

Government trust funds

Gulf of Mexico

Higher education

Historic sites and heritage areas

Hunting and fishing

Hybrid, electric, and advanced technology vehicles

Income tax credits

Indian lands and resources rights

Industrial facilities

Infrastructure development

Intellectual property

Intelligence activities, surveillance, classified information

International organizations and cooperation

Internet and video services

Internet, web applications, social media

Judicial review and appeals

Kansas

Lakes and rivers

Land transfers

Land use and conservation

Latin America

Licensing and registrations

Lighting and heating

Lighting, heating, cooling

Low- and moderate-income housing

Manufacturing

Marine and coastal resources, fisheries

Marine and inland water transportation

Materials

Metals

Mexico

Mining

Montana

Motor carriers

Motor fuels

Motor vehicles

Nuclear power

Oil and gas

Outdoor recreation

Parks, recreation areas, trails

Performance measurement

Product safety and quality

Public contracts and procurement

Public transit

Public utilities and utility rates

Public-private cooperation

Radioactive wastes and releases

Research administration and funding

Research and development

Residential rehabilitation and home repair

Roads and highways

Rural conditions and development

Science and engineering education

Service industries

Small business

Social work, volunteer service, charitable organizations

Solid waste and recycling

State and local finance

State and local government operations

Strategic materials and reserves

Student aid and college costs

Teaching, teachers, curricula

Technology transfer and commercialization

Trade restrictions

Veterans' education, employment, rehabilitation

Virginia

Vocational and technical education

Water quality

Water resources funding

Water storage

Water use and supply

Wildlife conservation and habitat protection
Latest action: action_date: 2016-09-08
text: Conference held.

Summaries:
action_date: 2015-09-09
action_desc: Introduced in Senate
text: <p><b>Energy Policy Modernization Act of 2015</b></p> <p>This bill amends the Energy Conservation and Production Act, the Energy Policy and Conservation Act (EPCA), and the Energy Independence and Security Act of 2007 with respect to energy efficiency in buildings and appliances.</p> <p>The Office of Energy Efficiency and Renewable Energy of the Department of Energy (DOE) shall conduct activities with respect to manufacturing energy efficiency.</p> <p><i>Vehicle Innovation Act of 2015</i></p> <p>DOE shall conduct research, development, engineering, demonstration, and commercial application programs regarding passenger as well as medium- and heavy-duty commercial vehicles and transit vehicles.</p> <p>The Federal Power Act is amended with respect to cybersecurity threats, and requirements are prescribed for enhanced electric grid security as well as bulk-power system reliability.</p> <p>The EPCA is amended regarding the Strategic Petroleum Reserve.</p> <p>The Natural Gas Act is amended with respect to liquefied natural gas exports.</p> <p>DOE shall conduct programs with respect to electric grid storage and related grid matters.</p> <p>The Department of Energy High-End Computing Revitalization Act of 2004 is replaced by the Exascale Computing Act of 2015, and DOE shall conduct research for development of two or more exascale computing machine architectures.</p> <p>The bill amends the Energy Policy Act of 2005 and specified other Acts regarding:</p> <ul> <li>hydroelectric power,</li> <li>geothermal energy,</li> <li>marine hydrokinetic renewable energy,</li> <li>biomass,</li> <li>oil and gas,</li> <li>helium,</li> <li>specified critical minerals,</li> <li>coal,</li> <li>nuclear energy,</li> <li>21st century energy workforce development, and </li> <li>recycled carbon fiber and nonrecycled mixed plastics.</li> </ul> <p>The Energy Policy Act of 2005 and other Acts are amended to:</p> <ul> <li>revise or prescribe requirements for loan and loan guarantee incentives for innovative technologies, and</li> <li>establish an e-prize competition or challenge pilot program to implement community and regional energy solutions to reduce energy costs in high-cost regions.</li> </ul> <p>DOE and the Department of the Interior shall establish a joint NEWS Office and Interagency Coordination Committee on the Nexus of Energy and Water for Sustainability.</p> <p>Interior may develop a current and accurate multipurpose cadastre to support federal land management activities.</p> <p>The Department of Energy Organization Act is amended to:</p> <ul> <li>direct the President to establish a Quadrennial Energy Review Task Force, </li> <li>rename the DOE Under Secretary for Science as the Under Secretary for Science and Energy,</li> <li>direct the DOE Energy Information Administration (EIA) to develop a plan to identify all oil inventories and other physical oil assets owned by the 50 largest traders of oil contracts, and</li> <li>create within the EIA a Financial Market Analysis Office.</li> </ul> <p>The bill establishes a Working Group on Energy Markets.</p> <p>The EPCA is amended to repeal the mandates for various specified studies, reports, plans, and programs.</p> <p>The bill establishes a National Park Service Critical Maintenance and Revitalization Conservation Fund, and revises requirements for the Land and Water Conservation Fund and the Historic Preservation Fund.</p>

tv_txt: II Calendar No. 218 114th CONGRESS 1st Session S. 2012 [Report No. 114–138] IN THE SENATE OF THE UNITED STATES September 9, 2015 Ms. Murkowski , from the Committee on Energy and Natural Resources , reported the following original bill; which was read twice and placed on the calendar A BILL To provide for the modernization of the energy policy of the United States, and for other purposes.

1. Short title; table of contents (a) Short title This Act may be cited as the Energy Policy Modernization Act of 2015 . (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 retrofit 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 within Department of Energy. Sec. 1021. Study and report on energy savings benefits of operational efficiency programs and services. 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. 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. 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 test drawdown and sale notification and definition change. Sec. 2102. Strategic Petroleum Reserve mission readiness optimization. Sec. 2103. Strategic Petroleum Reserve modernization. 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. Technology demonstration on the distribution system. Sec. 2304. Hybrid micro-grid systems for isolated and resilient communities. Sec. 2305. Voluntary model pathways. Sec. 2306. Performance metrics for electricity infrastructure providers. Sec. 2307. State and regional electricity distribution planning. Sec. 2308. Authorization of appropriations. Sec. 2309. Electric transmission infrastructure permitting. Sec. 2310. Report by transmission organizations on distributed energy resources and micro-grid systems. Sec. 2311. Net metering study guidance. 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. Large-scale geothermal energy. Sec. 3010. Report to Congress. Sec. 3011. Authorization of appropriations. SUBPART B—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. Bio-power. 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. 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. Fossil energy. Sec. 3402. Establishment of coal technology program. Subtitle F—Nuclear Sec. 3501. Report on fusion and fission reactor prototypes. 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. 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. Subtitle D—Grid reliability Sec. 4301. Bulk-power system reliability impact statement. Sec. 4302. Report by transmission organizations on diversity of supply. Sec. 4303. Activities carried out during an authorization during war or emergency. 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. 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. 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. 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. 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. I Efficiency A Buildings 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: 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: 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. . 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). 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. 1004. Energy efficiency retrofit 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 improvement (A) In general The term energy-efficiency improvement means an installed measure (including a product, equipment, system, service, or practice) 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 improvement includes an installed measure described in subparagraph (A) involving— (i) repairing, replacing, or installing— (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 improvements needed to serve a more efficient system); (ii) a renewable energy generation or heating system, including a solar, photovoltaic, wind, geothermal, or biomass (including wood pellet) system or component of the system; and (iii) any other measure taken to modernize, renovate, or repair a nonprofit building to make the nonprofit building more energy efficient. (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 retrofitting nonprofit buildings with energy-efficiency improvements. (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 energy-efficiency improvement; (C) an effective plan for evaluation, measurement, and verification of energy savings; (D) the financial need of the applicant; and (E) the percentage of the matching contribution by the applicant. (4) Limitation on individual grant amount Each grant awarded under this section shall not exceed— (A) an amount equal to 50 percent of the energy-efficiency improvement; and (B) $200,000. (5) Cost sharing (A) In general A grant awarded under this section shall be subject to a minimum non-Federal cost-sharing requirement of 50 percent. (B) In-kind contributions The non-Federal share may be provided in the form of in-kind contributions of materials or services. (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. 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. . 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— (1) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively, and indenting appropriately; (2) by striking Not later than and inserting the following: (A) In general Not later than ; and (3) by adding at the end the following: (B) Measures not implemented Each energy manager, as part of the certification system under paragraph (7) and using guidelines developed by the Secretary, shall provide an explanation regarding any life-cycle cost-effective measures described in subparagraph (A)(i) that have not been implemented. . (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. . 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. 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. 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 2015 . . 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 ). . 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 2015 , 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. . 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: 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. . 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 . 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. 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). 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 2015 , 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 2015 ; 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 . 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. 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 2015 ) 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. . 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. . 1020. Evaluation of potentially duplicative green building programs within Department of Energy (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 the Secretary. (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, 2016, the Secretary 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; (B) determine the approximate annual expenditures for services for each applicable program; (C) describe the intended market for each applicable program, 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 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 the applicable program; (E) briefly describe the type of services each applicable program provides, 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, 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, 2016, the Secretary 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, 2016, the Secretary 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. 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. B Appliances 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. 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. 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 ). . 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. . 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. 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. . C Manufacturing 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) by redesignating paragraphs (3) through (5) as paragraphs (4) through (6), respectively; and (B) 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. . (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: 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. . (d) Conforming amendments (1) Section 106 of the Energy Policy Act of 2005 ( 42 U.S.C. 15811 ) is repealed. (2) Sections 131, 132, 133, 2103, and 2107 of the Energy Policy Act of 1992 ( 42 U.S.C. 6348 , 6349, 6350, 13453, 13456) are repealed. (3) Section 2101(a) of the Energy Policy Act of 1992 ( 42 U.S.C. 13451(a) ) is amended in the third sentence by striking sections 2102, 2103, 2104, 2105, 2106, 2107, and 2108 and inserting sections 2102, 2104, 2105, 2106, and 2108 of this Act and section 376 of the Energy Policy and Conservation Act, . 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 a set of advanced sensing, instrumentation, monitoring, controls, and process optimization technologies and practices that merge information and communication technologies with the manufacturing environment for the real-time management of energy, productivity, and costs across factories and companies. (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. 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. D Vehicles 1301. Short title This subtitle may be cited as the Vehicle Innovation Act of 2015 . 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. 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. 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. 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. I Vehicle Research and Development 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. 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. II Medium- and Heavy-Duty Commercial and Transit Vehicles 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. 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. 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. 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. III Administration 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) . II Infrastructure A Cybersecurity 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: 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. . 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). B Strategic Petroleum Reserve 2101. Strategic Petroleum Reserve test drawdown and sale notification and definition change (a) Notice to Congress Section 161(g) of the Energy Policy and Conservation Act ( 42 U.S.C. 6241(g) ) is amended by striking paragraph (8) and inserting the following: (8) Notice to congress (A) Prior notice Not less than 14 days before the date on which a test is carried out under this subsection, the Secretary shall notify both Houses of Congress of the test. (B) Emergency The prior notice requirement in subparagraph (A) shall not apply if the Secretary determines that an emergency exists which requires a test to be carried out, in which case the Secretary shall notify both Houses of Congress of the test as soon as possible. (C) Detailed description (i) In general Not later than 180 days after the date on which a test is completed under this subsection, the Secretary shall submit to both Houses of Congress a detailed description of the test. (ii) Report A detailed description submitted under clause (i) may be included as part of a report made to the President and Congress under section 165. . (b) Definition change Section 3(8)(C)(iii) of the Energy Policy and Conservation Act ( 42 U.S.C. 6202(8)(C)(iii) ) is amended by striking sabotage or an act of God and inserting sabotage, an act of terrorism, or an act of God . 2102. Strategic Petroleum Reserve mission readiness optimization Not later than 180 days after the date of enactment of this Act, the Secretary shall— (1) complete a long-range strategic review of the Strategic Petroleum Reserve; and (2) develop and submit to Congress a proposed action plan, including a proposed implementation schedule, that— (A) specifies near- and long-term roles of the Strategic Petroleum Reserve relative to the energy and economic security goals and objectives of the United States; (B) describes whether existing legal authorities that govern the policies, configuration, and capabilities of the Strategic Petroleum Reserve are adequate to ensure that the Strategic Petroleum Reserve can meet the current and future energy and economic security goals and objectives of the United States; (C) identifies the configuration and performance capabilities of the Strategic Petroleum Reserve and recommends an action plan to achieve the optimal — (i) capacity, location, and composition of petroleum products in the Strategic Petroleum Reserve; and (ii) storage and distributional capabilities; and (D) estimates the resources required to attain and maintain the long-term sustainability and operational effectiveness of the Strategic Petroleum Reserve. 2103. 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, . C Trade 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. 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. . 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. D Electricity and energy storage 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 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 ). 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. 2303. Technology demonstration on the distribution system (a) In general The Secretary shall establish a grant program to carry out eligible projects related to the modernization of the electric grid, including the application of technologies to improve observability, advanced controls, and prediction of system performance on the distribution system. (b) Eligible Projects To be eligible for a grant under subsection (a), a project shall— (1) be designed to improve the performance and efficiency of the future electric grid, while ensuring the continued provision of safe, secure, reliable, and affordable power; and (2) demonstrate— (A) secure integration and management of 2 or more energy resources, including distributed energy generation, combined heat and power, micro-grids, energy storage, electric vehicles, energy efficiency, demand response, and intelligent loads; and (B) secure integration and interoperability of communications and information technologies. (c) Participation Projects conducted under subsection (b) shall include the participation of a partnership consisting of 2 or more entities that— (1) may include (A) any institution of higher education; (B) a National Laboratory; (C) a representative of a State or local government; (D) a representative of an Indian tribe; or (E) a Federal power marketing administration; and (2) shall include at least 1 of any of— (A) an investor-owned electric utility; (B) a publicly owned utility; (C) a technology provider; (D) a rural electric cooperative; (E) a regional transmission organization; or (F) an independent system operator (d) Cybersecurity plan Each demonstration project conducted under subsection (a) shall include the development of a cybersecurity plan approved by the Secretary. (e) Privacy risk analysis Each demonstration project conducted under subsection (a) shall include a privacy impact assessment that evaluates the project against the 5 core concepts in the Voluntary Code of Conduct of the Department, commonly known as the “DataGuard Energy Data Privacy Program”, or the most recent revisions to the privacy program of the Department. 2304. 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). 2305. 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). 2306. 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. 2307. 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. 2308. 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. 2309. 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). 2310. 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). 2311. 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: 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. . E Computing 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 2015 . (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 2015 . (b) Definitions Section 2 of the Exascale Computing Act of 2015 ( 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 2015 ( 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 2015 ( 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. . III Supply A Renewables I Hydroelectric 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: 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. 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. 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). 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. 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. 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 . 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. 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 ). II Geothermal A Geothermal energy 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. 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. 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. . 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 2015 , the Secretary shall issue regulations to carry out this paragraph. . 3009. Large-scale geothermal energy Title VI of the Energy Independence and Security Act of 2007 is amended by inserting after section 616 ( 42 U.S.C. 17195 ) the following: 616A. Large-Scale Geothermal Energy (a) Purposes The purposes of this section are— (1) to improve the components, processes, and systems used for geothermal heat pumps and the direct use of geothermal energy; and (2) to increase the energy efficiency, lower the cost, increase the use, and improve and demonstrate the applicability of geothermal heat pumps to, and the direct use of geothermal energy in, large buildings, commercial districts, residential communities, and large municipal, agricultural, or industrial projects. (b) Definitions In this section: (1) Direct use of geothermal energy The term direct use of geothermal energy means systems that use water that is at a temperature between approximately 38 degrees Celsius and 149 degrees Celsius directly or through a heat exchanger to provide— (A) heating to buildings; or (B) heat required for industrial processes, agriculture, aquaculture, and other facilities. (2) Geothermal heat pump The term geothermal heat pump means a system that provides heating and cooling by exchanging heat from shallow ground or surface water using— (A) a closed loop system, which transfers heat by way of buried or immersed pipes that contain a mix of water and working fluid; or (B) an open loop system, which circulates ground or surface water directly into the building and returns the water to the same aquifer or surface water source. (3) Large-scale application The term large-scale application means an application for space or process heating or cooling for large entities with a name-plate capacity, expected resource, or rating of 10 or more megawatts, such as a large building, commercial district, residential community, or a large municipal, agricultural, or industrial project. (c) Program (1) In general The Secretary shall establish a program of research, development, and demonstration for geothermal heat pumps and the direct use of geothermal energy. (2) Areas The program may include research, development, demonstration, and commercial application of— (A) geothermal ground loop efficiency improvements through more efficient heat transfer fluids; (B) geothermal ground loop efficiency improvements through more efficient thermal grouts for wells and trenches; (C) geothermal ground loop installation cost reduction through— (i) improved drilling methods; (ii) improvements in drilling equipment; (iii) improvements in design methodology and energy analysis procedures; and (iv) improved methods for determination of ground thermal properties and ground temperatures; (D) installing geothermal ground loops near the foundation walls of new construction to take advantage of existing structures; (E) using gray or black wastewater as a method of heat exchange; (F) improving geothermal heat pump system economics through integration of geothermal systems with other building systems, including providing hot and cold water and rejecting or circulating industrial process heat through refrigeration heat rejection and waste heat recovery; (G) advanced geothermal systems using variable pumping rates to increase efficiency; (H) geothermal heat pump efficiency improvements; (I) use of hot water found in mines and mine shafts and other surface waters as the heat exchange medium; (J) heating of districts, neighborhoods, communities, large commercial or public buildings (including office, retail, educational, government, and institutional buildings and multifamily residential buildings and campuses), and industrial and manufacturing facilities; (K) geothermal system integration with solar thermal water heating or cool roofs and solar-regenerated desiccants to balance loads and use building hot water to store geothermal energy; (L) use of hot water coproduced from oil and gas recovery; (M) use of water sources at a temperature of less than 150 degrees Celsius for direct use; (N) system integration of direct use with geothermal electricity production; and (O) coproduction of heat and power, including on-site use. (3) Environmental impacts In carrying out the program, the Secretary shall identify and mitigate potential environmental impacts in accordance with section 614(c). (d) Grants (1) In general The Secretary shall make grants available to State and local governments, institutions of higher education, nonprofit entities, utilities, and for-profit companies (including manufacturers of heat-pump and direct-use components and systems) to promote the development of geothermal heat pumps and the direct use of geothermal energy. (2) Priority In making grants under this subsection, the Secretary shall give priority to proposals that apply to large buildings (including office, retail, educational, government, institutional, and multifamily residential buildings and campuses and industrial and manufacturing facilities), commercial districts, and residential communities. (3) National solicitation Not later than 180 days after the date of enactment of this section, the Secretary shall conduct a national solicitation for applications for grants under this section. (e) Reports (1) In general Not later than 2 years after the date of enactment of this section and annually thereafter, 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 a report on progress made and results obtained under this section to develop geothermal heat pumps and direct use of geothermal energy. (2) Areas Each of the reports required under this subsection shall include— (A) an analysis of progress made in each of the areas described in subsection (c)(2); and (B) (i) a description of any relevant recommendations made during a review of the program; and (ii) any plans to address the recommendations under clause (i). . 3010. 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. 3011. 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. B Geothermal exploration 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: 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). . III Marine Hydrokinetic 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 . 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: 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. . 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. . 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 . IV Biomass 3017. Bio-power (a) Woody biomass heat and bio-power initiative (1) Definitions of woody biomass heat and bio-power Section 9008(a) of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 8108(a) ) is amended— (A) by redesignating paragraphs (2) and (3) as paragraphs (4) and (5), respectively; (B) by inserting after paragraph (1) the following: (2) Bio-power The term bio-power means the use of woody biomass to generate electricity. (3) Board The term Board means the Biomass Research and Development Board. ; and (C) by adding at the end the following: (6) Woody biomass heat The term woody biomass heat means the use of woody biomass to generate heat. . (2) Biomass research and development board Section 9008(c)(3)(A) of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 8108(c)(3)(A) ) is amended by striking biofuels and biobased products and inserting biofuels, biobased products, bio-power, and woody biomass heat projects . (3) Woody biomass heat and bio-power grants Section 9008 of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 8108 ) is amended— (A) by redesignating subsections (f), (g), and (h) as subsections (g), (h), and (i), respectively; and (B) by inserting after subsection (e) the following: (f) Woody biomass heat and bio-power grants (1) Establishment The Secretary of Agriculture and the Secretary of Energy, in consultation with the Board, shall establish a program under which the Secretary of Agriculture and the Secretary of Energy shall provide grants to relevant projects to support innovation and market development in woody biomass heat and bio-power. (2) Applications To be eligible to receive a grant under this subsection, the owner or operator of a relevant project shall submit to the Secretary of Agriculture and the Secretary of Energy an application at such time, in such manner, and containing such information as the Secretary of Agriculture and the Secretary of Energy may require. (3) Allocation Of the amounts appropriated to carry out this subsection, the Secretary of Agriculture and the Secretary of Energy shall not provide more than— (A) $15,000,000 for projects that develop innovative techniques for preprocessing biomass for woody biomass heat and bio-power, with the goals of lowering the costs of— (i) distributed preprocessing technologies, including technologies designed to promote densification, torrefaction, and the broader commoditization of bioenergy feedstocks; and (ii) transportation; and (B) $15,000,000 for innovative woody biomass heat and bio-power demonstration projects, including— (i) district energy projects; (ii) innovation in transportation; and (iii) projects addressing the challenges of retrofitting existing coal-fired electricity generation facilities to use biomass. (4) Regional distribution In selecting projects to receive grants under this subsection, the Secretary of Agriculture and the Secretary of Energy shall ensure, to the maximum extent practicable, diverse geographical distribution among the projects. (5) Cost share The Federal share of the cost of a project carried out using a grant under this subsection shall be 50 percent. (6) Duties of recipients As a condition of receiving a grant under this subsection, the owner or operator of a project shall— (A) participate in the applicable working group under paragraph (7); (B) submit to the Secretary of Agriculture and the Secretary of Energy a report that includes— (i) a description of the project and any relevant findings; and (ii) such other information as the Secretary of Agriculture and the Secretary of Energy determine to be necessary to complete the report of the Secretary under paragraph (9); and (C) carry out such other activities as the Secretary of Agriculture and the Secretary of Energy determine to be necessary. (7) Working groups The Secretary of Agriculture and the Secretary of Energy shall establish 2 working groups to share best practices and collaborate in project implementation, of which— (A) 1 shall be comprised of representatives of projects that receive grants under paragraph (3)(A); and (B) 1 shall be comprised of representatives of projects that receive grants under paragraph (3)(B). (8) Inclusion of oilseed crops A grant may be provided under this subsection to relevant projects to support innovation and market development in oilseed crops. (9) Reports Not later than 5 years after the date of enactment of this Act, the Secretary of Agriculture and the Secretary of Energy shall submit to Congress a report describing— (A) each project for which a grant has been provided under this subsection; (B) any findings as a result of those projects; and (C) the state of market and technology development, including market barriers and opportunities. . (b) Loan programs; strategic analysis and research (1) Low-interest loans (A) Establishment The Secretary of Agriculture shall establish, within the Rural Development Office, a low-interest loan program to support construction of residential, commercial or institutional, and industrial woody biomass heat and bio-power systems. (B) Requirements The program under this subsection shall be carried out in accordance with such requirements as the Secretary of Agriculture may establish, by regulation, in taking into consideration best practices. (C) Authorization of appropriations There is authorized to be appropriated to the Secretary of Agriculture to carry out this subsection $50,000,000. (2) Energy efficiency and conservation loan program In addition to loans under paragraph (1), woody biomass heat residential, commercial or institutional, and industrial wood energy systems shall be eligible to receive loans under the energy efficiency and conservation loan program of the Department of Agriculture under section 2 of the Rural Electrification Act of 1936 ( 7 U.S.C. 902 ). B Oil and Gas 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 or the Atlantic Ocean Basin by the date that is 4 years after the date of enactment of the Energy Policy Modernization Act of 2015 ; (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 2015 ; (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 2015 ; 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: 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. . 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). 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. 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 using fees collected under section 35(d) of the Mineral Leasing Act ( 30 U.S.C. 191(d) ) and not otherwise expended. (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. C Helium 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: 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. . D Critical Minerals 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. 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 2015 . (2) Materials The term . 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. 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. 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. 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. 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. 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. 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). 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 . 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) Potash Nothing in this subtitle affects any aspect of Secretarial Order 3324, issued by the Secretary of the Interior on December 3, 2012, with respect to potash and oil and gas operators. 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. E Coal 3401. 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. . 3402. 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 (1) In general 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: 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) Program The term program means the program established under subsection (b). (3) 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 Act. (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; and (C) demonstration 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 geologic 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 Act, the Secretary shall submit to Congress a report describing the performance standards adopted under subsection (b)(3). (2) Update 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 Act, to remain available until expended— (A) $610,000,000 for each of fiscal years 2017 through 2020; and (B) $560,000,000 for fiscal year 2021. (2) Allocations The amounts made available under paragraph (1) shall be allocated as follows: (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) 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. . (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) of the Energy Policy Act of 2005 ( 42 U.S.C. 16352(b) ). F Nuclear 3501. Report on fusion and fission reactor prototypes (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 Committees on Energy and Natural Resources and Environment and Public Works of the Senate and the Committee on Science, Space, and Technology of the House of Representatives a report assessing the capability of the Department to host privately funded fusion and fission reactor prototypes up to 20 megawatts thermal output and related demonstration facilities at sites owned by the Department. (b) Content The report submitted under subsection (a) shall describe the results of an assessment of— (1) the safety review, oversight capabilities, and potential liability of the Department; (2) potential sites capable of hosting research, development, and demonstration of prototype reactors and related facilities for the purpose of reducing technical risk; (3) the existing physical and technical capabilities of the Department and the National Laboratories relevant to research, development, and oversight; (4) the efficacy of the available contractual mechanisms of the Department, including— (A) cooperative research and development agreements; (B) work for others agreements; and (C) agreements for commercializing technology; (5) potential cost structures relating to physical security, decommissioning, liability, and other long-term project costs; (6) the feasibility of the Department providing technical assistance to developers of privately funded fusion and advanced fission reactors in connection with obtaining a license from the Nuclear Regulatory Commission for demonstration reactors or commercial reactors of varying size and readiness levels up to 2 gigawatts of thermal output; and (7) other challenges or considerations identified by the Secretary, including issues relating to potential cases of demonstration reactors up to 2 gigawatts of thermal output. 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. G Workforce development 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, 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) Sunset The Board established under this section shall remain in effect until September 30, 2020. 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; (2) work with the Secretary of Defense or veterans organizations 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 )); (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; or (10) provide job training for displaced and unemployed workers in the energy sector. (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) 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. (k) 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. (l) 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. H Recycling 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. 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. 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 . IV Accountability A Loan programs 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) . (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. 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. . 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. 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: 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 2015 . (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. . 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. . 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 . B Energy-Water nexus 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. 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: 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. . C Innovation 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) $5,271,000,000 for fiscal year 2016; (9) $5,485,000,000 for fiscal year 2017; (10) $5,704,000,000 for fiscal year 2018; (11) $5,932,000,000 for fiscal year 2019; and (12) $6,178,000,000 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) $291,200,000 for fiscal year 2016; (G) $303,600,000 for fiscal year 2017; (H) $314,700,000 for fiscal year 2018; (I) $327,300,000 for fiscal year 2019; and (J) $340,600,000 for fiscal year 2020 . ; and (B) in paragraph (4)(B), by striking (c)(2)(D) and inserting (c)(2)(C) . 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. . 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. 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. D Grid reliability 4301. Bulk-power system reliability impact statement (a) Reliability reports Section 215(g) of the Federal Power Act ( 16 U.S.C. 824o(g) ) is amended— (1) by striking The ERO and inserting the following: (1) In general The ERO ; and (2) by adding at the end the following: (2) Regional entities Not later than 180 days after the date of enactment of this paragraph and not less than every 3 years thereafter, each regional entity shall submit to the appropriate committees of Congress and the Commission a report that describes, as of the date of the report— (A) the state of and prospects for the reliability of electricity within the geographic area covered by the regional entity; and (B) the most significant risks to the reliability of the bulk-power system that might arise or need to be monitored within the geographic area covered by the regional entity, including risks from proposed or final Federal regulations. . (b) 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 any applicable regional entity affected by the proposed rule a reliability impact statement with respect to the proposed rule. (2) Voluntary submission by regional entity A regional entity may prepare, on the initiative of the regional entity, a reliability impact statement for any proposed major Federal rule that the regional entity determines would significantly affect the reliable operation of the bulk-power system within the area covered by the regional entity. (3) Multijurisdictional coordination If a proposed rule subject to a reliability impact statement under paragraph (1) or (2) affects an area broader than the area covered by a single regional entity, the ERO shall convene a committee of the affected regional entities to produce a single reliability impact statement that demonstrates for each affected area the reliability impact of the proposed rule. (4) Requirements A reliability impact statement under paragraph (1) or (2) 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, at the discretion of the regional entity, a no-action alternative. (5) Submission to commission On completion of a reliability impact statement under paragraph (1) or (2), the regional entity or a committee of affected regional entities convened under paragraph (3) shall submit to the Commission the reliability impact statement. (6) Transmittal to head of Federal agency On receipt of a reliability impact statement submitted to the Commission under paragraph (5), 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. (7) Inclusion of detailed response in final rule With respect to a final major rule subject to a reliability impact statement prepared under paragraph (1) or (2), the head of the Federal agency shall— (A) consider the reliability impact statement; (B) give due weight to the technical expertise of the regional entity 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 (4). . 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. 4303. Activities carried out during an authorization during war or emergency Section 202(c) of the Federal Power Act ( 16 U.S.C. 824a(c) ) is amended— (1) in the first sentence, by striking (c) During and inserting the following: (c) Authorization during war or emergency (1) In general During ; and (2) by adding at the end the following: (2) No liability Subject to paragraph (3), any party subject to an order issued under this subsection or under subsection 224(b)(1) shall not be liable for actions carried out in compliance with the order. (3) Exceptions The waiver of liability under paragraph (2) shall not apply in a case of gross negligence or willful misconduct. . E Management 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. 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: 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. 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. 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 . F Markets 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 2015 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 . 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. 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) ). G Affordability 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. . H Code maintenance 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. 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. 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. 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. 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. 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. 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). 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. 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: 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. . 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. 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. 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. 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. 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. 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. 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. 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). 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. 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). 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. 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. 7381 l , 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. 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. 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 . 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. 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. 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. V Conservation reauthorization 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: 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: §104908. National Park Service Maintenance and Revitalization Conservation Fund. . 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, 2015, there and inserting There ; and (2) in subsection (c)(1), by striking through September 30, 2015 . (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 of 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. . 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 .

September 9, 2015 Read twice and placed on the calendar

tv_txt: 114th CONGRESS 2d Session S. 2012 IN THE SENATE OF THE UNITED STATES AN ACT To provide for the modernization of the energy policy of the United States, and for other purposes.

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 Río 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. 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. I Efficiency A Buildings 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: 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: 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. . 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). 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. 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. 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. . 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. . 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. 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. 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 . . 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 ). . 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. . 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: 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. . 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 . 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. 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). 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 . 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. 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. . 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. . 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). 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. 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: 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. 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: 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. . B Appliances 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. 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. 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 ). . 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. . 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. 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. . 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) . C Manufacturing 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: 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. . 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. 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. D Vehicles 1301. Short title This subtitle may be cited as the Vehicle Innovation Act of 2016 . 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. 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. 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. 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. I Vehicle Research and Development 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. 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. II Medium- and Heavy-Duty Commercial and Transit Vehicles 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. 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. 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. 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. III Administration 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) . 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 . 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). . E Short title 1401. Short title This title may be cited as the Portman-Shaheen Energy Efficiency Improvement Act of 2016 . F Housing 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. 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. 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. 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. 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. 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. II Infrastructure A Cybersecurity 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: 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. . 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). B Strategic Petroleum Reserve 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, . 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. . C Trade 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. 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. . 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. D Electricity and energy storage 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. 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. 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). 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). 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. 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. 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. 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. 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). 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: 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. . 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. E Computing 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. . III Supply A Renewables I Hydroelectric 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: 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. 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. 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). 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. 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. 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 . 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. 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. II Geothermal A Geothermal energy 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. 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. 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. . 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. . 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. 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. B Development of geothermal, solar, and wind energy on public land 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. 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. 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. ). 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. 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 )). C Geothermal exploration 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: 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). . III Marine Hydrokinetic 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 . 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: 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. . 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. . 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 . IV Biomass 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. B Oil and Gas 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: 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. . 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). 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. 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. 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. 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. 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. 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. 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. ). . C Helium 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: 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. . D Critical Minerals 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. 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 . 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. 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. 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. 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. 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. 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. 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). 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 . 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. 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. E Coal 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. 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. . 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: 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). . 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). F Nuclear 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). 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. G Workforce development 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. 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. H Recycling 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. 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. 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 . 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. I Thermal energy 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) ) . IV Accountability A Loan programs 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. 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. . 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. 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: 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. . 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. . 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 . B Energy-Water nexus 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. 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: 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. . C Innovation 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) . 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. . 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. 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. 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. 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. 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. D Grid reliability 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). . 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. E Management 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. 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: 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. 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. 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 . 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. 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. 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. 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. . 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. 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 ). 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. 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: 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: §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: 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: §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: 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: §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: 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. 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. 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. 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. 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)— 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. 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. F Markets 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 . 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. 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) ). G Affordability 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. . 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. . H Code maintenance 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. 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. 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. 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. 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. 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. 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). 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. 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: 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. . 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. 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. 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. 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. 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. 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. 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. 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). 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. 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). 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. 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. 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. 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 . 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. 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. 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. 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, . 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. 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. 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. 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 . 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 . 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. 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. 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. 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, . 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, . 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. 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. 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 . V Conservation reauthorization 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: 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: §104908. National Park Service Maintenance and Revitalization Conservation Fund. . 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. . 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 . 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. VI Indian tribal energy development and self-determination 6001. Short title This title may be cited as the Indian Tribal Energy Development and Self-Determination Act Amendments of 2016 . A Indian tribal energy development and self-determination act amendments 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 . 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 . 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. 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. . 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) . 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. B Miscellaneous amendments 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 ). 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: 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. 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 . 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: 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). . 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). 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 . 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. VII Brownfields reauthorization 7001. Short title This title may be cited as the Brownfields Utilization, Investment, and Local Development Act of 2016 or the BUILD Act . 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). . 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. . 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. . 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 . 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. . 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. . 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. . 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. . 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). . 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 . VIII Miscellaneous 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: 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). . IX Miscellaneous 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. X Natural Resources A Land conveyances and related matters 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. 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. 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. 10004. Cerro del Yuta and Río San Antonio Wilderness Areas (a) Definitions In this section: (1) Map The term map means the map entitled Río 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 Río 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 Río 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) Río san antonio wilderness Certain land administered by the Bureau of Land Management in Río Arriba County, New Mexico, comprising approximately 8,120 acres, as generally depicted on the map, which shall be known as the Río 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. 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 . 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. . 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). 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). B National Park Management, Studies, and Related Matters 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. 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. 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. 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. 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. 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. . 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 . 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. . 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. C Sportsmen's access and land management issues I National policy 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. II Sportsmen’s access to federal land 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). 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. 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. 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). 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. . III Filming on federal land management agency land 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. IV Bows, wildlife management, and access opportunities for recreation, hunting, and fishing 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: 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. . 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: 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. . 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. V Federal land transaction facilitation act 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. VI Fish and wildlife conservation 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. 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. . 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. 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. 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. VII Miscellaneous 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. 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. D Water infrastructure and related matters I Fontenelle Reservoir 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. 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. II Bureau of Reclamation transparency 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. 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. 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). 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. III Basin water management A Yakima River Basin Water Enhancement 10321. Short title This subpart may be cited as the Yakima River Basin Water Enhancement Project Phase III Act of 2016 . 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. . 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 . 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 . 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: 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. ). 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. . B Klamath Project water and power 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: 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. IV Reservoir operation improvement 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 Niño and La Niña 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. V Hydroelectric projects 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. ). 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. 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. 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. 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 . 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. VI Pumped storage hydropower compensation 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. Secretary

tv_txt: 114th CONGRESS 2d Session In the House of Representatives, U. S., May 25, 2016 AMENDMENT:

That the bill from the Senate (S. 2012) entitled An Act to provide for the modernization of the energy policy of the United States, and for other purposes. , do pass with the following Strike out all after the enacting clause and insert: 1. Short title; table of contents (a) Short title This Act may be cited as the North American Energy Security and Infrastructure Act of 2016 . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Division A—North American Energy Security and Infrastructure Sec. 1. Short title. Title I—Modernizing and Protecting Infrastructure Subtitle A—Energy Delivery, Reliability, and Security Sec. 1101. FERC process coordination. Sec. 1102. Resolving environmental and grid reliability conflicts. Sec. 1103. Emergency preparedness for energy supply disruptions. Sec. 1104. Critical electric infrastructure security. Sec. 1105. Strategic Transformer Reserve. Sec. 1106. Cyber Sense. Sec. 1107. State coverage and consideration of PURPA standards for electric utilities. Sec. 1108. Reliability analysis for certain rules that affect electric generating facilities. Sec. 1109. Increased accountability with respect to carbon capture, utilization, and sequestration projects. Sec. 1110. Reliability and performance assurance in Regional Transmission Organizations. Sec. 1111. Ethane storage study. Sec. 1112. Statement of policy on grid modernization. Sec. 1113. Grid resilience report. Sec. 1114. GAO report on improving National Response Center. Sec. 1115. Designation of National Energy Security Corridors on Federal lands. Sec. 1116. Vegetation management, facility inspection, and operation and maintenance on Federal lands containing electric transmission and distribution facilities. Subtitle B—Hydropower Regulatory Modernization Sec. 1201. Protection of private property rights in hydropower licensing. Sec. 1202. Extension of time for FERC project involving W. Kerr Scott Dam. Sec. 1203. Hydropower licensing and process improvements. Sec. 1204. Judicial review of delayed Federal authorizations. Sec. 1205. Licensing study improvements. Sec. 1206. Closed-loop pumped storage projects. Sec. 1207. License amendment improvements. Sec. 1208. Promoting hydropower development at existing nonpowered dams. Title II—Energy Security and Diplomacy Sec. 2001. Sense of Congress. Sec. 2002. Energy security valuation. Sec. 2003. North American energy security plan. Sec. 2004. Collective energy security. Sec. 2005. Authorization to export natural gas. Sec. 2006. Environmental review for energy export facilities. Sec. 2007. Authorization of cross-border infrastructure projects. Sec. 2008. Report on smart meter security concerns. Title III—Energy Efficiency and Accountability Subtitle A—Energy Efficiency Chapter 1—Federal Agency Energy Efficiency Sec. 3111. Energy-efficient and energy-saving information technologies. Sec. 3112. Energy efficient data centers. Sec. 3113. Report on energy and water savings potential from thermal insulation. Sec. 3114. Battery storage report. Sec. 3115. Federal purchase requirement. Sec. 3116. Energy performance requirement for Federal buildings. Sec. 3117. Federal building energy efficiency performance standards; certification system and level for Federal buildings. Sec. 3118. Operation of battery recharging stations in parking areas used by Federal employees. Sec. 3119. Report on energy savings and greenhouse gas emissions reduction from conversion of captured methane to energy. Chapter 2—Energy Efficient Technology and Manufacturing Sec. 3121. Inclusion of Smart Grid capability on Energy Guide labels. Sec. 3122. Voluntary verification programs for air conditioning, furnace, boiler, heat pump, and water heater products. Sec. 3123. Facilitating consensus furnace standards. Sec. 3124. No warranty for certain certified Energy Star products. Sec. 3125. Clarification to effective date for regional standards. Sec. 3126. Internet of Things report. Sec. 3127. Energy savings from lubricating oil. Sec. 3128. Definition of external power supply. Sec. 3129. Standards for power supply circuits connected to LEDs or OLEDs. Chapter 3—School Buildings Sec. 3131. Coordination of energy retrofitting assistance for schools. Chapter 4—Building Energy Codes Sec. 3141. Greater energy efficiency in building codes. Sec. 3142. Voluntary nature of building asset rating program. Chapter 5—EPCA Technical Corrections and Clarifications Sec. 3151. Modifying product definitions. Sec. 3152. Clarifying rulemaking procedures. Chapter 6—Energy and Water Efficiency Sec. 3161. Smart energy and water efficiency pilot program. Sec. 3162. WaterSense. Subtitle B—Accountability Chapter 1—Market Manipulation, Enforcement, and Compliance Sec. 3211. FERC Office of Compliance Assistance and Public Participation. Chapter 2—Market Reforms Sec. 3221. GAO study on wholesale electricity markets. Sec. 3222. Clarification of facility merger authorization. Chapter 3—Code Maintenance Sec. 3231. Repeal of off-highway motor vehicles study. Sec. 3232. Repeal of methanol study. Sec. 3233. Repeal of residential energy efficiency standards study. Sec. 3234. Repeal of weatherization study. Sec. 3235. Repeal of report to Congress. Sec. 3236. Repeal of report by General Services Administration. Sec. 3237. Repeal of intergovernmental energy management planning and coordination workshops. Sec. 3238. Repeal of Inspector General audit survey and President’s Council on Integrity and Efficiency report to Congress. Sec. 3239. Repeal of procurement and identification of energy efficient products program. Sec. 3240. Repeal of national action plan for demand response. Sec. 3241. Repeal of national coal policy study. Sec. 3242. Repeal of study on compliance problem of small electric utility systems. Sec. 3243. Repeal of study of socioeconomic impacts of increased coal production and other energy development. Sec. 3244. Repeal of study of the use of petroleum and natural gas in combustors. Sec. 3245. Repeal of submission of reports. Sec. 3246. Repeal of electric utility conservation plan. Sec. 3247. Technical amendment to Powerplant and Industrial Fuel Use Act of 1978. Sec. 3248. Emergency energy conservation repeals. Sec. 3249. Repeal of State utility regulatory assistance. Sec. 3250. Repeal of survey of energy saving potential. Sec. 3251. Repeal of photovoltaic energy program. Sec. 3252. Repeal of energy auditor training and certification. Chapter 4—Authorization Sec. 3261 Authorization. Title IV—Changing Crude Oil Market Conditions Sec. 4001. Findings. Sec. 4002. Repeal. Sec. 4003. National policy on oil export restrictions. Sec. 4004. Studies. Sec. 4005. Savings clause. Sec. 4006. Partnerships with minority serving institutions. Sec. 4007. Report. Sec. 4008. Report to Congress. Sec. 4009. Prohibition on exports of crude oil, refined petroleum products, and petrochemical products to the Islamic Republic of Iran. Title V—Other Matters Sec. 5001. Assessment of regulatory requirements. Sec. 5002. Definitions. Sec. 5003. Exclusive venue for certain civil actions relating to covered energy projects. Sec. 5004. Timely filing. Sec. 5005. Expedition in hearing and determining the action. Sec. 5006. Limitation on injunction and prospective relief. Sec. 5007. Legal standing. Sec. 5008. Study to identify legal and regulatory barriers that delay, prohibit, or impede the export of natural energy resources. Sec. 5009. Study of volatility of crude oil. Sec. 5010. Smart meter privacy rights. Sec. 5011. Youth energy enterprise competition. Sec. 5012. Modernization of terms relating to minorities. Sec. 5013. Voluntary vegetation management outside rights-of-way. Sec. 5014. Repeal of rule for new residential wood heaters. Title VI—Promoting Renewable Energy with Shared Solar Sec. 6001. Short title. Sec. 6002. Provision of interconnection service and net billing service for community solar facilities. Title VII—Marine Hydrokinetic Sec. 7001. Definition of marine and hydrokinetic renewable energy. Sec. 7002. Marine and hydrokinetic renewable energy research and development. Sec. 7003. National Marine Renewable Energy Research, Development, and Demonstration Centers. Sec. 7004. Authorization of appropriations. Title VIII—Extensions of Time for Various Federal Energy Regulatory Commission Projects Sec. 8001. Extension of time for Federal Energy Regulatory Commission project involving Clark Canyon Dam. Sec. 8002. Extension of time for Federal Energy Regulatory Commission project involving Gibson Dam. Sec. 8003. Extension of time for Federal Energy Regulatory Commission project involving Jennings Randolph Dam. Sec. 8004. Extension of time for Federal Energy Regulatory Commission project involving Cannonsville Dam. Sec. 8005. Extension of time for Federal Energy Regulatory Commission project involving Gathright Dam. Sec. 8006. Extension of time for Federal Energy Regulatory Commission project involving Flannagan Dam. Title IX—Energy and Manufacturing Workforce Development Sec. 9001. Energy and manufacturing workforce development. Sec. 9002. Report. Sec. 9003. Use of existing funds. Division B—Resilient Federal Forests Sec. 1. Short title. Sec. 2. Definitions. Title I—Expedited Environmental Analysis and Availability of Categorical Exclusions to Expedite Forest Management Activities Sec. 101. Analysis of only two alternatives (action versus no action) in proposed collaborative forest management activities. Sec. 102. Categorical exclusion to expedite certain critical response actions. Sec. 103. Categorical exclusion to expedite salvage operations in response to catastrophic events. Sec. 104. Categorical exclusion to meet forest plan goals for early successional forests. Sec. 105. Clarification of existing categorical exclusion authority related to insect and disease infestation. Sec. 106. Categorical exclusion to improve, restore, and reduce the risk of wildfire. Sec. 107. Compliance with forest plan. Title II—Salvage and Reforestation in Response to Catastrophic Events Sec. 201. Expedited salvage operations and reforestation activities following large-scale catastrophic events. Sec. 202. Compliance with forest plan. Sec. 203. Prohibition on restraining orders, preliminary injunctions, and injunctions pending appeal. Sec. 204. Exclusion of certain lands. Title III—Collaborative Project Litigation Requirement Sec. 301. Definitions. Sec. 302. Bond requirement as part of legal challenge of certain forest management activities. Title IV—Secure Rural Schools and Community Self-Determination Act Amendments Sec. 401. Use of reserved funds for title II projects on Federal land and certain non-Federal land. Sec. 402. Resource advisory committees. Sec. 403. Program for title II self-sustaining resource advisory committee projects. Sec. 404. Additional authorized use of reserved funds for title III county projects. Sec. 405. Treatment as supplemental funding. Title V—Stewardship End Result Contracting Sec. 501. Cancellation ceilings for stewardship end result contracting projects. Sec. 502. Excess offset value. Sec. 503. Payment of portion of stewardship project revenues to county in which stewardship project occurs. Sec. 504. Submission of existing annual report. Sec. 505. Fire liability provision. Title VI—Additional Funding Sources for Forest Management Activities Sec. 601. Definitions. Sec. 602. Availability of stewardship project revenues and Collaborative Forest Landscape Restoration Fund to cover forest management activity planning costs. Sec. 603. State-supported planning of forest management activities. Title VII—Tribal Forestry Participation and Protection Sec. 701. Protection of tribal forest assets through use of stewardship end result contracting and other authorities. Sec. 702. Management of Indian forest land authorized to include related National Forest System lands and public lands. Sec. 703. Tribal forest management demonstration project. Title VIII—Miscellaneous Forest Management Provisions Sec. 801. Balancing short- and long-term effects of forest management activities in considering injunctive relief. Sec. 802. Conditions on Forest Service road decommissioning. Sec. 803. Prohibition on application of Eastside Screens requirements on National Forest System lands. Sec. 804. Use of site-specific forest plan amendments for certain projects and activities. Sec. 805. Knutson-Vandenberg Act modifications. Sec. 806. Exclusion of certain National Forest System lands and public lands. Sec. 807. Application of Northwest Forest Plan Survey and Manage Mitigation Measure Standard and Guidelines. Sec. 808. Management of Bureau of Land Management lands in western Oregon. Sec. 809. Bureau of Land Management resource management plans. Sec. 810. Landscape-scale forest restoration project. Title IX—Major Disaster for Wildfire on Federal Land Sec. 901. Wildfire on Federal lands. Sec. 902. Declaration of a major disaster for wildfire on Federal lands. Sec. 903. Prohibition on transfers. Division C—Natural Resources Title I—Western Water and American Food Security Act Sec. 1001. Short title. Sec. 1002. Findings. Sec. 1003. Definitions. Subtitle A—ADJUSTING DELTA SMELT MANAGEMENT BASED ON INCREASED REAL-TIME MONITORING AND UPDATED SCIENCE Sec. 1011. Definitions. Sec. 1012. Revise incidental take level calculation for delta smelt to reflect new science. Sec. 1013. Factoring increased real-time monitoring and updated science into Delta smelt management. Subtitle B—ENSURING SALMONID MANAGEMENT IS RESPONSIVE TO NEW SCIENCE Sec. 1021. Definitions. Sec. 1022. Process for ensuring salmonid management is responsive to new science. Sec. 1023. Non-Federal program to protect native anadromous fish in the Stanislaus River. Sec. 1024. Pilot projects to implement CALFED invasive species program. Subtitle C—OPERATIONAL FLEXIBILITY AND DROUGHT RELIEF Sec. 1031. Definitions. Sec. 1032. Operational flexibility in times of drought. Sec. 1033. Operation of cross-channel gates. Sec. 1034. Flexibility for export/inflow ratio. Sec. 1035. Emergency environmental reviews. Sec. 1036. Increased flexibility for regular project operations. Sec. 1037. Temporary operational flexibility for first few storms of the water year. Sec. 1038. Expediting water transfers. Sec. 1039. Additional emergency consultation. Sec. 1040. Additional storage at New Melones. Sec. 1041. Regarding the operation of Folsom Reservoir. Sec. 1042. Applicants. Sec. 1043. San Joaquin River settlement. Sec. 1044. Program for water rescheduling. Subtitle D—CALFED STORAGE FEASIBILITY STUDIES Sec. 1051. Studies. Sec. 1052. Temperance Flat. Sec. 1053. CALFED storage accountability. Sec. 1054. Water storage project construction. Subtitle E—WATER RIGHTS PROTECTIONS Sec. 1061. Offset for State Water Project. Sec. 1062. Area of origin protections. Sec. 1063. No redirected adverse impacts. Sec. 1064. Allocations for Sacramento Valley contractors. Sec. 1065. Effect on existing obligations. Subtitle F—MISCELLANEOUS Sec. 1071. Authorized service area. Sec. 1072. Oversight board for Restoration Fund. Sec. 1073. Water supply accounting. Sec. 1074. Implementation of water replacement plan. Sec. 1075. Natural and artificially spawned species. Sec. 1076. Transfer the New Melones Unit, Central Valley Project to interested providers. Sec. 1077. Basin studies. Sec. 1078. Operations of the Trinity River Division. Sec. 1079. Amendment to purposes. Sec. 1080. Amendment to definition. Sec. 1081. Report on results of water usage. Sec. 1082. Klamath project consultation applicants. Subtitle G—Water Supply Permitting Act Sec. 1091. Short title. Sec. 1092. Definitions. Sec. 1093. Establishment of lead agency and cooperating agencies. Sec. 1094. Bureau responsibilities. Sec. 1095. Cooperating agency responsibilities. Sec. 1096. Funding to process permits. Subtitle H—Bureau of Reclamation Project Streamlining Sec. 1101. Short title. Sec. 1102. Definitions. Sec. 1103. Acceleration of studies. Sec. 1104. Expedited completion of reports. Sec. 1105. Project acceleration. Sec. 1106. Annual report to Congress. Subtitle I—Accelerated Revenue, Repayment, and Surface Water Storage Enhancement Sec. 1111. Short title. Sec. 1112. Prepayment of certain repayment contracts between the United States and contractors of federally developed water supplies. Subtitle J—Safety of Dams Sec. 1121. Authorization of additional project benefits. Subtitle K—Water Rights Protection Sec. 1131. Short title. Sec. 1132. Definition of water right. Sec. 1133. Treatment of water rights. Sec. 1134. Recognition of State authority. Sec. 1135. Effect of title. Title II—Sportsmen’s Heritage and Recreational Enhancement Act Sec. 2001. Short title. Sec. 2002. Report on economic impact. Subtitle A—Hunting, Fishing and Recreational Shooting Protection Act Sec. 2011. Short title. Sec. 2012. Modification of definition. Sec. 2013. Limitation on authority to regulate ammunition and fishing tackle. Subtitle B—Target Practice and Marksmanship Training Support Act Sec. 2021. Short title. Sec. 2022. Findings; purpose. Sec. 2023. Definition of public target range. Sec. 2024. Amendments to Pittman-Robertson Wildlife Restoration Act. Sec. 2025. Limits on liability. Sec. 2026. Sense of Congress regarding cooperation. Subtitle C—Polar Bear Conservation and Fairness Act Sec. 2031. Short title. Sec. 2032. Permits for importation of polar bear trophies taken in sport hunts in Canada. Subtitle D—Recreational Lands Self-Defense Act Sec. 2041. Short title. Sec. 2042. Protecting Americans from violent crime. Subtitle E—Wildlife and Hunting Heritage Conservation Council Advisory Committee Sec. 2051. Wildlife and Hunting Heritage Conservation Council Advisory Committee. Subtitle F—Recreational Fishing and Hunting Heritage Opportunities Act Sec. 2061. Short title. Sec. 2062. Findings. Sec. 2063. Fishing, hunting, and recreational shooting. Sec. 2064. Volunteer Hunters; Reports; Closures and Restrictions. Subtitle G—Farmer and Hunter Protection Act Sec. 2071. Short title. Sec. 2072. Baiting of migratory game birds. Subtitle H—Transporting Bows Across National Park Service Lands Sec. 2081. Short title. Sec. 2082. Bowhunting opportunity and wildlife stewardship. Subtitle I—Federal Land Transaction Facilitation Act Reauthorization (FLTFA) Sec. 2091. Short title. Sec. 2092. Federal Land Transaction Facilitation Act. Subtitle J—African Elephant Conservation and Legal Ivory Possession Act Sec. 2101. Short title. Sec. 2102. References. Sec. 2103. Placement of United States Fish and Wildlife Service law enforcement officers in each African elephant range country. Sec. 2104. Treatment of elephant ivory. Sec. 2105. African Elephant Conservation Act financial assistance priority and reauthorization. Sec. 2106. Government Accountability Office study. Subtitle K—Respect for Treaties and Rights Sec. 2111. Respect for Treaties and Rights. Subtitle L—State Approval of Fishing Restriction Sec. 2131. State or Territorial Approval of Restriction of Recreational or Commercial Fishing Access to Certain State or Territorial Waters. Subtitle M—Hunting and Recreational Fishing Within Certain National Forests Sec. 2141. Definitions. Sec. 2142. Hunting and recreational fishing within the national forest system. Sec. 2143. Publication of Closure of Roads in Forests. Subtitle N—Grand Canyon Bison Management Act Sec. 2151. Short title. Sec. 2152. Definitions. Sec. 2153. Bison management plan for Grand Canyon National Park. Subtitle O—Open Book on Equal Access to Justice Sec. 2161. Short title. Sec. 2162. Modification of equal access to justice provisions. Subtitle P—Utility terrain vehicles Sec. 2171. Utility terrain vehicles in Kisatchie National Forest. Subtitle Q—Good Samaritan Search and Recovery Sec. 2181. Short title. Sec. 2182. Expedited access to certain Federal land. Subtitle R—Interstate Transportation of Firearms or Ammunition Sec. 2191. Interstate transportation of firearms or ammunition. Subtitle S—Gray Wolves Sec. 2201. Reissuance of final rule regarding gray wolves in the Western Great Lakes. Sec. 2202. Reissuance of final rule regarding gray wolves in Wyoming. Subtitle T—Miscellaneous provisions Sec. 2211. Prohibition on issuance of final rule. Sec. 2212. Withdrawal of existing rule regarding hunting and trapping in Alaska. Title III—National Strategic and Critical Minerals Production Act Sec. 3001. Short title. Sec. 3002. Findings. Sec. 3003. Definitions. Subtitle A—Development of Domestic Sources of Strategic and Critical Minerals Sec. 3011. Improving development of strategic and critical minerals. Sec. 3012. Responsibilities of the lead agency. Sec. 3013. Conservation of the resource. Sec. 3014. Federal register process for mineral exploration and mining projects. Subtitle B—Judicial review of agency actions relating to Exploration and Mine Permits Sec. 3021. Definitions for title. Sec. 3022. Timely filings. Sec. 3023. Right to intervene. Sec. 3024. Expedition in hearing and determining the action. Sec. 3025. Limitation on prospective relief. Sec. 3026. Limitation on attorneys’ fees. Subtitle C—Miscellaneous provisions Sec. 3031. Secretarial order not affected. Title IV—Native American Energy Act Sec. 4001. Short title. Sec. 4002. Appraisals. Sec. 4003. Standardization. Sec. 4004. Environmental reviews of major Federal actions on Indian lands. Sec. 4005. Judicial review. Sec. 4006. Tribal biomass demonstration project. Sec. 4007. Tribal resource management plans. Sec. 4008. Leases of restricted lands for the Navajo Nation. Sec. 4009. Nonapplicability of certain rules. Title V—Northport irrigation early repayment Sec. 5001. Early repayment of construction costs. Title VI—Ocmulgee Mounds National Historical Park Boundary Revision Act Sec. 6001. Short title. Sec. 6002. Definitions. Sec. 6003. Ocmulgee Mounds National Historical Park. Sec. 6004. Boundary adjustment. Sec. 6005. Land acquisition; no buffer zones. Sec. 6006. Administration. Sec. 6007. Ocmulgee River corridor special resource study. Title VII—Medgar Evers House Study Act Sec. 7001. Short title. Sec. 7002. Special resource study. Title VIII—Sky Point mountain designation Sec. 8001. Findings. Sec. 8002. Sky Point. Title IX—Chief Standing Bear trail study Sec. 9001. Chief Standing Bear national historic trail feasibility study. Title X—John Muir National Historic Site Expansion Act Sec. 10001. Short title. Sec. 10002. John Muir National Historic Site land acquisition. Title XI—Arapaho National Forest Boundary Adjustment Act Sec. 11001. Short title. Sec. 11002. Arapaho National Forest boundary adjustment. Title XII—Preservation Research at Institutions Serving Minorities Act Sec. 12001. Short title. Sec. 12002. Eligibility of Hispanic-serving institutions and Asian American and Native American Pacific Islander-serving institutions for assistance for preservation education and training programs. Title XIII—Elkhorn Ranch and White River National Forest Conveyance Act Sec. 13001. Short title. Sec. 13002. Land conveyance, Elkhorn Ranch and White River National Forest, Colorado. Title XIV—National Liberty Memorial Clarification Act Sec. 14001. Short title. Sec. 14002. Compliance with certain standards for commemorative works in establishment of National Liberty Memorial. Title XV—Crags, Colorado Land Exchange Act Sec. 15001. Short title. Sec. 15002. Purposes. Sec. 15003. Definitions. Sec. 15004. Land exchange. Sec. 15005. Equal value exchange and appraisals. Sec. 15006. Miscellaneous provisions. Title XVI—Remove reversionary interest in Rockingham County land Sec. 16001. Removal of use restriction. Title XVII—Coltsville National Historical Park Sec. 17001. Amendment to Coltsville National Historical Park donation site. Title XVIII—Martin Luther King, Jr. National Historical Park Act Sec. 18001. Short title. Sec. 18002. Martin Luther King, Jr. National Historical Park. Sec. 18003. References. Title XIX—Extension of the authorization for the Gullah/Geechee Cultural Heritage Corridor Commission Sec. 19001. Extension of the authorization for the Gullah/Geechee Cultural Heritage Corridor Commission. Title XX—9/11 Memorial Act Sec. 20001. Short title. Sec. 20002. Definitions. Sec. 20003. Designation of memorial. Sec. 20004. Competitive grants for certain memorials. Title XXI—Kennesaw Mountain National Battlefield Park Boundary Adjustment Act Sec. 21001. Short title. Sec. 21002. Findings. Sec. 21003. Boundary adjustment; land acquisition; administration. Title XXII—Vehicle access at Delaware Water Gap National Recreation Area Sec. 22001. Vehicular access and fees. Sec. 22002. Definitions. Sec. 22003. Conforming amendment. Title XXIII—Gulf Islands National Seashore Land Exchange Act Sec. 23001. Short title. Sec. 23002. Land exchange, Gulf Islands National Seashore, Jackson County, Mississippi. Title XXIV—Korean War Veterans Memorial Wall of Remembrance Act Sec. 24001. Short title. Sec. 24002. Wall of Remembrance. Title XXV—National Forest Small Tracts Act Amendments Act Sec. 25001. Short title. Sec. 25002. Additional authority for sale or exchange of small parcels of National Forest System land. Title XXVI—Western Oregon Tribal Fairness Act Sec. 26001. Short title. Subtitle A—Cow Creek Umpqua Land Conveyance Sec. 26011. Short title. Sec. 26012. Definitions. Sec. 26013. Conveyance. Sec. 26014. Map and legal description. Sec. 26015. Administration. Sec. 26016. Land reclassification. Subtitle B—Coquille Forest Fairness Sec. 26021. Short title. Sec. 26022. Amendments to Coquille Restoration Act. Subtitle C—Oregon Coastal Lands Sec. 26031. Short title. Sec. 26032. Definitions. Sec. 26033. Conveyance. Sec. 26034. Map and legal description. Sec. 26035. Administration. Sec. 26036. Land reclassification. Division D—Science Title V—Department of Energy Science Sec. 501. Mission. Sec. 502. Basic energy sciences. Sec. 503. Advanced scientific computing research. Sec. 504. High energy physics. Sec. 505. Biological and environmental research. Sec. 506. Fusion energy. Sec. 507. Nuclear physics. Sec. 508. Science laboratories infrastructure program. Sec. 509. Domestic manufacturing. Sec. 510. Authorization of appropriations. Sec. 511. Definitions. Title VI—Department of Energy Applied Research and Development Subtitle A—Crosscutting Research and Development Sec. 601. Crosscutting research and development. Sec. 602. Strategic research portfolio analysis and coordination plan. Sec. 603. Strategy for facilities and infrastructure. Sec. 604. Energy Innovation Hubs. Subtitle B—Electricity Delivery and Energy Reliability Research and Development Sec. 611. Distributed energy and electric energy systems. Sec. 612. Electric transmission and distribution research and development. Subtitle C—Nuclear Energy Research and Development Sec. 621. Objectives. Sec. 622. Program objectives study. Sec. 623. Nuclear energy research and development programs. Sec. 624. Small modular reactor program. Sec. 625. Fuel cycle research and development. Sec. 626. Nuclear energy enabling technologies program. Sec. 627. Technical standards collaboration. Sec. 628. Available facilities database. Subtitle D—Energy Efficiency and Renewable Energy Research and Development Sec. 641. Energy efficiency. Sec. 642. Next Generation Lighting Initiative. Sec. 643. Building standards. Sec. 644. Secondary electric vehicle battery use program. Sec. 645. Network for Manufacturing Innovation Program. Sec. 646. Advanced Energy Technology Transfer Centers. Sec. 647. Renewable energy. Sec. 648. Bioenergy program. Sec. 649. Concentrating solar power research program. Sec. 650. Renewable energy in public buildings. Subtitle E—Fossil Energy Research and Development Sec. 661. Fossil energy. Sec. 662. Coal research, development, demonstration, and commercial application programs. Sec. 663. High efficiency gas turbines research and development. Subtitle F—Advanced Research Projects Agency–Energy Sec. 671. ARPA–E amendments. Subtitle G—Authorization of appropriations Sec. 681. Authorization of appropriations. Subtitle H—Definitions Sec. 691. Definitions. Title VII—Department of Energy Technology Transfer Subtitle A—In General Sec. 701. Definitions. Sec. 702. Savings clause. Subtitle B—Innovation Management at Department of Energy Sec. 712. Technology transfer and transitions assessment. Sec. 713. Sense of Congress. Sec. 714. Nuclear energy innovation. Subtitle C—Cross-Sector Partnerships and Grant Competitiveness Sec. 721. Agreements for Commercializing Technology pilot program. Sec. 722. Public-private partnerships for commercialization. Sec. 723. Inclusion of early-stage technology demonstration in authorized technology transfer activities. Sec. 724. Funding competitiveness for institutions of higher education and other nonprofit institutions. Sec. 725. Participation in the Innovation Corps program. Subtitle D—Assessment of Impact Sec. 731. Report by Government Accountability Office. Title XXXIII—Nuclear Energy Innovation Capabilities Sec. 3301. Short title. Sec. 3302. Nuclear energy. Sec. 3303. Nuclear energy research programs. Sec. 3304. Advanced fuel cycle initiative. Sec. 3305. University nuclear science and engineering support. Sec. 3306. Department of Energy civilian nuclear infrastructure and facilities. Sec. 3307. Security of nuclear facilities. Sec. 3308. High-performance computation and supportive research. Sec. 3309. Enabling nuclear energy innovation. Sec. 3310. Budget plan. Sec. 3311. Conforming amendments. A North American Energy Security and Infrastructure 1. Short title This division may be cited as the North American Energy Security and Infrastructure Act of 2016 . I Modernizing and Protecting Infrastructure A Energy Delivery, Reliability, and Security 1101. FERC process coordination Section 15 of the Natural Gas Act ( 15 U.S.C. 717n ) is amended— (1) by amending subsection (b)(2) to read as follows: (2) Other agencies (A) In general Each Federal and State agency considering an aspect of an application for Federal authorization shall cooperate with the Commission and comply with the deadlines established by the Commission. (B) Identification The Commission shall identify, as early as practicable after it is notified by a prospective applicant of a potential project requiring Commission authorization, any Federal or State agency, local government, or Indian tribe that may consider an aspect of an application for that Federal authorization. (C) Notification (i) In general The Commission shall notify any agency identified under subparagraph (B) of the opportunity to cooperate or participate in the review process. (ii) Deadline A notification issued under clause (i) shall establish a deadline by which a response to the notification shall be submitted, which may be extended by the Commission for good cause. ; (2) in subsection (c)— (A) in paragraph (1)— (i) by striking and at the end of subparagraph (A); (ii) by redesignating subparagraph (B) as subparagraph (C); and (iii) by inserting after subparagraph (A) the following new subparagraph: (B) set deadlines for all such Federal authorizations; and ; (B) by striking paragraph (2); and (C) by adding at the end the following new paragraphs: (2) Deadline for Federal authorizations A final decision on a Federal authorization is due no later than 90 days after the Commission issues its final environmental document, unless a schedule is otherwise established by Federal law. (3) Concurrent reviews Each Federal and State agency considering an aspect of an application for a Federal authorization shall— (A) 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; (B) formulate and implement administrative, policy, and procedural mechanisms to enable the agency to ensure completion of required Federal authorizations no later than 90 days after the Commission issues its final environmental document; and (C) transmit to the Commission a statement— (i) acknowledging receipt of the schedule established under paragraph (1); and (ii) setting forth the plan formulated under subparagraph (B) of this paragraph. (4) Issue identification and resolution (A) Identification Federal and State agencies that may consider an aspect of an application for Federal authorization shall identify, as early as possible, any issues of concern that may delay or prevent an agency from working with the Commission to resolve such issues and granting such authorization. (B) Issue Resolution The Commission may forward any issue of concern identified under subparagraph (A) to the heads of the relevant agencies (including, in the case of a failure by the State agency, the Federal agency overseeing the delegated authority) for resolution. (5) Failure to meet schedule If a Federal or State agency does not complete a proceeding for an approval that is required for a Federal authorization in accordance with the schedule established by the Commission under paragraph (1)— (A) the applicant may pursue remedies under section 19(d); and (B) the head of the relevant Federal agency (including, in the case of a failure by a State agency, the Federal agency overseeing the delegated authority) shall notify Congress and the Commission of such failure and set forth a recommended implementation plan to ensure completion of the proceeding for an approval. ; (3) by redesignating subsections (d) through (f) as subsections (g) through (i), respectively; and (4) by inserting after subsection (c) the following new subsections: (d) Remote surveys If a Federal or State agency considering an aspect of an application for Federal authorization requires the applicant to submit environmental data, the agency shall consider any such data gathered by aerial or other remote means that the applicant submits. The agency may grant a conditional approval for Federal authorization, conditioned on the verification of such data by subsequent onsite inspection. (e) Application processing The Commission, and Federal and State agencies, may allow an applicant seeking Federal authorization to fund a third-party contractor to assist in reviewing the application. (f) Accountability, transparency, efficiency For applications requiring multiple Federal authorizations, the Commission, with input from any Federal or State agency considering an aspect of an application, shall track and make available to the public on the Commission’s website information related to the actions required to complete permitting, reviews, and other actions required. Such information shall include the following: (1) The schedule established by the Commission under subsection (c)(1). (2) A list of all the actions required by each applicable agency to complete permitting, reviews, and other actions necessary to obtain a final decision on the Federal authorization. (3) The expected completion date for each such action. (4) A point of contact at the agency accountable for each such action. (5) In the event that an action is still pending as of the expected date of completion, a brief explanation of the reasons for the delay. . 1102. Resolving environmental and grid reliability conflicts (a) Compliance with or violation of environmental laws while under emergency order Section 202(c) of the Federal Power Act ( 16 U.S.C. 824a(c) ) is amended— (1) by inserting (1) after (c) ; and (2) by adding at the end the following: (2) With respect to an order issued under this subsection that may result in a conflict with a requirement of any Federal, State, or local environmental law or regulation, the Commission shall ensure that such order requires generation, delivery, interchange, or transmission of electric energy only during hours necessary to meet the emergency and serve the public interest, and, to the maximum extent practicable, is consistent with any applicable Federal, State, or local environmental law or regulation and minimizes any adverse environmental impacts. (3) To the extent any omission or action taken by a party, that is necessary to comply with an order issued under this subsection, including any omission or action taken to voluntarily comply with such order, results in noncompliance with, or causes such party to not comply with, any Federal, State, or local environmental law or regulation, such omission or action shall not be considered a violation of such environmental law or regulation, or subject such party to any requirement, civil or criminal liability, or a citizen suit under such environmental law or regulation. (4) (A) An order issued under this subsection that may result in a conflict with a requirement of any Federal, State, or local environmental law or regulation shall expire not later than 90 days after it is issued. The Commission may renew or reissue such order pursuant to paragraphs (1) and (2) for subsequent periods, not to exceed 90 days for each period, as the Commission determines necessary to meet the emergency and serve the public interest. (B) In renewing or reissuing an order under subparagraph (A), the Commission shall consult with the primary Federal agency with expertise in the environmental interest protected by such law or regulation, and shall include in any such renewed or reissued order such conditions as such Federal agency determines necessary to minimize any adverse environmental impacts to the extent practicable. The conditions, if any, submitted by such Federal agency shall be made available to the public. The Commission may exclude such a condition from the renewed or reissued order if it determines that such condition would prevent the order from adequately addressing the emergency necessitating such order and provides in the order, or otherwise makes publicly available, an explanation of such determination. (5) If an order issued under this subsection is subsequently stayed, modified, or set aside by a court pursuant to section 313 or any other provision of law, any omission or action previously taken by a party that was necessary to comply with the order while the order was in effect, including any omission or action taken to voluntarily comply with the order, shall remain subject to paragraph (3). . (b) Temporary connection or construction by municipalities Section 202(d) of the Federal Power Act ( 16 U.S.C. 824a(d) ) is amended by inserting or municipality before engaged in the transmission or sale of electric energy . 1103. Emergency preparedness for energy supply disruptions (a) Finding Congress finds that recent natural disasters have underscored the importance of having resilient oil and natural gas infrastructure and energy storage and effective ways for industry and government to communicate to address energy supply disruptions. (b) Authorization for Activities To Enhance Emergency Preparedness for Natural Disasters The Secretary of Energy shall develop and adopt procedures to— (1) improve communication and coordination between the Department of Energy’s energy response team, Federal partners, and industry; (2) leverage the Energy Information Administration’s subject matter expertise within the Department’s energy response team to improve supply chain situation assessments; (3) establish company liaisons and direct communication with the Department’s energy response team to improve situation assessments; (4) streamline and enhance processes for obtaining temporary regulatory relief to speed up emergency response and recovery; (5) facilitate and increase engagement among States, the oil and natural gas industry, the energy storage industry, and the Department in developing State and local energy assurance plans; (6) establish routine education and training programs for key government emergency response positions with the Department and States; and (7) involve States, the energy storage industry, and the oil and natural gas industry in comprehensive drill and exercise programs. (c) Cooperation The activities carried out under subsection (b) shall include collaborative efforts with State and local government officials and the private sector. (d) Report Not later than 180 days after the date of enactment of this Act, the Secretary of Energy shall submit to Congress a report describing the effectiveness of the activities authorized under this section. 1104. Critical electric infrastructure security (a) Critical electric infrastructure security Part II of the Federal Power Act ( 16 U.S.C. 824 et seq. ) is amended by adding after section 215 the following new section: 215A. Critical electric infrastructure security (a) Definitions For purposes of this section: (1) Bulk-power system; electric reliability organization; regional entity The terms bulk-power system , Electric Reliability Organization , and regional entity have the meanings given such terms in paragraphs (1), (2), and (7) of section 215(a), respectively. (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 such matters. (3) Critical electric infrastructure information The term critical electric infrastructure information means information related to critical electric infrastructure, or proposed critical electrical 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). Such term includes information that qualifies as critical energy infrastructure information under the Commission’s regulations. (4) Defense critical electric infrastructure The term defense critical electric infrastructure means any electric infrastructure located in the United States (including the territories) that serves a facility designated by the Secretary pursuant to subsection (c), but is not owned or operated by the owner or operator of such facility. (5) Electromagnetic pulse The term electromagnetic pulse means 1 or more pulses of electromagnetic energy emitted by a device capable of disabling or disrupting operation of, or destroying, electronic devices or communications networks, including hardware, software, and data, by means of such a pulse. (6) Geomagnetic storm The term geomagnetic storm means a temporary disturbance of the Earth’s magnetic field resulting from solar activity. (7) Grid security emergency The term grid security emergency means the occurrence or imminent danger of— (A) (i) a malicious act using electronic communication or an electromagnetic pulse, or a geomagnetic storm event, that could disrupt the operation of those electronic devices or communications networks, including hardware, software, and data, that are essential to the reliability of critical electric infrastructure or of defense critical electric infrastructure; and (ii) disruption of the operation of such devices or networks, with significant adverse effects on the reliability of critical electric infrastructure or of defense critical electric infrastructure, as a result of such act or event; or (B) (i) a direct physical attack on critical electric infrastructure or on defense critical electric infrastructure; and (ii) significant adverse effects on the reliability of critical electric infrastructure or of defense critical electric infrastructure as a result of such physical attack. (8) Grid security vulnerability The term grid security vulnerability means a weakness that, in the event of a malicious act using an electromagnetic pulse, would pose a substantial risk of disruption to the operation of those electrical or electronic devices or communications networks, including hardware, software, and data, that are essential to the reliability of the bulk-power system. (9) Secretary The term Secretary means the Secretary of Energy. (b) Authority To address grid security emergency (1) Authority Whenever the President issues and provides to the Secretary a written directive or determination identifying a grid security emergency, the Secretary may, with or without notice, hearing, or report, issue such orders for emergency measures as are necessary in the judgment of the Secretary to protect or restore the reliability of critical electric infrastructure or of defense critical electric infrastructure during such emergency. As soon as practicable but not later than 180 days after the date of enactment of this section, the Secretary shall, after notice and opportunity for comment, establish rules of procedure that ensure that such authority can be exercised expeditiously. (2) Notification of Congress Whenever the President issues and provides to the Secretary a written directive or determination under paragraph (1), the President shall promptly notify 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, such directive or determination. (3) Consultation Before issuing an order for emergency measures under paragraph (1), the Secretary shall, to the extent practicable in light of the nature of the grid security emergency and the urgency of the need for action, consult with appropriate governmental authorities in Canada and Mexico, entities described in paragraph (4), the Electricity Sub-sector Coordinating Council, the Commission, and other appropriate Federal agencies regarding implementation of such emergency measures. (4) Application An order for emergency measures under this subsection may apply to— (A) the Electric Reliability Organization; (B) a regional entity; or (C) any owner, user, or operator of critical electric infrastructure or of defense critical electric infrastructure within the United States. (5) Expiration and reissuance (A) In general Except as provided in subparagraph (B), an order for emergency measures issued under paragraph (1) shall expire no later than 15 days after its issuance. (B) Extensions The Secretary may reissue an order for emergency measures issued under paragraph (1) for subsequent periods, not to exceed 15 days for each such period, provided that the President, for each such period, issues and provides to the Secretary a written directive or determination that the grid security emergency identified under paragraph (1) continues to exist or that the emergency measure continues to be required. (6) Cost recovery (A) Critical electric infrastructure If the Commission determines that owners, operators, or users of critical electric infrastructure have incurred substantial costs to comply with an order for emergency measures issued under this subsection and that such costs were prudently incurred and cannot reasonably be recovered through regulated rates or market prices for the electric energy or services sold by such owners, operators, or users, the Commission shall, consistent with the requirements of section 205, after notice and an opportunity for comment, establish a mechanism that permits such owners, operators, or users to recover such costs. (B) Defense critical electric infrastructure To the extent the owner or operator of defense critical electric infrastructure is required to take emergency measures pursuant to an order issued under this subsection, the owners or operators of a critical defense facility or facilities designated by the Secretary pursuant to subsection (c) that rely upon such infrastructure shall bear the full incremental costs of the measures. (7) Temporary access to classified information The Secretary, and other appropriate Federal agencies, shall, to the extent practicable and consistent with their obligations to protect classified information, provide temporary access to classified information related to a grid security emergency for which emergency measures are issued under paragraph (1) to key personnel of any entity subject to such emergency measures to enable optimum communication between the entity and the Secretary and other appropriate Federal agencies regarding the grid security emergency. (c) Designation of critical defense facilities Not later than 180 days after the date of enactment of this section, the Secretary, in consultation with other appropriate Federal agencies and appropriate owners, users, or operators of infrastructure that may be defense critical electric infrastructure, shall identify and designate facilities located in the United States (including the territories) that are— (1) critical to the defense of the United States; and (2) vulnerable to a disruption of the supply of electric energy provided to such facility by an external provider. The Secretary may, in consultation with appropriate Federal agencies and appropriate owners, users, or operators of defense critical electric infrastructure, periodically revise the list of designated facilities as necessary. (d) Protection and sharing of critical electric infrastructure information (1) Protection of critical electric infrastructure information 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 Federal, State, political subdivision or tribal authority pursuant to any Federal, State, political subdivision or tribal law requiring public disclosure of information or records. (2) Designation and sharing of critical electric infrastructure information Not later than one 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 to— (A) designate information as critical electric infrastructure information; (B) prohibit the unauthorized disclosure of critical electric infrastructure information; (C) 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; and (D) taking into account standards of the Electric Reliability Organization, facilitate voluntary sharing of critical electric infrastructure information with, between, and by— (i) Federal, State, political subdivision, and tribal authorities; (ii) the Electric Reliability Organization; (iii) regional entities; (iv) information sharing and analysis centers established pursuant to Presidential Decision Directive 63; (v) owners, operators, and users of critical electric infrastructure in the United States; and (vi) other entities determined appropriate by the Commission. (3) Considerations In promulgating regulations and issuing orders under paragraph (2), the Commission shall take into consideration the role of State commissions in reviewing the prudence and cost of investments, determining the rates and terms of conditions for electric services, and ensuring the safety and reliability of the bulk-power system and distribution facilities within their respective jurisdictions. (4) Protocols The Commission shall, in consultation with Canadian and Mexican authorities, develop protocols for the voluntary sharing of critical electric infrastructure information with Canadian and Mexican authorities and owners, operators, and users of the bulk-power system outside the United States. (5) No required sharing of information Nothing in this section shall require a person or entity in possession of critical electric infrastructure information to share such information with Federal, State, political subdivision, or tribal authorities, or any other person or entity. (6) Submission of information to Congress Nothing in this section shall permit or authorize the withholding of information from Congress, any committee or subcommittee thereof, or the Comptroller General. (7) Disclosure of protected information In implementing this section, the Commission shall segregate critical electric infrastructure information or information that reasonably could be expected to lead to the disclosure of the 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. (8) Duration of designation Information may not be designated as critical electric infrastructure information for longer than 5 years, unless specifically re-designated by the Commission. (9) Removal of designation The Commission shall remove the designation of critical electric infrastructure information, in whole or in part, from a document or electronic communication if the Commission determines that the unauthorized disclosure of such information could no longer be used to impair the security or reliability of the bulk-power system or distribution facilities. (10) Judicial review of designations Notwithstanding section 313(b), any determination by the Commission concerning the designation of critical electric infrastructure information under this subsection shall be subject to review under chapter 7 of title 5, United States Code, except that such review shall be brought in the district court of the United States in the district in which the complainant resides, or has his principal place of business, or in the District of Columbia. In such a case the court shall examine in camera the contents of documents or electronic communications that are the subject of the determination under review to determine whether such documents or any part thereof were improperly designated or not designated as critical electric infrastructure information. (e) Measures to address grid security vulnerabilities (1) Commission authority (A) Reliability standards If the Commission, in consultation with appropriate Federal agencies, identifies a grid security vulnerability that the Commission determines has not adequately been addressed through a reliability standard developed and approved under section 215, the Commission shall, after notice and opportunity for comment and after consultation with the Secretary, other appropriate Federal agencies, and appropriate governmental authorities in Canada and Mexico, issue an order directing the Electric Reliability Organization to submit to the Commission for approval under section 215, not later than 30 days after the issuance of such order, a reliability standard requiring implementation, by any owner, operator, or user of the bulk-power system in the United States, of measures to protect the bulk-power system against such vulnerability. Any such standard shall include a protection plan, including automated hardware-based solutions. The Commission shall approve a reliability standard submitted pursuant to this subparagraph, unless the Commission determines that such reliability standard does not adequately protect against such vulnerability or otherwise does not satisfy the requirements of section 215. (B) Measures to address grid security vulnerabilities If the Commission, after notice and opportunity for comment and after consultation with the Secretary, other appropriate Federal agencies, and appropriate governmental authorities in Canada and Mexico, determines that the reliability standard submitted by the Electric Reliability Organization to address a grid security vulnerability identified under subparagraph (A) does not adequately protect the bulk-power system against such vulnerability, the Commission shall promulgate a rule or issue an order requiring implementation, by any owner, operator, or user of the bulk-power system in the United States, of measures to protect the bulk-power system against such vulnerability. Any such rule or order shall include a protection plan, including automated hardware-based solutions. Before promulgating a rule or issuing an order under this subparagraph, the Commission shall, to the extent practicable in light of the urgency of the need for action to address the grid security vulnerability, request and consider recommendations from the Electric Reliability Organization regarding such rule or order. The Commission may establish an appropriate deadline for the submission of such recommendations. (2) Rescission The Commission shall approve a reliability standard developed under section 215 that addresses a grid security vulnerability that is the subject of a rule or order under paragraph (1)(B), unless the Commission determines that such reliability standard does not adequately protect against such vulnerability or otherwise does not satisfy the requirements of section 215. Upon such approval, the Commission shall rescind the rule promulgated or order issued under paragraph (1)(B) addressing such vulnerability, effective upon the effective date of the newly approved reliability standard. (3) Geomagnetic storms and electromagnetic pulse Not later than 6 months after the date of enactment of this section, the Commission shall, after notice and an opportunity for comment and after consultation with the Secretary and other appropriate Federal agencies, issue an order directing the Electric Reliability Organization to submit to the Commission for approval under section 215, not later than 6 months after the issuance of such order, reliability standards adequate to protect the bulk-power system from any reasonably foreseeable geomagnetic storm or electromagnetic pulse event. The Commission’s order shall specify the nature and magnitude of the reasonably foreseeable events against which such standards must protect. Such standards shall appropriately balance the risks to the bulk-power system associated with such events, including any regional variation in such risks, the costs of mitigating such risks, and the priorities and timing associated with implementation. If the Commission determines that the reliability standards submitted by the Electric Reliability Organization pursuant to this paragraph are inadequate, the Commission shall promulgate a rule or issue an order adequate to protect the bulk-power system from geomagnetic storms or electromagnetic pulse as required under paragraph (1)(B). (4) Large transformer availability Not later than 1 year after the date of enactment of this section, the Commission shall, after notice and an opportunity for comment and after consultation with the Secretary and other appropriate Federal agencies, issue an order directing the Electric Reliability Organization to submit to the Commission for approval under section 215, not later than 1 year after the issuance of such order, reliability standards addressing availability of large transformers. Such standards shall require entities that own or operate large transformers to ensure, individually or jointly, adequate availability of large transformers to promptly restore the reliable operation of the bulk-power system in the event that any such transformer is destroyed or disabled as a result of a geomagnetic storm event or electromagnetic pulse event. The Commission’s order shall specify the nature and magnitude of the reasonably foreseeable events that shall provide the basis for such standards. Such standards shall— (A) provide entities subject to the standards with the option of meeting such standards individually or jointly; and (B) appropriately balance the risks associated with a reasonably foreseeable event, including any regional variation in such risks, and the costs of ensuring adequate availability of spare transformers. (5) Certain Federal entities For the 11-year period commencing on the date of enactment of this section, the Tennessee Valley Authority and the Bonneville Power Administration shall be exempt from any requirement under this subsection. (f) Security clearances The Secretary shall facilitate and, to the extent practicable, expedite the acquisition of adequate security clearances by key personnel of any entity subject to the requirements of this section, to enable optimum communication with Federal agencies regarding threats to the security of the critical electric infrastructure. The Secretary, the Commission, and other appropriate Federal agencies shall, to the extent practicable and consistent with their obligations to protect classified and critical electric infrastructure information, share timely actionable information regarding grid security with appropriate key personnel of owners, operators, and users of the critical electric infrastructure. (g) Clarifications of liability (1) Compliance with or violation of this Act Except as provided in paragraph (4), to the extent any action or omission taken by an entity that is necessary to comply with an order for emergency measures issued under subsection (b)(1), including any action or omission taken to voluntarily comply with such order, results in noncompliance with, or causes such entity not to comply with any rule, order, regulation, or provision of this Act, including any reliability standard approved by the Commission pursuant to section 215, such action or omission shall not be considered a violation of such rule, order, regulation, or provision. (2) Relation to section 202(c) Except as provided in paragraph (4), an action or omission taken by an owner, operator, or user of critical electric infrastructure or of defense critical electric infrastructure to comply with an order for emergency measures issued under subsection (b)(1) shall be treated as an action or omission taken to comply with an order issued under section 202(c) for purposes of such section. (3) Sharing or receipt of information No cause of action shall lie or be maintained in any Federal or State court for the sharing or receipt of information under, and that is conducted in accordance with, subsection (d). (4) Rule of construction Nothing in this subsection shall be construed to require dismissal of a cause of action against an entity that, in the course of complying with an order for emergency measures issued under subsection (b)(1) by taking an action or omission for which they would be liable but for paragraph (1) or (2), takes such action or omission in a grossly negligent manner. . (b) Conforming amendments (1) Jurisdiction Section 201(b)(2) of the Federal Power Act ( 16 U.S.C. 824(b)(2) ) is amended by inserting 215A, after 215, each place it appears. (2) Public utility Section 201(e) of the Federal Power Act ( 16 U.S.C. 824(e) ) is amended by inserting 215A, after 215, . 1105. Strategic Transformer Reserve (a) Finding Congress finds that the storage of strategically located spare large power transformers and emergency mobile substations will reduce the vulnerability of the United States to multiple risks facing electric grid reliability, including physical attack, cyber attack, electromagnetic pulse, geomagnetic disturbances, severe weather, and seismic events. (b) Definitions In this section: (1) Bulk-power system The term bulk-power system has the meaning given such term in section 215(a) of the Federal Power Act ( 16 U.S.C. 824o(a) ). (2) Critically damaged large power transformer The term critically damaged large power transformer means a large power transformer that— (A) has sustained extensive damage such that— (i) repair or refurbishment is not economically viable; or (ii) the extensive time to repair or refurbish the large power transformer would create an extended period of instability in the bulk-power system; and (B) prior to sustaining such damage, was part of the bulk-power system. (3) Critical electric infrastructure The term critical electric infrastructure has the meaning given that term in section 215A of the Federal Power Act. (4) Electric Reliability Organization The term Electric Reliability Organization has the meaning given such term in section 215(a) of the Federal Power Act ( 16 U.S.C. 824o(a) ). (5) Emergency mobile substation The term emergency mobile substation means a mobile substation or mobile transformer that is— (A) assembled and permanently mounted on a trailer that is capable of highway travel and meets relevant Department of Transportation regulations; and (B) intended for express deployment and capable of being rapidly placed into service. (6) Large power transformer The term large power transformer means a power transformer with a maximum nameplate rating of 100 megavolt-amperes or higher, including related critical equipment, that is, or is intended to be, a part of the bulk-power system. (7) Secretary The term Secretary means the Secretary of Energy. (8) Spare large power transformer The term spare large power transformer means a large power transformer that is stored within the Strategic Transformer Reserve to be available to temporarily replace a critically damaged large power transformer. (c) Strategic Transformer Reserve plan (1) Plan Not later than 1 year after the date of enactment of this Act, the Secretary, acting through the Office of Electricity Delivery and Energy Reliability, shall, in consultation with the Federal Energy Regulatory Commission, the Electricity Sub-sector Coordinating Council, the Electric Reliability Organization, and owners and operators of critical electric infrastructure and defense and military installations, prepare and submit to Congress a plan to establish a Strategic Transformer Reserve for the storage, in strategically located facilities, of spare large power transformers and emergency mobile substations in sufficient numbers to temporarily replace critically damaged large power transformers and substations that are critical electric infrastructure or serve defense and military installations. (2) Inclusions The Strategic Transformer Reserve plan shall include a description of— (A) the appropriate number and type of spare large power transformers necessary to provide or restore sufficient resiliency to the bulk-power system, critical electric infrastructure, and defense and military installations to mitigate significant impacts to the electric grid resulting from— (i) physical attack; (ii) cyber attack; (iii) electromagnetic pulse attack; (iv) geomagnetic disturbances; (v) severe weather; or (vi) seismic events; (B) other critical electric grid equipment for which an inventory of spare equipment, including emergency mobile substations, is necessary to provide or restore sufficient resiliency to the bulk-power system, critical electric infrastructure, and defense and military installations; (C) the degree to which utility sector actions or initiatives, including individual utility ownership of spare equipment, joint ownership of spare equipment inventory, sharing agreements, or other spare equipment reserves or arrangements, satisfy the needs identified under subparagraphs (A) and (B); (D) the potential locations for, and feasibility and appropriate number of, strategic storage locations for reserve equipment, including consideration of— (i) the physical security of such locations; (ii) the protection of the confidentiality of such locations; and (iii) the proximity of such locations to sites of potentially critically damaged large power transformers and substations that are critical electric infrastructure or serve defense and military installations, so as to enable efficient delivery of equipment to such sites; (E) the necessary degree of flexibility of spare large power transformers to be included in the Strategic Transformer Reserve to conform to different substation configurations, including consideration of transformer— (i) power and voltage rating for each winding; (ii) overload requirements; (iii) impedance between windings; (iv) configuration of windings; and (v) tap requirements; (F) an estimate of the direct cost of the Strategic Transformer Reserve, as proposed, including— (i) the cost of storage facilities; (ii) the cost of the equipment; and (iii) management, maintenance, and operation costs; (G) the funding options available to establish, stock, manage, and maintain the Strategic Transformer Reserve, including consideration of fees on owners and operators of bulk-power system facilities, critical electric infrastructure, and defense and military installations relying on the Strategic Transformer Reserve, use of Federal appropriations, and public-private cost-sharing options; (H) the ease and speed of transportation, installation, and energization of spare large power transformers to be included in the Strategic Transformer Reserve, including consideration of factors such as— (i) transformer transportation weight; (ii) transformer size; (iii) topology of critical substations; (iv) availability of appropriate transformer mounting pads; (v) flexibility of the spare large power transformers as described in subparagraph (E); and (vi) ability to rapidly transition a spare large power transformer from storage to energization; (I) eligibility criteria for withdrawal of equipment from the Strategic Transformer Reserve; (J) the process by which owners or operators of critically damaged large power transformers or substations that are critical electric infrastructure or serve defense and military installations may apply for a withdrawal from the Strategic Transformer Reserve; (K) the process by which equipment withdrawn from the Strategic Transformer Reserve is returned to the Strategic Transformer Reserve or is replaced; (L) possible fees to be paid by users of equipment withdrawn from the Strategic Transformer Reserve; (M) possible fees to be paid by owners and operators of large power transformers and substations that are critical electric infrastructure or serve defense and military installations to cover operating costs of the Strategic Transformer Reserve; (N) the domestic and international large power transformer supply chain; (O) the potential reliability, cost, and operational benefits of including emergency mobile substations in any Strategic Transformer Reserve established under this section; and (P) other considerations for designing, constructing, stocking, funding, and managing the Strategic Transformer Reserve. (d) Establishment The Secretary may establish a Strategic Transformer Reserve in accordance with the plan prepared pursuant to subsection (c) after the date that is 6 months after the date on which such plan is submitted to Congress. (e) Disclosure of information Any information included in the Strategic Transformer Reserve plan, or shared in the preparation and development of such plan, the disclosure of which the agency reasonably foresees would cause harm to critical electric infrastructure, shall be deemed to be critical electric infrastructure information for purposes of section 215A(d) of the Federal Power Act. 1106. Cyber Sense (a) In General The Secretary of Energy shall establish a voluntary Cyber Sense program to identify and promote cyber-secure products intended for use in the bulk-power system, as defined in section 215(a) of the Federal Power Act ( 16 U.S.C. 824o(a) ). (b) Program requirements In carrying out subsection (a), the Secretary of Energy shall— (1) establish a Cyber Sense testing process to identify products and technologies intended for use in the bulk-power system, including products relating to industrial control systems, such as supervisory control and data acquisition systems; (2) for products tested and identified under the Cyber Sense program, establish and maintain cybersecurity vulnerability reporting processes and a related database; (3) promulgate regulations regarding vulnerability reporting processes for products tested and identified under the Cyber Sense program; (4) provide technical assistance to utilities, product manufacturers, and other electric sector stakeholders to develop solutions to mitigate identified vulnerabilities in products tested and identified under the Cyber Sense program; (5) biennially review products tested and identified under the Cyber Sense program for vulnerabilities and provide analysis with respect to how such products respond to and mitigate cyber threats; (6) develop procurement guidance for utilities for products tested and identified under the Cyber Sense program; (7) provide reasonable notice to the public, and solicit comments from the public, prior to establishing or revising the Cyber Sense testing process; (8) oversee Cyber Sense testing carried out by third parties; and (9) consider incentives to encourage the use in the bulk-power system of products tested and identified under the Cyber Sense program. (c) Disclosure of information Any vulnerability reported pursuant to regulations promulgated under subsection (b)(3), the disclosure of which the agency reasonably foresees would cause harm to critical electric infrastructure (as defined in section 215A of the Federal Power Act), shall be deemed to be critical electric infrastructure information for purposes of section 215A(d) of the Federal Power Act. (d) Federal Government liability Consistent with other voluntary Federal Government certification programs, nothing in this section shall be construed to authorize the commencement of an action against the United States Government with respect to the testing and identification of a product under the Cyber Sense program. 1107. State coverage and consideration of PURPA standards for electric utilities (a) State consideration of resiliency and advanced energy analytics technologies and reliable generation (1) Consideration Section 111(d) of the Public Utility Regulatory Policies Act of 1978 ( 16 U.S.C. 2621(d) ) is amended by adding the following at the end: (20) Improving the resilience of electric infrastructure (A) In general Each electric utility shall develop a plan to use resiliency-related technologies, upgrades, measures, and other approaches designed to improve the resilience of electric infrastructure, mitigate power outages, continue delivery of vital services, and maintain the flow of power to facilities critical to public health, safety, and welfare, to the extent practicable using the most current data, metrics, and frameworks related to current and future threats, including physical and cyber attacks, electromagnetic pulse attacks, geomagnetic disturbances, seismic events, and severe weather and other environmental stressors. (B) Resiliency-related technologies For purposes of this paragraph, examples of resiliency-related technologies, upgrades, measures, and other approaches include— (i) hardening, or other enhanced protection, of utility poles, wiring, cabling, and other distribution components, facilities, or structures; (ii) advanced grid technologies capable of isolating or repairing problems remotely, such as advanced metering infrastructure, high-tech sensors, grid monitoring and control systems, and remote reconfiguration and redundancy systems; (iii) cybersecurity products and components; (iv) distributed generation, including back-up generation to power critical facilities and essential services, and related integration components, such as advanced inverter technology; (v) microgrid systems, including hybrid microgrid systems for isolated communities; (vi) combined heat and power; (vii) waste heat resources; (viii) non-grid-scale energy storage technologies; (ix) wiring, cabling, and other distribution components, including submersible distribution components, and enclosures; (x) electronically controlled reclosers and similar technologies for power restoration, including emergency mobile substations, as defined in section 1105 of the North American Energy Security and Infrastructure Act of 2016 ; (xi) advanced energy analytics technology, such as Internet-based and cloud-based computing solutions and subscription licensing models; (xii) measures that enhance resilience through planning, preparation, response, and recovery activities; (xiii) operational capabilities to enhance resilience through rapid response recovery; and (xiv) measures to ensure availability of key critical components through contracts, cooperative agreements, stockpiling and prepositioning, or other measures. (C) Rate recovery Each State regulatory authority (with respect to each electric utility for which it has ratemaking authority) shall consider authorizing each such electric utility to recover any capital, operating expenditure, or other costs of the electric utility related to the procurement, deployment, or use of resiliency-related technologies, including a reasonable rate of return on the capital expenditures of the electric utility for the procurement, deployment, or use of resiliency-related technologies. (21) Promoting investments in advanced energy analytics technology (A) In general Each electric utility shall develop and implement a plan for deploying advanced energy analytics technology. (B) Rate recovery Each State regulatory authority (with respect to each electric utility for which it has ratemaking authority) shall consider confirming and clarifying, if necessary, that each such electric utility is authorized to recover the costs of the electric utility relating to the procurement, deployment, or use of advanced energy analytics technology, including a reasonable rate of return on all such costs incurred by the electric utility for the procurement, deployment, or use of advanced energy analytics technology, provided such technology is used by the electric utility for purposes of realizing operational efficiencies, cost savings, enhanced energy management and customer engagement, improvements in system reliability, safety, and cybersecurity, or other benefits to ratepayers. (C) Advanced energy analytics technology For purposes of this paragraph, examples of advanced energy analytics technology include Internet-based and cloud-based computing solutions and subscription licensing models, including software as a service that uses cyber-physical systems to allow the correlation of data aggregated from appropriate data sources and smart grid sensor networks, employs analytics and machine learning, or employs other advanced computing solutions and models. (22) Assuring electric reliability with reliable generation (A) Assurance of electric reliability Each electric utility shall adopt or modify policies to ensure that such electric utility incorporates reliable generation into its integrated resource plan to assure the availability of electric energy over a 10-year planning period. (B) Reliable generation For purposes of this paragraph, reliable generation means electric generation facilities with reliability attributes that include— (i) (I) possession of adequate fuel on-site to enable operation for an extended period of time; (II) the operational ability to generate electric energy from more than one source; or (III) fuel certainty, through firm contractual obligations (which may not be required to be for a period longer than one year), that ensures adequate fuel supply to enable operation, for an extended period of time, for the duration of an emergency or severe weather conditions; (ii) operational characteristics that enable the generation of electric energy for the duration of an emergency or severe weather conditions; and (iii) unless procured through other procurement mechanisms, essential reliability services, including frequency support and regulation services. (23) Subsidization of customer-side technology (A) Consideration To the extent that a State regulatory authority may require or allow rates charged by any electric utility for which it has ratemaking authority to electric consumers that do not use a customer-side technology to include any cost, fee, or charge that directly or indirectly cross-subsidizes the deployment, construction, maintenance, or operation of that customer-side technology, such authority shall evaluate whether subsidizing the deployment, construction, maintenance, or operation of a customer-side technology would— (i) result in benefits predominately enjoyed by only the users of that customer-side technology; (ii) shift costs of a customer-side technology to electricity consumers that do not use that customer-side technology, particularly where disparate economic or resource conditions exist among the electricity consumers cross-subsidizing the costumer-side technology; (iii) negatively affect resource utilization, fuel diversity, or grid security; (iv) provide any unfair competitive advantage to market the customer-side technology; and (v) be necessary to fulfill an obligation to serve electric consumers. (B) Public notice Each State regulatory authority shall make available to the public the evaluation completed under subparagraph (A) at least 90 days prior to any proceedings in which such authority considers the cross-subsidization of a customer-side technology. (C) Customer-side technology For purposes of this paragraph, the term customer-side technology means a device connected to the electricity distribution system— (i) at, or on the customer side of, the meter; or (ii) that, if owned or operated by or on behalf of an electric utility, would otherwise be at, or on the customer side of, the meter. . (2) Compliance (A) Time limitations Section 112(b) of the Public Utility Regulatory Policies Act of 1978 ( 16 U.S.C. 2622(b) ) is amended by adding at the end the following: (7) (A) Not later than 1 year after the date of enactment of this paragraph, each State regulatory authority (with respect to each electric utility for which it has ratemaking authority) and each nonregulated electric utility, as applicable, shall commence the consideration referred to in section 111, or set a hearing date for consideration, with respect to the standards established by paragraphs (20), (22), and (23) of section 111(d). (B) Not later than 2 years after the date of the enactment of this paragraph, each State regulatory authority (with respect to each electric utility for which it has ratemaking authority) and each nonregulated electric utility, as applicable, shall complete the consideration, and shall make the determination, referred to in section 111 with respect to each standard established by paragraphs (20), (22), and (23) of section 111(d). (8) (A) Not later than 6 months after the date of enactment of this paragraph, each State regulatory authority (with respect to each electric utility for which it has ratemaking authority) and each nonregulated electric utility shall commence the consideration referred to in section 111, or set a hearing date for consideration, with respect to the standard established by paragraph (21) of section 111(d). (B) Not later than 1 year after the date of enactment of this paragraph, each State regulatory authority (with respect to each electric utility for which it has ratemaking authority) and each nonregulated electric utility shall complete the consideration, and shall make the determination, referred to in section 111 with respect to the standard established by paragraph (21) of section 111(d). . (B) Failure to comply Section 112(c) of the Public Utility Regulatory Policies Act of 1978 ( 16 U.S.C. 2622(c) ) is amended by adding the following at the end: In the case of the standards established by paragraphs (20) through (23) of section 111(d), the reference contained in this subsection to the date of enactment of this Act shall be deemed to be a reference to the date of enactment of such paragraphs. . (C) Prior State actions Section 112 of the Public Utility Regulatory Policies Act of 1978 ( 16 U.S.C. 2622 ) is amended by adding at the end the following new subsection: (g) Prior State actions Subsections (b) and (c) of this section shall not apply to a standard established by paragraph (20), (21), (22), or (23) of section 111(d) in the case of any electric utility in a State if— (1) before the date of enactment of this subsection, the State has implemented for such utility the standard concerned (or a comparable standard); (2) the State regulatory authority for such State or relevant nonregulated electric utility has conducted a proceeding to consider implementation of the standard concerned (or a comparable standard) for such utility during the 3-year period ending on the date of enactment of this subsection; or (3) the State legislature has voted on the implementation of the standard concerned (or a comparable standard) for such utility during the 3-year period ending on the date of enactment of this subsection. . (b) Coverage for competitive markets Section 102 of the Public Utility Regulatory Policies Act of 1978 ( 16 U.S.C. 2612 ) is amended by adding at the end the following: (d) Coverage for competitive markets The requirements of this title do not apply to the operations of an electric utility, or to proceedings respecting such operations, to the extent that such operations or proceedings, or any portion thereof, relate to the competitive sale of retail electric energy that is unbundled or separated from the regulated provision or sale of distribution service. . 1108. Reliability analysis for certain rules that affect electric generating facilities (a) Applicability This section shall apply with respect to any proposed or final covered rule issued by a Federal agency for which compliance with the rule may impact an electric utility generating unit or units, including by resulting in closure or interruption to operations of such a unit or units. (b) Reliability analysis (1) Analysis of rules The Federal Energy Regulatory Commission, in consultation with the Electric Reliability Organization, shall conduct an independent reliability analysis of a proposed or final covered rule under this section to evaluate the anticipated effects of implementation and enforcement of the rule on— (A) electric reliability and resource adequacy; (B) the electricity generation portfolio of the United States; (C) the operation of wholesale electricity markets; and (D) energy delivery and infrastructure, including electric transmission facilities and natural gas pipelines. (2) Relevant information (A) Materials from Federal agencies A Federal agency shall provide to the Commission materials and information relevant to the analysis required under paragraph (1) for a rule, including relevant data, modeling, and resource adequacy and reliability assessments, prepared or relied upon by such agency in developing the rule. (B) Analyses from other entities The Electric Reliability Organization, regional entities, regional transmission organizations, independent system operators, and other reliability coordinators and planning authorities shall timely conduct analyses and provide such information as may be reasonably requested by the Commission. (3) Notice A Federal agency shall provide to the Commission notice of the issuance of any proposed or final covered rule not later than 15 days after the date of such issuance. (c) Proposed rules Not later than 150 days after the date of publication in the Federal Register of a proposed rule described in subsection (a), the Federal Energy Regulatory Commission shall make available to the public an analysis of the proposed rule conducted in accordance with subsection (b), and any relevant special assessment or seasonal or long-term reliability assessment completed by the Electric Reliability Organization. (d) Final rules (1) Inclusion A final rule described in subsection (a) shall include, if available at the time of issuance, a copy of the analysis conducted pursuant to subsection (c) of the rule as proposed. (2) Analysis Not later than 120 days after the date of publication in the Federal Register of a final rule described in subsection (a), the Federal Energy Regulatory Commission shall make available to the public an analysis of the final rule conducted in accordance with subsection (b), and any relevant special assessment or seasonal or long-term reliability assessment completed by the Electric Reliability Organization. (e) Definitions In this section: (1) Electric Reliability Organization The term Electric Reliability Organization has the meaning given to such term in section 215(a) of the Federal Power Act ( 16 U.S.C. 824o(a) ). (2) Federal agency The term Federal agency means an agency, as that term is defined in section 551 of title 5, United States Code. (3) Covered rule The term covered rule means a proposed or final rule that is estimated by the Federal agency issuing the rule, or the Director of the Office of Management and Budget, to result in an annual effect on the economy of $1,000,000,000 or more. 1109. Increased accountability with respect to carbon capture, utilization, and sequestration projects (a) DOE evaluation (1) In general The Secretary of Energy (in this section referred to as the Secretary ) shall, in accordance with this section, annually conduct an evaluation, and make recommendations, with respect to each project conducted by the Secretary for research, development, demonstration, or deployment of carbon capture, utilization, and sequestration technologies (also known as carbon capture and storage and utilization technologies). (2) Scope For purposes of this section, a project includes any contract, lease, cooperative agreement, or other similar transaction with a public agency or private organization or person, entered into or performed, or any payment made, by the Secretary for research, development, demonstration, or deployment of carbon capture, utilization, and sequestration technologies. (b) Requirements for evaluation In conducting an evaluation of a project under this section, the Secretary shall— (1) examine if the project has made advancements toward achieving any specific goal of the project with respect to a carbon capture, utilization, and sequestration technology; and (2) evaluate and determine if the project has made significant progress in advancing a carbon capture, utilization, and sequestration technology. (c) Recommendations For each evaluation of a project conducted under this section, if the Secretary determines that— (1) significant progress in advancing a carbon capture, utilization, and sequestration technology has been made, the Secretary shall assess the funding of the project and make a recommendation as to whether increased funding is necessary to advance the project; or (2) significant progress in advancing a carbon capture, utilization, and sequestration technology has not been made, the Secretary shall— (A) assess the funding of the project and make a recommendation as to whether increased funding is necessary to advance the project; (B) assess and determine if the project has reached its full potential; and (C) make a recommendation as to whether the project should continue. (d) Reports (1) Report on evaluations and recommendations Not later than 2 years after the date of enactment of this Act, and every 2 years thereafter, the Secretary shall— (A) issue a report on the evaluations conducted and recommendations made during the previous year pursuant to this section; and (B) make each such report available on the Internet website of the Department of Energy. (2) Report Not later than 2 years after the date of enactment of this Act, and every 3 years thereafter, the Secretary shall submit to the Subcommittee on Energy and Power of the Committee on Energy and Commerce and the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Energy and Natural Resources and the Committee on Commerce, Science, and Transportation of the Senate a report on— (A) the evaluations conducted and recommendations made during the previous 3 years pursuant to this section; and (B) the progress of the Department of Energy in advancing carbon capture, utilization, and sequestration technologies, including progress in achieving the Department of Energy’s goal of having an array of advanced carbon capture and sequestration technologies ready by 2020 for large-scale demonstration. 1110. Reliability and performance assurance in Regional Transmission Organizations Part II of the Federal Power Act ( 16 U.S.C. 824 et seq. ), as amended by section 1104, is further amended by adding after section 215A the following new section: 215B. Reliability and performance assurance in Regional Transmission Organizations (a) Existing capacity markets (1) Analysis concerning capacity market design Not later than 180 days after the date of enactment of this section, each Regional Transmission Organization, and each Independent System Operator, that operates a capacity market, or a comparable market intended to ensure the procurement and availability of sufficient future electric energy resources, that is subject to the jurisdiction of the Commission, shall provide to the Commission an analysis of how the structure of such market meets the following criteria: (A) The structure of such market utilizes competitive market forces to the extent practicable in procuring capacity resources. (B) Consistent with subparagraph (A), the structure of such market includes resource-neutral performance criteria that ensure the procurement of sufficient capacity from physical generation facilities that have reliability attributes that include— (i) (I) possession of adequate fuel on-site to enable operation for an extended period of time; (II) the operational ability to generate electric energy from more than one fuel source; or (III) fuel certainty, through firm contractual obligations, that ensures adequate fuel supply to enable operation, for an extended period of time, for the duration of an emergency or severe weather conditions; (ii) operational characteristics that enable the generation of electric energy for the duration of an emergency or severe weather conditions; and (iii) unless procured through other markets or procurement mechanisms, essential reliability services, including frequency support and regulation services. (2) Commission evaluation and report Not later than 1 year after the date of enactment of this section, the Commission shall make publicly available, and submit to the Committee on Energy and Commerce in the House of Representatives and the Committee on Energy and Natural Resources in the Senate, a report containing— (A) evaluation of whether the structure of each market addressed in an analysis submitted pursuant to paragraph (1) meets the criteria under such paragraph, based on the analysis; and (B) to the extent a market so addressed does not meet such criteria, any recommendations with respect to the procurement of sufficient capacity, as described in paragraph (1)(B). (b) Commission evaluation and report for new schedules (1) Inclusion of analysis in filing Except as provided in subsection (a)(2), whenever a Regional Transmission Organization or Independent System Operator files a new schedule under section 205 to establish a market described in subsection (a)(1), or that substantially modifies the capacity market design of a market described in subsection (a)(1), the Regional Transmission Organization or Independent System Operator shall include in any such filing the analysis required by subsection (a)(1). (2) Evaluation and report Not later than 180 days of receiving an analysis under paragraph (1), the Commission shall make publicly available, and submit to the Committee on Energy and Commerce in the House of Representatives and the Committee on Energy and Natural Resources in the Senate, a report containing— (A) an evaluation of whether the structure of the market addressed in the analysis meets the criteria under subsection (a)(1), based on the analysis; and (B) to the extent the market does not meet such criteria, any recommendations with respect to the procurement of sufficient capacity, as described in subsection (a)(1)(B). (c) Effect on existing approvals Nothing in this section shall be considered to— (1) require a modification of the Commission’s approval of the capacity market design approved pursuant to docket numbers ER15–623–000, EL15–29–000, EL14–52–000, and ER14–2419–000; or (2) provide grounds for the Commission to grant rehearing or otherwise modify orders issued in those dockets. . 1111. Ethane storage study (a) In general The Secretary of Energy and the Secretary of Commerce, in consultation with other relevant agencies and stakeholders, shall conduct a study on the feasibility of establishing an ethane storage and distribution hub in the United States. (b) Contents The study conducted under subsection (a) shall include— (1) an examination of— (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 related to ethane; and (2) identification of potential additional benefits to energy security. (c) Publication of results Not later than 2 years after the date of enactment of this Act, the Secretaries of Energy and Commerce shall publish the results of the study conducted under subsection (a) on the websites of the Departments of Energy and Commerce, respectively, and shall submit such results 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. 1112. Statement of policy on grid modernization It is the policy of the United States to promote and advance— (1) the modernization of the energy delivery infrastructure of the United States, and bolster the reliability, affordability, diversity, efficiency, security, and resiliency of domestic energy supplies, through advanced grid technologies; (2) the modernization of the electric grid to enable a robust multi-directional power flow that leverages centralized energy resources and distributed energy resources, enables robust retail transactions, and facilitates the alignment of business and regulatory models to achieve a grid that optimizes the entire electric delivery system; (3) relevant research and development in advanced grid technologies, including— (A) energy storage; (B) predictive tools and requisite real-time data to enable the dynamic optimization of grid operations; (C) power electronics, including smart inverters, that ease the challenge of intermittent renewable resources and distributed generation; (D) real-time data and situational awareness tools and systems; and (E) tools to increase data security, physical security, and cybersecurity awareness and protection; (4) the leadership of the United States in basic and applied sciences to develop a systems approach to innovation and development of cyber-secure advanced grid technologies, architectures, and control paradigms capable of managing diverse supplies and loads; (5) the safeguarding of the critical energy delivery infrastructure of the United States and the enhanced resilience of the infrastructure to all hazards, including— (A) severe weather events; (B) cyber and physical threats; and (C) other factors that affect energy delivery; (6) the coordination of goals, investments to optimize the grid, and other measures for energy efficiency, advanced grid technologies, interoperability, and demand response-side management resources; (7) partnerships with States and the private sector— (A) to facilitate advanced grid capabilities and strategies; and (B) to provide technical assistance, tools, or other related information necessary to enhance grid integration, particularly in connection with the development at the State and local levels of strategic energy, energy surety and assurance, and emergency preparedness, response, and restoration planning; (8) the deployment of information and communications technologies at all levels of the electric system; (9) opportunities to provide consumers with timely information and advanced control options; (10) sophisticated or advanced control options to integrate distributed energy resources and associated ancillary services; (11) open-source communications, database architectures, and common information model standards, guidelines, and protocols that enable interoperability to maximize efficiency gains and associated benefits among— (A) the grid; (B) energy and building management systems; and (C) residential, commercial, and industrial equipment; (12) private sector investment in the energy delivery infrastructure of the United States through targeted demonstration and validation of advanced grid technologies; and (13) establishment of common valuation methods and tools for cost-benefit analysis of grid integration paradigms. 1113. Grid resilience report Not later than 120 days after the date of enactment of this Act, the Secretary of Energy shall submit to the Congress a report on methods to increase electric grid resilience with respect to all threats, including cyber attacks, vandalism, terrorism, and severe weather. 1114. GAO report on improving National Response Center The Comptroller General of the United States shall conduct a study of ways in which the capabilities of the National Response Center could be improved. 1115. Designation of National Energy Security Corridors on Federal lands (a) In general Section 28 of the Mineral Leasing Act ( 30 U.S.C. 185 ) is amended as follows: (1) In subsection (b)— (A) by striking (b)(1) For the purposes of this section Federal lands means and inserting the following: (b) (1) For the purposes of this section Federal lands — (A) except as provided in subparagraph (B), means ; (B) by striking the period at the end of paragraph (1) and inserting ; and and by adding at the end of paragraph (1) the following: (B) for purposes of granting an application for a natural gas pipeline right-of-way, means all lands owned by the United States except— (i) such lands held in trust for an Indian or Indian tribe; and (ii) lands on the Outer Continental Shelf. . (2) By redesignating subsection (b), as so amended, as subsection (z), and transferring such subsection to appear after subsection (y) of that section. (3) By inserting after subsection (a) the following: (b) National Energy Security Corridors (1) Designation In addition to other authorities under this section, the Secretary shall— (A) identify and designate suitable Federal lands as National Energy Security Corridors (in this subsection referred to as a Corridor ), which shall be used for construction, operation, and maintenance of natural gas transmission facilities; and (B) incorporate such Corridors upon designation into the relevant agency land use and resource management plans or equivalent plans. (2) Considerations In evaluating Federal lands for designation as a National Energy Security Corridor, the Secretary shall— (A) employ the principle of multiple use to ensure route decisions balance national energy security needs with existing land use principles; (B) seek input from other Federal counterparts, State, local, and tribal governments, and affected utility and pipeline industries to determine the best suitable, most cost-effective, and commercially viable acreage for natural gas transmission facilities; (C) focus on transmission routes that improve domestic energy security through increasing reliability, relieving congestion, reducing natural gas prices, and meeting growing demand for natural gas; and (D) take into account technological innovations that reduce the need for surface disturbance. (3) Procedures The Secretary shall establish procedures to expedite and approve applications for rights-of-way for natural gas pipelines across National Energy Security Corridors, that— (A) ensure a transparent process for review of applications for rights-of-way on such corridors; (B) require an approval time of not more than 1 year after the date of receipt of an application for a right-of-way; and (C) require, upon receipt of such an application, notice to the applicant of a predictable timeline for consideration of the application, that clearly delineates important milestones in the process of such consideration. (4) State input (A) Requests authorized The Governor of a State may submit requests to the Secretary of the Interior to designate Corridors on Federal land in that State. (B) Consideration of requests After receiving such a request, the Secretary shall respond in writing, within 30 days— (i) acknowledging receipt of the request; and (ii) setting forth a timeline in which the Secretary shall grant, deny, or modify such request and state the reasons for doing so. (5) Spatial distribution of corridors In implementing this subsection, the Secretary shall coordinate with other Federal Departments to— (A) minimize the proliferation of duplicative natural gas pipeline rights-of-way on Federal lands where feasible; (B) ensure Corridors can connect effectively across Federal lands; and (C) utilize input from utility and pipeline industries submitting applications for rights-of-way to site corridors in economically feasible areas that reduce impacts, to the extent practicable, on local communities. (6) Not a major Federal action Designation of a Corridor under this subsection, and incorporation of Corridors into agency plans under paragraph (1)(B), shall not be treated as a major Federal action for purpose of section 102 of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332 ). (7) No limit on number or length of Corridors Nothing in this subsection limits the number or physical dimensions of Corridors that the Secretary may designate under this subsection. (8) Other authority not affected Nothing in this subsection affects the authority of the Secretary to issue rights-of-way on Federal land that is not located in a Corridor designated under this subsection. (9) NEPA clarification All applications for rights-of-way for natural gas transmission facilities across Corridors designated under this subsection shall be subject to the environmental protections outlined in subsection (h). . (b) Applications received before designation of Corridors Any application for a right-of-way under section 28 of the Mineral Leasing Act ( 30 U.S.C. 185 ) that is received by the Secretary of the Interior before designation of National Energy Security Corridors under the amendment made by subsection (a) of this section shall be reviewed and acted upon independently by the Secretary without regard to the process for such designation. (c) Deadline Within 2 years after the date of the enactment of this Act, the Secretary of the Interior shall designate at least 10 National Energy Security Corridors under the amendment made by subsection (a) in States referred to in section 368(b) of the Energy Policy Act of 2005 ( 42 U.S.C. 15926(b) ). 1116. Vegetation management, facility inspection, and operation and maintenance on Federal lands containing electric transmission and distribution facilities (a) In general Title V of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1761 et seq. ) is amended by adding at the end the following new section: 512. Vegetation management, facility inspection, and operation and maintenance relating to electric transmission and distribution facility rights-of-way (a) General direction In order to enhance the reliability of the electric grid and reduce the threat of wildfires to and from electric transmission and distribution rights-of-way and related facilities and adjacent property, the Secretary, with respect to public lands and other lands under the jurisdiction of the Secretary, and the Secretary of Agriculture, with respect to National Forest System lands, shall provide direction to ensure that all existing and future rights-of-way, however established (including by grant, special use authorization, and easement), for electric transmission and distribution facilities on such lands include provisions for utility vegetation management, facility inspection, and operation and maintenance activities that, while consistent with applicable law— (1) are developed in consultation with the holder of the right-of-way; (2) enable the owner or operator of an electric transmission and distribution facility to operate and maintain the facility in good working order and to comply with Federal, State, and local electric system reliability and fire safety requirements, including reliability standards established by the North American Electric Reliability Corporation and plans to meet such reliability standards; (3) minimize the need for case-by-case or annual approvals for— (A) routine vegetation management, facility inspection, and operation and maintenance activities within existing electric transmission and distribution rights-of-way; and (B) utility vegetation management activities that are necessary to control hazard trees within or adjacent to electric transmission and distribution rights-of-way; and (4) when review is required, provide for expedited review and approval of utility vegetation management, facility inspection, and operation and maintenance activities, especially activities requiring prompt action to avoid an adverse impact on human safety or electric reliability to avoid fire hazards. (b) Vegetation management, facility inspection, and operation and maintenance plans (1) Development and submission Consistent with subsection (a), the Secretary and the Secretary of Agriculture shall provide owners and operators of electric transmission and distribution facilities located on lands described in such subsection with the option to develop and submit a vegetation management, facility inspection, and operation and maintenance plan, that at each owner or operator’s discretion may cover some or all of the owner or operator’s electric transmission and distribution rights-of-way on Federal lands, for approval to the Secretary with jurisdiction over the lands. A plan under this paragraph shall enable the owner or operator of an electric transmission and distribution facility, at a minimum, to comply with applicable Federal, State, and local electric system reliability and fire safety requirements, as provided in subsection (a)(2). The Secretaries shall not have the authority to modify those requirements. (2) Review and approval process The Secretary and the Secretary of Agriculture shall jointly develop a consolidated and coordinated process for review and approval of— (A) vegetation management, facility inspection, and operation and maintenance plans submitted under paragraph (1) that— (i) assures prompt review and approval not to exceed 90 days; (ii) includes timelines and benchmarks for agency comments on submitted plans and final approval of such plans; (iii) is consistent with applicable law; and (iv) minimizes the costs of the process to the reviewing agency and the entity submitting the plans; and (B) amendments to the plans in a prompt manner if changed conditions necessitate a modification to a plan. (3) Notification The review and approval process under paragraph (2) shall— (A) include notification by the agency of any changed conditions that warrant a modification to a plan; (B) provide an opportunity for the owner or operator to submit a proposed plan amendment to address directly the changed condition; and (C) allow the owner or operator to continue to implement those elements of the approved plan that do not directly and adversely affect the condition precipitating the need for modification. (4) Categorical exclusion process The Secretary and the Secretary of Agriculture shall apply his or her categorical exclusion process under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) to plans developed under this subsection on existing electric transmission and distribution rights-of-way under this subsection. (5) Implementation A plan approved under this subsection shall become part of the authorization governing the covered right-of-way and hazard trees adjacent to the right-of-way. If a vegetation management plan is proposed for an existing electric transmission and distribution facility concurrent with the siting of a new electric transmission or distribution facility, necessary reviews shall be completed as part of the siting process or sooner. Once the plan is approved, the owner or operator shall provide the agency with only a notification of activities anticipated to be undertaken in the coming year, a description of those activities, and certification that the activities are in accordance with the plan. (c) Response to emergency conditions If vegetation on Federal lands within, or hazard trees on Federal lands adjacent to, an electric transmission or distribution right-of-way granted by the Secretary or the Secretary of Agriculture has contacted or is in imminent danger of contacting one or more electric transmission or distribution lines, the owner or operator of the electric transmission or distribution lines— (1) may prune or remove the vegetation to avoid the disruption of electric service and risk of fire; and (2) shall notify the appropriate local agent of the relevant Secretary not later than 24 hours after such removal. (d) Compliance with applicable reliability and safety standards If vegetation on Federal lands within or adjacent to an electric transmission or distribution right-of-way under the jurisdiction of each Secretary does not meet clearance requirements under standards established by the North American Electric Reliability Corporation, or by State and local authorities, and the Secretary having jurisdiction over the lands has failed to act to allow an electric transmission or distribution facility owner or operator to conduct vegetation management activities within 3 business days after receiving a request to allow such activities, the owner or operator may, after notifying the Secretary, conduct such vegetation management activities to meet those clearance requirements. (e) Reporting requirement The Secretary or Secretary of Agriculture shall report requests and actions made under subsections (c) and (d) annually on each Secretary’s website. (f) Liability An owner or operator of an electric transmission or distribution facility shall not be held liable for wildfire damage, loss, or injury, including the cost of fire suppression, if— (1) the Secretary or the Secretary of Agriculture fails to allow the owner or operator to operate consistently with an approved vegetation management, facility inspection, and operation and maintenance plan on Federal lands under the relevant Secretary’s jurisdiction within or adjacent to a right-of-way to comply with Federal, State, or local electric system reliability and fire safety standards, including standards established by the North American Electric Reliability Corporation; or (2) the Secretary or the Secretary of Agriculture fails to allow the owner or operator of the electric transmission or distribution facility to perform appropriate vegetation management activities in response to an identified hazard tree, or a tree in imminent danger of contacting the owner’s or operator’s electric transmission or distribution facility. (g) Training and guidance In consultation with the electric utility industry, the Secretary and the Secretary of Agriculture are encouraged to develop a program to train personnel of the Department of the Interior and the Forest Service involved in vegetation management decisions relating to electric transmission and distribution facilities to ensure that such personnel— (1) understand electric system reliability and fire safety requirements, including reliability standards established by the North American Electric Reliability Corporation; (2) assist owners and operators of electric transmission and distribution facilities to comply with applicable electric reliability and fire safety requirements; and (3) encourage and assist willing owners and operators of electric transmission and distribution facilities to incorporate on a voluntary basis vegetation management practices to enhance habitats and forage for pollinators and for other wildlife so long as the practices are compatible with the integrated vegetation management practices necessary for reliability and safety. (h) Implementation The Secretary and the Secretary of Agriculture shall— (1) not later than one year after the date of the enactment of this section, propose regulations, or amended existing regulations, to implement this section; and (2) not later than two years after the date of the enactment of this section, finalize regulations, or amended existing regulations, to implement this section. (i) Existing vegetation management, facility inspection, and operation and maintenance plans Nothing in this section requires an owner or operator to develop and submit a vegetation management, facility inspection, and operation and maintenance plan if one has already been approved by the Secretary or Secretary of Agriculture before the date of the enactment of this section. (j) Definitions In this section: (1) Hazard tree The term hazard tree means any tree inside the right-of-way or located outside the right-of-way that has been found by the either the owner or operator of an electric transmission or distribution facility, or the Secretary or the Secretary of Agriculture, to be likely to fail and cause a high risk of injury, damage, or disruption within 10 feet of an electric power line or related structure if it fell. (2) Owner or Operator The terms owner and operator include contractors or other agents engaged by the owner or operator of an electric transmission and distribution facility. (3) Vegetation management, facility inspection, and operation and maintenance plan The term vegetation management, facility inspection, and operation and maintenance plan means a plan that— (A) is prepared by the owner or operator of one or more electric transmission or distribution facilities to cover one or more electric transmission and distribution rights-of-way; and (B) provides for the long-term, cost-effective, efficient, and timely management of facilities and vegetation within the width of the right-of-way and adjacent Federal lands to enhance electric reliability, promote public safety, and avoid fire hazards. . (b) Clerical amendment The table of sections for the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1761 et seq. ), is amended by inserting after the item relating to section 511 the following new item: Sec. 512. Vegetation management, facility inspection, and operation and maintenance relating to electric transmission and distribution facility rights-of-way. . B Hydropower Regulatory Modernization 1201. Protection of private property rights in hydropower licensing (a) Licences Section 4(e) of the Federal Power Act ( 16 U.S.C. 797(e) ) is amended— (1) by striking and after recreational opportunities, ; and (2) by inserting , and minimizing infringement on the useful exercise and enjoyment of property rights held by nonlicensees after aspects of environmental quality . (b) Private landownership Section 10 of the Federal Power Act ( 16 U.S.C. 803 ) is amended— (1) in subsection (a)(1), by inserting , including minimizing infringement on the useful exercise and enjoyment of property rights held by nonlicensees after section 4(e) ; and (2) by adding at the end the following: (k) Private landownership In developing any recreational resource within the project boundary, the licensee shall consider private landownership as a means to encourage and facilitate— (1) private investment; and (2) increased tourism and recreational use. . 1202. Extension of time for FERC project involving W. Kerr Scott 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 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 Commission’s procedures 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 the enactment of this Act, the Commission may reinstate the license effective as of the date of its expiration and the first extension authorized under subsection (a) shall take effect on the date of such expiration. 1203. Hydropower licensing and process improvements Part I of the Federal Power Act ( 16 U.S.C. 792 et seq. ) is amended by adding at the end the following: 34. Hydropower licensing and process improvements (a) Definition In this section, the term Federal authorization — (1) means any authorization required under Federal law with respect to an application for a license, license amendment, or exemption under this part; and (2) includes any permits, special use authorizations, certifications, opinions, or other approvals as may be required under Federal law to approve or implement the license, license amendment, or exemption under this part. (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 and for the purposes of complying with the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ). (2) Other agencies and Indian tribes (A) In general Each Federal, State, and local government agency and Indian tribe considering an aspect of an application for Federal authorization shall coordinate with the Commission and comply with the deadline established in the schedule developed for the project in accordance with the rule issued by the Commission under subsection (c). (B) Identification The Commission shall identify, as early as practicable after it is notified by the applicant of a project or facility requiring Commission action under this part, any Federal or State agency, local government, or Indian tribe that may consider an aspect of an application for a Federal authorization. (C) Notification (i) In general The Commission shall notify any agency and Indian tribe identified under subparagraph (B) of the opportunity to participate in the process of reviewing an aspect of an application for a Federal authorization. (ii) Deadline Each agency and Indian tribe receiving a notice under clause (i) shall submit a response acknowledging receipt of the notice to the Commission within 30 days of receipt of such notice and request. (D) Issue Identification and Resolution (i) Identification of issues Federal, State, and local government agencies and Indian tribes that may consider an aspect of an application for Federal authorization shall identify, as early as possible, and share with the Commission and the applicant, any issues of concern identified during the pendency of the Commission’s action under this part relating to any Federal authorization that may delay or prevent the granting of such authorization, including any issues that may prevent the agency or Indian tribe from meeting the schedule established for the project in accordance with the rule issued by the Commission under subsection (c). (ii) Issue resolution The Commission may forward any issue of concern identified under clause (i) to the heads of the relevant State and Federal agencies (including, in the case of scheduling concerns identified by a State or local government agency or Indian tribe, the Federal agency overseeing the delegated authority, or the Secretary of the Interior with regard to scheduling concerns identified by an Indian tribe) for resolution. The Commission and any relevant agency shall enter into a memorandum of understanding to facilitate interagency coordination and resolution of such issues of concern, as appropriate. (c) Schedule (1) Commission rulemaking to establish process to set schedule Within 180 days of the date of enactment of this section the Commission shall, in consultation with the appropriate Federal agencies, issue a rule, after providing for notice and public comment, establishing a process for setting a schedule following the filing of an application under this part for the review and disposition of each Federal authorization. (2) Elements of scheduling rule In issuing a rule under this subsection, the Commission shall ensure that the schedule for each Federal authorization— (A) includes deadlines for actions by— (i) any Federal or State agency, local government, or Indian tribe that may consider an aspect of an application for the Federal authorization; (ii) the applicant; (iii) the Commission; and (iv) other participants in a proceeding; (B) is developed in consultation with the applicant and any agency and Indian tribe that submits a response under subsection (b)(2)(C)(ii); (C) provides an opportunity for any Federal or State agency, local government, or Indian tribe that may consider an aspect of an application for the applicable Federal authorization to identify and resolve issues of concern, as provided in subsection (b)(2)(D); (D) complies with applicable schedules established under Federal and State law; (E) ensures expeditious completion of all proceedings required under Federal and State law, to the extent practicable; and (F) facilitates completion of Federal and State agency studies, reviews, and any other procedures required prior to, or concurrent with, the preparation of the Commission’s environmental document required under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ). (d) Transmission of Final Schedule (1) In General For each application for a license, license amendment, or exemption under this part, the Commission shall establish a schedule in accordance with the rule issued by the Commission under subsection (c). The Commission shall publicly notice and transmit the final schedule to the applicant and each agency and Indian tribe identified under subsection (b)(2)(B). (2) Response Each agency and Indian tribe receiving a schedule under this subsection shall acknowledge receipt of such schedule in writing to the Commission within 30 days. (e) Adherence to schedule All applicants, other licensing participants, and agencies and tribes considering an aspect of an application for a Federal authorization shall meet the deadlines set forth in the schedule established pursuant to subsection (d)(1). (f) Application processing The Commission, Federal, State, and local government agencies, and Indian tribes may allow an applicant seeking a Federal authorization to fund a third-party contractor selected by such agency or tribe to assist in reviewing the application. All costs of an agency or tribe incurred pursuant to direct funding by the applicant, including all costs associated with the third party contractor, shall not be considered costs of the United States for the administration of this part under section 10(e). (g) Commission recommendation on scope of environmental review For the purposes of coordinating Federal authorizations for each project, the Commission shall consult with and make a recommendation to agencies and Indian tribes receiving a schedule under subsection (d) on the scope of the environmental review for all Federal authorizations for such project. Each Federal and State agency and Indian tribe shall give due consideration and may give deference to the Commission’s recommendations, to the extent appropriate under Federal law. (h) Failure To meet schedule A Federal, State, or local government agency or Indian tribe that anticipates that it will be unable to complete its disposition of a Federal authorization by the deadline set forth in the schedule established under subsection (d)(1) may file for an extension as provided under section 313(b)(2). (i) Consolidated record The Commission shall, with the cooperation of Federal, State, and local government agencies and Indian tribes, maintain a complete consolidated record of all decisions made or actions taken by the Commission or by a Federal administrative agency or officer (or State or local government agency or officer or Indian tribe acting under delegated Federal authority) with respect to any Federal authorization. Such record shall constitute the record for judicial review under section 313(b). . 1204. Judicial review of delayed Federal authorizations Section 313(b) of the Federal Power Act (16 U.S.C. 825 l (b)) is amended— (1) by striking (b) Any party and inserting the following: (b) Judicial review (1) In general Any party ; and (2) by adding at the end the following: (2) Delay of a Federal authorization Any Federal, State, or local government agency or Indian tribe that will not complete its disposition of a Federal authorization by the deadline set forth in the schedule by the Commission under section 34 may file for an extension in the United States court of appeals for any circuit wherein the project or proposed project is located, or in the United States Court of Appeals for the District of Columbia. Such petition shall be filed not later than 30 days prior to such deadline. The court shall only grant an extension if the agency or tribe demonstrates, based on the record maintained under section 34, that it otherwise complied with the requirements of section 34 and that complying with the schedule set by the Commission would have prevented the agency or tribe from complying with applicable Federal or State law. If the court grants the extension, the court shall set a reasonable schedule and deadline, not to exceed 90 days, for the agency to act on remand. If the court denies the extension, or if an agency or tribe does not file for an extension as provided in this subsection and does not complete its disposition of a Federal authorization by the applicable deadline, the Commission and applicant may move forward with the proposed action. . 1205. Licensing study improvements Part I of the Federal Power Act ( 16 U.S.C. 792 et seq. ), as amended by section 1203, is further amended by adding at the end the following: 35. Licensing study improvements (a) In general To facilitate the timely and efficient completion of the license proceedings under this part, the Commission shall, in consultation with applicable Federal and State agencies and interested members of the public— (1) compile current and accepted best practices in performing studies required in such license proceedings, including methodologies and the design of studies to assess the full range of environmental impacts of a project that reflect the most recent peer-reviewed science; (2) compile a comprehensive collection of studies and data accessible to the public that could be used to inform license proceedings under this part; and (3) encourage license applicants, agencies, and Indian tribes 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. (b) Use of studies To the extent practicable, the Commission and other Federal, State, and local government agencies and Indian tribes considering an aspect of an application for Federal authorization shall use current, accepted science toward studies and data in support of their actions. Any participant in a proceeding with respect to a Federal authorization shall demonstrate a study requested by the party is not duplicative of current, existing studies that are applicable to the project. (c) Basin-Wide or Regional Review The Commission shall establish a program to develop comprehensive plans, at the request of project applicants, on a regional or basin-wide scale, in consultation with the applicants, appropriate Federal agencies, and affected States, local governments, and Indian tribes, in basins or regions with respect to which there are more than one project or application for a project. Upon such a request, the Commission, in consultation with the applicants, such Federal agencies, and affected States, local governments, and Indian tribes, may conduct or commission regional or basin-wide environmental studies, with the participation of at least 2 applicants. Any study conducted under this subsection shall apply only to a project with respect to which the applicant participates. . 1206. Closed-loop pumped storage projects Part I of the Federal Power Act ( 16 U.S.C. 792 et seq. ), as amended by section 1205, is further amended by adding at the end the following: 36. Closed-loop pumped storage projects (a) Definition For purposes of this section, a closed-loop pumped storage project is a project— (1) in which the upper and lower reservoirs do not impound or directly withdraw water from navigable waters; or (2) that is not continuously connected to a naturally flowing water feature. (b) In general As provided in this section, the Commission may issue and amend licenses and preliminary permits, as appropriate, for closed-loop pumped storage projects. (c) Dam safety Before issuing any license for a closed-loop pumped storage project, the Commission shall assess the safety of existing dams and other structures related to the project (including possible consequences associated with failure of such structures). (d) License conditions With respect to a closed-loop pumped storage project, the authority of the Commission to impose conditions on a license under sections 4(e), 10(a), 10(g), and 10(j) shall not apply, and any condition included in or applicable to a closed-loop pumped storage project licensed under this section, including any condition or other requirement of a Federal authorization, shall be limited to those that are— (1) necessary to protect public safety; or (2) reasonable, economically feasible, and essential to prevent loss of or damage to, or to mitigate adverse effects on, fish and wildlife resources directly caused by the construction and operation of the project, as compared to the environmental baseline existing at the time the Commission completes its environmental review. (e) Transfers Notwithstanding section 5, and regardless of whether the holder of a preliminary permit for a closed-loop pumped storage project claimed municipal preference under section 7(a) when obtaining the permit, the Commission may, to facilitate development of a closed-loop pumped storage project— (1) add entities as joint permittees following issuance of a preliminary permit; and (2) transfer a license in part to one or more nonmunicipal entities as co-licensees with a municipality. . 1207. License amendment improvements Part I of the Federal Power Act ( 16 U.S.C. 792 et seq. ), as amended by section 1206, is further amended by adding at the end the following: 37. License amendment improvements (a) Qualifying project upgrades (1) In general As provided in this section, the Commission may approve an application for an amendment to a license issued under this part for a qualifying project upgrade. (2) Application A licensee filing an application for an amendment to a project license under this section shall include in such application information sufficient to demonstrate that the proposed change to the project described in the application is a qualifying project upgrade. (3) Initial determination Not later than 15 days after receipt of an application under paragraph (2), the Commission shall make an initial determination as to whether the proposed change to the project described in the application for a license amendment is a qualifying project upgrade. The Commission shall publish its initial determination and issue notice of the application filed under paragraph (2). Such notice shall solicit public comment on the initial determination within 45 days. (4) Public comment on qualifying criteria The Commission shall accept public comment regarding whether a proposed license amendment is for a qualifying project upgrade for a period of 45 days beginning on the date of publication of a public notice described in paragraph (3), and shall— (A) if no entity contests whether the proposed license amendment is for a qualifying project upgrade during such comment period, immediately publish a notice stating that the initial determination has not been contested; or (B) if an entity contests whether the proposed license amendment is for a qualifying project upgrade during the comment period, issue a written determination in accordance with paragraph (5). (5) Written determination If an entity contests whether the proposed license amendment is for a qualifying project upgrade during the comment period under paragraph (4), the Commission shall, not later than 30 days after the date of publication of the public notice of the initial determination under paragraph (3), issue a written determination as to whether the proposed license amendment is for a qualifying project upgrade. (6) Public comment on amendment application If no entity contests whether the proposed license amendment is for a qualifying project upgrade during the comment period under paragraph (4) or the Commission issues a written determination under paragraph (5) that a proposed license amendment is a qualifying project upgrade, the Commission shall— (A) during the 60-day period beginning on the date of publication of a notice under paragraph (4)(A) or the date on which the Commission issues the written determination under paragraph (5), as applicable, solicit comments from each Federal, State, and local government agency and Indian tribe considering an aspect of an application for Federal authorization (as defined in section 34) with respect to the proposed license amendment, as well as other interested agencies, Indian tribes, and members of the public; and (B) during the 90-day period beginning on the date of publication of a notice under paragraph (4)(A) or the date on which the Commission issues the written determination under paragraph (5), as applicable, consult with— (i) appropriate Federal agencies and the State agency exercising administrative control over the fish and wildlife resources, and water quality and supply, of the State in which the qualifying project upgrade is located; (ii) any Federal department supervising any public lands or reservations occupied by the qualifying project upgrade; and (iii) any Indian tribe affected by the qualifying project upgrade. (7) Federal authorizations The schedule established by the Commission under section 34 for any project upgrade under this subsection shall require final disposition on all necessary Federal authorizations (as defined in section 34), other than final action by the Commission, by not later than 120 days after the date on which the Commission issues a notice under paragraph (4)(A) or a written determination under paragraph (5), as applicable. (8) Commission action Not later than 150 days after the date on which the Commission issues a notice under paragraph (4)(A) or a written determination under paragraph (5), as applicable, the Commission shall take final action on the license amendment application. (9) License amendment conditions Any condition included in or applicable to a license amendment approved under this subsection, including any condition or other requirement of a Federal authorization, shall be limited to those that are— (A) necessary to protect public safety; or (B) reasonable, economically feasible, and essential to prevent loss of or damage to, or to mitigate adverse effects on, fish and wildlife resources, water supply, and water quality that are directly caused by the construction and operation of the qualifying project upgrade, as compared to the environmental baseline existing at the time the Commission approves the application for the license amendment. (10) Proposed license amendments that are not qualifying project upgrades If the Commission determines under paragraph (3) or (5) that a proposed license amendment is not for a qualifying project upgrade, the procedures under paragraphs (6) through (9) shall not apply to the application. (11) Rulemaking Not later than 180 days after the date of enactment of this section, the Commission shall, after notice and opportunity for public comment, issue a rule to implement this subsection. (12) Definitions For purposes of this subsection: (A) Qualifying project upgrade The term qualifying project upgrade means a change to a project licensed under this part that meets the qualifying criteria, as determined by the Commission. (B) Qualifying criteria The term qualifying criteria means, with respect to a project license under this part, a change to the project that— (i) if carried out, would be unlikely to adversely affect any species listed as threatened or endangered under the Endangered Species Act of 1973 or result in the destruction or adverse modification of critical habitat, as determined in consultation with the Secretary of the Interior or Secretary of Commerce, as appropriate, in accordance with section 7 of the Endangered Species Act of 1973; (ii) is consistent with any applicable comprehensive plan under section 10(a)(2); (iii) includes only changes to project lands, waters, or operations that, in the judgment of the Commission, would result in only insignificant or minimal cumulative adverse environmental effects; (iv) would be unlikely to adversely affect water quality and water supply; and (v) proposes to implement— (I) capacity increases, efficiency improvements, or other enhancements to hydropower generation at the licensed project; (II) environmental protection, mitigation, or enhancement measures to benefit fish and wildlife resources or other natural and cultural resources; or (III) improvements to public recreation at the licensed project. (b) Amendment approval processes (1) Rule Not later than 1 year after the date of enactment of this section, the Commission shall, after notice and opportunity for public comment, issue a rule establishing new standards and procedures for license amendment applications under this part. In issuing such rule, the Commission shall seek to develop the most efficient and expedient process, consultation, and review requirements, commensurate with the scope of different categories of proposed license amendments. Such rule shall account for differences in environmental effects across a wide range of categories of license amendment applications. (2) Capacity In issuing a rule under this subsection, the Commission shall take into consideration that a change in generating or hydraulic capacity may indicate the potential environmental effects of a proposed amendment but is not determinative of such effects. (3) Process options In issuing a rule under this subsection, the Commission shall take into consideration the range of process options available under the Commission’s regulations for new and original license applications and adapt such options to amendment applications, where appropriate. . 1208. Promoting hydropower development at existing nonpowered dams Part I of the Federal Power Act ( 16 U.S.C. 792 et seq. ), as amended by section 1207, is further amended by adding at the end the following: 38. Promoting hydropower development at existing nonpowered dams (a) Exemptions for qualifying facilities (1) Exemption qualifications Subject to the requirements of this subsection, the Commission may grant an exemption in whole or in part from the requirements of this part, including any license requirements contained in this part, to any facility the Commission determines is a qualifying facility. (2) Consultation with Federal and State agencies In granting any exemption under this subsection, the Commission shall consult with— (A) the United States Fish and Wildlife Service, the National Marine Fisheries Service, and the State agency exercising administrative control over the fish and wildlife resources of the State in which the facility will be located, in the manner provided by the Fish and Wildlife Coordination Act; (B) any Federal department supervising any public lands or reservations occupied by the project; and (C) any Indian tribe affected by the project. (3) Exemption conditions (A) In general The Commission shall include in any exemption granted under this subsection only such terms and conditions that the Commission determines are— (i) necessary to protect public safety; or (ii) reasonable, economically feasible, and essential to prevent loss of or damage to, or to mitigate adverse effects on, fish and wildlife resources directly caused by the construction and operation of the qualifying facility, as compared to the environmental baseline existing at the time the Commission grants the exemption. (B) No changes to release regime No Federal authorization required with respect to a qualifying facility described in paragraph (1), including an exemption granted by the Commission under this subsection, may include any condition or other requirement that results in any material change to the storage, control, withdrawal, diversion, release, or flow operations of the associated qualifying nonpowered dam. (4) Environmental review The Commission’s environmental review under the National Environmental Policy Act of 1969 of a proposed exemption under this subsection shall consist only of an environmental assessment, unless the Commission determines, by rule or order, that the Commission’s obligations under such Act for granting exemptions under this subsection can be met through a categorical exclusion. (5) Violation of terms of exemption Any violation of a term or condition of any exemption granted under this subsection shall be treated as a violation of a rule or order of the Commission under this Act. (6) Annual charges for enhancement activities Exemptees under this subsection for any facility located at a non-Federal dam shall pay to the United States reasonable annual charges in an amount to be fixed by the Commission for the purpose of funding environmental enhancement projects in watersheds in which facilities exempted under this subsection are located. Such annual charges shall be equivalent to the annual charges for use of a Government dam under section 10(e), unless the Commission determines, by rule, that a lower charge is appropriate to protect exemptees’ investment in the project or avoid increasing the price to consumers of power due to such charges. The proceeds of charges made by the Commission under this paragraph shall be paid into the Treasury of the United States and credited to miscellaneous receipts. Subject to annual appropriation Acts, such proceeds shall be available to Federal and State fish and wildlife agencies for purposes of carrying out specific environmental enhancement projects in watersheds in which one or more facilities exempted under this subsection are located. Not later than 180 days after the date of enactment of this section, the Commission shall establish rules, after notice and opportunity for public comment, for the collection and administration of annual charges under this paragraph. (7) Effect of jurisdiction The jurisdiction of the Commission over any qualifying facility exempted under this subsection shall extend only to the qualifying facility exempted and any associated primary transmission line, and shall not extend to any conduit, dam, impoundment, shoreline or other land, or any other project work associated with the qualifying facility exempted under this subsection. (b) Definitions For purposes of this section— (1) Federal authorization The term Federal authorization has the same meaning as provided in section 34. (2) Qualifying criteria The term qualifying criteria means, with respect to a facility— (A) as of the date of enactment of this section, the facility is not licensed under, or exempted from the license requirements contained in, this part; (B) the facility will be associated with a qualifying nonpowered dam; (C) the facility will be constructed, operated, and maintained for the generation of electric power; (D) the facility will use for such generation any withdrawals, diversions, releases, or flows from the associated qualifying nonpowered dam, including its associated impoundment or other infrastructure; and (E) the operation of the facility will not result in any material change to the storage, control, withdrawal, diversion, release, or flow operations of the associated qualifying nonpowered dam. (3) Qualifying facility The term qualifying facility means a facility that is determined under this section to meet the qualifying criteria. (4) Qualifying nonpowered dam The term qualifying nonpowered dam means any dam, dike, embankment, or other barrier— (A) the construction of which was completed on or before the date of enactment of this section; (B) that is operated for the control, release, or distribution of water for agricultural, municipal, navigational, industrial, commercial, environmental, recreational, aesthetic, or flood control purposes; (C) that, as of the date of enactment of this section, is not equipped with hydropower generating works that are licensed under, or exempted from the license requirements contained in, this part; and (D) that, in the case of a non-Federal dam, has been certified by an independent consultant approved by the Commission as complying with the Commission’s dam safety requirements. . II Energy Security and Diplomacy 2001. Sense of Congress Congress finds the following: (1) North America’s energy revolution has significantly enhanced energy security in the United States, and fundamentally changed the Nation’s energy future from that of scarcity to abundance. (2) North America’s energy abundance has increased global energy supplies and reduced the price of energy for consumers in the United States and abroad. (3) Allies and trading partners of the United States, including in Europe and Asia, are seeking stable and affordable energy supplies from North America to enhance their energy security. (4) The United States has an opportunity to improve its energy security and promote greater stability and affordability of energy supplies for its allies and trading partners through a more integrated, secure, and competitive North American energy system. (5) The United States also has an opportunity to promote such objectives by supporting the free flow of energy commodities and more open, transparent, and competitive global energy markets, and through greater Federal agency coordination relating to regulations or agency actions that significantly affect the supply, distribution, or use of energy. 2002. Energy security valuation (a) Establishment of Energy Security Valuation Methods Not later than 1 year after the date of enactment of this Act, the Secretary of Energy, in collaboration with the Secretary of State, shall develop and transmit, after public notice and comment, to the Committee on Energy and Commerce, the Committee on Science, Space, and Technology, and the Committee on Foreign Affairs of the House of Representatives and the Committee on Energy and Natural Resources, the Committee on Commerce, Science, and Transportation, and the Committee on Foreign Relations of the Senate a report that develops recommended United States energy security valuation methods. In developing the report, the Secretaries may consider the recommendations of the Administration’s Quadrennial Energy Review released on April 21, 2015. The report shall— (1) evaluate and define United States energy security to reflect modern domestic and global energy markets and the collective needs of the United States and its allies and partners; (2) identify transparent and uniform or coordinated procedures and criteria to ensure that energy-related actions that significantly affect the supply, distribution, transportation, or use of energy are evaluated with respect to their potential impact on energy security, including their impact on— (A) consumers and the economy; (B) energy supply diversity and resiliency; (C) well-functioning and competitive energy markets; (D) United States trade balance; and (E) national security objectives; and (3) include a recommended implementation strategy that identifies and aims to ensure that the procedures and criteria referred to in paragraph (2) are— (A) evaluated consistently across the Federal Government; and (B) weighed appropriately and balanced with environmental considerations required by Federal law. (b) Participation In developing the report referred to in subsection (a), the Secretaries may consult with relevant Federal, State, private sector, and international participants, as appropriate and consistent with applicable law. 2003. North American energy security plan (a) Requirement Not later than 1 year after the date of enactment of this Act, the Secretary of Energy, in collaboration with the Secretary of State, shall develop and transmit to the Committee on Energy and Commerce and the Committee on Foreign Affairs of the House of Representatives and the Committee on Energy and Natural Resources and the Committee on Foreign Relations of the Senate the plan described in subsection (b). (b) Purpose The plan referred to in subsection (a) shall include— (1) a recommended framework and implementation strategy to— (A) improve planning and coordination with Canada and Mexico to enhance energy integration, strengthen North American energy security, and promote efficiencies in the exploration, production, storage, supply, distribution, marketing, pricing, and regulation of North American energy resources; and (B) address— (i) North American energy public data, statistics, and mapping collaboration; (ii) responsible and sustainable best practices for the development of unconventional oil and natural gas; and (iii) modern, resilient energy infrastructure for North America, including physical infrastructure as well as institutional infrastructure such as policies, regulations, and practices relating to energy development; and (2) a recommended framework and implementation strategy to improve collaboration with Caribbean and Central American partners on energy security, including actions to support— (A) more open, transparent, and competitive energy markets; (B) regulatory capacity building; (C) improvements to energy transmission and storage; and (D) improvements to the performance of energy infrastructure and efficiency. (c) Participation In developing the plan referred to in subsection (a), the Secretaries may consult with other Federal, State, private sector, and international participants, as appropriate and consistent with applicable law. 2004. Collective energy security (a) In general The Secretary of Energy and the Secretary of State shall collaborate to strengthen domestic energy security and the energy security of the allies and trading partners of the United States, including through actions that support or facilitate— (1) energy diplomacy; (2) the delivery of United States assistance, including energy resources and technologies, to prevent or mitigate an energy security crisis; (3) the development of environmentally and commercially sustainable energy resources; (4) open, transparent, and competitive energy markets; and (5) regulatory capacity building. (b) Energy Security Forums Not later than 1 year after the date of enactment of this Act, the Secretary of Energy, in collaboration with the Secretary of State, shall convene not less than 2 forums to promote the collective energy security of the United States and its allies and trading partners. The forums shall include participation by the Secretary of Energy and the Secretary of State. In addition, an invitation shall be extended to— (1) appropriate representatives of foreign governments that are allies or trading partners of the United States; and (2) independent experts and industry representatives. (c) Requirements The forums shall— (1) consist of at least 1 Trans-Atlantic and 1 Trans-Pacific energy security forum; (2) be designed to foster dialogue among government officials, independent experts, and industry representatives regarding— (A) the current state of global energy markets; (B) trade and investment issues relevant to energy; and (C) barriers to more open, competitive, and transparent energy markets; and (3) be recorded and made publicly available on the Department of Energy’s website, including, not later than 30 days after each forum, publication on the website any significant outcomes. (d) Notification At least 30 days before each of the forums referred to in subsection (b), the Secretary of Energy shall send a notification regarding the forum to— (1) the chair and the ranking minority member of the Committee on Energy and Commerce and the Committee on Foreign Affairs of the House of Representatives; and (2) the chair and ranking minority member of the Committee on Energy and Natural Resources and the Committee on Foreign Relations of the Senate. 2005. Authorization to export natural gas (a) Decision deadline For proposals that must also obtain authorization from the Federal Energy Regulatory Commission or the United States Maritime Administration to site, construct, expand, or operate LNG export facilities, the Department of Energy shall issue a final decision on any application for the authorization to export natural gas under section 3 of the Natural Gas Act ( 15 U.S.C. 717b ) not later than 30 days after the later of— (1) the conclusion of the review to site, construct, expand, or operate the LNG 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 shall be considered concluded— (1) for a project requiring an Environmental Impact Statement, 30 days after publication of a Final Environmental Impact Statement; (2) for a project for which an Environmental Assessment has been prepared, 30 days after publication by the Department of Energy of a Finding of No Significant Impact; and (3) upon a determination by the lead agency that an application is eligible for a categorical exclusion pursuant to National Environmental Policy Act of 1969 implementing regulations. (c) Public disclosure of 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 As a condition for approval of any authorization to export LNG, the Secretary of Energy shall require the applicant to publicly disclose the specific destination or destinations of any such authorized LNG exports. . 2006. Environmental review for energy export facilities Notwithstanding any other provision of law, including any other provision of this Act and any amendment made by this Act, to the extent that the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) applies to the issuance of a permit for the construction, operation, or maintenance of a facility for the export of bulk commodities, no such permit may be denied until each applicable Federal agency has completed all reviews required for the facility under such Act. 2007. Authorization of cross-border infrastructure projects (a) Finding Congress finds that the United States should establish a more uniform, transparent, and modern process for the construction, connection, operation, and maintenance of pipelines and electric transmission facilities for the import and export of liquid products, including water and petroleum, and natural gas and the transmission of electricity to and from Canada and Mexico. (b) Authorization of certain infrastructure projects at the national boundary of the united states (1) Requirement No person may construct, connect, operate, or maintain a cross-border segment of a pipeline or electric transmission facility for the import or export of liquid products or natural gas, or the transmission of electricity, to or from Canada or Mexico without obtaining a certificate of crossing for such construction, connection, operation, or maintenance under this subsection. (2) Certificate of crossing (A) Issuance (i) In general Not later than 120 days after final action is taken under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) with respect to a cross-border segment described in paragraph (1), the relevant official identified under subparagraph (B), in consultation with appropriate Federal agencies, shall issue a certificate of crossing for the cross-border segment unless the relevant official finds that the construction, connection, operation, or maintenance of the cross-border segment is not in the public interest of the United States. (ii) Natural gas For the purposes of natural gas pipelines, a finding with respect to the public interest under section 3(a) of the Natural Gas Act ( 15 U.S.C. 717b(a) ) shall serve as a finding under clause (i) of this subparagraph. (B) Relevant official The relevant official referred to in subparagraph (A) is— (i) the Secretary of State with respect to liquid pipelines; (ii) the Federal Energy Regulatory Commission with respect to natural gas pipelines; and (iii) the Secretary of Energy with respect to electric transmission facilities. (C) Additional requirement for electric transmission facilities The Secretary of Energy shall require, as a condition of issuing a certificate of crossing for an electric transmission facility, that the cross-border segment be constructed, connected, operated, or maintained consistent with all applicable policies and standards of— (i) the Electric Reliability Organization and the applicable regional entity; and (ii) any Regional Transmission Organization or Independent System Operator with operational or functional control over the cross-border segment of the electric transmission facility. (3) Modifications to existing projects No certificate of crossing shall be required under this subsection for a change in ownership, volume expansion, downstream or upstream interconnection, or adjustment to maintain flow (such as a reduction or increase in the number of pump or compressor stations) with respect to a liquid or natural gas pipeline or electric transmission facility unless such modification would result in a significant impact at the national boundary. (4) Effect of other laws Nothing in this subsection shall affect the application of any other Federal statute (including the Natural Gas Act and the Energy Policy and Conservation Act) to a project for which a certificate of crossing is sought under this subsection. (c) Importation or exportation of natural gas to Canada and Mexico Section 3(c) of the Natural Gas Act ( 15 U.S.C. 717b(c) ) is amended by adding at the end the following: In the case of an application for the importation or exportation of natural gas to or from Canada or Mexico, the Commission shall grant the application not later than 30 days after the date of receipt of the complete application. . (d) Transmission of electric energy to Canada and Mexico (1) Repeal of requirement to secure order Section 202(e) of the Federal Power Act ( 16 U.S.C. 824a(e) ) is repealed. (2) Conforming amendments (A) State regulations Section 202(f) of the Federal Power Act ( 16 U.S.C. 824a(f) ) is amended by striking insofar as such State regulation does not conflict with the exercise of the Commission’s powers under or relating to subsection 202(e) . (B) Seasonal diversity electricity exchange Section 602(b) of the Public Utility Regulatory Policies Act of 1978 ( 16 U.S.C. 824a–4(b) ) is amended by striking the Commission has conducted hearings and made the findings required under section 202(e) of the Federal Power Act and all that follows through the period at the end and inserting the Secretary has conducted hearings and finds that the proposed transmission facilities would not impair the sufficiency of electric supply within the United States or would not impede or tend to impede the coordination in the public interest of facilities subject to the jurisdiction of the Secretary . (e) Effective date; rulemaking deadlines (1) Effective date Subsections (b) through (d), and the amendments made by such subsections, shall take effect on January 20, 2017. (2) Rulemaking deadlines Each relevant official described in subsection (b)(2)(B) shall— (A) not later than 180 days after the date of enactment of this Act, publish in the Federal Register notice of a proposed rulemaking to carry out the applicable requirements of subsection (b); and (B) not later than 1 year after the date of enactment of this Act, publish in the Federal Register a final rule to carry out the applicable requirements of subsection (b). (f) Definitions In this section— (1) the term cross-border segment means the portion of a liquid or natural gas pipeline or electric transmission facility that is located at the national boundary of the United States with either Canada or Mexico; (2) the terms Electric Reliability Organization and regional entity have the meanings given those terms in section 215 of the Federal Power Act ( 16 U.S.C. 824o ); (3) the terms Independent System Operator and Regional Transmission Organization have the meanings given those terms in section 3 of the Federal Power Act ( 16 U.S.C. 796 ); (4) the term liquid includes water, petroleum, petroleum product, and any other substance that flows through a pipeline other than natural gas; and (5) the term natural gas has the meaning given that term in section 2 of the Natural Gas Act ( 15 U.S.C. 717a ). 2008. Report on smart meter security concerns Not later than 1 year after the date of enactment of this Act, the Secretary of Energy shall transmit to Congress a report on the weaknesses in currently available smart meters’ security architecture and features, including an absence of event logging, as described in the Government Accountability Office testimony entitled Critical Infrastructure Protection: Cybersecurity of the Nation’s Electricity Grid Requires Continued Attention on October 21, 2015. III Energy Efficiency and Accountability A Energy Efficiency 1 Federal Agency Energy Efficiency 3111. Energy-efficient and energy-saving information technologies (a) Amendment Subtitle C of title V of the Energy Independence and Security Act of 2007 ( Public Law 110–140 ; 121 Stat. 1661) is amended by adding at the end the following: 530. Energy-efficient and energy-saving information technologies (a) Definitions In this section: (1) Director The term Director means the Director of the Office of Management and Budget. (2) Information technology The term information technology has the meaning given that term in section 11101 of title 40, United States Code. (b) Development of implementation strategy Not later than 1 year after the date of enactment of this section, each Federal agency shall coordinate with the Director, the Secretary, and the Administrator of the Environmental Protection Agency to develop an implementation strategy (that includes 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, taking into consideration the performance goals established under subsection (d). (c) Administration In developing an implementation strategy under subsection (b), each Federal agency shall consider— (1) advanced metering infrastructure; (2) energy-efficient data center strategies and methods of increasing asset and infrastructure utilization; (3) advanced power management tools; (4) building information modeling, including building energy management; (5) secure telework and travel substitution tools; and (6) mechanisms to ensure that the agency realizes the energy cost savings brought about through increased efficiency and utilization. (d) Performance goals (1) In general Not later than 180 days after the date of enactment of this section, 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. (2) Best practices The Chief Information Officers Council established under section 3603 of title 44, United States Code, shall recommend best practices for the attainment of the performance goals, which shall include Federal agency consideration of, to the extent applicable by law, the use of— (A) energy savings performance contracting; and (B) utility energy services contracting. (e) Reports (1) Agency reports Each Federal agency shall include in the report of the agency under section 527 a description of the efforts and results of the agency under this section. (2) OMB government efficiency reports and scorecards Effective beginning not later than October 1, 2017, the Director shall include in the annual report and scorecard of the Director required under section 528 a description of the efforts and results of Federal agencies under this section. . (b) Conforming amendment The table of contents for the Energy Independence and Security Act of 2007 is amended by adding after the item relating to section 529 the following: Sec. 530. Energy-efficient and energy-saving information technologies. . 3112. 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)(2)(D)(iv), by striking determined by the organization and inserting proposed by the stakeholders ; (2) by striking subsection (b)(3); and (3) by striking subsections (c) through (g) and inserting the following: (c) Stakeholder involvement The Secretary and the Administrator shall carry out subsection (b) in collaboration with the information technology industry and other key stakeholders, with the goal of producing results that accurately reflect the most relevant and useful information available. In such collaboration, the Secretary and the Administrator shall pay particular attention to organizations that— (1) have members with expertise in energy efficiency and in the development, operation, and functionality of data centers, information technology equipment, and software, such as representatives of hardware manufacturers, data center operators, and facility managers; (2) obtain and address input from Department of Energy National Laboratories or any college, university, research institution, industry association, company, or public interest group with applicable expertise; (3) follow— (A) commonly accepted procedures for the development of specifications; and (B) accredited standards development processes; and (4) 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, best practices, 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 collaboration with the Administrator, shall, not later than 18 months after the date of enactment of the North American Energy Security and Infrastructure Act of 2016 , make available to the public an update to the Report to Congress on Server and Data Center Energy Efficiency published on August 2, 2007, under section 1 of Public Law 109–431 (120 Stat. 2920), 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 2008 through 2015; (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 The Secretary, in collaboration with key stakeholders and the Director of the Office of Management and Budget, shall maintain a data center energy practitioner program that leads to the certification of energy practitioners qualified to evaluate the energy usage and efficiency opportunities in Federal data centers. Each Federal agency shall consider having the data centers of the agency evaluated every 4 years, in accordance with section 543(f) of the National Energy Conservation Policy Act ( 42 U.S.C. 8253 ), by energy practitioners certified pursuant to such program. (g) Open data initiative The Secretary, in collaboration 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 such data available and accessible in a manner that encourages further data center innovation, optimization, and consolidation. In establishing the initiative, the Secretary shall consider the use of the online Data Center Maturity Model. (h) International specifications and metrics The Secretary, in collaboration 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 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. . 3113. Report on energy and water savings potential from thermal insulation (a) Report Not later than 1 year after the date of enactment of this Act, the Secretary of Energy, in consultation with appropriate Federal agencies and relevant stakeholders, 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 impact of thermal insulation on both energy and water use systems for potable hot and chilled water in Federal buildings, and the return on investment of installing such insulation. (b) Contents The report shall include— (1) an analysis based on the cost of municipal or regional water for delivered water and the avoided cost of new water; and (2) a summary of energy and water savings, including short-term and long-term (20 years) projections of such savings. 3114. Battery storage report Not later than 1 year after the date of enactment of this Act, the Comptroller General shall transmit to Congress a report on the potential of battery energy storage that answers the following questions: (1) How do existing Federal standards impact the development and deployment of battery storage systems? (2) What are the benefits of using existing battery storage technology, and what challenges exist to their widespread use? What are some examples of existing battery storage projects providing these benefits? (3) What potential impact could large-scale battery storage and behind-the-meter battery storage have on renewable energy utilization? (4) What is the potential of battery technology for grid-scale use nationwide? What is the potential impact of battery technology on the national grid capabilities? (5) How much economic activity associated with large-scale and behind-the-meter battery storage technology is located in the United States? How many jobs do these industries account for? (6) What policies other than the Renewable Energy Investment Tax Credit have research and available data shown to promote renewable energy use and storage technology deployment by State and local governments or private end-users? 3115. Federal purchase requirement (a) Definitions Section 203(b) of the Energy Policy Act of 2005 ( 42 U.S.C. 15852(b) ) is amended by striking paragraph (2) and inserting the following: (2) Renewable energy The term renewable energy means electric energy, or thermal energy if resulting from a thermal energy project placed in service after December 31, 2014, generated from, or avoided by, solar, wind, biomass, landfill gas, ocean (including tidal, wave, current, and thermal), geothermal, municipal solid waste (in accordance with subsection (e)), qualified waste heat resource, or new hydroelectric generation capacity achieved from increased efficiency or additions of new capacity at an existing hydroelectric project. (3) 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. . (b) Paper recycling Section 203 of the Energy Policy Act of 2005 ( 42 U.S.C. 15852 ) is amended by adding at the end the following: (e) Paper recycling (1) Separate collection For purposes of this section, any Federal agency may consider electric energy generation purchased from a facility to be renewable energy if the municipal solid waste used by the facility to generate the electricity is— (A) separately collected (within the meaning of section 246.101(z) of title 40, Code of Federal Regulations, as in effect on the date of enactment of the North American Energy Security and Infrastructure Act of 2016 ) from paper that is commonly recycled; and (B) processed in a way that keeps paper that is commonly recycled segregated from non-recyclable solid waste. (2) Incidental inclusion Municipal solid waste used to generate electric energy that meets the conditions described in paragraph (1) shall be considered renewable energy even if the municipal solid waste contains incidental commonly recycled paper. (3) No effect on existing processes Nothing in paragraph (1) shall be interpreted to require a State or political subdivision of a State, directly or indirectly, to change the systems, processes, or equipment it uses to collect, treat, dispose of, or otherwise use municipal solid waste, within the meaning of the Solid Waste Disposal Act ( 42 U.S.C. 6901 et seq. ), nor require a change to the regulations that implement subtitle D of such Act ( 42 U.S.C. 6941 et seq. ). . 3116. Energy performance requirement for Federal buildings Section 543 of the National Energy Conservation Policy Act ( 42 U.S.C. 8253 ) is amended— (1) by striking subsection (a) and inserting the following: (a) Energy performance requirement for federal buildings (1) Requirement Subject to paragraph (2), each agency shall apply energy conservation measures to, and shall improve the design for the construction of, the Federal buildings of the agency (including each industrial or laboratory facility) so that the energy consumption per gross square foot of the Federal buildings of the agency in fiscal years 2006 through 2017 is reduced, as compared with the energy consumption per gross square foot of the Federal buildings of the agency in fiscal year 2003, by the percentage specified in the following table: Percentage Fiscal Year Reduction 2006 2 2007 4 2008 9 2009 12 2010 15 2011 18 2012 21 2013 24 2014 27 2015 30 2016 33 2017 36. (2) Exclusion for buildings with energy intensive activities (A) In general An agency may exclude from the requirements of paragraph (1) any building (including the associated energy consumption and gross square footage) in which energy intensive activities are carried out. (B) Reports Each agency shall identify and list in each report made under section 548(a) the buildings designated by the agency for exclusion under subparagraph (A). (3) Review Not later than December 31, 2017, the Secretary shall— (A) review the results of the implementation of the energy performance requirements established under paragraph (1); and (B) based on the review conducted under subparagraph (A), submit to Congress a report that addresses the feasibility of requiring each agency to apply energy conservation measures to, and improve the design for the construction of, the Federal buildings of the agency (including each industrial or laboratory facility) so that the energy consumption per gross square foot of the Federal buildings of the agency in each of fiscal years 2018 through 2030 is reduced, as compared with the energy consumption per gross square foot of the Federal buildings of the agency in the prior fiscal year, by 3 percent. ; and (2) in subsection (f)— (A) in paragraph (1)— (i) by redesignating subparagraphs (E), (F), and (G) as subparagraphs (F), (G), and (H), respectively; and (ii) by inserting after subparagraph (D) the following: (E) Ongoing commissioning The term ongoing commissioning means an ongoing process of commissioning using monitored data, the primary goal of which is to ensure continuous optimum performance of a facility, in accordance with design or operating needs, over the useful life of the facility, while meeting facility occupancy requirements. ; (B) in paragraph (2), by adding at the end the following: (C) Energy management system An energy manager designated under subparagraph (A) shall consider use of a system to manage energy use at the facility and certification of the facility in accordance with the International Organization for Standardization standard numbered 50001 and entitled Energy Management Systems . ; (C) by striking paragraphs (3) and (4) and inserting the following: (3) Energy and water evaluations and commissioning (A) Evaluations Except as provided in subparagraph (B), effective beginning on the date that is 180 days after the date of enactment of the North American Energy Security and Infrastructure Act of 2016 , and annually thereafter, each energy manager shall complete, for each calendar year, a comprehensive energy and water evaluation and recommissioning or retrocommissioning for approximately 25 percent of the facilities of that energy manager’s agency that meet the criteria under paragraph (2)(B) in a manner that ensures that an evaluation of each facility is completed at least once every 4 years. (B) Exceptions An evaluation and recommissioning or recommissioning shall not be required under subparagraph (A) with respect to a facility that— (i) has had a comprehensive energy and water evaluation during the 8-year period preceding the date of the evaluation; (ii) (I) has been commissioned, recommissioned, or retrocommissioned during the 10-year period preceding the date of the evaluation; or (II) is under ongoing commissioning, recommissioning, or retrocommissioning; (iii) has not had a major change in function or use since the previous evaluation and commissioning, recommissioning, or retrocommissioning; (iv) has been benchmarked with public disclosure under paragraph (8) within the year preceding the evaluation; and (v) (I) based on the benchmarking, has achieved at a facility level the most recent cumulative energy savings target under subsection (a) compared to the earlier of— (aa) the date of the most recent evaluation; or (bb) the date— (AA) of the most recent commissioning, recommissioning, or retrocommissioning; or (BB) on which ongoing commissioning, recommissioning, or retrocommissioning began; or (II) has a long-term contract in place guaranteeing energy savings at least as great as the energy savings target under subclause (I). (4) Implementation of identified energy and water efficiency measures (A) In general Not later than 2 years after the date of completion of each evaluation under paragraph (3), each energy manager may— (i) implement any energy- or water-saving measure that the Federal agency identified in the evaluation conducted under paragraph (3) that is life-cycle cost effective; and (ii) bundle individual measures of varying paybacks together into combined projects. (B) Measures not implemented Each energy manager, as part of the certification system under paragraph (7) and using guidelines developed by the Secretary, shall provide an explanation regarding any life-cycle cost-effective measures described in subparagraph (A)(i) that have not been implemented. ; and (D) in paragraph (7)(C), by adding at the end the following: (iii) Summary report The Secretary shall make publicly available a report that summarizes the information tracked under subparagraph (B)(i) by each agency and, as applicable, by each type of measure. . 3117. Federal building energy efficiency performance standards; certification system and level for Federal buildings (a) Definitions Section 303 of the Energy Conservation and Production Act ( 42 U.S.C. 6832 ) 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: (17) 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 of the Energy Conservation and Production Act ( 42 U.S.C. 6834 ) is amended— (1) in subsection (a)(3)— (A) by striking (3)(A) Not later than and all that follows through the end of subparagraph (B) and inserting the following: (3) Revised Federal building energy efficiency performance standards; certification for green buildings (A) Revised Federal building energy efficiency performance standards (i) In general Not later than 1 year after the date of enactment of the North American Energy Security and Infrastructure 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 IECC (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 North American Energy Security and Infrastructure 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 IECC 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 IECC, 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 ASHRAE Standard 90.1 or the IECC, 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. ; (B) in subparagraph (C), by striking (C) In the budget request and inserting the following: (C) Budget request In the budget request ; and (C) in subparagraph (D)— (i) by striking (D) Not later than and all that follows through the end of the first sentence of clause (i)(III) and inserting the following: (D) Certification for green buildings (i) In general ; (ii) by striking clause (ii); (iii) in clause (iii), by striking (iii) In identifying and inserting the following: (ii) Considerations In identifying ; (iv) in clause (iv)— (I) by striking (iv) At least once and inserting the following: (iii) Study At least once ; and (II) by striking clause (iii) and inserting clause (ii) ; (v) in clause (v)— (I) by striking (v) The Secretary may and inserting the following: (iv) Internal certification processes The Secretary may ; and (II) by striking clause (i)(III) each place it appears and inserting clause (i) ; (vi) in clause (vi)— (I) by striking (vi) With respect and inserting the following: (v) Privatized military housing With respect ; and (II) by striking develop alternative criteria to those established by subclauses (I) and (III) of clause (i) that achieve an equivalent result in terms of energy savings, sustainable design, and and inserting develop alternative certification systems and levels than the systems and levels identified under clause (i) that achieve an equivalent result in terms of ; and (vii) in clause (vii), by striking (vii) In addition to and inserting the following: (vi) Water conservation technologies In addition to ; and (2) by striking subsections (c) and (d) and inserting the following: (c) Periodic review The Secretary shall— (1) 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. . 3118. Operation of battery recharging stations in parking areas used by Federal employees (a) Authorization (1) In general The head of any office of the Federal Government which owns or operates a parking area for the use of its employees (either directly or indirectly through a contractor) may install, construct, operate, and maintain on a reimbursable basis a battery recharging station in such area for the use of privately owned vehicles of employees of the office and others who are authorized to park in such area. (2) Use of vendors The head of an office may carry out paragraph (1) through a contract with a vendor, under such terms and conditions (including terms relating to the allocation between the office and the vendor of the costs of carrying out the contract) as the head of the office and the vendor may agree to. (b) Imposition of Fees To Cover Costs (1) Fees The head of an office of the Federal Government which operates and maintains a battery recharging station under this section shall charge fees to the individuals who use the station in such amount as is necessary to ensure that office recovers all of the costs it incurs in installing, constructing, operating, and maintaining the station. (2) Deposit and availability of fees Any fees collected by the head of an office under this subsection shall be— (A) deposited monthly in the Treasury to the credit of the appropriations account for salaries and expenses of the office; and (B) available for obligation without further appropriation during— (i) the fiscal year collected; and (ii) the fiscal year following the fiscal year collected. (c) No Effect on Existing Programs for House and Senate Nothing in this section may be construed to affect the installation, construction, operation, or maintenance of battery recharging stations by the Architect of the Capitol— (1) under Public Law 112–170 ( 2 U.S.C. 2171 ), relating to employees of the House of Representatives and individuals authorized to park in any parking area under the jurisdiction of the House of Representatives on the Capitol Grounds; or (2) under Public Law 112–167 ( 2 U.S.C. 2170 ), relating to employees of the Senate and individuals authorized to park in any parking area under the jurisdiction of the Senate on the Capitol Grounds. (d) Effective date This section shall apply with respect to fiscal year 2016 and each succeeding fiscal year. 3119. Report on energy savings and greenhouse gas emissions reduction from conversion of captured methane to energy (a) Report Not later than 1 year after the date of enactment of this Act, the Secretary of Energy, in consultation with appropriate Federal agencies and relevant stakeholders, 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 impact of captured methane converted for energy and power generation on Federal lands, Federal buildings, and relevant municipalities that use such generation, and the return on investment and reduction in greenhouse gas emissions of utilizing such power generation. (b) Contents The report shall include— (1) a summary of energy performance and savings resulting from the utilization of such power generation, including short-term and long-term (20 years) projections of such savings; and (2) an analysis of the reduction in greenhouse emissions resulting from the utilization of such power generation. 2 Energy Efficient Technology and Manufacturing 3121. Inclusion of Smart Grid capability on Energy Guide labels Section 324(a)(2) of the Energy Policy and Conservation Act ( 42 U.S.C. 6294(a)(2) ) is amended by adding the following at the end: (J) Smart grid capability on energy guide labels (i) Rule Not later than 1 year after the date of enactment of this subparagraph, the Commission shall initiate a rulemaking to consider making a special note in a prominent manner on any Energy Guide label for any product that includes Smart Grid capability that— (I) Smart Grid capability is a feature of that product; (II) the use and value of that feature depend on the Smart Grid capability of the utility system in which the product is installed and the active utilization of that feature by the customer; and (III) on a utility system with Smart Grid capability, the use of the product’s Smart Grid capability could reduce the customer’s cost of the product’s annual operation as a result of the incremental energy and electricity cost savings that would result from the customer taking full advantage of such Smart Grid capability. (ii) Deadline Not later than 3 years after the date of enactment of this subparagraph, the Commission shall complete the rulemaking initiated under clause (i). . 3122. 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 verifying compliance with energy conservation standards established under sections 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 shall rely on testing conducted by recognized 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. Any subsequent amendment to such criteria may be made only pursuant to a subsequent negotiated rulemaking in accordance with subchapter III of chapter 5 of title 5, United States Code. (ii) Minimum requirements The criteria developed under clause (i) shall, at a minimum, ensure that a 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 Department of Energy 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, that note any instructions specified by the manufacturer or the representative of the manufacturer for the purpose of conducting the verification testing; and (XI) satisfies any additional requirements or standards that the Secretary shall establish consistent with this subparagraph. (iii) Cessation of recognition The Secretary may only cease recognition of a voluntary verification program as an approved program described in subparagraph (A) upon a finding that the program is not meeting its obligations for compliance through program review criteria developed during the negotiated rulemaking conducted under subparagraph (B). (C) Administration (i) In general The Secretary shall not require— (I) manufacturers to participate in a recognized voluntary verification program described in subparagraph (A); or (II) participating manufacturers to provide information that has already been provided to the Secretary. (ii) List of covered products The Secretary 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 recognized voluntary verification program described in subparagraph (A). (iii) Periodic verification testing The Secretary— (I) shall not subject products or equipment that have been verification tested under a recognized voluntary verification program described in subparagraph (A) to periodic verification testing to verify the accuracy of the certified performance rating of the products or equipment; but (II) may require testing of products or equipment described in subclause (I)— (aa) 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; or (bb) if such testing is agreed to during the negotiated rulemaking conducted under subparagraph (B). (D) Effect on other authority Nothing in this paragraph limits the authority of the Secretary to enforce compliance with any law. . 3123. Facilitating consensus furnace standards (a) Congressional findings and declaration of purpose (1) Findings Congress finds that— (A) acting pursuant to the requirements of section 325 of the Energy Policy and Conservation Act ( 42 U.S.C. 6295 ), the Secretary of Energy is considering amending the energy conservation standards applicable to residential nonweatherized gas furnaces and mobile home gas furnaces; (B) numerous stakeholders, representing manufacturers, distributors, and installers of residential nonweatherized gas furnaces and mobile home furnaces, natural gas utilities, home builders, multifamily property owners, and energy efficiency, environmental, and consumer advocates have begun negotiations in an attempt to agree on a consensus recommendation to the Secretary on levels for such standards that will meet the statutory criteria; and (C) the stakeholders believe these negotiations are likely to result in a consensus recommendation, but several of the stakeholders do not support suspending the current rulemaking. (2) Purpose It is the purpose of this section to provide the stakeholders described in paragraph (1) with an opportunity to continue negotiations for a limited time period to facilitate the proposal for adoption of standards that enjoy consensus support, while not delaying the current rulemaking except to the extent necessary to provide such opportunity. (b) Opportunity for a negotiated furnace standard Section 325(f)(4) of the Energy Policy and Conservation Act ( 42 U.S.C. 6295(f)(4) ) is amended by adding after subparagraph (D) the following: (E) (i) Unless the Secretary has published such a notice prior to the date of enactment of this Act, the Secretary shall publish, not later than October 31, 2015, a supplemental notice of proposed rulemaking or a notice of data availability updating the proposed rule entitled Energy Conservation Program for Consumer Products: Energy Conservation Standards for Residential Furnaces and published in the Federal Register on March 12, 2015 (80 Fed. Reg. 13119), to provide notice and an opportunity for comment on— (I) dividing nonweatherized gas furnaces into two or more product classes with separate energy conservation standards based on capacity; and (II) any other matters the Secretary determines appropriate. (ii) On receipt of a statement that is submitted on or before January 1, 2016, jointly by interested persons that are fairly representative of relevant points of view, that contains recommended standards for nonweatherized gas furnaces and mobile home gas furnaces that are consistent with the requirements of this part (except that the date on which such standards will apply may be earlier or later than the date required under this part), the Secretary shall evaluate the standards proposed in the joint statement for consistency with the requirements of subsection (o), and shall publish notice of the potential adoption of the standards proposed in the joint statement, modified as necessary to ensure consistency with subsection (o). The Secretary shall solicit public comment for a period of at least 30 days with respect to such notice. (iii) Not later than July 31, 2016, but not before July 1, 2016, the Secretary shall publish a final rule containing a determination of whether the standards for nonweatherized gas furnaces and mobile home gas furnaces should be amended. Such rule shall contain any such amendments to the standards. . 3124. No warranty for certain certified Energy Star products Section 324A of the Energy Policy and Conservation Act ( 42 U.S.C. 6294a ) is amended by adding at the end the following new subsection: (e) No warranty (1) In General Any disclosure relating to participation of a product in the Energy Star program shall not create an express or implied warranty or give rise to any private claims or rights of action under State or Federal law relating to the disqualification of that product from Energy Star if— (A) the product has been certified by a certification body recognized by the Energy Star program; (B) the Administrator has approved corrective measures, including a determination of whether or not consumer compensation is appropriate; and (C) the responsible party has fully complied with all approved corrective measures. (2) Construal Nothing in this subsection shall be construed to require the Administrator to modify any procedure or take any other action. . 3125. Clarification to effective date for regional standards Section 325(o)(6)(E)(ii) of the Energy Policy and Conservation Act ( 42 U.S.C. 6295(o)(6)(E)(ii) ) is amended by striking installed and inserting manufactured or imported into the United States . 3126. Internet of Things report The Secretary of Energy shall, not later than 18 months after the date of enactment of this Act, report to the Committee on Energy and Commerce of the House of Representatives and the Committee on Energy and Natural Resources of the Senate on the efforts made to take advantage of, and promote, the utilization of advanced technologies such as Internet of Things end-to-end platform solutions to provide real-time actionable analytics and enable predictive maintenance and asset management to improve energy efficiency wherever feasible. In doing so, the Secretary shall look to encourage and utilize Internet of Things energy management solutions that have security tightly integrated into the hardware and software from the outset. The Secretary shall also encourage the use of Internet of Things solutions that enable seamless connectivity and that are interoperable, open standards-based, and built on a repeatable foundation for ease of scalability. 3127. Energy savings from lubricating oil Not later than 1 year after the date of enactment of this Act, the Secretary of Energy, in cooperation with the Administrator of the Environmental Protection Agency and the Director of Management and Budget, shall— (1) review and update the report prepared pursuant to section 1838 of the Energy Policy Act of 2005; (2) after consultation with relevant Federal, State, and local agencies and affected industry and stakeholder groups, update data that was used in preparing that report; and (3) prepare and submit to Congress a coordinated Federal strategy to increase the beneficial reuse of used lubricating oil, that— (A) is consistent with national policy as established pursuant to section 2 of the Used Oil Recycling Act of 1980 ( Public Law 96–463 ); and (B) addresses measures needed to— (i) increase the responsible collection of used oil; (ii) disseminate public information concerning sustainable reuse options for used oil; and (iii) promote sustainable reuse of used oil by Federal agencies, recipients of Federal grant funds, entities contracting with the Federal Government, and the general public. 3128. 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; or (II) organic light-emitting diodes providing illumination. . 3129. Standards for power supply circuits connected to LEDs or OLEDs (a) In general Section 325(u) of the Energy Policy and Conservation Act ( 42 U.S.C. 6295(u) ) is amended by adding at the end the following: (6) Power supply circuits connected to LEDs or OLEDs Notwithstanding the exclusion described in section 321(36)(A)(ii), the Secretary may prescribe, in accordance with subsections (o) and (p) and section 322(b), an energy conservation standard for a power supply circuit, driver, or device that is designed primarily to be connected to, and power, light-emitting diodes or organic light-emitting diodes providing illumination. . (b) Energy conservation standards Section 346 of the Energy Policy and Conservation Act ( 42 U.S.C. 6317 ) is amended by adding at the end the following: (g) Energy conservation standard for power supply circuits connected to LEDS or OLEDS Not earlier than 1 year after applicable testing requirements are prescribed under section 343, the Secretary may prescribe an energy conservation standard for a power supply circuit, driver, or device that is designed primarily to be connected to, and power, light-emitting diodes or organic light-emitting diodes providing illumination. . 3 School Buildings 3131. Coordination of energy retrofitting assistance for schools Section 392 of the Energy Policy and Conservation Act ( 42 U.S.C. 6371a ) is amended by adding at the end the following: (e) Coordination of energy retrofitting assistance for schools (1) Definition of school Notwithstanding section 391(6), for the purposes of this subsection, the term school means— (A) 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 )); (B) an institution of higher education (as defined in section 102(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1002(a) )); (C) 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; (D) a school operated by the Bureau of Indian Affairs; (E) a tribally controlled school (as defined in section 5212 of the Tribally Controlled Schools Act of 1988 ( 25 U.S.C. 2511 )); and (F) a Tribal College or University (as defined in section 316(b) of the Higher Education Act of 1965 ( 20 U.S.C. 1059c(b) )). (2) Establishment of clearinghouse The Secretary, acting through the Office of Energy Efficiency and Renewable Energy, shall establish a clearinghouse to disseminate information regarding available Federal programs and financing mechanisms that may be used to help initiate, develop, and finance energy efficiency, distributed generation, and energy retrofitting projects for schools. (3) Requirements In carrying out paragraph (2), the Secretary shall— (A) consult with appropriate Federal agencies to develop a list of Federal programs and financing mechanisms that are, or may be, used for the purposes described in paragraph (2); and (B) coordinate with appropriate Federal agencies to develop a collaborative education and outreach effort to streamline communications and promote available Federal programs and financing mechanisms described in subparagraph (A), which may include the development and maintenance of a single online resource that includes contact information for relevant technical assistance in the Office of Energy Efficiency and Renewable Energy that States, local education agencies, and schools may use to effectively access and use such Federal programs and financing mechanisms. . 4 Building Energy Codes 3141. Greater energy efficiency in building codes (a) Definitions Section 303 of the Energy Conservation and Production Act ( 42 U.S.C. 6832 ), as amended by section 3116, is further 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 or standard developed and updated through a consensus process among interested persons, such as the IECC or ASHRAE Standard 90.1 or a code used by other appropriate organizations regarding which the Secretary has issued a determination that buildings subject to it would achieve greater energy efficiency than under a previously developed code. ; and (2) by adding at the end the following: (18) ASHRAE Standard 90.1 The term ASHRAE Standard 90.1 means the American Society of Heating, Refrigerating and Air-Conditioning Engineers ANSI/ASHRAE/IES Standard 90/1 Energy Standard for Buildings Except Low-Rise Residential Buildings. (19) Cost-effective The term cost-effective means having a simple payback of 10 years or less. (20) IECC The term IECC means the International Energy Conservation Code as published by the International Code Council. (21) 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 ). (22) Simple payback The term simple payback means the time in years that is required for energy savings to exceed the incremental first cost of a new requirement or code. (23) Technically feasible The term technically feasible means capable of being achieved, based on widely available appliances, equipment, technologies, materials, and construction practices. . (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: 304. Updating State building energy efficiency codes (a) In general The Secretary shall provide technical assistance, as described in subsection (e), for the purposes of— (1) implementation of building energy codes by States, Indian tribes, and, as appropriate, by local governments, that are technically feasible and cost-effective; and (2) supporting full compliance with the State, tribal, 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 3 years after the date on which a model building energy code is published, 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 statement 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 most recently published 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 3 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); (B) determine whether the certification submitted by the State or Indian tribe, respectively, is complete; and (C) if the requirements of subparagraph (B) are satisfied, validate the certification. (3) Limitation Nothing in this section shall be interpreted to require a State or Indian tribe to adopt any building code or provision within a code. (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 or Indian tribe, respectively, has— (i) achieved full compliance under paragraph (3) with the applicable certified State or 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 or 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. (2) Measurement of compliance A certification under paragraph (1) shall include documentation of the rate of compliance based on— (A) 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; (B) determine whether the certification submitted by the State or Indian tribe is complete; and (C) if the requirements of subparagraph (B) are satisfied, validate the certification. (6) Limitation Nothing in this section shall be interpreted to require a State or Indian tribe to adopt any building code or provision within a code. (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 the status of the State or Indian tribe with respect to meeting the requirements and submitting the certification. (2) State sovereignty Nothing in this section shall be interpreted to require a State or Indian tribe to adopt any building code or provision within a code. (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) 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 a return on 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 (1) In general The Secretary shall, upon request, provide technical assistance to States and Indian tribes to implement the goals and requirements of this section— (A) to implement State residential and commercial building energy codes; and (B) to document the rate of compliance with a building energy code. (2) Technical assistance The assistance shall include, as requested by the State or Indian tribe, technical assistance in— (A) evaluating the energy savings of building energy codes; (B) assessing the economic considerations, referenced in section 307(b)(4), of implementing building energy codes; (C) building energy analysis and design tools; (D) energy simulation models; (E) building demonstrations; (F) developing the 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; and (G) complying with a performance-based pathway referenced in the model code. (3) Exclusion For purposes of this section, technical assistance shall not include actions that promote or discourage the adoption of a particular building energy code, code provision, or energy savings target to a State or Indian tribe. (4) Information quality and transparency For purposes of this section, information provided by the Secretary, attendant to any technical assistance provided to a State or Indian tribe, is influential information and shall satisfy the guidelines established by the Office of Management and Budget and published at 67 Federal Register 8,452 (February 22, 2002). (f) Federal support (1) In general The Secretary shall provide support to States and Indian tribes— (A) to implement the reporting requirements of this section; and (B) to implement residential and commercial building energy codes, including increasing and verifying compliance with the codes and training of State, tribal, and local building code officials to implement and enforce the codes. (2) Exclusion Support shall not be given to support adoption and implementation of model building energy codes for which the Secretary has made a determination under section 307(g)(1)(C) that the code is not cost-effective. (3) Training Support shall be offered to States to train State and local building code officials to implement and enforce codes described in paragraph (1)(B). (4) Local governments States may work under this subsection with local governments that implement and enforce codes described in paragraph (1)(B). (g) Voluntary programs To exceed model building energy code (1) In general The Secretary shall provide technical assistance, as described in subsection (e), for the development of voluntary programs that exceed the model building energy codes for residential and commercial buildings for use as— (A) voluntary incentive programs adopted by local, tribal, or State governments; and (B) nonbinding guidelines for energy-efficient building design. (2) Targets The voluntary programs described in paragraph (1) 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, up to 3 to 6 years in advance of the target years. (h) Studies (1) GAO study (A) In general The Comptroller General of the United States shall conduct a study of the impacts of updating the national model building energy codes for residential and commercial buildings. In conducting the study, the Comptroller General shall consider and report, at a minimum— (i) the actual energy consumption savings stemming from updated energy codes compared to the energy consumption savings predicted during code development; (ii) the actual consumer cost savings stemming from updated energy codes compared to predicted consumer cost savings; and (iii) an accounting of expenditures of the Federal funds under each program authorized by this title. (B) Report to Congress Not later than 3 years after the date of enactment of the North American Energy Security and Infrastructure Act of 2016 , the Comptroller General of the United States shall submit a report to the Committee on Energy and Natural Resources of the Senate and the Committee on Energy and Commerce of the House of Representatives including the study findings and conclusions. (2) Feasibility study 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— (A) 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; (B) code procedures to incorporate a ten-year payback, not just first-year energy use, in trade-offs and performance calculations; and (C) legislative options for increasing energy savings from building energy codes, including additional incentives for effective State and local verification of compliance with and enforcement of a code. (3) Energy data in multitenant buildings The Secretary, in consultation with appropriate representatives of the utility, utility regulatory, building ownership, and other stakeholders, shall— (A) undertake a study of best practices regarding delivery of aggregated energy consumption information to owners and managers of residential and commercial buildings with multiple tenants and uses; and (B) consider the development of a memorandum of understanding between and among affected stakeholders to reduce barriers to the delivery of aggregated energy consumption information to such owners and managers. (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) Funding limitations No Federal funds shall be— (1) used to support actions by the Secretary, or States, to promote or discourage the adoption of a particular building energy code, code provision, or energy saving target to a State or Indian tribe; or (2) provided to private third parties or non-governmental organizations to engage in such activities. . (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 in subsections (a)(2)(B) and (b) and inserting model building energy code . (d) Model building energy codes (1) Amendment Section 307 of the Energy Conservation and Production Act ( 42 U.S.C. 6836 ) is amended to read as follows: 307. Support for model building energy codes (a) In general The Secretary shall provide technical assistance, as described in subsection (c), for updating of model building energy codes. (b) Targets (1) In general The Secretary shall provide technical assistance, for updating the model building energy codes. (2) Targets (A) In general The Secretary shall provide technical assistance to States, Indian tribes, local governments, nationally recognized code and standards developers, and other interested parties for updating of model building energy codes by establishing one or more aggregate energy savings targets through rulemaking in accordance with section 553 of title 5, United States Code, to achieve the purposes of this section. (B) Separate targets Separate targets may be established 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 in accordance with section 553 of title 5, United States Code, and coordinated with nationally recognized code and standards developers at a level that— (I) is at the maximum level of energy efficiency that is technically feasible and cost effective, while accounting for the economic considerations under paragraph (4); and (II) 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. (E) 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 ) for any indirect economic effect on small entities that is reasonably foreseeable and a result of such rule. (3) Appliance standards and other factors affecting building energy use In establishing energy savings 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 and water heating systems; (D) building management systems and smart grid technologies to reduce energy use; and (E) other technologies, practices, and building systems regarding building plug load and other energy uses. In developing and adjusting the targets, the Secretary shall use climate zone weighted averages for equipment efficiency for heating, cooling, ventilation, and water heating systems, using equipment that is actually installed. (4) Economic considerations In establishing and revising energy savings 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, by conducting a return on investment analysis, using a simple payback methodology over a 3-, 5-, and 7-year period. The Secretary shall not propose or provide technical or financial assistance for any code, provision in the code, or energy target, or amendment thereto, that has a payback greater than 10 years. (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) Technical assistance The assistance shall include, as requested by the organizations, technical assistance in— (A) evaluating the energy savings of building energy codes; (B) assessing the economic considerations, under subsection (b)(4), of code or standards proposals or revisions; (C) building energy analysis and design tools; (D) energy simulation models; (E) building demonstrations; (F) 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; (G) developing a performance-based pathway for compliance; (H) developing model building energy codes by Indian tribes in accordance with tribal law; and (I) code development meetings, including through direct Federal employee participation in committee meetings, hearings and online communication, voting, and presenting research and technical or economic analyses during such meetings. (3) Exclusion Except as provided in paragraph (2)(I), for purposes of this section, technical assistance shall not include actions that promote or discourage the adoption of a particular building energy code, code provision, or energy savings target. (4) Information quality and transparency For purposes of this section, information provided by the Secretary, attendant to development of any energy savings targets, is influential information and shall satisfy the guidelines established by the Office of Management and Budget and published at 67 Federal Register 8,452 (February 22, 2002). (d) Amendment proposals (1) In general The Secretary may submit timely model building energy code amendment proposals that are technically feasible, cost-effective, and technology-neutral 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). (2) Process and factors All amendment proposals submitted by the Secretary shall be published in the Federal Register and made available on the Department of Energy website 90 days prior to any submittal to a code development body, and shall be subject to a public comment period of not less than 60 days. Information provided by the Secretary, attendant to submission of any amendment proposals, is influential information and shall satisfy the guidelines established by the Office of Management and Budget and published at 67 Federal Register 8,452 (February 22, 2002). When calculating the costs and benefits of an amendment, the Secretary shall use climate zone weighted averages for equipment efficiency for heating, cooling, ventilation, and water heating systems, using equipment that is actually installed. (e) 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. (f) Methodology development The Secretary shall establish a methodology for evaluating cost effectiveness of energy code changes in multifamily buildings that incorporates economic parameters representative of typical multifamily buildings. (g) 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— (A) improves energy efficiency in buildings compared to the existing IECC or ASHRAE Standard 90.1, as applicable; (B) meets the applicable targets under subsection (b)(2); and (C) is technically feasible and cost-effective. (2) Codes or standards not meeting criteria (A) In general If the Secretary makes a preliminary determination under paragraph (1)(B) that a revised IECC or ASHRAE Standard 90.1 does not meet the targets established under subsection (b)(2), is not technically feasible, or is not cost-effective, the Secretary may at the same time provide technical assistance, as described in subsection (c), to the International Code Council or ASHRAE, as applicable, with proposed changes that would result in a model building energy code or standard that meets the criteria, and with supporting evidence. Proposed changes submitted by the Secretary shall be published in the Federal Register and made available on the Department of Energy website 90 days prior to any submittal to a code development body, and shall be subject to a public comment period of not less than 60 days. Information provided by the Secretary, attendant to submission of any amendment proposals, is influential information and shall satisfy the guidelines established by the Office of Management and Budget and published at 67 Federal Register 8,452 (February 22, 2002). (B) Incorporation of changes (i) In general On receipt of the technical assistance, as described in subsection (c), the International Code Council or ASHRAE, as applicable, shall, prior to the Secretary making a final determination under paragraph (1), have an additional 270 days to accept or reject the proposed changes made by the Secretary to the model building energy code or standard. (ii) Final determination A final determination under paragraph (1) shall be on the final revised model building energy code or standard. (h) Administration In carrying out this section, the Secretary shall— (1) publish notice of targets, amendment proposals 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; (2) provide an opportunity for public comment on targets and supporting analysis and determinations under this section, in accordance with section 553 of title 5, United States Code; and (3) provide an opportunity for public comment on amendment proposals. (i) Voluntary codes and standards Not withstanding any other provision of this section, any model building code or standard established under this section shall not be binding on a State, local government, or Indian tribe as a matter of Federal law. . (2) Conforming amendment The item relating to section 307 in the table of contents for the Energy Conservation and Production Act is amended to read as follows: Sec. 307. Support for model building energy codes. . 3142. Voluntary nature of building asset rating program (a) In general Any program of the Secretary of Energy that may enable the owner of a commercial building or a residential building to obtain a rating, score, or label regarding the actual or anticipated energy usage or performance of a building shall be made available on a voluntary, optional, and market-driven basis. (b) Disclaimer as to regulatory intent Information disseminated by the Secretary of Energy regarding the program described in subsection (a), including any information made available by the Secretary on a website, shall include language plainly stating that such program is not developed or intended to be the basis for a regulatory program by a Federal, State, local, or municipal government body. 5 EPCA Technical Corrections and Clarifications 3151. Modifying product definitions (a) Authority To modify definitions (1) Covered products Section 322 of the Energy Policy and Conservation Act ( 42 U.S.C. 6292 ) is amended by adding at the end the following: (c) Modifying definitions of covered products (1) In general For any covered product for which a definition is provided in section 321, the Secretary may, by rule, unless prohibited herein, modify such definition in order to— (A) address significant changes in the product or the market occurring since the definition was established; and (B) better enable improvements in the energy efficiency of the product as part of an energy using system. (2) Antibacksliding exemption Section 325(o)(1) shall not apply to adjustments to covered product definitions made pursuant to this subsection. (3) Procedure for modifying definition (A) In general Notice of any adjustment to the definition of a covered product and an explanation of the reasons therefor shall be published in the Federal Register and opportunity provided for public comment. (B) Consensus required Any amendment to the definition of a covered product under this subsection must have consensus support, as reflected in— (i) the outcome of negotiations conducted in accordance with the subchapter III of chapter 5 of title 5, United States Code (commonly known as the Negotiated Rulemaking Act of 1990 ); or (ii) the Secretary’s receipt of a statement that is submitted jointly by interested persons that are fairly representative of relevant points of view (including representatives of manufacturers of covered products, States, and efficiency advocates), as determined by the Secretary, which contains a recommended modified definition for a covered product. (4) Effect of a modified definition (A) In general For any type or class of consumer product which becomes a covered product pursuant to this subsection— (i) the Secretary may establish test procedures for such type or class of covered product pursuant to section 323 and energy conservation standards pursuant to section 325(l); (ii) the Commission may prescribe labeling rules pursuant to section 324 if the Commission determines that labeling in accordance with that section is technologically and economically feasible and likely to assist consumers in making purchasing decisions; (iii) section 327 shall begin to apply to such type or class of covered product in accordance with section 325(ii)(1); and (iv) standards previously promulgated under section 325 shall not apply to such type or class of product. (B) Applicability For any type or class of consumer product which ceases to be a covered product pursuant to this subsection, the provisions of this part shall no longer apply to the type or class of consumer product. . (2) Covered equipment Section 341 of the Energy Policy and Conservation Act ( 42 U.S.C. 6312 ) is amended by adding at the end the following: (d) Modifying definitions of covered equipment (1) In general For any covered equipment for which a definition is provided in section 340, the Secretary may, by rule, unless prohibited herein, modify such definition in order to— (A) address significant changes in the product or the market occurring since the definition was established; and (B) better enable improvements in the energy efficiency of the equipment as part of an energy using system. (2) Antibacksliding exemption Section 325(o)(1) shall not apply to adjustments to covered equipment definitions made pursuant to this subsection. (3) Procedure for modifying definition (A) In general Notice of any adjustment to the definition of a type of covered equipment and an explanation of the reasons therefor shall be published in the Federal Register and opportunity provided for public comment. (B) Consensus required Any amendment to the definition of a type of covered equipment under this subsection must have consensus support, as reflected in— (i) the outcome of negotiations conducted in accordance with the subchapter III of chapter 5 of title 5, United States Code (commonly known as the Negotiated Rulemaking Act of 1990 ); or (ii) the Secretary’s receipt of a statement that is submitted jointly by interested persons that are fairly representative of relevant points of view (including representatives of manufacturers of covered equipment, States, and efficiency advocates), as determined by the Secretary, which contains a recommended modified definition for a type of covered equipment. (4) Effect of a modified definition (A) For any type or class of equipment which becomes covered equipment pursuant to this subsection— (i) the Secretary may establish test procedures for such type or class of covered equipment pursuant to section 343 and energy conservation standards pursuant to section 325(l); (ii) the Secretary may prescribe labeling rules pursuant to section 344 if the Secretary determines that labeling in accordance with that section is technologically and economically feasible and likely to assist purchasers in making purchasing decisions; (iii) section 327 shall begin to apply to such type or class of covered equipment in accordance with section 325(ii)(1); and (iv) standards previously promulgated under section 325, 342, or 346 shall not apply to such type or class of covered equipment. (B) For any type or class of equipment which ceases to be covered equipment pursuant to this subsection the provisions of this part shall no longer apply to the type or class of equipment. . (b) Conforming amendments providing for judicial review (1) Section 336 of the Energy Policy and Conservation Act ( 42 U.S.C. 6306 ) is amended by striking section 323, each place it appears and inserting section 322, 323, ; and (2) Section 345(a)(1) of the Energy Policy and Conservation Act ( 42 U.S.C. 6316(a)(1) ) is amended to read as follows: (1) the references to sections 322, 323, 324, and 325 of this Act shall be considered as references to sections 341, 343, 344, and 342 of this Act, respectively; . 3152. Clarifying rulemaking procedures (a) Covered products Section 325(p) of the Energy Policy and Conservation Act ( 42 U.S.C. 6295(p) ) is amended— (1) by redesignating paragraphs (1), (2), (3), and (4) as paragraphs (2), (3), (5), and (6), respectively; (2) by inserting before paragraph (2) (as so redesignated by paragraph (1) of this subsection) the following: (1) The Secretary shall provide an opportunity for public input prior to the issuance of a proposed rule, seeking information— (A) identifying and commenting on design options; (B) on the existence of and opportunities for voluntary nonregulatory actions; and (C) identifying significant subgroups of consumers and manufacturers that merit analysis. ; (3) in paragraph (3) (as so redesignated by paragraph (1) of this subsection)— (A) in subparagraph (C), by striking and after adequate; ; (B) in subparagraph (D), by striking standard. and inserting standard; ; and (C) by adding at the end the following new subparagraphs: (E) whether the technical and economic analytical assumptions, methods, and models used to justify the standard to be prescribed are— (i) justified; and (ii) available and accessible for public review, analysis, and use; and (F) the cumulative regulatory impacts on the manufacturers of the product, taking into account— (i) other government standards affecting energy use; and (ii) other energy conservation standards affecting the same manufacturers. ; and (4) by inserting after paragraph (3) (as so redesignated by paragraph (1) of this subsection) the following: (4) Restriction on test procedure amendments (A) In general Any proposed energy conservation standards rule shall be based on the final test procedure which shall be used to determine compliance, and the public comment period on the proposed standards shall conclude no sooner than 180 days after the date of publication of a final rule revising the test procedure. (B) Exception The Secretary may propose or prescribe an amendment to the test procedures issued pursuant to section 323 for any type or class of covered product after the issuance of a notice of proposed rulemaking to prescribe an amended or new energy conservation standard for that type or class of covered product, but before the issuance of a final rule prescribing any such standard, if— (i) the amendments to the test procedure have consensus support achieved through a rulemaking conducted in accordance with the subchapter III of chapter 5 of title 5, United States Code (commonly known as the Negotiated Rulemaking Act of 1990 ); or (ii) the Secretary receives a statement that is submitted jointly by interested persons that are fairly representative of relevant points of view (including representatives of manufacturers of the type or class of covered product, States, and efficiency advocates), as determined by the Secretary, which contains a recommendation that a supplemental notice of proposed rulemaking is not necessary for the type or class of covered product. . (b) Conforming amendment Section 345(b)(1) of the Energy Policy and Conservation Act ( 42 U.S.C. 6316(b)(1) ) is amended by striking section 325(p)(4), and inserting section 325(p)(3), (4), and (6), . 6 Energy and Water Efficiency 3161. 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; and (D) any other authority that provides water, wastewater, or water reuse services. (2) Secretary The term Secretary means the Secretary of Energy. (3) 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 management 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 advanced and innovative technology-based solutions that will— (A) increase and improve the energy efficiency of water, wastewater, and water reuse systems to help communities across the United States make significant progress in conserving water, saving energy, and reducing costs; (B) support the implementation of innovative processes and the installation of advanced automated systems that provide real-time data on energy and water; and (C) improve energy and water conservation, water quality, and predictive maintenance of energy and water systems, through the use of 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 anticipated to result from the project; (ii) the innovative nature, commercial viability, and reliability of the technology to be used; (iii) the degree to which the project integrates next-generation sensors, software, hardware, analytics, and management tools; (iv) the anticipated cost effectiveness of the pilot project in terms of 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 on a smaller or larger scale, including whether the technology can be implemented by each type of eligible entity; (vi) whether the technology has been successfully deployed elsewhere; (vii) whether the technology is 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; and (VII) 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 Act, the Secretary shall select grant recipients under this section. (B) Evaluations The Secretary shall annually carry out an evaluation of each project for which a grant is provided under this section that— (i) evaluates 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 to the grant recipient to carry out the project. (D) Best practices The Secretary shall make available to the public— (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) Funding To carry out this section, the Secretary is authorized to use not more than $15,000,000, to the extent provided in advance in appropriation Acts. 3162. WaterSense (a) In general The Energy Policy and Conservation Act ( 42 U.S.C. 6201 et seq. ) is amended by adding after section 324A the following: 324B. WaterSense (a) WaterSense (1) In general There is established within the Environmental Protection Agency a voluntary program, to be entitled WaterSense , to identify water efficient products, buildings, landscapes, facilities, processes, and services that 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, through voluntary labeling of, or other forms of communications about, products, buildings, landscapes, facilities, processes, and services while still meeting strict performance criteria. (2) Duties The Administrator, coordinating as appropriate with the Secretary of Energy, shall— (A) establish— (i) a WaterSense label to be used for items meeting the certification criteria established in this section; and (ii) the procedure, including the methods and means, by which an item may be certified to display the WaterSense label; (B) conduct a public awareness education campaign regarding the WaterSense label; (C) preserve the integrity of the WaterSense label by— (i) 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; (ii) overseeing WaterSense certifications made by third parties; (iii) using testing protocols, from the appropriate, applicable, and relevant consensus standards, for the purpose of determining standards compliance; and (iv) auditing the use of the WaterSense label in the marketplace and preventing cases of misuse; and (D) not more often than every six years, review and, if appropriate, update WaterSense criteria for the defined categories of water-efficient product, building, landscape, process, or service, including— (i) providing reasonable notice to interested parties and the public of any such changes, including effective dates, and an explanation of the changes; (ii) soliciting comments from interested parties and the public prior to any such changes; (iii) as appropriate, responding to comments submitted by interested parties and the public; and (iv) providing an appropriate transition time prior to the applicable effective date of any such 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. (b) Use of science In carrying out this section, and, to the degree that an agency action is based on science, the Administrator shall use— (1) the best available peer-reviewed science and supporting studies conducted in accordance with sound and objective scientific practices; and (2) data collected by accepted methods or best available methods (if the reliability of the method and the nature of the decision justify use of the data). (c) Distinction of authorities In setting or maintaining standards 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. (d) Definitions In this section: (1) Administrator The term Administrator means the Administrator of the Environmental Protection Agency. (2) Feasible The term feasible means feasible with the use of the best technology, treatment techniques, and other means that the Administrator finds, after examination for efficacy under field conditions and not solely under laboratory conditions, are available (taking cost into consideration). (3) Secretary The term Secretary means the Secretary of Energy. (4) Water-efficient product, building, landscape, process, or service The term water-efficient product, building, landscape, process, or service means a product, building, landscape, process, or service for a residence or a commercial or institutional building, or its landscape, that is rated for water efficiency and performance, the covered categories of which are— (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; and (G) new water efficient homes certified under the WaterSense program. . (b) Conforming amendment The table of contents for the Energy Policy and Conservation Act ( Public Law 94–163 ; 42 U.S.C. 6201 et seq. ) is amended by inserting after the item relating to section 324A the following new item: Sec. 324B. WaterSense. . B Accountability 1 Market Manipulation, Enforcement, and Compliance 3211. FERC Office of Compliance Assistance and Public Participation Section 319 of the Federal Power Act ( 16 U.S.C. 825q–1 ) is amended to read as follows: 319. Office of Compliance Assistance and Public Participation (a) Establishment There is established within the Commission an Office of Compliance Assistance and Public Participation (referred to in this section as the Office ). The Office shall be headed by a Director. (b) Duties of Director (1) In general The Director of the Office shall promote improved compliance with Commission rules and orders by— (A) making recommendations to the Commission regarding— (i) the protection of consumers; (ii) market integrity and support for the development of responsible market behavior; (iii) the application of Commission rules and orders in a manner that ensures that— (I) rates and charges for, or in connection with, the transmission or sale of electric energy subject to the jurisdiction of the Commission shall be just and reasonable and not unduly discriminatory or preferential; and (II) markets for such transmission and sale of electric energy are not impaired and consumers are not damaged; and (iv) the impact of existing and proposed Commission rules and orders on small entities, as defined in section 601 of title 5, United States Code (commonly known as the Regulatory Flexibility Act); (B) providing entities subject to regulation by the Commission the opportunity to obtain timely guidance for compliance with Commission rules and orders; and (C) providing information to the Commission and Congress to inform policy with respect to energy issues under the jurisdiction of the Commission. (2) Reports and guidance The Director shall, as the Director determines appropriate, issue reports and guidance to the Commission and to entities subject to regulation by the Commission, regarding market practices, proposing improvements in Commission monitoring of market practices, and addressing potential improvements to both industry and Commission practices. (3) Outreach The Director shall promote improved compliance with Commission rules and orders through outreach, publications, and, where appropriate, direct communication with entities regulated by the Commission. . 2 Market Reforms 3221. GAO study on wholesale electricity markets (a) Study and report Not later than 1 year after the date of enactment of this Act, the Comptroller General shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report describing the results of a study of whether and how the current market rules, practices, and structures of each regional transmission entity produce rates that are just and reasonable by— (1) facilitating fuel diversity, the availability of generation resources during emergency and severe weather conditions, resource adequacy, and reliability, including the cost-effective retention and development of needed generation; (2) promoting the equitable treatment of business models, including different utility types, the integration of diverse generation resources, and advanced grid technologies; (3) identifying and addressing regulatory barriers to entry, market-distorting incentives, and artificial constraints on competition; (4) providing transparency regarding dispatch decisions, including the need for out-of-market actions and payments, and the accuracy of day-ahead unit commitments; (5) facilitating the development of necessary natural gas pipeline and electric transmission infrastructure; (6) ensuring fairness and transparency in governance structures and stakeholder processes, including meaningful participation by both voting and nonvoting stakeholder representatives; (7) ensuring the proper alignment of the energy and transmission markets by including both energy and financial transmission rights in the day-ahead markets; (8) facilitating the ability of load-serving entities to self-supply their service territory load; (9) considering, as appropriate, State and local resource planning; and (10) mitigating, to the extent practicable, the disruptive effects of tariff revisions on the economic decisionmaking of market participants. (b) Definitions In this section: (1) Load-serving entity The term load-serving entity has the meaning given that term in section 217 of the Federal Power Act ( 16 U.S.C. 824q ). (2) Regional transmission entity The term regional transmission entity means a Regional Transmission Organization or an Independent System Operator, as such terms are defined in section 3 of the Federal Power Act ( 16 U.S.C. 796 ). 3222. Clarification of facility merger authorization Section 203(a)(1)(B) of the Federal Power Act ( 16 U.S.C. 824b(a)(1)(B) ) is amended by striking such facilities or any part thereof and inserting such facilities, or any part thereof, of a value in excess of $10,000,000 . 3 Code Maintenance 3231. 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. 3232. 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. 3233. 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. 3234. 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. 3235. 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. 3236. 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). 3237. 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. 3238. 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: 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. . 3239. 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. 3240. 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 ) 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. 3241. 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. 3242. 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. 3243. 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. 3244. 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. 3245. 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. 3246. 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). 3247. Technical amendment to Powerplant and Industrial Fuel Use Act of 1978 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 742. 3248. 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 ; (B) by striking subsection (a); and (C) by striking (b) Purposes.— . (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) Section 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. 3249. 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. 1125) is amended by striking the item relating to section 207. 3250. 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 . 3251. 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 amendments 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 570. 3252. 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. 4 Authorization 3261 Authorization There are authorized to be appropriated, out of funds authorized under previously enacted laws, amounts required for carrying out this division and the amendments made by this division. IV Changing Crude Oil Market Conditions 4001. Findings The Congress finds the following: (1) The United States has enjoyed a renaissance in energy production, establishing the United States as the world’s leading oil producer. (2) By authorizing crude oil exports, the Congress can spur domestic energy production, create and preserve jobs, help maintain and strengthen our independent shipping fleet that is essential to national defense, and generate State and Federal revenues. (3) An energy-secure United States that is a net exporter of energy has the potential to transform the security environment around the world, notably in Europe and the Middle East. (4) For our European allies and Israel, the presence of more United States oil in the market will offer more secure supply options, which will strengthen United States strategic alliances and help curtail the use of energy as a political weapon. (5) The 60-ship Maritime Security Fleet is a vital element of our military’s strategic sealift and global response capability. It assures United States-flag ships and United States crews will be available to support the United States military when it needs to mobilize to protect our allies, and is the most prudent and economical solution to meet current and projected sealift requirements for the United States. (6) The Maritime Security Fleet program provides a labor base of skilled American mariners who are available to crew the United States Government-owned strategic sealift fleet, as well as the United States commercial fleet, in both peace and war. (7) The United States has reduced its oil consumption over the past decade, and increasing investment in clean energy technology and energy efficiency will lower energy prices, reduce greenhouse gas emissions, and increase national security. 4002. Repeal Section 103 of the Energy Policy and Conservation Act ( 42 U.S.C. 6212 ) and the item relating thereto in the table of contents of that Act are repealed. 4003. National policy on oil export restrictions Notwithstanding any other provision of law, to promote the efficient exploration, production, storage, supply, marketing, pricing, and regulation of energy resources, including fossil fuels, no official of the Federal Government shall impose or enforce any restriction on the export of crude oil. 4004. Studies (a) Greenhouse gas emissions Not later than 120 days after the date of enactment of this Act, the Secretary of Energy shall conduct, and transmit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Energy and Natural Resources of the Senate the results of, a study on the net greenhouse gas emissions that will result from the repeal of the crude oil export ban under section 4002. (b) Crude oil export study (1) In general The Department of Commerce, in consultation with the Department of Energy, and other departments as appropriate, shall conduct a study of the State and national implications of lifting the crude oil export ban 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 crude oil will have on the economy of the United States; (B) the economic impact that exporting crude oil will have on consumers, taking into account impacts on energy prices; (C) the economic impact that exporting crude oil will have on domestic manufacturing, taking into account impacts on employment; and (D) the economic impact that exporting crude oil will have on the refining sector, taking into account impacts on employment. (3) Report to Congress Not later than 1 year after the date of enactment of this Act, the Bureau of Industry and Security shall submit to Congress a report containing the results of the study conducted under paragraph (1). 4005. Savings clause Nothing in this title limits the authority of the President under the Constitution, the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. ), the National Emergencies Act ( 50 U.S.C. 1601 et seq. ), part B of title II of the Energy Policy and Conservation Act ( 42 U.S.C. 6271 et seq. ), the Trading With the Enemy Act (50 U.S.C. App. 1 et seq.), or any other provision of law that imposes sanctions on a foreign person or foreign government (including any provision of law that prohibits or restricts United States persons from engaging in a transaction with a sanctioned person or government), including a foreign government that is designated as a state sponsor of terrorism, to prohibit exports. 4006. Partnerships with minority serving institutions (a) In general The Department of Energy shall continue to develop and broaden partnerships with minority serving institutions, including Hispanic Serving Institutions (HSI) and Historically Black Colleges and Universities (HBCUs) in the areas of oil and gas exploration, production, midstream, and refining. (b) Public-Private partnerships The Department of Energy shall encourage public-private partnerships between the energy sector and minority serving institutions, including Hispanic Serving Institutions and Historically Black Colleges and Universities. 4007. Report Not later than 10 years after the date of enactment of this Act, the Secretary of Energy and the Secretary of Commerce shall jointly transmit to Congress a report that reviews the impact of lifting the oil export ban under this title as it relates to promoting United States energy and national security. 4008. Report to Congress Not later than 180 days after the date of enactment of this Act, the Secretary of Energy and the Secretary of Commerce shall jointly transmit to Congress a report analyzing how lifting the ban on crude oil exports will help create opportunities for veterans and women in the United States, while promoting energy and national security. 4009. Prohibition on exports of crude oil, refined petroleum products, and petrochemical products to the Islamic Republic of Iran Nothing in this title shall be construed to authorize the export of crude oil, refined petroleum products, and petrochemical products by or through any entity or person, wherever located, subject to the jurisdiction of the United States to any entity or person located in, subject to the jurisdiction of, or sponsored by the Islamic Republic of Iran. V Other Matters 5001. Assessment of regulatory requirements (a) In general Not later than 30 days after the date of enactment of this Act, the Administrator of the Environmental Protection Agency shall ensure that the requirements described in subsection (b) are satisfied. (b) Requirements The Administrator shall satisfy— (1) section 4 of Executive Order No. 12866 ( 5 U.S.C. 601 note) (relating to regulatory planning and review) and Executive Order No. 13563 ( 5 U.S.C. 601 note) (relating to improving regulation and regulatory review) (or any successor Executive order establishing requirements applicable to the uniform reporting of regulatory and deregulatory agendas); (2) section 602 of title 5, United States Code; (3) section 8 of Executive Order No. 13132 ( 5 U.S.C. 601 note) (relating to federalism); and (4) section 202(a) of the Unfunded Mandates Reform Act of 1995 ( 2 U.S.C. 1532(a) ). 5002. Definitions In this title: (1) Covered civil action The term covered civil action means a civil action containing a claim under section 702 of title 5, United States Code, regarding agency action (as defined for the purposes of that section) affecting a covered energy project on Federal land. (2) Covered energy project (A) In general The term covered energy project means— (i) the leasing of Federal land for the exploration, development, production, processing, or transmission of oil, natural gas, coal, geothermal, hydroelectric, biomass, solar, or any other source of energy; and (ii) any action under the lease. (B) Exclusion The term covered energy project does not include any dispute between the parties to a lease regarding the obligations under the lease, including any alleged breach of the lease. 5003. Exclusive venue for certain civil actions relating to covered energy projects Venue for any covered civil action shall lie in the United States district court in which the covered energy project or lease exists or is proposed. 5004. Timely filing To ensure timely redress by the courts, a covered civil action shall be filed not later than the end of the 90-day period beginning on the date of the final Federal agency action to which the covered civil action relates. 5005. Expedition in hearing and determining the action The court shall endeavor to hear and determine any covered civil action as expeditiously as practicable. 5006. Limitation on injunction and prospective relief (a) In general In a covered civil action, a court shall not grant or approve any prospective relief unless the court finds that the relief— (1) is narrowly drawn; (2) extends no further than necessary to correct the violation of a legal requirement; and (3) is the least intrusive means necessary to correct the violation. (b) Duration (1) In general A court shall limit the duration of preliminary injunctions to halt covered energy projects to not more than 60 days, unless the court finds clear reasons to extend the injunction. (2) Administration In the case of an extension, the extension shall— (A) only be in 30-day increments; and (B) require action by the court to renew the injunction. (c) In general Sections 504 of title 5 and 2412 of title 28, United States Code (commonly known as the Equal Access to Justice Act ), shall not apply to a covered civil action. (d) Court costs A party to a covered civil action shall not receive payment from the Federal Government for the attorneys’ fees, expenses, or other court costs incurred by the party. 5007. Legal standing A challenger that files an appeal with the Department of the Interior Board of Land Appeals shall meet the same standing requirements as a challenger before a United States district court. 5008. Study to identify legal and regulatory barriers that delay, prohibit, or impede the export of natural energy resources Not later than 1 year after the date of enactment of this Act, the Secretary of Energy and the Secretary of Commerce shall jointly transmit to the Committee on Energy and Commerce and the Committee on Natural Resources of the House of Representatives, and the Committee on Commerce, Science, and Transportation and the Committee on Energy and Natural Resources of the Senate, the results of a study to— (1) identify legal and regulatory barriers that delay, prohibit, or impede the export of natural energy resources, including government and technical (physical or market) barriers that hinder coal, natural gas, oil, and other energy exports; and (2) estimate the economic impacts of such barriers. 5009. Study of volatility of crude oil Not later than 1 year after the date of enactment of this Act, the Secretary of Energy shall transmit to Congress the results of a study to determine the maximum level of volatility that is consistent with the safest practicable shipment of crude oil by rail. 5010. Smart meter privacy rights (a) Electrical corporation or gas corporations (1) For purposes of this section, electrical or gas consumption data means data about a customer’s electrical or natural gas usage that is made available as part of an advanced metering infrastructure, and includes the name, account number, or residence of the customer. (2) (A) An electrical corporation or gas corporation shall not share, disclose, or otherwise make accessible to any third party a customer’s electrical or gas consumption data, except as provided in subsection (a)(5) or upon the consent of the customer. (B) An electrical corporation or gas corporation shall not sell a customer’s electrical or gas consumption data or any other personally identifiable information for any purpose. (C) The electrical corporation or gas corporation or its contractors shall not provide an incentive or discount to the customer for accessing the customer’s electrical or gas consumption data without the prior consent of the customer. (D) An electrical or gas corporation that utilizes an advanced metering infrastructure that allows a customer to access the customer’s electrical and gas consumption data shall ensure that the customer has an option to access that data without being required to agree to the sharing of his or her personally identifiable information, including electrical or gas consumption data, with a third party. (3) If an electrical corporation or gas corporation contracts with a third party for a service that allows a customer to monitor his or her electricity or gas usage, and that third party uses the data for a secondary commercial purpose, the contract between the electrical corporation or gas corporation and the third party shall provide that the third party prominently discloses that secondary commercial purpose to the customer. (4) An electrical corporation or gas corporation shall use reasonable security procedures and practices to protect a customer’s unencrypted electrical or gas consumption data from unauthorized access, destruction, use, modification, or disclosure. (5) (A) Nothing in this section shall preclude an electrical corporation or gas corporation from using customer aggregate electrical or gas consumption data for analysis, reporting, or program management if all information has been removed regarding the individual identity of a customer. (B) Nothing in this section shall preclude an electrical corporation or gas corporation from disclosing a customer’s electrical or gas consumption data to a third party for system, grid, or operational needs, or the implementation of demand response, energy management, or energy efficiency programs, provided that, for contracts entered into after January 1, 2016, the utility has required by contract that the third party implement and maintain reasonable security procedures and practices appropriate to the nature of the information, to protect the personal information from unauthorized access, destruction, use, modification, or disclosure, and prohibits the use of the data for a secondary commercial purpose not related to the primary purpose of the contract without the customer’s consent. (C) Nothing in this section shall preclude an electrical corporation or gas corporation from disclosing electrical or gas consumption data as required or permitted under State or Federal law or by an order of a State public utility commission. (6) If a customer chooses to disclose his or her electrical or gas consumption data to a third party that is unaffiliated with, and has no other business relationship with, the electrical or gas corporation, the electrical or gas corporation shall not be responsible for the security of that data, or its use or misuse. (b) Local publicly owned electric utilities (1) For purposes of this section, electrical consumption data means data about a customer’s electrical usage that is made available as part of an advanced metering infrastructure, and includes the name, account number, or residence of the customer. (2) (A) A local publicly owned electric utility shall not share, disclose, or otherwise make accessible to any third party a customer’s electrical consumption data, except as provided in subsection (b) (5) or upon the consent of the customer. (B) A local publicly owned electric utility shall not sell a customer’s electrical consumption data or any other personally identifiable information for any purpose. (C) The local publicly owned electric utility or its contractors shall not provide an incentive or discount to the customer for accessing the customer’s electrical consumption data without the prior consent of the customer. (D) A local publicly owned electric utility that utilizes an advanced metering infrastructure that allows a customer to access the customer’s electrical consumption data shall ensure that the customer has an option to access that data without being required to agree to the sharing of his or her personally identifiable information, including electrical consumption data, with a third party. (3) If a local publicly owned electric utility contracts with a third party for a service that allows a customer to monitor his or her electricity usage, and that third party uses the data for a secondary commercial purpose, the contract between the local publicly owned electric utility and the third party shall provide that the third party prominently discloses that secondary commercial purpose to the customer. (4) A local publicly owned electric utility shall use reasonable security procedures and practices to protect a customer’s unencrypted electrical consumption data from unauthorized access, destruction, use, modification, or disclosure, and prohibits the use of the data for a secondary commercial purpose not related to the primary purpose of the contract without the customer’s consent. (5) (A) Nothing in this section shall preclude a local publicly owned electric utility from using customer aggregate electrical consumption data for analysis, reporting, or program management if all information has been removed regarding the individual identity of a customer. (B) Nothing in this section shall preclude a local publicly owned electric utility from disclosing a customer’s electrical consumption data to a third party for system, grid, or operational needs, or the implementation of demand response, energy management, or energy efficiency programs, provided, for contracts entered into after January 1, 2016, that the utility has required by contract that the third party implement and maintain reasonable security procedures and practices appropriate to the nature of the information, to protect the personal information from unauthorized access, destruction, use, modification, or disclosure. (C) Nothing in this section shall preclude a local publicly owned electric utility from disclosing electrical consumption data as required under State or Federal law. (6) If a customer chooses to disclose his or her electrical consumption data to a third party that is unaffiliated with, and has no other business relationship with, the local publicly owned electric utility, the utility shall not be responsible for the security of that data, or its use or misuse. 5011. Youth energy enterprise competition The Secretaries of Energy and Commerce shall jointly establish an energy enterprise competition to encourage youth to propose solutions to the energy challenges of the United States and to promote youth interest in careers in science, technology, engineering, and math, especially as those fields relate to energy. 5012. 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, 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 by striking Negroes, Spanish-speaking, Orientals, Indians, Eskimos, and Aleuts and inserting Asian American, African American, Hispanic, Native American, or Alaska Natives . 5013. Voluntary vegetation management outside rights-of-way (a) Authorization The Secretary of the Interior or the Secretary of Agriculture may authorize an owner or operator of an electric transmission or distribution facility to manage vegetation selectively within 150 feet of the exterior boundary of the right-of-way near structures for selective thinning and fuel reduction. (b) Status of removed vegetation Any vegetation removed pursuant to this section shall be the property of the United States and not available for sale by the owner or operator. (c) Limitation on liability An owner or operator of an electric transmission or distribution facility shall not be held liable for wildlife damage, loss, or injury, including the cost of fire suppression, resulting from activities carried out pursuant to subsection (a) except in the case of harm resulting from the owner or operator’s gross negligence or criminal misconduct. 5014. Repeal of rule for new residential wood heaters The final rule entitled Standards of Performance for New Residential Wood Heaters, New Residential Hydronic Heaters and Forced-Air Furnaces published at 80 Fed. Reg. 13672 (March 16, 2015) shall have no force or effect and shall be treated as if such rule had never been issued. VI Promoting Renewable Energy with Shared Solar 6001. Short title This title may be cited as the Promoting Renewable Energy with Shared Solar Act of 2016 . 6002. Provision of interconnection service and net billing service for community solar facilities (a) In general Section 111(d) of the Public Utility Regulatory Policies Act of 1978 ( 16 U.S.C. 2621(d) ) is amended by adding at the end the following: (20) Community solar facilities (A) Definitions In this paragraph: (i) Community solar facility The term community solar facility means a solar photovoltaic system that— (I) allocates electricity to multiple individual electric consumers of an electric utility; (II) has a nameplate rating of 2 megawatts or less; and (III) is— (aa) owned by the electric utility, jointly owned, or third-party-owned; (bb) connected to a local distribution facility of the electric utility; and (cc) located on or off the property of a consumer of the electricity. (ii) Interconnection service The term interconnection service means a service provided by an electric utility to an electric consumer, in accordance with the standards described in paragraph (15), through which a community solar facility is connected to an applicable local distribution facility. (iii) Net billing service The term net billing service means a service provided by an electric utility to an electric consumer through which electric energy generated for that electric consumer from a community solar facility may be used to offset electric energy provided by the electric utility to the electric consumer during the applicable billing period. (B) Requirement On receipt of a request of an electric consumer served by the electric utility, each electric utility shall make available to the electric consumer interconnection service and net billing service for a community solar facility. . (b) Compliance (1) Time limitations Section 112(b) of the Public Utility Regulatory Policies Act of 1978 ( 16 U.S.C. 2622(b) ) is amended by adding at the end the following: (7) (A) Not later than 1 year after the date of enactment of this paragraph, each State regulatory authority (with respect to each electric utility for which the State has ratemaking authority) and each nonregulated utility shall commence consideration under section 111, or set a hearing date for consideration, with respect to the standard established by paragraph (20) of section 111(d). (B) Not later than 2 years after the date of enactment of this paragraph, each State regulatory authority (with respect to each electric utility for which the State has ratemaking authority), and each nonregulated electric utility shall complete the consideration and make the determination under section 111 with respect to the standard established by paragraph (20) of section 111(d). . (2) Failure to comply (A) In general Section 112(c) of the Public Utility Regulatory Policies Act of 1978 ( 16 U.S.C. 2622(c) ) is amended— (i) by striking such paragraph (14) and all that follows through paragraphs (16) and inserting such paragraph (14). In the case of the standard established by paragraph (15) of section 111(d), the reference contained in this subsection to the date of enactment of this Act shall be deemed to be a reference to the date of enactment of that paragraph (15). In the case of the standards established by paragraphs (16) ; and (ii) by adding at the end the following: In the case of the standard established by paragraph (20) of section 111(d), the reference contained in this subsection to the date of enactment of this Act shall be deemed to be a reference to the date of enactment of that paragraph (20). . (B) Technical correction (i) In general Section 1254(b) of the Energy Policy Act of 2005 ( Public Law 109–58 ; 119 Stat. 971) is amended by striking paragraph (2). (ii) Treatment The amendment made by paragraph (2) of section 1254(b) of the Energy Policy Act of 2005 ( Public Law 109–58 ; 119 Stat. 971) (as in effect on the day before the date of enactment of this Act) is void, and section 112(d) of the Public Utility Regulatory Policies Act of 1978 ( 16 U.S.C. 2622(d) ) shall be in effect as if those amendments had not been enacted. (3) Prior State actions (A) In general Section 112 of the Public Utility Regulatory Policies Act of 1978 ( 16 U.S.C. 2622 ) is amended by adding at the end the following: (g) Prior State actions Subsections (b) and (c) shall not apply to the standard established by paragraph (20) of section 111(d) in the case of any electric utility in a State if, before the date of enactment of this subsection— (1) the State has implemented for the electric utility the standard (or a comparable standard); (2) the State regulatory authority for the State or the relevant nonregulated electric utility has conducted a proceeding to consider implementation of the standard (or a comparable standard) for the electric utility; or (3) the State legislature has voted on the implementation of the standard (or a comparable standard) for the electric utility. . (B) Cross-reference Section 124 of the Public Utility Regulatory Policy Act of 1978 ( 16 U.S.C. 2634 ) is amended by adding at the end the following: In the case of the standard established by paragraph (20) of section 111(d), the reference contained in this subsection to the date of enactment of this Act shall be deemed to be a reference to the date of enactment of that paragraph (20). . VII Marine Hydrokinetic 7001. 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 . 7002. 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: 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— (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 the efficacy of 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; (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 international research centers and international companies to participate in the development of water technology in the United States and to encourage United States research centers and United States companies to participate in water technology projects abroad. . 7003. National Marine Renewable Energy Research, Development, and Demonstration Centers Section 634(b) of the Energy Independence and Security Act of 2007 ( 42 U.S.C. 17213(b) ) is amended to read as follows: (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. . 7004. Authorization of appropriations Section 636 of the Energy Independence and Security Act of 2007 ( 42 U.S.C. 17215 ) is amended by striking 2008 through 2012 and inserting 2016 through 2019 . VIII Extensions of Time for Various Federal Energy Regulatory Commission Projects 8001. Extension of time for 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. 8002. Extension of time for 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 ). 8003. Extension of time for Federal Energy Regulatory Commission project involving Jennings Randolph 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 12715, 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 Commission’s procedures under that section, extend the time period during which the licensee is required to commence the construction of the project for up to three consecutive 2-year periods from the date of the expiration of the extension originally issued by the Commission. Any obligation of the licensee for the payment of annual charges under section 10(e) of the Federal Power Act ( 16 U.S.C. 803(e) ) shall commence upon conclusion of the time period to commence construction of the project, as extended by the Commission under this subsection. (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 the enactment of this Act, the Commission shall reinstate the license effective as of the date of its expiration and the first extension authorized under subsection (a) shall take effect on the date of such expiration. 8004. Extension of time for 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 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 Commission’s procedures under that section, extend the time period during which the licensee is required to commence the construction of the project for up to four consecutive 2-year periods from the date of the expiration of the time period required for commencement of construction prescribed in the license. (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 the enactment of this Act, the Commission may reinstate the license effective as of the date of its expiration and the first extension authorized under subsection (a) shall take effect on the date of such expiration. 8005. Extension of time for Federal Energy Regulatory Commission project involving Gathright 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 12737, 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 Commission’s procedures under that section, extend the time period during which the licensee is required to commence the construction of the project for up to three 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 the enactment of this Act, the Commission may reinstate the license for the project effective as of the date of its expiration and the first extension authorized under subsection (a) shall take effect on the date of such expiration. 8006. Extension of time for Federal Energy Regulatory Commission project involving Flannagan 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 12740, 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 Commission’s procedures under that section, extend the time period during which the licensee is required to commence the construction of the project for up to three 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 the enactment of this Act, the Commission may reinstate the license for the project effective as of the date of its expiration and the first extension authorized under subsection (a) shall take effect on the date of such expiration. IX Energy and Manufacturing Workforce Development 9001. Energy and manufacturing workforce development (a) In general The Secretary of Energy (in this title referred to as the Secretary ) shall prioritize education and training for energy and manufacturing-related jobs in order to increase the number of skilled workers trained to work in energy and manufacturing-related fields when considering awards for existing grant programs, including by— (1) encouraging State education agencies and local educational agencies to equip students with the skills, mentorships, training, and technical expertise necessary to fill the employment opportunities vital to managing and operating the Nation’s energy and manufacturing industries, in collaboration with representatives from the energy and manufacturing industries (including the oil, gas, coal, nuclear, utility, pipeline, renewable, petrochemical, manufacturing, and electrical construction sectors) to identify the areas of highest need in each sector and the skills necessary for a high quality workforce in the following sectors of energy and manufacturing: (A) Energy efficiency industry, including work in energy efficiency, conservation, weatherization, or retrofitting, or as inspectors or auditors. (B) Pipeline industry, including work in pipeline construction and maintenance or work as engineers or technical advisors. (C) Utility industry, including work in the generation, transmission, and distribution of electricity and natural gas, such as utility technicians, operators, lineworkers, engineers, scientists, and information technology specialists. (D) Nuclear industry, including work as scientists, engineers, technicians, mathematicians, or security personnel. (E) Oil and gas industry, including work as scientists, engineers, technicians, mathematicians, petrochemical engineers, or geologists. (F) Renewable industry, including work in the development, manufacturing, and production of renewable energy sources (such as solar, hydropower, wind, or geothermal energy). (G) Coal industry, including work as coal miners, engineers, developers and manufacturers of state-of-the-art coal facilities, technology vendors, coal transportation workers and operators, or mining equipment vendors. (H) Manufacturing industry, including work as operations technicians, operations and design in additive manufacturing, 3–D printing, advanced composites, and advanced aluminum and other metal alloys, industrial energy efficiency management systems, including power electronics, and other innovative technologies. (I) Chemical manufacturing industry, including work in construction (such as welders, pipefitters, and tool and die makers) or as instrument and electrical technicians, machinists, chemical process operators, chemical engineers, quality and safety professionals, and reliability engineers; and (2) strengthening and more fully engaging Department of Energy programs and labs in carrying out the Department’s workforce development initiatives including the Minorities in Energy Initiative. (b) Prohibition Nothing in this section shall be construed to authorize the Secretary or any other officer or employee of the Federal Government to incentivize, require, or coerce a State, school district, or school to adopt curricula aligned to the skills described in subsection (a). (c) Priority The Secretary shall prioritize the education and training of underrepresented groups in energy and manufacturing-related jobs. (d) Clearinghouse In carrying out this section, the Secretary shall establish a clearinghouse to— (1) maintain and update information and resources on training and workforce development programs for energy and manufacturing-related jobs, including job training and workforce development programs available to assist displaced and unemployed energy and manufacturing workers transitioning to new employment; and (2) provide technical assistance for States, local educational agencies, schools, community colleges, universities (including minority serving institutions), workforce development programs, labor-management organizations, and industry organizations that would like to develop and implement energy and manufacturing-related training programs. (e) Collaboration In carrying out this section, the Secretary— (1) shall collaborate with States, local educational agencies, schools, community colleges, universities (including minority serving institutions), workforce-training organizations, national laboratories, State energy offices, workforce investment boards, and the energy and manufacturing industries; (2) shall encourage and foster collaboration, mentorships, and partnerships among organizations (including industry, States, local educational agencies, schools, community colleges, workforce-development organizations, and colleges and universities) that currently provide effective job training programs in the energy and manufacturing fields and entities (including States, local educational agencies, schools, community colleges, workforce development programs, and colleges and universities) that seek to establish these types of programs in order to share best practices; and (3) shall collaborate with the Bureau of Labor Statistics, the Department of Commerce, the Bureau of the Census, States, and the energy and manufacturing industries to develop a comprehensive and detailed understanding of the energy and manufacturing workforce needs and opportunities by State and by region. (f) Outreach to minority serving institutions In carrying out this section, the Secretary shall— (1) give special consideration to increasing outreach to minority serving institutions and Historically Black Colleges and Universities; (2) make existing resources available through program cross-cutting 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; (3) encourage industry to improve the opportunities for students of minority serving institutions to participate in industry internships and cooperative work/study programs; and (4) partner with the Department of Energy laboratories to increase underrepresented groups’ participation in internships, fellowships, traineeships, and employment at all Department of Energy laboratories. (g) Outreach to dislocated energy and manufacturing workers In carrying out this section, the Secretary shall— (1) give special consideration to increasing outreach to employers and job trainers preparing dislocated energy and manufacturing workers for in-demand sectors or occupations; (2) make existing resources available through program cross-cutting to institutions serving dislocated energy and manufacturing workers with the objective of training individuals to re-enter in-demand sectors or occupations; (3) encourage the energy and manufacturing industries to improve opportunities for dislocated energy and manufacturing workers to participate in career pathways; and (4) work closely with the energy and manufacturing industries to identify energy and manufacturing operations, such as coal-fired power plants and coal mines, scheduled for closure and to provide early intervention assistance to workers employed at such energy and manufacturing operations by— (A) partnering with State and local workforce development boards; (B) giving special consideration to employers and job trainers preparing such workers for in-demand sectors or occupations; (C) making existing resources available through program cross-cutting to institutions serving such workers with the objective of training them to re-enter in-demand sectors or occupations; and (D) encouraging the energy and manufacturing industries to improve opportunities for such workers to participate in career pathways. (h) Enrollment in workforce development programs In carrying out this section, the Secretary shall work with industry and community-based workforce organizations to help identify candidates, including from underrepresented communities such as minorities, women, and veterans, to enroll in workforce development programs for energy and manufacturing-related jobs. (i) Prohibition Nothing in this section shall be construed as authorizing the creation of a new workforce development program. (j) Definitions In this section: (1) Career pathways; dislocated worker; in-demand sectors or occupations; local workforce development board; State workforce development board The terms career pathways , dislocated worker , in-demand sectors or occupations , local workforce development board , and State workforce development board have the meanings given the terms career pathways , dislocated worker , in-demand sectors or occupations , local board , and State board , respectively, in section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 ). (2) Minority-serving institution The term minority-serving institution means an institution of higher education with a designation of one of the following: (A) Hispanic-serving institution (as defined in 20 U.S.C.1101a(a)(5)). (B) Tribal College or University (as defined in 20 U.S.C.1059c(b)). (C) Alaska Native-serving institution or a Native Hawaiian-serving institution (as defined in 20 U.S.C.1059d(b)). (D) Predominantly Black Institution (as defined in 20 U.S.C.1059e(b)). (E) Native American-serving nontribal institution (as defined in 20 U.S.C.1059f(b)). (F) Asian American and Native American Pacific Islander-serving institution (as defined in 20 U.S.C.1059g(b)). 9002. Report Five years after the date of enactment of this Act, the Secretary shall publish a comprehensive report to the Committee on Energy and Commerce and the Committee on Education and the Workforce of the House of Representatives and the Senate Energy and Natural Resources Committee on the outlook for energy and manufacturing sectors nationally. The report shall also include a comprehensive summary of energy and manufacturing job creation as a result of the enactment of this title. The report shall include performance data regarding the number of program participants served, the percentage of participants in competitive integrated employment two quarters and four quarters after program completion, the median income of program participants two quarters and four quarters after program completion, and the percentage of program participants receiving industry-recognized credentials. 9003. Use of existing funds No additional funds are authorized to carry out the requirements of this title. Such requirements shall be carried out using amounts otherwise authorized. B Resilient Federal Forests 1. Short title This division may be cited as the Resilient Federal Forests Act of 2016 . 2. Definitions In titles I through VIII of this division: (1) Catastrophic event The term catastrophic event means any natural disaster (such as hurricane, tornado, windstorm, snow or ice storm, rain storm, high water, wind-driven water, tidal wave, earthquake, volcanic eruption, landslide, mudslide, drought, or insect or disease outbreak) or any fire, flood, or explosion, regardless of cause. (2) Categorical exclusion The term categorical exclusion refers to an exception to the requirements of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4331 et seq. ) for a project or activity relating to the management of National Forest System lands or public lands. (3) Collaborative process The term collaborative process refers to a process relating to the management of National Forest System lands or public lands by which a project or activity is developed and implemented by the Secretary concerned through collaboration with interested persons, as described in section 603(b)(1)(C) of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6591b(b)(1)(C) ). (4) Community wildfire protection plan The term community wildfire protection plan has the meaning given that term in section 101(3) of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6511(3) ). (5) Coos Bay Wagon Road Grant lands The term Coos Bay Wagon Road Grant lands means the lands reconveyed to the United States pursuant to the first section of the Act of February 26, 1919 (40 Stat. 1179). (6) Forest management activity The term forest management activity means a project or activity carried out by the Secretary concerned on National Forest System lands or public lands in concert with the forest plan covering the lands. (7) Forest plan The term forest plan means— (A) a land use plan prepared by the Bureau of Land Management for public lands pursuant to section 202 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1712 ); or (B) a land and resource management plan prepared by the Forest Service for a unit of the National Forest System pursuant to section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974 ( 16 U.S.C. 1604 ). (8) Large-scale catastrophic event The term large-scale catastrophic event means a catastrophic event that adversely impacts at least 5,000 acres of reasonably contiguous National Forest System lands or public lands. (9) National forest system The term National Forest System has the meaning given that term in section 11(a) of the Forest and Rangeland Renewable Resources Planning Act of 1974 ( 16 U.S.C. 1609(a) ). (10) Oregon and California Railroad Grant lands The term Oregon and California Railroad Grant lands means the following lands: (A) All lands in the State of Oregon revested in the United States under the Act of June 9, 1916 (39 Stat. 218), that are administered by the Secretary of the Interior, acting through the Bureau of Land Management, pursuant to the first section of the Act of August 28, 1937 ( 43 U.S.C. 1181a ). (B) All lands in that State obtained by the Secretary of the Interior pursuant to the land exchanges authorized and directed by section 2 of the Act of June 24, 1954 ( 43 U.S.C. 1181h ). (C) All lands in that State acquired by the United States at any time and made subject to the provisions of title II of the Act of August 28, 1937 ( 43 U.S.C. 1181f ). (11) Public lands The term public lands has the meaning given that term in section 103(e) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1702(e) ), except that the term includes Coos Bay Wagon Road Grant lands and Oregon and California Railroad Grant lands. (12) Reforestation activity The term reforestation activity means a project or activity carried out by the Secretary concerned whose primary purpose is the reforestation of impacted lands following a large-scale catastrophic event. The term includes planting, evaluating and enhancing natural regeneration, clearing competing vegetation, and other activities related to reestablishment of forest species on the fire-impacted lands. (13) Resource advisory committee The term resource advisory committee has the meaning given that term in section 201(3) of the Secure Rural Schools and Community Self-Determination Act of 2000 ( 16 U.S.C. 7121(3) ). (14) Salvage operation The term salvage operation means a forest management activity undertaken in response to a catastrophic event whose primary purpose— (A) is to prevent wildfire as a result of the catastrophic event, or, if the catastrophic event was wildfire, to prevent a re-burn of the fire-impacted area; (B) is to provide an opportunity for utilization of forest materials damaged as a result of the catastrophic event; or (C) is to provide a funding source for reforestation and other restoration activities for the National Forest System lands or public lands impacted by the catastrophic event. (15) Secretary concerned The term Secretary concerned means— (A) the Secretary of Agriculture, with respect to National Forest System lands; and (B) the Secretary of the Interior, with respect to public lands. I Expedited Environmental Analysis and Availability of Categorical Exclusions to Expedite Forest Management Activities 101. Analysis of only two alternatives (action versus no action) in proposed collaborative forest management activities (a) Application to certain Environmental Assessments and Environmental Impact Statements This section shall apply whenever the Secretary concerned prepares an environmental assessment or an environmental impact statement pursuant to section 102(2) of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332(2) ) for a forest management activity that— (1) is developed through a collaborative process; (2) is proposed by a resource advisory committee; or (3) is covered by a community wildfire protection plan. (b) Consideration of Alternatives In an environmental assessment or environmental impact statement described in subsection (a), the Secretary concerned shall study, develop, and describe only the following two alternatives: (1) The forest management activity, as proposed pursuant to paragraph (1), (2), or (3) of subsection (a). (2) The alternative of no action. (c) Elements of Non-Action Alternative In the case of the alternative of no action, the Secretary concerned shall evaluate— (1) the effect of no action on— (A) forest health; (B) habitat diversity; (C) wildfire potential; and (D) insect and disease potential; and (2) the implications of a resulting decline in forest health, loss of habitat diversity, wildfire, or insect or disease infestation, given fire and insect and disease historic cycles, on— (A) domestic water costs; (B) wildlife habitat loss; and (C) other economic and social factors. 102. Categorical exclusion to expedite certain critical response actions (a) Availability of categorical exclusion A categorical exclusion is available to the Secretary concerned to develop and carry out a forest management activity on National Forest System lands or public lands when the primary purpose of the forest management activity is— (1) to address an insect or disease infestation; (2) to reduce hazardous fuel loads; (3) to protect a municipal water source; (4) to maintain, enhance, or modify critical habitat to protect it from catastrophic disturbances; (5) to increase water yield; or (6) any combination of the purposes specified in paragraphs (1) through (5). (b) Acreage limitations (1) In general Except in the case of a forest management activity described in paragraph (2), a forest management activity covered by the categorical exclusion granted by subsection (a) may not contain harvest units exceeding a total of 5,000 acres. (2) Larger areas authorized A forest management activity covered by the categorical exclusion granted by subsection (a) may not contain harvest units exceeding a total of 15,000 acres if the forest management activity— (A) is developed through a collaborative process; (B) is proposed by a resource advisory committee; or (C) is covered by a community wildfire protection plan. 103. Categorical exclusion to expedite salvage operations in response to catastrophic events (a) Availability of categorical exclusion A categorical exclusion is available to the Secretary concerned to develop and carry out a salvage operation as part of the restoration of National Forest System lands or public lands following a catastrophic event. (b) Acreage limitations (1) In general A salvage operation covered by the categorical exclusion granted by subsection (a) may not contain harvest units exceeding a total of 5,000 acres. (2) Harvest area In addition to the limitation imposed by paragraph (1), the harvest units covered by the categorical exclusion granted by subsection (a) may not exceed one-third of the area impacted by the catastrophic event. (c) Additional requirements (1) Road building A salvage operation covered by the categorical exclusion granted by subsection (a) may not include any new permanent roads. Temporary roads constructed as part of the salvage operation shall be retired before the end of the fifth fiscal year beginning after the completion of the salvage operation. (2) Stream buffers A salvage operation covered by the categorical exclusion granted by subsection (a) shall comply with the standards and guidelines for stream buffers contained in the applicable forest plan unless waived by the Regional Forester, in the case of National Forest System lands, or the State Director of the Bureau of Land Management, in the case of public lands. (3) Reforestation plan A reforestation plan shall be developed under section 3 of the Act of June 9, 1930 (commonly known as the Knutson-Vandenberg Act; 16 U.S.C. 576b ), as part of a salvage operation covered by the categorical exclusion granted by subsection (a). 104. Categorical exclusion to meet forest plan goals for early successional forests (a) Availability of categorical exclusion A categorical exclusion is available to the Secretary concerned to develop and carry out a forest management activity on National Forest System lands or public lands when the primary purpose of the forest management activity is to modify, improve, enhance, or create early successional forests for wildlife habitat improvement and other purposes, consistent with the applicable forest plan. (b) Project goals To the maximum extent practicable, the Secretary concerned shall design a forest management activity under this section to meet early successional forest goals in such a manner so as to maximize production and regeneration of priority species, as identified in the forest plan and consistent with the capability of the activity site. (c) Acreage limitations A forest management activity covered by the categorical exclusion granted by subsection (a) may not contain harvest units exceeding a total of 5,000 acres. 105. Clarification of existing categorical exclusion authority related to insect and disease infestation Section 603(c)(2)(B) of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6591b(c)(2)(B) ) is amended by striking Fire Regime Groups I, II, or III and inserting Fire Regime I, Fire Regime II, Fire Regime III, or Fire Regime IV . 106. Categorical exclusion to improve, restore, and reduce the risk of wildfire (a) Availability of categorical exclusion A categorical exclusion is available to the Secretary concerned to carry out a forest management activity described in subsection (c) on National Forest System Lands or public lands when the primary purpose of the activity is to improve, restore, or reduce the risk of wildfire on those lands. (b) Acreage limitations A forest management activity covered by the categorical exclusion granted by subsection (a) may not exceed 5,000 acres. (c) Authorized activities The following activities may be carried out using a categorical exclusion granted by subsection (a): (1) Removal of juniper trees, medusahead rye, conifer trees, piñon pine trees, cheatgrass, and other noxious or invasive weeds specified on Federal or State noxious weeds lists through late-season livestock grazing, targeted livestock grazing, prescribed burns, and mechanical treatments. (2) Performance of hazardous fuels management. (3) Creation of fuel and fire breaks. (4) Modification of existing fences in order to distribute livestock and help improve wildlife habitat. (5) Installation of erosion control devices. (6) Construction of new and maintenance of permanent infrastructure, including stock ponds, water catchments, and water spring boxes used to benefit livestock and improve wildlife habitat. (7) Performance of soil treatments, native and non-native seeding, and planting of and transplanting sagebrush, grass, forb, shrub, and other species. (8) Use of herbicides, so long as the Secretary concerned determines that the activity is otherwise conducted consistently with agency procedures, including any forest plan applicable to the area covered by the activity. (d) Definitions In this section: (1) Hazardous fuels management The term hazardous fuels management means any vegetation management activities that reduce the risk of wildfire. (2) Late-season grazing The term late-season grazing means grazing activities that occur after both the invasive species and native perennial species have completed their current-year annual growth cycle until new plant growth begins to appear in the following year. (3) Targeted livestock grazing The term targeted livestock grazing means grazing used for purposes of hazardous fuel reduction. 107. Compliance with forest plan A forest management activity covered by a categorical exclusion granted by this title shall be conducted in a manner consistent with the forest plan applicable to the National Forest System land or public lands covered by the forest management activity. II Salvage and Reforestation in Response to Catastrophic Events 201. Expedited salvage operations and reforestation activities following large-scale catastrophic events (a) Expedited environmental assessment Notwithstanding any other provision of law, any environmental assessment prepared by the Secretary concerned pursuant to section 102(2) of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332(2) ) for a salvage operation or reforestation activity proposed to be conducted on National Forest System lands or public lands adversely impacted by a large-scale catastrophic event shall be completed within 3 months after the conclusion of the catastrophic event. (b) Expedited implementation and completion In the case of reforestation activities conducted on National Forest System lands or public lands adversely impacted by a large-scale catastrophic event, the Secretary concerned shall achieve reforestation of at least 75 percent of the impacted lands during the 5-year period following the conclusion of the catastrophic event. (c) Availability of Knutson-Vandenberg funds Amounts in the special fund established pursuant to section 3 of the Act of June 9, 1930 (commonly known as the Knutson-Vandenberg Act; 16 U.S.C. 576b ) shall be available to the Secretary of Agriculture for reforestation activities authorized by this title. (d) Timeline for Public Input Process Notwithstanding any other provision of law, in the case of a salvage operation or reforestation activity proposed to be conducted on National Forest System lands or public lands adversely impacted by a large-scale catastrophic event, the Secretary concerned shall allow 30 days for public scoping and comment, 15 days for filing an objection, and 15 days for the agency response to the filing of an objection. Upon completion of this process and expiration of the period specified in subsection (a), the Secretary concerned shall implement the project immediately. 202. Compliance with forest plan A salvage operation or reforestation activity authorized by this title shall be conducted in a manner consistent with the forest plan applicable to the National Forest System lands or public lands covered by the salvage operation or reforestation activity. 203. Prohibition on restraining orders, preliminary injunctions, and injunctions pending appeal No restraining order, preliminary injunction, or injunction pending appeal shall be issued by any court of the United States with respect to any decision to prepare or conduct a salvage operation or reforestation activity in response to a large-scale catastrophic event. Section 705 of title 5, United States Code, shall not apply to any challenge to the salvage operation or reforestation activity. 204. Exclusion of certain lands In applying this title, the Secretary concerned may not carry out salvage operations or reforestation activities on National Forest System lands or public lands— (1) that are included in the National Wilderness Preservation System; (2) that are located within an inventoried roadless area unless the reforestation activity is consistent with the forest plan; or (3) on which timber harvesting for any purpose is prohibited by statute. III Collaborative Project Litigation Requirement 301. Definitions In this title: (1) Costs The term costs refers to the fees and costs described in section 1920 of title 28, United States Code. (2) Expenses The term expenses includes the expenditures incurred by the staff of the Secretary concerned in preparing for and responding to a legal challenge to a collaborative forest management activity and in participating in litigation that challenges the forest management activity, including such staff time as may be used to prepare the administrative record, exhibits, declarations, and affidavits in connection with the litigation. 302. Bond requirement as part of legal challenge of certain forest management activities (a) Bond required In the case of a forest management activity developed through a collaborative process or proposed by a resource advisory committee, any plaintiff or plaintiffs challenging the forest management activity shall be required to post a bond or other security equal to the anticipated costs, expenses, and attorneys fees of the Secretary concerned as defendant, as reasonably estimated by the Secretary concerned. All proceedings in the action shall be stayed until the required bond or security is provided. (b) Recovery of litigation costs, expenses, and attorneys fees (1) Motion for payment If the Secretary concerned prevails in an action challenging a forest management activity described in subsection (a), the Secretary concerned shall submit to the court a motion for payment, from the bond or other security posted under subsection (a) in such action, of the reasonable costs, expenses, and attorneys fees incurred by the Secretary concerned. (2) Maximum amount recovered The amount of costs, expenses, and attorneys fees recovered by the Secretary concerned under paragraph (1) as a result of prevailing in an action challenging the forest management activity may not exceed the amount of the bond or other security posted under subsection (a) in such action. (3) Return of remainder Any funds remaining from the bond or other security posted under subsection (a) after the payment of costs, expenses, and attorneys fees under paragraph (1) shall be returned to the plaintiff or plaintiffs that posted the bond or security in the action. (c) Return of bond to prevailing plaintiff (1) In general If the plaintiff ultimately prevails on the merits in every action brought by the plaintiff challenging a forest management activity described in subsection (a), the court shall return to the plaintiff any bond or security provided by the plaintiff under subsection (a), plus interest from the date the bond or security was provided. (2) Ultimately prevails on the merits In this subsection, the phrase ultimately prevails on the merits means, in a final enforceable judgment on the merits, a court rules in favor of the plaintiff on every cause of action in every action brought by the plaintiff challenging the forest management activity. (d) Effect of settlement If a challenge to a forest management activity described in subsection (a) for which a bond or other security was provided by the plaintiff under such subsection is resolved by settlement between the Secretary concerned and the plaintiff, the settlement agreement shall provide for sharing the costs, expenses, and attorneys fees incurred by the parties. (e) Limitation on certain payments Notwithstanding section 1304 of title 31, United States Code, no award may be made under section 2412 of title 28, United States Code, and no amounts may be obligated or expended from the Claims and Judgment Fund of the United States Treasury to pay any fees or other expenses under such sections to any plaintiff related to an action challenging a forest management activity described in subsection (a). IV Secure Rural Schools and Community Self-Determination Act Amendments 401. Use of reserved funds for title II projects on Federal land and certain non-Federal land (a) Repeal of Merchantable timber contracting pilot program Section 204(e) of the Secure Rural Schools and Community Self-Determination Act of 2000 ( 16 U.S.C. 7124(e) ) is amended by striking paragraph (3). (b) Requirements for project funds Section 204 of the Secure Rural Schools and Community Self-Determination Act of 2000 ( 16 U.S.C. 7124 ) is amended by striking subsection (f) and inserting the following new subsection: (f) Requirements for project funds (1) In general Subject to paragraph (2), the Secretary concerned shall ensure that at least 50 percent of the project funds reserved by a participating county under section 102(d) shall be available only for projects that— (A) include the sale of timber or other forest products, reduce fire risks, or improve water supplies; and (B) implement stewardship objectives that enhance forest ecosystems or restore and improve land health and water quality. (2) Applicability The requirement in paragraph (1) shall apply only to project funds reserved by a participating county whose boundaries include Federal land that the Secretary concerned determines has been subject to a timber or other forest products program within 5 fiscal years before the fiscal year in which the funds are reserved. . 402. Resource advisory committees (a) Recognition of resource advisory committees Section 205(a)(4) of the Secure Rural Schools and Community Self-Determination Act of 2000 ( 16 U.S.C. 7125(a)(4) ) is amended by striking 2012 each place it appears and inserting 2020 . (b) Temporary reduction in composition of committees Section 205(d) of the Secure Rural Schools and Community Self-Determination Act of 2000 ( 16 U.S.C. 7125(d) ) is amended— (1) in paragraph (1), by striking Each and inserting Except during the period specified in paragraph (6), each ; and (2) by adding at the end the following new paragraph: (6) Temporary reduction in minimum number of members (A) Temporary reduction During the period beginning on the date of the enactment of this paragraph and ending on September 30, 2020, a resource advisory committee established under this section may be comprised of nine or more members, of which— (i) at least three shall be representative of interests described in subparagraph (A) of paragraph (2); (ii) at least three shall be representative of interests described in subparagraph (B) of paragraph (2); and (iii) at least three shall be representative of interests described in subparagraph (C) of paragraph (2). (B) Additional requirements In appointing members of a resource advisory committee from the three categories described in paragraph (2), as provided in subparagraph (A), the Secretary concerned shall ensure balanced and broad representation in each category. In the case of a vacancy on a resource advisory committee, the vacancy shall be filled within 90 days after the date on which the vacancy occurred. Appointments to a new resource advisory committee shall be made within 90 days after the date on which the decision to form the new resource advisory committee was made. (C) Charter A charter for a resource advisory committee with 15 members that was filed on or before the date of the enactment of this paragraph shall be considered to be filed for a resource advisory committee described in this paragraph. The charter of a resource advisory committee shall be reapproved before the expiration of the existing charter of the resource advisory committee. In the case of a new resource advisory committee, the charter of the resource advisory committee shall be approved within 90 days after the date on which the decision to form the new resource advisory committee was made. . (c) Conforming change to project approval requirements Section 205(e)(3) of the Secure Rural Schools and Community Self-Determination Act of 2000 ( 16 U.S.C. 7125(e)(3) ) is amended by adding at the end the following new sentence: In the case of a resource advisory committee consisting of fewer than 15 members, as authorized by subsection (d)(6), a project may be proposed to the Secretary concerned upon approval by a majority of the members of the committee, including at least one member from each of the three categories described in subsection (d)(2). . (d) Expanding local participation on committees Section 205(d) of the Secure Rural Schools and Community Self-Determination Act of 2000 ( 16 U.S.C. 7125(d) ) is amended— (1) in paragraph (3), by inserting before the period at the end the following: , consistent with the requirements of paragraph (4) ; and (2) by striking paragraph (4) and inserting the following new paragraph: (4) Geographic distribution The members of a resource advisory committee shall reside within the county or counties in which the committee has jurisdiction or an adjacent county. . 403. Program for title II self-sustaining resource advisory committee projects (a) Self-Sustaining resource advisory committee projects Title II of the Secure Rural Schools and Community Self-Determination Act of 2000 ( 16 U.S.C. 7121 et seq. ) is amended by adding at the end the following new section: 209. Program for self-sustaining resource advisory committee projects (a) RAC program The Chief of the Forest Service shall conduct a program (to be known as the self-sustaining resource advisory committee program or RAC program ) under which 10 resource advisory committees will propose projects authorized by subsection (c) to be carried out using project funds reserved by a participating county under section 102(d). (b) Selection of participating resource advisory committees The selection of resource advisory committees to participate in the RAC program is in the sole discretion of the Chief of the Forest Service, except that, consistent with section 205(d)(6), a selected resource advisory committee must have a minimum of six members. (c) Authorized projects Notwithstanding the project purposes specified in sections 202(b), 203(c), and 204(a)(5), projects under the RAC program are intended to— (1) accomplish forest management objectives or support community development; and (2) generate receipts. (d) Deposit and availability of revenues Any revenue generated by a project conducted under the RAC program, including any interest accrued from the revenues, shall be— (1) deposited in the special account in the Treasury established under section 102(d)(2)(A); and (2) available, in such amounts as may be provided in advance in appropriation Acts, for additional projects under the RAC program. (e) Termination of authority (1) In general The authority to initiate a project under the RAC program shall terminate on September 30, 2020. (2) Deposits in treasury Any funds available for projects under the RAC program and not obligated by September 30, 2021, shall be deposited in the Treasury of the United States. . (b) Exception to general rule regarding treatment of receipts Section 403(b) of the Secure Rural Schools and Community Self-Determination Act of 2000 ( 16 U.S.C. 7153(b) ) is amended by striking All revenues and inserting Except as provided in section 209, all revenues . 404. Additional authorized use of reserved funds for title III county projects Section 302(a) of the Secure Rural Schools and Community Self-Determination Act of 2000 ( 16 U.S.C. 7142(a) ) is amended— (1) in paragraph (2)— (A) by inserting and law enforcement patrols after including firefighting ; and (B) by striking and at the end; (2) by redesignating paragraph (3) as paragraph (4); and (3) by inserting after paragraph (2) the following new paragraph (3): (3) to cover training costs and equipment purchases directly related to the emergency services described in paragraph (2); and . 405. Treatment as supplemental funding Section 102 of the Secure Rural Schools and Community Self-Determination Act of 2000 ( 16 U.S.C. 7112 ) is amended by adding at the end the following new subsection: (f) Treatment as supplemental funding None of the funds made available to a beneficiary county or other political subdivision of a State under this Act shall be used in lieu of or to otherwise offset State funding sources for local schools, facilities, or educational purposes. . V Stewardship End Result Contracting 501. Cancellation ceilings for stewardship end result contracting projects (a) Cancellation ceilings Section 604 of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6591c ) is amended— (1) by redesignating subsections (h) and (i) as subsections (i) and (j), respectively; and (2) by inserting after subsection (g) the following new subsection (h): (h) Cancellation ceilings (1) In general The Chief and the Director may obligate funds to cover any potential cancellation or termination costs for an agreement or contract under subsection (b) in stages that are economically or programmatically viable. (2) Advance notice to congress of cancellation ceiling in excess of $25 million Not later than 30 days before entering into a multiyear agreement or contract under subsection (b) that includes a cancellation ceiling in excess of $25 million, but does not include proposed funding for the costs of cancelling the agreement or contract up to such cancellation ceiling, the Chief or the Director, as the case may be, shall 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 written notice that includes— (A) the cancellation ceiling amounts proposed for each program year in the agreement or contract; (B) the reasons why such cancellation ceiling amounts were selected; (C) the extent to which the costs of contract cancellation are not included in the budget for the agreement or contract; and (D) an assessment of the financial risk of not including budgeting for the costs of agreement or contract cancellation. (3) Transmittal of notice to OMB Not later than 14 days after the date on which written notice is provided under paragraph (2) with respect to an agreement or contract under subsection (b), the Chief or the Director, as the case may be, shall transmit a copy of the notice to the Director of the Office of Management and Budget. . (b) Relation to other laws Section 604(d)(5) of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6591c(d)(5) ) is amended by striking , the Chief may and inserting and section 2(a)(1) of the Act of July 31, 1947 (commonly known as the Materials Act of 1947; 30 U.S.C. 602(a)(1) ), the Chief and the Director may . 502. Excess offset value Section 604(g)(2) of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6591c(g)(2) ) is amended by striking subparagraphs (A) and (B) and inserting the following new subparagraphs: (A) use the excess to satisfy any outstanding liabilities for cancelled agreements or contracts; or (B) if there are no outstanding liabilities under subparagraph (A), apply the excess to other authorized stewardship projects. . 503. Payment of portion of stewardship project revenues to county in which stewardship project occurs Section 604(e) of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6591c(e) ) is amended— (1) in paragraph (2)(B), by inserting subject to paragraph (3)(A), before shall ; and (2) in paragraph (3)(A), by striking services received by the Chief or the Director and all that follows through the period at the end and inserting the following: services and in-kind resources received by the Chief or the Director under a stewardship contract project conducted under this section shall not be considered monies received from the National Forest System or the public lands, but any payments made by the contractor to the Chief or Director under the project shall be considered monies received from the National Forest System or the public lands. . 504. Submission of existing annual report Subsection (j) of section 604 of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6591c ), as redesignated by section 501(a)(1), is amended by striking report to the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committee on Agriculture of the House of Representatives and inserting submit to the congressional committees specified in subsection (h)(2) a report . 505. Fire liability provision Section 604(d) of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6591c(d) ) is amended by adding at the end the following new paragraph: (8) Modification Upon the request of the contractor, a contract or agreement under this section awarded before February 7, 2014, shall be modified by the Chief or Director to include the fire liability provisions described in paragraph (7). . VI Additional Funding Sources for Forest Management Activities 601. Definitions In this title: (1) Eligible entity The term eligible entity means— (A) a State or political subdivision of a State containing National Forest System lands or public lands; (B) a publicly chartered utility serving one or more States or a political subdivision thereof; (C) a rural electric company; and (D) any other entity determined by the Secretary concerned to be appropriate for participation in the Fund. (2) Fund The term Fund means the State-Supported Forest Management Fund established by section 603. 602. Availability of stewardship project revenues and Collaborative Forest Landscape Restoration Fund to cover forest management activity planning costs (a) Availability of stewardship project revenues Section 604(e)(2)(B) of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6591c(e)(2)(B) ), as amended by section 503, is further amended by striking appropriation at the project site from which the monies are collected or at another project site. and inserting the following: appropriation— (i) at the project site from which the monies are collected or at another project site; and (ii) to cover not more than 25 percent of the cost of planning additional stewardship contracting projects. . (b) Availability of Collaborative Forest Landscape Restoration Fund Section 4003(f)(1) of the Omnibus Public Land Management Act of 2009 ( 16 U.S.C. 7303(f)(1) ) is amended by striking carrying out and and inserting planning, carrying out, and . 603. State-supported planning of forest management activities (a) State-Supported forest management fund There is established in the Treasury of the United States a fund, to be known as the State-Supported Forest Management Fund , to cover the cost of planning (especially related to compliance with section 102(2) of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332(2) )), carrying out, and monitoring certain forest management activities on National Forest System lands or public lands. (b) Contents The State-Supported Forest Management Fund shall consist of such amounts as may be— (1) contributed by an eligible entity for deposit in the Fund; (2) appropriated to the Fund; or (3) generated by forest management activities carried out using amounts in the Fund. (c) Geographical and use limitations In making a contribution under subsection (b)(1), an eligible entity may— (1) specify the National Forest System lands or public lands for which the contribution may be expended; and (2) limit the types of forest management activities for which the contribution may be expended. (d) Authorized forest management activities In such amounts as may be provided in advance in appropriation Acts, the Secretary concerned may use the Fund to plan, carry out, and monitor a forest management activity that— (1) is developed through a collaborative process; (2) is proposed by a resource advisory committee; or (3) is covered by a community wildfire protection plan. (e) Implementation methods A forest management activity carried out using amounts in the Fund may be carried out using a contract or agreement under section 604 of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6591c ), the good neighbor authority provided by section 8206 of the Agricultural Act of 2014 ( 16 U.S.C. 2113a ), a contract under section 14 of the National Forest Management Act of 1976 ( 16 U.S.C. 472a ), or other authority available to the Secretary concerned, but revenues generated by the forest management activity shall be used to reimburse the Fund for planning costs covered using amounts in the Fund. (f) Relation to other laws (1) Revenue sharing Subject to subsection (e), revenues generated by a forest management activity carried out using amounts from the Fund shall be considered monies received from the National Forest System. (2) Knutson-vanderberg Act The Act of June 9, 1930 (commonly known as the Knutson-Vanderberg Act; 16 U.S.C. 576 et seq. ), shall apply to any forest management activity carried out using amounts in the Fund. (g) Termination of fund (1) Termination The Fund shall terminate 10 years after the date of the enactment of this Act. (2) Effect of termination Upon the termination of the Fund pursuant to paragraph (1) or pursuant to any other provision of law, unobligated contributions remaining in the Fund shall be returned to the eligible entity that made the contribution. VII Tribal Forestry Participation and Protection 701. Protection of tribal forest assets through use of stewardship end result contracting and other authorities (a) Prompt consideration of tribal requests Section 2(b) of the Tribal Forest Protection Act of 2004 ( 25 U.S.C. 3115a(b) ) is amended— (1) in paragraph (1), by striking Not later than 120 days after the date on which an Indian tribe submits to the Secretary and inserting In response to the submission by an Indian tribe of ; and (2) by adding at the end the following new paragraph: (4) Time periods for consideration (A) Initial response Not later than 120 days after the date on which the Secretary receives a tribal request under paragraph (1), the Secretary shall provide an initial response to the Indian tribe regarding— (i) whether the request may meet the selection criteria described in subsection (c); and (ii) the likelihood of the Secretary entering into an agreement or contract with the Indian tribe under paragraph (2) for activities described in paragraph (3). (B) Notice of denial Notice under subsection (d) of the denial of a tribal request under paragraph (1) shall be provided not later than 1 year after the date on which the Secretary received the request. (C) Completion Not later than 2 years after the date on which the Secretary receives a tribal request under paragraph (1), other than a tribal request denied under subsection (d), the Secretary shall— (i) complete all environmental reviews necessary in connection with the agreement or contract and proposed activities under the agreement or contract; and (ii) enter into the agreement or contract with the Indian tribe under paragraph (2). . (b) Conforming and technical amendments Section 2 of the Tribal Forest Protection Act of 2004 ( 25 U.S.C. 3115a ) is amended— (1) in subsections (b)(1) and (f)(1), by striking section 347 of the Department of the Interior and Related Agencies Appropriations Act, 1999 ( 16 U.S.C. 2104 note; Public Law 105–277 ) (as amended by section 323 of the Department of the Interior and Related Agencies Appropriations Act, 2003 (117 Stat. 275)) and inserting section 604 of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6591c ) ; and (2) in subsection (d), by striking subsection (b)(1), the Secretary may and inserting paragraphs (1) and (4)(B) of subsection (b), the Secretary shall . 702. Management of Indian forest land authorized to include related National Forest System lands and public lands Section 305 of the National Indian Forest Resources Management Act ( 25 U.S.C. 3104 ) is amended by adding at the end the following new subsection: (c) Inclusion of certain National Forest System land and public land (1) Authority At the request of an Indian tribe, the Secretary concerned may treat Federal forest land as Indian forest land for purposes of planning and conducting forest land management activities under this section if the Federal forest land is located within, or mostly within, a geographic area that presents a feature or involves circumstances principally relevant to that Indian tribe, such as Federal forest land ceded to the United States by treaty, Federal forest land within the boundaries of a current or former reservation, or Federal forest land adjudicated to be tribal homelands. (2) Requirements As part of the agreement to treat Federal forest land as Indian forest land under paragraph (1), the Secretary concerned and the Indian tribe making the request shall— (A) provide for continued public access applicable to the Federal forest land prior to the agreement, except that the Secretary concerned may limit or prohibit such access as needed; (B) continue sharing revenue generated by the Federal forest land with State and local governments either— (i) on the terms applicable to the Federal forest land prior to the agreement, including, where applicable, 25-percent payments or 50-percent payments; or (ii) at the option of the Indian tribe, on terms agreed upon by the Indian tribe, the Secretary concerned, and State and county governments participating in a revenue sharing agreement for the Federal forest land; (C) comply with applicable prohibitions on the export of unprocessed logs harvested from the Federal forest land; (D) recognize all right-of-way agreements in place on Federal forest land prior to commencement of tribal management activities; and (E) ensure that all commercial timber removed from the Federal forest land is sold on a competitive bid basis. (3) Limitation Treating Federal forest land as Indian forest land for purposes of planning and conducting management activities pursuant to paragraph (1) shall not be construed to designate the Federal forest land as Indian forest lands for any other purpose. (4) Definitions In this subsection: (A) Federal forest land The term Federal forest land means— (i) National Forest System lands; and (ii) public lands (as defined in section 103(e) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1702(e) )), including Coos Bay Wagon Road Grant lands reconveyed to the United States pursuant to the first section of the Act of February 26, 1919 (40 Stat. 1179), and Oregon and California Railroad Grant lands. (B) Secretary concerned The term Secretary concerned means— (i) the Secretary of Agriculture, with respect to the Federal forest land referred to in subparagraph (A)(i); and (ii) the Secretary of the Interior, with respect to the Federal forest land referred to in subparagraph (A)(ii). . 703. Tribal forest management demonstration project The Secretary of the Interior and the Secretary of Agriculture may carry out demonstration projects by which federally recognized Indian tribes or tribal organizations may contract to perform administrative, management, and other functions of programs of the Tribal Forest Protection Act of 2004 ( 25 U.S.C. 3115a et seq. ) through contracts entered into under the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450 et seq. ). VIII Miscellaneous Forest Management Provisions 801. Balancing short- and long-term effects of forest management activities in considering injunctive relief As part of its weighing the equities while considering any request for an injunction that applies to any agency action as part of a forest management activity under titles I through VIII, the court reviewing the agency action shall balance the impact to the ecosystem likely affected by the forest management activity of— (1) the short- and long-term effects of undertaking the agency action; against (2) the short- and long-term effects of not undertaking the action. 802. Conditions on Forest Service road decommissioning (a) Consultation with affected county Whenever any Forest Service defined maintenance level one- or two-system road within a designated high fire prone area of a unit of the National Forest System is considered for decommissioning, the Forest Supervisor of that unit of the National Forest System shall— (1) consult with the government of the county containing the road regarding the merits and possible consequences of decommissioning the road; and (2) solicit possible alternatives to decommissioning the road. (b) Regional Forester approval A Forest Service road described in subsection (a) may not be decommissioned without the advance approval of the Regional Forester. 803. Prohibition on application of Eastside Screens requirements on National Forest System lands On and after the date of the enactment of this Act, the Secretary of Agriculture may not apply to National Forest System lands any of the amendments to forest plans adopted in the Decision Notice for the Revised Continuation of Interim Management Direction Establishing Riparian, Ecosystem and Wildlife Standards for Timber Sales (commonly known as the Eastside Screens requirements), including all preceding or associated versions of these amendments. 804. Use of site-specific forest plan amendments for certain projects and activities If the Secretary concerned determines that, in order to conduct a project or carry out an activity implementing a forest plan, an amendment to the forest plan is required, the Secretary concerned shall execute such amendment as a nonsignificant plan amendment through the record of decision or decision notice for the project or activity. 805. Knutson-Vandenberg Act modifications (a) Deposits of funds from national forest timber purchasers required Section 3(a) of the Act of June 9, 1930 (commonly known as the Knutson-Vandenberg Act; 16 U.S.C. 576b(a) ), is amended by striking The Secretary and all that follows through any purchaser and inserting the following: The Secretary of Agriculture shall require each purchaser . (b) Conditions on use of deposits Section 3 of the Act of June 9, 1930 (commonly known as the Knutson-Vandenberg Act; 16 U.S.C. 576b ), is amended— (1) by striking Such deposits and inserting the following: (b) Amounts deposited under subsection (a) ; (2) by redesignating subsection (c) as subsection (d); and (3) by inserting before subsection (d), as so redesignated, the following new subsection (c): (c) (1) Amounts in the special fund established pursuant to this section— (A) shall be used exclusively to implement activities authorized by subsection (a); and (B) may be used anywhere within the Forest Service Region from which the original deposits were collected. (2) The Secretary of Agriculture may not deduct overhead costs from the funds collected under subsection (a), except as needed to fund personnel of the responsible Ranger District for the planning and implementation of the activities authorized by subsection (a). . 806. Exclusion of certain National Forest System lands and public lands Unless specifically provided by a provision of titles I through VIII, the authorities provided by such titles do not apply with respect to any National Forest System lands or public lands— (1) that are included in the National Wilderness Preservation System; (2) that are located within an inventoried roadless area unless the forest management activity to be carried out under such authority is consistent with the forest plan applicable to the area; or (3) on which timber harvesting for any purpose is prohibited by statute. 807. Application of Northwest Forest Plan Survey and Manage Mitigation Measure Standard and Guidelines The Northwest Forest Plan Survey and Manage Mitigation Measure Standard and Guidelines shall not apply to any National Forest System lands or public lands. 808. Management of Bureau of Land Management lands in western Oregon (a) General rule All of the public land managed by the Bureau of Land Management in the Salem District, Eugene District, Roseburg District, Coos Bay District, Medford District, and the Klamath Resource Area of the Lakeview District in the State of Oregon shall hereafter be managed pursuant to title I of the of the Act of August 28, 1937 (43 U.S.C. 1181a through 1181e). Except as provided in subsection (b), all of the revenue produced from such land shall be deposited in the Treasury of the United States in the Oregon and California land-grant fund and be subject to the provisions of title II of the Act of August 28, 1937 ( 43 U.S.C. 1181f ). (b) Certain lands excluded Subsection (a) does not apply to any revenue that is required to be deposited in the Coos Bay Wagon Road grant fund pursuant to sections 1 through 4 of the Act of May 24, 1939 (43 U.S.C. 1181f–1 through f–4). 809. Bureau of Land Management resource management plans (a) Additional Analysis and Alternatives To develop a full range of reasonable alternatives as required by the National Environmental Policy Act of 1969, the Secretary of the Interior shall develop and consider in detail a reference analysis and two additional alternatives as part of the revisions of the resource management plans for the Bureau of Land Management’s Salem, Eugene, Coos Bay, Roseburg, and Medford Districts and the Klamath Resource Area of the Lakeview District. (b) Reference Analysis The reference analysis required by subsection (a) shall measure and assume the harvest of the annual growth net of natural mortality for all forested land in the planning area in order to determine the maximum sustained yield capacity of the forested land base and to establish a baseline by which the Secretary of the Interior shall measure incremental effects on the sustained yield capacity and environmental impacts from management prescriptions in all other alternatives. (c) Additional Alternatives (1) Carbon Sequestration Alternative The Secretary of the Interior shall develop and consider an additional alternative with the goal of maximizing the total carbon benefits from forest storage and wood product storage. To the extent practicable, the analysis shall consider— (A) the future risks to forest carbon from wildfires, insects, and disease; (B) the amount of carbon stored in products or in landfills; (C) the life cycle benefits of harvested wood products compared to non-renewable products; and (D) the energy produced from wood residues. (2) Sustained Yield Alternative The Secretary of the Interior shall develop and consider an additional alternative that produces the greater of 500 million board feet or the annual net growth on the acres classified as timberland, excluding any congressionally reserved areas. The projected harvest levels, as nearly as practicable, shall be distributed among the Districts referred to in subsection (a) in the same proportion as the maximum yield capacity of each such District bears to maximum yield capacity of the planning area as a whole. (d) Additional Analysis and Public Participation The Secretary of the Interior shall publish the reference analysis and additional alternatives and analyze their environmental and economic consequences in a supplemental draft environmental impact statement. The draft environmental impact statement and supplemental draft environmental impact statement shall be made available for public comment for a period of not less than 180 days. The Secretary shall respond to any comments received before making a final decision between all alternatives. (e) Rule of construction Nothing in this section shall affect the obligation of the Secretary of the Interior to manage the timberlands as required by the Act of August 28, 1937 (50 Stat. 874; 43 U.S.C. 1181a–1181j ). 810. Landscape-scale forest restoration project The Secretary of Agriculture shall develop and implement at least one landscape-scale forest restoration project that includes, as a defined purpose of the project, the generation of material that will be used to promote advanced wood products. The project shall be developed through a collaborative process. IX Major Disaster for Wildfire on Federal Land 901. Wildfire on Federal lands Section 102(2) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5122(2) ) is amended— (1) by striking (2) and all that follows through means and inserting the following: (2) Major disaster (A) Major disaster The term major disaster means ; and (2) by adding at the end the following: (B) Major disaster for wildfire on Federal lands The term major disaster for wildfire on Federal lands means any wildfire or wildfires, which in the determination of the President under section 802 warrants assistance under section 803 to supplement the efforts and resources of the Department of the Interior or the Department of Agriculture— (i) on Federal lands; or (ii) on non-Federal lands pursuant to a fire protection agreement or cooperative agreement. . 902. Declaration of a major disaster for wildfire on Federal lands The Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5170 et seq. ) is amended by adding at the end the following: VIII Major Disaster for Wildfire on Federal Land 801. Definitions As used in this title— (1) Federal land The term Federal land means— (A) any land under the jurisdiction of the Department of the Interior; and (B) any land under the jurisdiction of the United States Forest Service. (2) Federal land management agencies The term Federal land management agencies means— (A) the Bureau of Land Management; (B) the National Park Service; (C) the Bureau of Indian Affairs; (D) the United States Fish and Wildlife Service; and (E) the United States Forest Service. (3) Wildfire suppression operations The term wildfire suppression operations means the emergency and unpredictable aspects of wildland firefighting, including support, response, emergency stabilization activities, and other emergency management activities of wildland firefighting on Federal lands (or on non-Federal lands pursuant to a fire protection agreement or cooperative agreement) by the Federal land management agencies covered by the wildfire suppression subactivity of the Wildland Fire Management account or the FLAME Wildfire Suppression Reserve Fund account of the Federal land management agencies. 802. Procedure for declaration of a major disaster for wildfire on Federal lands (a) In general The Secretary of the Interior or the Secretary of Agriculture may submit a request to the President consistent with the requirements of this title for a declaration by the President that a major disaster for wildfire on Federal lands exists. (b) Requirements A request for a declaration by the President that a major disaster for wildfire on Federal lands exists shall— (1) be made in writing by the respective Secretary; (2) certify that the amount appropriated in the current fiscal year for wildfire suppression operations of the Federal land management agencies under the jurisdiction of the respective Secretary, net of any concurrently enacted rescissions of wildfire suppression funds, increases the total unobligated balance of amounts available for wildfire suppression by an amount equal to or greater than the average total costs incurred by the Federal land management agencies per year for wildfire suppression operations, including the suppression costs in excess of appropriated amounts, over the previous ten fiscal years; (3) certify that the amount available for wildfire suppression operations of the Federal land management agencies under the jurisdiction of the respective Secretary will be obligated not later than 30 days after such Secretary notifies the President that wildfire suppression funds will be exhausted to fund ongoing and anticipated wildfire suppression operations related to the wildfire on which the request for the declaration of a major disaster for wildfire on Federal lands pursuant to this title is based; and (4) specify the amount required in the current fiscal year to fund wildfire suppression operations related to the wildfire on which the request for the declaration of a major disaster for wildfire on Federal lands pursuant to this title is based. (c) Declaration Based on the request of the respective Secretary under this title, the President may declare that a major disaster for wildfire on Federal lands exists. 803. Wildfire on Federal lands assistance (a) In general In a major disaster for wildfire on Federal lands, the President may transfer funds, only from the account established pursuant to subsection (b), to the Secretary of the Interior or the Secretary of Agriculture to conduct wildfire suppression operations on Federal lands (and non-Federal lands pursuant to a fire protection agreement or cooperative agreement). (b) Wildfire suppression operations account The President shall establish a specific account for the assistance available pursuant to a declaration under section 802. Such account may only be used to fund assistance pursuant to this title. (c) Limitation (1) Limitation of transfer The assistance available pursuant to a declaration under section 802 is limited to the transfer of the amount requested pursuant to section 802(b)(4). The assistance available for transfer shall not exceed the amount contained in the wildfire suppression operations account established pursuant to subsection (b). (2) Transfer of funds Funds under this section shall be transferred from the wildfire suppression operations account to the wildfire suppression subactivity of the Wildland Fire Management Account. (d) Prohibition of other transfers Except as provided in this section, no funds may be transferred to or from the account established pursuant to subsection (b) to or from any other fund or account. (e) Reimbursement for Wildfire suppression operations on non-Federal land If amounts transferred under subsection (c) are used to conduct wildfire suppression operations on non-Federal land, the respective Secretary shall— (1) secure reimbursement for the cost of such wildfire suppression operations conducted on the non-Federal land; and (2) transfer the amounts received as reimbursement to the wildfire suppression operations account established pursuant to subsection (b). (f) Annual Accounting and reporting requirements Not later than 90 days after the end of each fiscal year for which assistance is received pursuant to this section, the respective Secretary shall submit to the Committees on Agriculture, Appropriations, the Budget, Natural Resources, and Transportation and Infrastructure of the House of Representatives and the Committees on Agriculture, Nutrition, and Forestry, Appropriations, the Budget, Energy and Natural Resources, Homeland Security and Governmental Affairs, and Indian Affairs of the Senate, and make available to the public, a report that includes the following: (1) The risk-based factors that influenced management decisions regarding wildfire suppression operations of the Federal land management agencies under the jurisdiction of the Secretary concerned. (2) Specific discussion of a statistically significant sample of large fires, in which each fire is analyzed for cost drivers, effectiveness of risk management techniques, resulting positive or negative impacts of fire on the landscape, impact of investments in preparedness, suggested corrective actions, and such other factors as the respective Secretary considers appropriate. (3) Total expenditures for wildfire suppression operations of the Federal land management agencies under the jurisdiction of the respective Secretary, broken out by fire sizes, cost, regional location, and such other factors as the such Secretary considers appropriate. (4) Lessons learned. (5) Such other matters as the respective Secretary considers appropriate. (g) Savings provision Nothing in this title shall limit the Secretary of the Interior, the Secretary of Agriculture, Indian tribe, or a State from receiving assistance through a declaration made by the President under this Act when the criteria for such declaration have been met. . 903. Prohibition on transfers No funds may be transferred to or from the Federal land management agencies’ wildfire suppression operations accounts referred to in section 801(3) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act to or from any account or subactivity of the Federal land management agencies, as defined in section 801(2) of such Act, that is not used to cover the cost of wildfire suppression operations. C Natural Resources I Western Water and American Food Security Act 1001. Short title This title may be cited as the Western Water and American Food Security Act of 2015 . 1002. Findings Congress finds as follows: (1) As established in the Proclamation of a State of Emergency issued by the Governor of the State on January 17, 2014, the State is experiencing record dry conditions. (2) Extremely dry conditions have persisted in the State since 2012, and the drought conditions are likely to persist into the future. (3) The water supplies of the State are at record-low levels, as indicated by the fact that all major Central Valley Project reservoir levels were at 20–35 percent of capacity as of September 25, 2014. (4) The lack of precipitation has been a significant contributing factor to the 6,091 fires experienced in the State as of September 15, 2014, and which covered nearly 400,000 acres. (5) According to a study released by the University of California, Davis in July 2014, the drought has led to the fallowing of 428,000 acres of farmland, loss of $810 million in crop revenue, loss of $203 million in dairy and other livestock value, and increased groundwater pumping costs by $454 million. The statewide economic costs are estimated to be $2.2 billion, with over 17,000 seasonal and part-time agricultural jobs lost. (6) CVPIA Level II water deliveries to refuges have also been reduced by 25 percent in the north of Delta region, and by 35 percent in the south of Delta region. (7) Only one-sixth of the usual acres of rice fields are being flooded this fall, which leads to a significant decline in habitat for migratory birds and an increased risk of disease at the remaining wetlands due to overcrowding of such birds. (8) The drought of 2013 through 2014 constitutes a serious emergency that poses immediate and severe risks to human life and safety and to the environment throughout the State. (9) The serious emergency described in paragraph (4) requires— (A) immediate and credible action that respects the complexity of the water system of the State and the importance of the water system to the entire State; and (B) policies that do not pit stakeholders against one another, which history shows only leads to costly litigation that benefits no one and prevents any real solutions. (10) Data on the difference between water demand and reliable water supplies for various regions of California south of the Delta, including the San Joaquin Valley, indicate there is a significant annual gap between reliable water supplies to meet agricultural, municipal and industrial, groundwater, and refuges water needs within the Delta Division, San Luis Unit and Friant Division of the Central Valley Project and the State Water Project south of the Sacramento-San Joaquin River Delta and the demands of those areas. This gap varies depending on the methodology of the analysis performed, but can be represented in the following ways: (A) For Central Valley Project South-of-Delta water service contractors, if it is assumed that a water supply deficit is the difference in the amount of water available for allocation versus the maximum contract quantity, then the water supply deficits that have developed from 1992 to 2014 as a result of legislative and regulatory changes besides natural variations in hydrology during this timeframe range between 720,000 and 1,100,000 acre-feet. (B) For Central Valley Project and State Water Project water service contractors south of the Delta and north of the Tehachapi mountain range, if it is assumed that a water supply deficit is the difference between reliable water supplies, including maximum water contract deliveries, safe yield of groundwater, safe yield of local and surface supplies and long-term contracted water transfers, and water demands, including water demands from agriculture, municipal and industrial and refuge contractors, then the water supply deficit ranges between approximately 2,500,000 to 2,700,000 acre-feet. (11) Data of pumping activities at the Central Valley Project and State Water Project delta pumps identifies that, on average from Water Year 2009 to Water Year 2014, take of Delta smelt is 80 percent less than allowable take levels under the biological opinion issued December 15, 2008. (12) Data of field sampling activities of the Interagency Ecological Program located in the Sacramento-San Joaquin Estuary identifies that, on average from 2005 to 2013, the program takes 3,500 delta smelt during annual surveys with an authorized take level of 33,480 delta smelt annually—according to the biological opinion issued December 9, 1997. (13) In 2015, better information exists than was known in 2008 concerning conditions and operations that may or may not lead to high salvage events that jeopardize the fish populations, and what alternative management actions can be taken to avoid jeopardy. (14) Alternative management strategies, removing non-native species, enhancing habitat, monitoring fish movement and location in real-time, and improving water quality in the Delta can contribute significantly to protecting and recovering these endangered fish species, and at potentially lower costs to water supplies. (15) Resolution of fundamental policy questions concerning the extent to which application of the Endangered Species Act of 1973 affects the operation of the Central Valley Project and State Water Project is the responsibility of Congress. 1003. Definitions In this title: (1) Delta The term Delta means the Sacramento-San Joaquin Delta and the Suisun Marsh, as defined in sections 12220 and 29101 of the California Public Resources Code. (2) Export pumping rates The term export pumping rates means the rates of pumping at the C.W. Bill Jones Pumping Plant and the Harvey O. Banks Pumping Plant, in the southern Delta. (3) Listed fish species The term listed fish species means listed salmonid species and the Delta smelt. (4) Listed salmonid species The term listed salmonid species means natural origin steelhead, natural origin genetic spring run Chinook, and genetic winter run Chinook salmon including hatchery steelhead or salmon populations within the evolutionary significant unit (ESU) or distinct population segment (DPS). (5) Negative impact on the long-term survival The term negative impact on the long-term survival means to reduce appreciably the likelihood of the survival of a listed species in the wild by reducing the reproduction, numbers, or distribution of that species. (6) OMR The term OMR means the Old and Middle River in the Delta. (7) OMR flow of −5,000 cubic feet per second The term OMR flow of −5,000 cubic feet per second means Old and Middle River flow of negative 5,000 cubic feet per second as described in— (A) the smelt biological opinion; and (B) the salmonid biological opinion. (8) Salmonid biological opinion The term salmonid biological opinion means the biological opinion issued by the National Marine Fisheries Service on June 4, 2009. (9) Smelt biological opinion The term smelt biological opinion means the biological opinion on the Long-Term Operational Criteria and Plan for coordination of the Central Valley Project and State Water Project issued by the United States Fish and Wildlife Service on December 15, 2008. (10) State The term State means the State of California. A ADJUSTING DELTA SMELT MANAGEMENT BASED ON INCREASED REAL-TIME MONITORING AND UPDATED SCIENCE 1011. Definitions In this subtitle: (1) Director The term Director means the Director of the United States Fish and Wildlife Service. (2) Delta smelt The term Delta smelt means the fish species with the scientific name Hypomesus transpacificus. (3) Secretary The term Secretary means the Secretary of the Interior. (4) Commissioner The term Commissioner means the Commissioner of the Bureau of Reclamation. 1012. Revise incidental take level calculation for delta smelt to reflect new science (a) Review and modification Not later than October 1, 2016, and at least every five years thereafter, the Director, in cooperation with other Federal, State, and local agencies, shall use the best scientific and commercial data available to complete a review and, modify the method used to calculate the incidental take levels for adult and larval/juvenile Delta smelt in the smelt biological opinion that takes into account all life stages, among other considerations— (1) salvage information collected since at least 1993; (2) updated or more recently developed statistical models; (3) updated scientific and commercial data; and (4) the most recent information regarding the environmental factors affecting Delta smelt salvage. (b) Modified incidental take level Unless the Director determines in writing that one or more of the requirements described in paragraphs (1) through (4) are not appropriate, the modified incidental take level described in subsection (a) shall— (1) be normalized for the abundance of prespawning adult Delta smelt using the Fall Midwater Trawl Index or other index; (2) be based on a simulation of the salvage that would have occurred from 1993 through 2012 if OMR flow has been consistent with the smelt biological opinions; (3) base the simulation on a correlation between annual salvage rates and historic water clarity and OMR flow during the adult salvage period; and (4) set the incidental take level as the 80 percent upper prediction interval derived from simulated salvage rates since at least 1993. 1013. Factoring increased real-time monitoring and updated science into Delta smelt management (a) In general The Director shall use the best scientific and commercial data available to implement, continuously evaluate, and refine or amend, as appropriate, the reasonable and prudent alternative described in the smelt biological opinion, and any successor opinions or court order. The Secretary shall make all significant decisions under the smelt biological opinion, or any successor opinions that affect Central Valley Project and State Water Project operations, in writing, and shall document the significant facts upon which such decisions are made, consistent with section 706 of title 5, United States Code. (b) Increased Monitoring To Inform Real-Time Operations The Secretary shall conduct additional surveys, on an annual basis at the appropriate time of the year based on environmental conditions, in collaboration with other Delta science interests. (1) In implementing this section, the Secretary shall— (A) use the most accurate survey methods available for the detection of Delta smelt to determine the extent that adult Delta smelt are distributed in relation to certain levels of turbidity, or other environmental factors that may influence salvage rate; and (B) use results from appropriate survey methods for the detection of Delta smelt to determine how the Central Valley Project and State Water Project may be operated more efficiently to minimize salvage while maximizing export pumping rates without causing a significant negative impact on the long-term survival of the Delta smelt. (2) During the period beginning on December 1, 2015, and ending March 31, 2016, and in each successive December through March period, if suspended sediment loads enter the Delta from the Sacramento River and the suspended sediment loads appear likely to raise turbidity levels in the Old River north of the export pumps from values below 12 Nephelometric Turbidity Units (NTU) to values above 12 NTU, the Secretary shall— (A) conduct daily monitoring using appropriate survey methods at locations including, but not limited to, the vicinity of Station 902 to determine the extent that adult Delta smelt are moving with turbidity toward the export pumps; and (B) use results from the monitoring surveys referenced in paragraph (A) to determine how increased trawling can inform daily real-time Central Valley Project and State Water Project operations to minimize salvage while maximizing export pumping rates without causing a significant negative impact on the long-term survival of the Delta smelt. (c) Periodic review of monitoring Within 12 months of the date of enactment of this title, and at least once every 5 years thereafter, the Secretary shall— (1) evaluate whether the monitoring program under subsection (b), combined with other monitoring programs for the Delta, is providing sufficient data to inform Central Valley Project and State Water Project operations to minimize salvage while maximizing export pumping rates without causing a significant negative impact on the long-term survival of the Delta smelt; and (2) determine whether the monitoring efforts should be changed in the short or long term to provide more useful data. (d) Delta smelt distribution study (1) In general No later than January 1, 2016, and at least every five years thereafter, the Secretary, in collaboration with the California Department of Fish and Wildlife, the California Department of Water Resources, public water agencies, and other interested entities, shall implement new targeted sampling and monitoring specifically designed to understand Delta smelt abundance, distribution, and the types of habitat occupied by Delta smelt during all life stages. (2) Sampling The Delta smelt distribution study shall, at a minimum— (A) include recording water quality and tidal data; (B) be designed to understand Delta smelt abundance, distribution, habitat use, and movement throughout the Delta, Suisun Marsh, and other areas occupied by the Delta smelt during all seasons; (C) consider areas not routinely sampled by existing monitoring programs, including wetland channels, near-shore water, depths below 35 feet, and shallow water; and (D) use survey methods, including sampling gear, best suited to collect the most accurate data for the type of sampling or monitoring. (e) Scientifically supported implementation of OMR flow requirements In implementing the provisions of the smelt biological opinion, or any successor biological opinion or court order, pertaining to management of reverse flow in the Old and Middle Rivers, the Secretary shall— (1) consider the relevant provisions of the biological opinion or any successor biological opinion; (2) to maximize Central Valley project and State Water Project water supplies, manage export pumping rates to achieve a reverse OMR flow rate of −5,000 cubic feet per second unless information developed by the Secretary under paragraphs (3) and (4) leads the Secretary to reasonably conclude that a less negative OMR flow rate is necessary to avoid a negative impact on the long-term survival of the Delta smelt. If information available to the Secretary indicates that a reverse OMR flow rate more negative than −5,000 cubic feet per second can be established without an imminent negative impact on the long-term survival of the Delta smelt, the Secretary shall manage export pumping rates to achieve that more negative OMR flow rate; (3) document in writing any significant facts about real-time conditions relevant to the determinations of OMR reverse flow rates, including— (A) whether targeted real-time fish monitoring in the Old River pursuant to this section, including monitoring in the vicinity of Station 902, indicates that a significant negative impact on the long-term survival of the Delta smelt is imminent; and (B) whether near-term forecasts with available salvage models show under prevailing conditions that OMR flow of −5,000 cubic feet per second or higher will cause a significant negative impact on the long-term survival of the Delta smelt; (4) show in writing that any determination to manage OMR reverse flow at rates less negative than −5,000 cubic feet per second is necessary to avoid a significant negative impact on the long-term survival of the Delta smelt, including an explanation of the data examined and the connection between those data and the choice made, after considering— (A) the distribution of Delta smelt throughout the Delta; (B) the potential effects of documented, quantified entrainment on subsequent Delta smelt abundance; (C) the water temperature; (D) other significant factors relevant to the determination; and (E) whether any alternative measures could have a substantially lesser water supply impact; and (5) for any subsequent biological opinion, make the showing required in paragraph (4) for any determination to manage OMR reverse flow at rates less negative than the most negative limit in the biological opinion if the most negative limit in the biological opinion is more negative than −5,000 cubic feet per second. (f) Memorandum of Understanding No later than December 1, 2015, the Commissioner and the Director will execute a Memorandum of Understanding (MOU) to ensure that the smelt biological opinion is implemented in a manner that maximizes water supply while complying with applicable laws and regulations. If that MOU alters any procedures set out in the biological opinion, there will be no need to reinitiate consultation if those changes will not have a significant negative impact on the long-term survival on listed species and the implementation of the MOU would not be a major change to implementation of the biological opinion. Any change to procedures that does not create a significant negative impact on the long-term survival to listed species will not alter application of the take permitted by the incidental take statement in the biological opinion under section 7(o)(2) of the Endangered Species Act of 1973. (g) Calculation of reverse flow in OMR Within 90 days of the enactment of this title, the Secretary is directed, in consultation with the California Department of Water Resources to revise the method used to calculate reverse flow in Old and Middle Rivers for implementation of the reasonable and prudent alternatives in the smelt biological opinion and the salmonid biological opinion, and any succeeding biological opinions, for the purpose of increasing Central Valley Project and State Water Project water supplies. The method of calculating reverse flow in Old and Middle Rivers shall be reevaluated not less than every five years thereafter to achieve maximum export pumping rates within limits established by the smelt biological opinion, the salmonid biological opinion, and any succeeding biological opinions. B ENSURING SALMONID MANAGEMENT IS RESPONSIVE TO NEW SCIENCE 1021. Definitions In this subtitle: (1) Assistant administrator The term Assistant Administrator means the Assistant Administrator of the National Oceanic and Atmospheric Administration for Fisheries. (2) Secretary The term Secretary means the Secretary of Commerce. (3) Other affected interests The term other affected interests means the State of California, Indian tribes, subdivisions of the State of California, public water agencies and those who benefit directly and indirectly from the operations of the Central Valley Project and the State Water Project. (4) Commissioner The term Commissioner means the Commissioner of the Bureau of Reclamation. (5) Director The term Director means the Director of the United States Fish and Wildlife Service. 1022. Process for ensuring salmonid management is responsive to new science (a) General directive The reasonable and prudent alternative described in the salmonid biological opinion allows for and anticipates adjustments in Central Valley Project and State Water Project operation parameters to reflect the best scientific and commercial data currently available, and authorizes efforts to test and evaluate improvements in operations that will meet applicable regulatory requirements and maximize Central Valley Project and State Water Project water supplies and reliability. Implementation of the reasonable and prudent alternative described in the salmonid biological opinion shall be adjusted accordingly as new scientific and commercial data are developed. The Commissioner and the Assistant Administrator shall fully utilize these authorities as described below. (b) Annual reviews of certain Central Valley Project and State Water Project operations No later than December 31, 2016, and at least annually thereafter: (1) The Commissioner, with the assistance of the Assistant Administrator, shall examine and identify adjustments to the initiation of Action IV.2.3 as set forth in the Biological Opinion and Conference Opinion on the Long-Term Operations of the Central Valley Project and State Water Project, Endangered Species Act Section 7 Consultation, issued by the National Marine Fisheries Service on June 4, 2009, pertaining to negative OMR flows, subject to paragraph (5). (2) The Commissioner, with the assistance of the Assistant Administrator, shall examine and identify adjustments in the timing, triggers or other operational details relating to the implementation of pumping restrictions in Action IV.2.1 pertaining to the inflow to export ratio, subject to paragraph (5). (3) Pursuant to the consultation and assessments carried out under paragraphs (1) and (2) of this subsection, the Commissioner and the Assistant Administrator shall jointly make recommendations to the Secretary of the Interior and to the Secretary on adjustments to project operations that, in the exercise of the adaptive management provisions of the salmonid biological opinion, will reduce water supply impacts of the salmonid biological opinion on the Central Valley Project and the California State Water Project and are consistent with the requirements of applicable law and as further described in subsection (c). (4) The Secretary and the Secretary of the Interior shall direct the Commissioner and Assistant Administrator to implement recommended adjustments to Central Valley Project and State Water Project operations for which the conditions under subsection (c) are met. (5) The Assistant Administrator and the Commissioner shall review and identify adjustments to Central Valley Project and State Water Project operations with water supply restrictions in any successor biological opinion to the salmonid biological opinion, applying the provisions of this section to those water supply restrictions where there are references to Actions IV.2.1 and IV.2.3. (c) Implementation of operational adjustments After reviewing the recommendations under subsection (b), the Secretary of the Interior and the Secretary shall direct the Commissioner and the Assistant Administrator to implement those operational adjustments, or any combination, for which, in aggregate— (1) the net effect on listed species is equivalent to those of the underlying project operational parameters in the salmonid biological opinion, taking into account both— (A) efforts to minimize the adverse effects of the adjustment to project operations; and (B) whatever additional actions or measures may be implemented in conjunction with the adjustments to operations to offset the adverse effects to listed species, consistent with (d), that are in excess of the adverse effects of the underlying operational parameters, if any; and (2) the effects of the adjustment can be reasonably expected to fall within the incidental take authorizations. (d) Evaluation of offsetting measures When examining and identifying opportunities to offset the potential adverse effect of adjustments to operations under subsection (c)(1)(B), the Commissioner and the Assistant Administrator shall take into account the potential species survival improvements that are likely to result from other measures which, if implemented in conjunction with such adjustments, would offset adverse effects, if any, of the adjustments. When evaluating offsetting measures, the Commissioner and the Assistant Administrator shall consider the type, timing and nature of the adverse effects, if any, to specific species and ensure that the measures likely provide equivalent overall benefits to the listed species in the aggregate, as long as the change will not cause a significant negative impact on the long-term survival of a listed salmonid species. (e) Framework for examining opportunities To minimize or offset the potential adverse effect of adjustments to operations Not later than December 31, 2015, and every five years thereafter, the Assistant Administrator shall, in collaboration with the Director of the California Department of Fish and Wildlife, based on the best scientific and commercial data available and for each listed salmonid species, issue estimates of the increase in through-Delta survival the Secretary expects to be achieved— (1) through restrictions on export pumping rates as specified by Action IV.2.3 as compared to limiting OMR flow to a fixed rate of −5,000 cubic feet per second within the time period Action IV.2.3 is applicable, based on a given rate of San Joaquin River inflow to the Delta and holding other relevant factors constant; (2) through San Joaquin River inflow to export restrictions on export pumping rates specified within Action IV.2.1 as compared to the restrictions in the April/May period imposed by the State Water Resources Control Board decision D–1641, based on a given rate of San Joaquin River inflow to the Delta and holding other relevant factors constant; (3) through physical habitat restoration improvements; (4) through predation control programs; (5) through the installation of temporary barriers, the management of Cross Channel Gates operations, and other projects affecting flow in the Delta; (6) through salvaging fish that have been entrained near the entrance to Clifton Court Forebay; (7) through any other management measures that may provide equivalent or better protections for listed species while maximizing export pumping rates without causing a significant negative impact on the long-term survival of a listed salmonid species; and (8) through development and implementation of conservation hatchery programs for salmon and steelhead to aid in the recovery of listed salmon and steelhead species. (f) Survival estimates (1) To the maximum extent practicable, the Assistant Administrator shall make quantitative estimates of survival such as a range of percentage increases in through-Delta survival that could result from the management measures, and if the scientific information is lacking for quantitative estimates, shall do so on qualitative terms based upon the best available science. (2) If the Assistant Administrator provides qualitative survival estimates for a species resulting from one or more management measures, the Secretary shall, to the maximum extent feasible, rank the management measures described in subsection (e) in terms of their most likely expected contribution to increased through-Delta survival relative to the other measures. (3) If at the time the Assistant Administrator conducts the reviews under subsection (b), the Secretary has not issued an estimate of increased through-Delta survival from different management measures pursuant to subsection (e), the Secretary shall compare the protections to the species from different management measures based on the best scientific and commercial data available at the time. (g) Comparison of adverse consequences for alternative management measures of equivalent protection for a species (1) For the purposes of this subsection and subsection (c)— (A) the alternative management measure or combination of alternative management measures identified in paragraph (2) shall be known as the equivalent alternative measure ; (B) the existing measure or measures identified in subparagraphs (2) (A), (B), (C), or (D) shall be known as the equivalent existing measure ; and (C) an equivalent increase in through-Delta survival rates for listed salmonid species shall mean an increase in through-Delta survival rates that is equivalent when considering the change in through-Delta survival rates for the listed salmonid species in the aggregate, and not the same change for each individual species, as long as the change in survival rates will not cause a significant negative impact on the long-term survival of a listed salmonid species. (2) As part of the reviews of project operations pursuant to subsection (b), the Assistant Administrator shall determine whether any alternative management measures or combination of alternative management measures listed in subsection (e) (3) through (8) would provide an increase in through-Delta survival rates for listed salmonid species that is equivalent to the increase in through-Delta survival rates for listed salmonid species from the following: (A) Through restrictions on export pumping rates as specified by Action IV.2.3, as compared to limiting OMR flow to a fixed rate of −5,000 cubic feet per second within the time period Action IV.2.3 is applicable. (B) Through restrictions on export pumping rates as specified by Action IV.2.3, as compared to a modification of Action IV.2.3 that would provide additional water supplies, other than that described in subparagraph (A). (C) Through San Joaquin River inflow to export restrictions on export pumping rates specified within Action IV.2.1, as compared to the restrictions in the April/May period imposed by the State Water Resources Control Board decision D–1641. (D) Through San Joaquin River inflow to export restrictions on export pumping rates specified within Action IV.2.1, as compared to a modification of Action IV.2.1 that would reduce water supply impacts of the salmonid biological opinion on the Central Valley Project and the California State Water Project, other than that described in subparagraph (C). (3) If the Assistant Administrator identifies an equivalent alternative measure pursuant to paragraph (2), the Assistant Administrator shall determine whether— (A) it is technically feasible and within Federal jurisdiction to implement the equivalent alternative measure; (B) the State of California, or subdivision thereof, or local agency with jurisdiction has certified in writing within 10 calendar days to the Assistant Administrator that it has the authority and capability to implement the pertinent equivalent alternative measure; or (C) the adverse consequences of doing so are less than the adverse consequences of the equivalent existing measure, including a concise evaluation of the adverse consequences to other affected interests. (4) If the Assistant Administrator makes the determinations in subparagraph (3)(A) or (3)(B), the Commissioner shall adjust project operations to implement the equivalent alternative measure in place of the equivalent existing measure in order to increase export rates of pumping to the greatest extent possible while maintaining a net combined effect of equivalent through-Delta survival rates for the listed salmonid species. (h) Tracking Adverse Effects Beyond the Range of Effects Accounted for in the Salmonid Biological Opinion and Coordinated Operation with the Delta Smelt Biological Opinion (1) Among the adjustments to the project operations considered through the adaptive management process under this section, the Assistant Administrator and the Commissioner shall— (A) evaluate the effects on listed salmonid species and water supply of the potential adjustment to operational criteria described in subparagraph (B); and (B) consider requiring that before some or all of the provisions of Actions IV.2.1. or IV.2.3 are imposed in any specific instance, the Assistant Administrator show that the implementation of these provisions in that specific instance is necessary to avoid a significant negative impact on the long-term survival of a listed salmonid species. (2) The Assistant Administrator, the Director, and the Commissioner, in coordination with State officials as appropriate, shall establish operational criteria to coordinate management of OMR flows under the smelt and salmonid biological opinions, in order to take advantage of opportunities to provide additional water supplies from the coordinated implementation of the biological opinions. (3) The Assistant Administrator and the Commissioner shall document the effects of any adaptive management decisions related to the coordinated operation of the smelt and salmonid biological opinions that prioritizes the maintenance of one species at the expense of the other. (i) Real-Time Monitoring and Management Notwithstanding the calendar based triggers described in the salmonid biological opinion Reasonable and Prudent Alternative (RPA), the Assistant Administrator and the Commissioner shall not limit OMR reverse flow to −5,000 cubic feet per second unless current monitoring data indicate that this OMR flow limitation is reasonably required to avoid a significant negative impact on the long-term survival of a listed salmonid species. (j) Evaluation and implementation of management measures If the quantitative estimates of through-Delta survival established by the Secretary for the adjustments in subsection (b)(2) exceed the through-Delta survival established for the RPAs, the Secretary shall evaluate and implement the management measures in subsection (b)(2) as a prerequisite to implementing the RPAs contained in the Salmonid Biological Opinion. (k) Accordance with other law Consistent with section 706 of title 5, United States Code, decisions of the Assistant Administrator and the Commissioner described in subsections (b) through (j) shall be made in writing, on the basis of best scientific and commercial data currently available, and shall include an explanation of the data examined at the connection between those data and the decisions made. 1023. Non-Federal program to protect native anadromous fish in the Stanislaus River (a) Establishment of nonnative predator fish removal program The Secretary and the districts, in consultation with the Director, shall jointly develop and conduct a nonnative predator fish removal program to remove nonnative striped bass, smallmouth bass, largemouth bass, black bass, and other nonnative predator fish species from the Stanislaus River. The program shall— (1) be scientifically based; (2) include methods to quantify the number and size of predator fish removed each year, the impact of such removal on the overall abundance of predator fish, and the impact of such removal on the populations of juvenile anadromous fish found in the Stanislaus River by, among other things, evaluating the number of juvenile anadromous fish that migrate past the rotary screw trap located at Caswell; (3) among other methods, use wire fyke trapping, portable resistance board weirs, and boat electrofishing; and (4) be implemented as quickly as possible following the issuance of all necessary scientific research. (b) Management The management of the program shall be the joint responsibility of the Secretary and the districts. Such parties shall work collaboratively to ensure the performance of the program, and shall discuss and agree upon, among other things, changes in the structure, management, personnel, techniques, strategy, data collection, reporting, and conduct of the program. (c) Conduct (1) In general By agreement between the Secretary and the districts, the program may be conducted by their own personnel, qualified private contractors hired by the districts, personnel of, on loan to, or otherwise assigned to the National Marine Fisheries Service, or a combination thereof. (2) Participation by the national marine fisheries service If the districts elect to conduct the program using their own personnel or qualified private contractors hired by them in accordance with paragraph (1), the Secretary may assign an employee of, on loan to, or otherwise assigned to the National Marine Fisheries Service, to be present for all activities performed in the field. Such presence shall ensure compliance with the agreed-upon elements specified in subsection (b). The districts shall pay the cost of such participation in accordance with subsection (d). (3) Timing of election The districts shall notify the Secretary of their election on or before October 15 of each calendar year of the program. Such an election shall apply to the work performed in the subsequent calendar year. (d) Funding (1) In general The districts shall be responsible for 100 percent of the cost of the program. (2) Contributed funds The Secretary may accept and use contributions of funds from the districts to carry out activities under the program. (3) Estimation of cost On or before December 1 of each year of the program, the Secretary shall submit to the districts an estimate of the cost to be incurred by the National Marine Fisheries Service for the program in the following calendar year, if any, including the cost of any data collection and posting under subsection (e). If an amount equal to the estimate is not provided through contributions pursuant to paragraph (2) before December 31 of that year— (A) the Secretary shall have no obligation to conduct the program activities otherwise scheduled for such following calendar year until such amount is contributed by the districts; and (B) the districts may not conduct any aspect of the program until such amount is contributed by the districts. (4) Accounting On or before September 1 of each year, the Secretary shall provide to the districts an accounting of the costs incurred by the Secretary for the program in the preceding calendar year. If the amount contributed by the districts pursuant to paragraph (2) for that year was greater than the costs incurred by the Secretary, the Secretary shall— (A) apply the excess contributions to costs of activities to be performed by the Secretary under the program, if any, in the next calendar year; or (B) if no such activities are to be performed, repay the excess contribution to the districts. (e) Posting and evaluation On or before the 15th day of each month, the Secretary shall post on the Internet website of the National Marine Fisheries Service a tabular summary of the raw data collected under the program in the preceding month. (f) Implementation The program is hereby found to be consistent with the requirements of the Central Valley Project Improvement Act ( Public Law 102–575 ). No provision, plan or definition established or required by the Central Valley Project Improvement Act ( Public Law 102–575 ) shall be used to prohibit the imposition of the program, or to prevent the accomplishment of its goals. (g) Treatment of striped bass For purposes of the application of the Central Valley Project Improvement Act (title XXXIV of Public Law 102–575 ) with respect to the program, striped bass shall not be treated as anadromous fish. (h) Definition For the purposes of this section, the term districts means the Oakdale Irrigation District and the South San Joaquin Irrigation District, California. 1024. Pilot projects to implement CALFED invasive species program (a) In general Not later than January 1, 2017, the Secretary of the Interior, in collaboration with the Secretary of Commerce, the Director of the California Department of Fish and Wildlife, and other relevant agencies and interested parties, shall begin pilot projects to implement the invasive species control program authorized pursuant to section 103(d)(6)(A)(iv) of Public Law 108–361 (118 Stat. 1690). (b) Requirements The pilot projects shall— (1) seek to reduce invasive aquatic vegetation, predators, and other competitors which contribute to the decline of native listed pelagic and anadromous species that occupy the Sacramento and San Joaquin Rivers and their tributaries and the Sacramento-San Joaquin Bay-Delta; and (2) remove, reduce, or control the effects of species, including Asiatic clams, silversides, gobies, Brazilian water weed, water hyacinth, largemouth bass, smallmouth bass, striped bass, crappie, bluegill, white and channel catfish, and brown bullheads. (c) Sunset The authorities provided under this subsection shall expire seven years after the Secretaries commence implementation of the pilot projects pursuant to subsection (a). (d) Emergency environmental reviews To expedite the environmentally beneficial programs for the conservation of threatened and endangered species, the Secretaries shall consult with the Council on Environmental Quality in accordance with section 1506.11 of title 40, Code of Federal Regulations (or successor regulations), to develop alternative arrangements to comply with the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) for the projects pursuant to subsection (a). C OPERATIONAL FLEXIBILITY AND DROUGHT RELIEF 1031. Definitions In this subtitle: (1) Central valley project The term Central Valley Project has the meaning given the term in section 3403 of the Central Valley Project Improvement Act ( Public Law 102–575 ; 106 Stat. 4707). (2) Reclamation project The term Reclamation Project means a project constructed pursuant to the authorities of the reclamation laws and whose facilities are wholly or partially located in the State. (3) Secretaries The term Secretaries means— (A) the Secretary of Agriculture; (B) the Secretary of Commerce; and (C) the Secretary of the Interior. (4) State water project The term State Water Project means the water project described by California Water Code section 11550 et seq. and operated by the California Department of Water Resources. (5) State The term State means the State of California. 1032. Operational flexibility in times of drought (a) Water supplies For the period of time such that in any year that the Sacramento Valley Index is 6.5 or lower, or at the request of the State of California, and until two succeeding years following either of those events have been completed where the final Sacramento Valley Index is 7.8 or greater, the Secretaries shall provide the maximum quantity of water supplies practicable to all individuals or district who receive Central Valley Project water under water service or repayments contracts, water rights settlement contracts, exchange contracts, or refuge contracts or agreements entered into prior to or after the date of enactment of this title; State Water Project contractors, and any other tribe, locality, water agency, or municipality in the State, by approving, consistent with applicable laws (including regulations), projects and operations to provide additional water supplies as quickly as practicable based on available information to address the emergency conditions. (b) Administration In carrying out subsection (a), the Secretaries shall, consistent with applicable laws (including regulations)— (1) issue all necessary permit decisions under the authority of the Secretaries not later than 30 days after the date on which the Secretaries receive a completed application from the State to place and use temporary barriers or operable gates in Delta channels to improve water quantity and quality for the State Water Project and the Central Valley Project south of Delta water contractors and other water users, on the condition that the barriers or operable gates— (A) do not result in a significant negative impact on the long-term survival of listed species within the Delta and provide benefits or have a neutral impact on in-Delta water user water quality; and (B) are designed so that formal consultations under section 7 of the Endangered Species Act of 1973 ( 16 U.S.C. 1536 ) are not necessary; (2) require the Director of the United States Fish and Wildlife Service and the Commissioner of Reclamation— (A) to complete, not later than 30 days after the date on which the Director or the Commissioner receives a complete written request for water transfer, all requirements under 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. ) necessary to make final permit decisions on the request; and (B) to approve any water transfer request described in subparagraph (A) to maximize the quantity of water supplies available for nonhabitat uses, on the condition that actions associated with the water transfer comply with applicable Federal laws (including regulations); (3) adopt a 1:1 inflow to export ratio, as measured as a 3-day running average at Vernalis during the period beginning on April 1, and ending on May 31, absent a determination in writing that a more restrictive inflow to export ratio is required to avoid a significant negative impact on the long-term survival of a listed salmonid species under the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ); provided that the 1:1 inflow to export ratio shall apply for the increment of increased flow of the San Joaquin River resulting from the voluntary sale, transfers, or exchanges of water from agencies with rights to divert water from the San Joaquin River or its tributaries and provided that the movement of the acquired, transferred, or exchanged water through the Delta consistent with the Central Valley Project’s and the State Water Project’s permitted water rights and provided that movement of the Central Valley Project water is consistent with the requirements of section 3405(a)(1)(H) of the Central Valley Project Improvement Act; and (4) allow and facilitate, consistent with existing priorities, water transfers through the C.W. Bill Jones Pumping Plant or the Harvey O. Banks Pumping Plant from April 1 to November 30 provided water transfers comply with State law, including the California Environmental Quality Act. (c) Accelerated project decision and elevation (1) In general On request by the Governor of the State, the Secretaries shall use the expedited procedures under this subsection to make final decisions relating to a Federal project or operation, or to local or State projects or operations that require decisions by the Secretary of the Interior or the Secretary of Commerce to provide additional water supplies if the project’s or operation’s purpose is to provide relief for emergency drought conditions pursuant to subsections (a) and (b). (2) Request for resolution (A) In general On request by the Governor of the State, the Secretaries referenced in paragraph (1), or the head of another Federal agency responsible for carrying out a review of a project, as applicable, the Secretary of the Interior shall convene a final project decision meeting with the heads of all relevant Federal agencies to decide whether to approve a project to provide relief for emergency drought conditions. (B) Meeting The Secretary of the Interior shall convene a meeting requested under subparagraph (A) not later than 7 days after the date on which the meeting request is received. (3) Notification On receipt of a request for a meeting under paragraph (2), the Secretary of the Interior shall notify the heads of all relevant Federal agencies of the request, including information on the project to be reviewed and the date of the meeting. (4) Decision Not later than 10 days after the date on which a meeting is requested under paragraph (2), the head of the relevant Federal agency shall issue a final decision on the project, subject to subsection (e)(2). (5) Meeting convened by secretary The Secretary of the Interior may convene a final project decision meeting under this subsection at any time, at the discretion of the Secretary, regardless of whether a meeting is requested under paragraph (2). (d) Application To the extent that a Federal agency, other than the agencies headed by the Secretaries, has a role in approving projects described in subsections (a) and (b), this section shall apply to those Federal agencies. (e) Limitation Nothing in this section authorizes the Secretaries to approve projects— (1) that would otherwise require congressional authorization; or (2) without following procedures required by applicable law. (f) Drought Plan For the period of time such that in any year that the Sacramento Valley index is 6.5 or lower, or at the request of the State of California, and until two succeeding years following either of those events have been completed where the final Sacramento Valley Index is 7.8 or greater, the Secretaries of Commerce and the Interior, in consultation with appropriate State officials, shall develop a drought operations plan that is consistent with the provisions of this Act including the provisions that are intended to provide additional water supplies that could be of assistance during the current drought. 1033. Operation of cross-channel gates (a) In general The Secretary of Commerce and the Secretary of the Interior shall jointly— (1) authorize and implement activities to ensure that the Delta Cross Channel Gates remain open to the maximum extent practicable using findings from the United States Geological Survey on diurnal behavior of juvenile salmonids, timed to maximize the peak flood tide period and provide water supply and water quality benefits for the duration of the drought emergency declaration of the State, and for the period of time such that in any year that the Sacramento Valley index is 6.5 or lower, or at the request of the State of California, and until two succeeding years following either of those events have been completed where the final Sacramento Valley Index is 7.8 or greater, consistent with operational criteria and monitoring criteria set forth into the Order Approving a Temporary Urgency Change in License and Permit Terms in Response to Drought Conditions of the California State Water Resources Control Board, effective January 31, 2014 (or a successor order) and other authorizations associated with it; (2) with respect to the operation of the Delta Cross Channel Gates described in paragraph (1), collect data on the impact of that operation on— (A) species listed as threatened or endangered under the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ); (B) water quality; and (C) water supply; (3) collaborate with the California Department of Water Resources to install a deflection barrier at Georgiana Slough in coordination with Delta Cross Channel Gate diurnal operations to protect migrating salmonids, consistent with knowledge gained from activities carried out during 2014 and 2015; (4) evaluate the combined salmonid survival in light of activities carried out pursuant to paragraphs (1) through (3) in deciding how to operate the Delta Cross Channel gates to enhance salmonid survival and water supply benefits; and (5) not later than May 15, 2016, submit to the appropriate committees of the House of Representatives and the Senate a notice and explanation on the extent to which the gates are able to remain open. (b) Recommendations After assessing the information collected under subsection (a), the Secretary of the Interior shall recommend revisions to the operation of the Delta Cross-Channel Gates, to the Central Valley Project, and to the State Water Project, including, if appropriate, any reasonable and prudent alternative contained in the biological opinion issued by the National Marine Fisheries Service on June 4, 2009, that are likely to produce water supply benefits without causing a significant negative impact on the long-term survival of the listed fish species within the Delta or on water quality. 1034. Flexibility for export/inflow ratio For the period of time such that in any year that the Sacramento Valley index is 6.5 or lower, or at the request of the State of California, and until two succeeding years following either of those events have been completed where the final Sacramento Valley Index is 7.8 or greater, the Commissioner of the Bureau of Reclamation shall continue to vary the averaging period of the Delta Export/Inflow ratio pursuant to the California State Water Resources Control Board decision D1641— (1) to operate to a 35-percent Export/Inflow ratio with a 3-day averaging period on the rising limb of a Delta inflow hydrograph; and (2) to operate to a 14-day averaging period on the falling limb of the Delta inflow hydrograph. 1035. Emergency environmental reviews (a) NEPA compliance To minimize the time spent carrying out environmental reviews and to deliver water quickly that is needed to address emergency drought conditions in the State during the duration of an emergency drought declaration, the Secretaries shall, in carrying out this Act, consult with the Council on Environmental Quality in accordance with section 1506.11 of title 40, Code of Federal Regulations (including successor regulations), to develop alternative arrangements to comply with the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) during the emergency. (b) Determinations For the purposes of this section, a Secretary may deem a project to be in compliance with all necessary environmental regulations and reviews if the Secretary determines that the immediate implementation of the project is necessary to address— (1) human health and safety; or (2) a specific and imminent loss of agriculture production upon which an identifiable region depends for 25 percent or more of its tax revenue used to support public services including schools, fire or police services, city or county health facilities, unemployment services or other associated social services. 1036. Increased flexibility for regular project operations The Secretaries shall, consistent with applicable laws (including regulations)— (1) in coordination with the California Department of Water Resources and the California Department of Fish and Wildlife, implement offsite upstream projects in the Delta and upstream of the Sacramento River and San Joaquin basins that offset the effects on species listed as threatened or endangered under the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ) due to activities carried out pursuant this Act, as determined by the Secretaries; (2) manage reverse flow in the Old and Middle Rivers at −6,100 cubic feet per second if real-time monitoring indicates that flows of −6,100 cubic feet per second or more negative can be established for specific periods without causing a significant negative impact on the long-term survival of the Delta smelt, or if real-time monitoring does not support flows of −6,100 cubic feet per second than manage OMR flows at −5,000 cubic feet per second subject to section 1013(e)(3) and (4); and (3) use all available scientific tools to identify any changes to real-time operations of the Bureau of Reclamation, State, and local water projects that could result in the availability of additional water supplies. 1037. Temporary operational flexibility for first few storms of the water year (a) In general Consistent with avoiding a significant negative impact on the long-term survival in the short term upon listed fish species beyond the range of those authorized under the Endangered Species Act of 1973 and other environmental protections under subsection (e), the Secretaries shall authorize the Central Valley Project and the State Water Project, combined, to operate at levels that result in negative OMR flows at −7,500 cubic feet per second (based on United States Geological Survey gauges on Old and Middle Rivers) daily average for 56 cumulative days after October 1 as described in subsection (c). (b) Days of temporary operational flexibility The temporary operational flexibility described in subsection (a) shall be authorized on days that the California Department of Water Resources determines the daily average river flow of the Sacramento River is at, or above, 17,000 cubic feet per second as measured at the Sacramento River at Freeport gauge maintained by the United States Geologic Survey. (c) Compliance with Endangered Species Act authorizations In carrying out this section, the Secretaries may continue to impose any requirements under the smelt and salmonid biological opinions during any period of temporary operational flexibility as they determine are reasonably necessary to avoid an additional significant negative impacts on the long-term survival of a listed fish species beyond the range of those authorized under the Endangered Species Act of 1973, provided that the requirements imposed do not reduce water supplies available for the Central Valley Project and the State Water Project. (d) Other environmental protections (1) State law The Secretaries’ actions under this section shall be consistent with applicable regulatory requirements under State law. (2) First sediment flush During the first flush of sediment out of the Delta in each water year, and provided that such determination is based upon objective evidence, OMR flow may be managed at rates less negative than −5,000 cubic feet per second for a minimum duration to avoid movement of adult Delta smelt (Hypomesus transpacificus) to areas in the southern Delta that would be likely to increase entrainment at Central Valley Project and State Water Project pumping plants. (3) Applicability of opinion This section shall not affect the application of the salmonid biological opinion from April 1 to May 31, unless the Secretary of Commerce finds that some or all of such applicable requirements may be adjusted during this time period to provide emergency water supply relief without resulting in additional adverse effects beyond those authorized under the Endangered Species Act of 1973. In addition to any other actions to benefit water supply, the Secretary of the Interior and the Secretary of Commerce shall consider allowing through-Delta water transfers to occur during this period if they can be accomplished consistent with section 3405(a)(1)(H) of the Central Valley Project Improvement Act. Water transfers solely or exclusively through the State Water Project are not required to be consistent with section 3405(a)(1)(H) of the Central Valley Project Improvement Act. (4) Monitoring During operations under this section, the Commissioner of Reclamation, in coordination with the Fish and Wildlife Service, National Marine Fisheries Service, and California Department of Fish and Wildlife, shall undertake a monitoring program and other data gathering to ensure incidental take levels are not exceeded, and to identify potential negative impacts and actions, if any, necessary to mitigate impacts of the temporary operational flexibility to species listed under the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ). (e) Technical adjustments to target period If, before temporary operational flexibility has been implemented on 56 cumulative days, the Secretaries operate the Central Valley Project and the State Water Project combined at levels that result in OMR flows less negative than −7,500 cubic feet per second during days of temporary operational flexibility as defined in subsection (c), the duration of such operation shall not be counted toward the 56 cumulative days specified in subsection (a). (f) Emergency consultation; effect on running averages (1) If necessary to implement the provisions of this section, the Commissioner is authorized to take any action necessary to implement this section for up to 56 cumulative days. If during the 56 cumulative days the Commissioner determines that actions necessary to implement this section will exceed 56 days, the Commissioner shall use the emergency consultation procedures under the Endangered Species Act of 1973 and its implementing regulation at section 402.05 of title 50, Code of Federal Regulations, to temporarily adjust the operating criteria under the biological opinions— (A) solely for extending beyond the 56 cumulative days for additional days of temporary operational flexibility— (i) no more than necessary to achieve the purposes of this section consistent with the environmental protections in subsections (d) and (e); and (ii) including, as appropriate, adjustments to ensure that the actual flow rates during the periods of temporary operational flexibility do not count toward the 5-day and 14-day running averages of tidally filtered daily OMR flow requirements under the biological opinions, or (B) for other adjustments to operating criteria or to take other urgent actions to address water supply shortages for the least amount of time or volume of diversion necessary as determined by the Commissioner. (2) Following the conclusion of the 56 cumulative days of temporary operational flexibility, or the extended number of days covered by the emergency consultation procedures, the Commissioner shall not reinitiate consultation on these adjusted operations, and no mitigation shall be required, if the effects on listed fish species of these operations under this section remain within the range of those authorized under the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ). If the Commissioner reinitiates consultation, no mitigation measures shall be required. (g) Level of detail required for analysis In articulating the determinations required under this section, the Secretaries shall fully satisfy the requirements herein but shall not be expected to provide a greater level of supporting detail for the analysis than feasible to provide within the short timeframe permitted for timely decisionmaking in response to changing conditions in the Delta. 1038. Expediting water transfers (a) In general Section 3405(a) of the Central Valley Project Improvement Act ( Public Law 102–575 ; 106 Stat. 4709(a)) is amended— (1) by redesignating paragraphs (1) through (3) as paragraphs (4) through (6), respectively; (2) in the matter preceding paragraph (4) (as so designated)— (A) in the first sentence, by striking In order to and inserting the following: (1) In general In order to ; and (B) in the second sentence, by striking Except as provided herein and inserting the following: (3) Terms Except as otherwise provided in this section ; (3) by inserting before paragraph (3) (as so designated) the following: (2) Expedited transfer of water The Secretary shall take all necessary actions to facilitate and expedite transfers of Central Valley Project water in accordance with— (A) this Act; (B) any other applicable provision of the reclamation laws; and (C) the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ). ; (4) in paragraph (4) (as so designated)— (A) in subparagraph (A), by striking to combination and inserting or combination ; and (B) by striking 3405(a)(2) of this title each place it appears and inserting (5) ; (5) in paragraph (5) (as so designated), by adding at the end the following: (E) The contracting district from which the water is coming, the agency, or the Secretary shall determine if a written transfer proposal is complete within 45 days after the date of submission of the proposal. If the contracting district or agency or the Secretary determines that the proposal is incomplete, the district or agency or the Secretary shall state with specificity what must be added to or revised for the proposal to be complete. ; and (6) in paragraph (6) (as so designated), by striking 3405(a)(1)(A)–(C), (E), (G), (H), (I), (L), and (M) of this title and inserting (A) through (C), (E), (G), (H), (I), (L), and (M) of paragraph (4) . (b) Conforming amendments The Central Valley Project Improvement Act ( Public Law 102–575 ) is amended— (1) in section 3407(c)(1) (106 Stat. 4726), by striking 3405(a)(1)(C) and inserting 3405(a)(4)(C) ; and (2) in section 3408(i)(1) (106 Stat. 4729), by striking 3405(a)(1) (A) and (J) of this title and inserting subparagraphs (A) and (J) of section 3405(a)(4) . 1039. Additional emergency consultation For adjustments to operating criteria other than under section 1038 of this subtitle or to take urgent actions to address water supply shortages for the least amount of time or volume of diversion necessary as determined by the Commissioner of Reclamation, no mitigation measures shall be required during any year that the Sacramento Valley index is 6.5 or lower, or at the request of the State of California, and until two succeeding years following either of those events have been completed where the final Sacramento Valley Index is 7.8 or greater, and any mitigation measures imposed must be based on quantitative data and required only to the extent that such data demonstrates actual harm to species. 1040. Additional storage at New Melones The Commissioner of Reclamation is directed to work with local water and irrigation districts in the Stanislaus River Basin to ascertain the water storage made available by the Draft Plan of Operations in New Melones Reservoir (DRPO) for water conservation programs, conjunctive use projects, water transfers, rescheduled project water and other projects to maximize water storage and ensure the beneficial use of the water resources in the Stanislaus River Basin. All such programs and projects shall be implemented according to all applicable laws and regulations. The source of water for any such storage program at New Melones Reservoir shall be made available under a valid water right, consistent with the State of California water transfer guidelines and any other applicable State water law. The Commissioner shall inform the Congress within 18 months setting forth the amount of storage made available by the DRPO that has been put to use under this program, including proposals received by the Commissioner from interested parties for the purpose of this section. 1041. Regarding the operation of Folsom Reservoir The Secretary of the Interior, in collaboration with the Sacramento Water Forum, shall expedite evaluation, completion and implementation of the Modified Lower American River Flow Management Standard developed by the Water Forum in 2015 to improve water supply reliability for Central Valley Project American River water contractors and resource protection in the lower American River during consecutive dry-years under current and future demand and climate change conditions. 1042. Applicants In the event that the Bureau of Reclamation or another Federal agency initiates or reinitiates consultation with the U.S. Fish and Wildlife Service or the National Marine Fisheries Service under section 7(a)(2) of the Endangered Species Act of 1973 ( 16 U.S.C. 1536(a)(2) ), with respect to construction or operation of the Central Valley Project and State Water Project, or any part thereof, the State Water Project contractors and the Central Valley Project contractors will be accorded all the rights and responsibilities extended to applicants in the consultation process. 1043. San Joaquin River settlement (a) California State law satisfied by warm water fishery (1) In general Sections 5930 through 5948 of the California Fish and Game Code, and all applicable Federal laws, including the San Joaquin River Restoration Settlement Act ( Public Law 111–11 ) and the Stipulation of Settlement (Natural Resources Defense Council, et al. v. Kirk Rodgers, et al., Eastern District of California, No. Civ. S–88–1658–LKK/GGH), shall be satisfied by the existence of a warm water fishery in the San Joaquin River below Friant Dam, but upstream of Gravelly Ford. (2) Definition of warm water fishery For the purposes of this section, the term warm water fishery means a water system that has an environment suitable for species of fish other than salmon (including all subspecies) and trout (including all subspecies). (b) Repeal of the San Joaquin River settlement As of the date of enactment of this section, the Secretary of the Interior shall cease any action to implement the San Joaquin River Restoration Settlement Act (subtitle A of title X of Public Law 111–11 ) and the Stipulation of Settlement (Natural Resources Defense Council, et al. v. Kirk Rodgers, et al., Eastern District of California, No. Civ. S–88–1658 LKK/GGH). 1044. Program for water rescheduling By December 31, 2015, the Secretary of the Interior shall develop and implement a program, including rescheduling guidelines for Shasta and Folsom Reservoirs, to allow existing Central Valley Project agricultural water service contractors within the Sacramento River Watershed, and refuge service and municipal and industrial water service contractors within the Sacramento River Watershed and the American River Watershed to reschedule water, provided for under their Central Valley Project contracts, from one year to the next; provided, that the program is consistent with existing rescheduling guidelines as utilized by the Bureau of Reclamation for rescheduling water for Central Valley Project water service contractors that are located South of the Delta. D CALFED STORAGE FEASIBILITY STUDIES 1051. Studies The Secretary of the Interior, through the Commissioner of Reclamation, shall— (1) complete the feasibility studies described in clauses (i)(I) and (ii)(II) of section 103(d)(1)(A) of Public Law 108–361 (118 Stat. 1684) and submit such studies to the appropriate committees of the House of Representatives and the Senate not later than December 31, 2015; (2) complete the feasibility study described in clause (i)(II) of section 103(d)(1)(A) of Public Law 108–361 and submit such study to the appropriate committees of the House of Representatives and the Senate not later than November 30, 2016; (3) complete a publicly available draft of the feasibility study described in clause (ii)(I) of section 103(d)(1)(A) of Public Law 108–361 and submit such study to the appropriate committees of the House of Representatives and the Senate not later than November 30, 2016; (4) complete the feasibility study described in clause (ii)(I) of section 103(d)(1)(A) of Public Law 108–361 and submit such study to the appropriate committees of the House of Representatives and the Senate not later than November 30, 2017; (5) complete the feasibility study described in section 103(f)(1)(A) of Public Law 108–361 (118 Stat. 1694) and submit such study to the appropriate Committees of the House of Representatives and the Senate not later than December 31, 2017; (6) provide a progress report on the status of the feasibility studies referred to in paragraphs (1) through (3) to the appropriate committees of the House of Representatives and the Senate not later than 90 days after the date of the enactment of this Act and each 180 days thereafter until December 31, 2017, as applicable. The report shall include timelines for study completion, draft environmental impact statements, final environmental impact statements, and Records of Decision; (7) in conducting any feasibility study under this Act, the reclamation laws, the Central Valley Project Improvement Act (title XXXIV of Public Law 102–575 ; 106 Stat. 4706), the Fish and Wildlife Coordination Act ( 16 U.S.C. 661 et seq. ), the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ), and other applicable law, for the purposes of determining feasibility the Secretary shall document, delineate, and publish costs directly relating to the engineering and construction of a water storage project separately from the costs resulting from regulatory compliance or the construction of auxiliary facilities necessary to achieve regulatory compliance; and (8) communicate, coordinate and cooperate with public water agencies that contract with the United States for Central Valley Project water and that are expected to participate in the cost pools that will be created for the projects proposed in the feasibility studies under this section. 1052. Temperance Flat (a) Definitions For the purposes of this section: (1) Project The term Project means the Temperance Flat Reservoir Project on the Upper San Joaquin River. (2) RMP The term RMP means the document titled Bakersfield Field Office, Record of Decision and Approved Resource Management Plan, dated December 2014. (3) Secretary The term Secretary means the Secretary of the Interior. (b) Applicability of RMP The RMP and findings related thereto shall have no effect on or applicability to the Secretary’s determination of feasibility of, or on any findings or environmental review documents related to— (1) the Project; or (2) actions taken by the Secretary pursuant to section 103(d)(1)(A)(ii)(II) of the Bay-Delta Authorization Act (title I of Public Law 108–361 ). (c) Duties of secretary upon determination of feasibility If the Secretary finds the Project to be feasible, the Secretary shall manage the land recommended in the RMP for designation under the Wild and Scenic Rivers Act ( 16 U.S.C. 1271 et seq. ) in a manner that does not impede any environmental reviews, preconstruction, construction, or other activities of the Project, regardless of whether or not the Secretary submits any official recommendation to Congress under the Wild and Scenic Rivers Act. (d) Reserved water rights Effective December 22, 2014, there shall be no Federal reserved water rights to any segment of the San Joaquin River related to the Project as a result of any designation made under the Wild and Scenic Rivers Act ( 16 U.S.C. 1271 et seq. ). 1053. CALFED storage accountability If the Secretary of the Interior fails to provide the feasibility studies described in section 1051 to the appropriate committees of the House of Representatives and the Senate by the times prescribed, the Secretary shall notify each committee chair individually in person on the status of each project once a month until the feasibility study for that project is provided to Congress. 1054. Water storage project construction (a) Partnership and agreements The Secretary of the Interior, acting through the Commissioner of the Bureau of Reclamation, may partner or enter into an agreement on the water storage projects identified in section 103(d)(1) of the Water Supply Reliability and Environmental Improvement Act ( Public Law 108–361 ) (and Acts supplemental and amendatory to the Act) with local joint powers authorities formed pursuant to State law by irrigation districts and other local water districts and local governments within the applicable hydrologic region, to advance those projects. (b) Authorization for project If the Secretary determines a project described in section 1052(a)(1) and (2) is feasible, the Secretary is authorized to carry out the project in a manner that is substantially in accordance with the recommended plan, and subject to the conditions described in the feasibility study, provided that no Federal funding shall be used to construct the project. E WATER RIGHTS PROTECTIONS 1061. Offset for State Water Project (a) Implementation impacts The Secretary of the Interior shall confer with the California Department of Fish and Wildlife in connection with the implementation of this Act on potential impacts to any consistency determination for operations of the State Water Project issued pursuant to California Fish and Game Code section 2080.1. (b) Additional yield If, as a result of the application of this Act, the California Department of Fish and Wildlife— (1) revokes the consistency determinations pursuant to California Fish and Game Code section 2080.1 that are applicable to the State Water Project; (2) amends or issues one or more new consistency determinations pursuant to California Fish and Game Code section 2080.1 in a manner that directly or indirectly results in reduced water supply to the State Water Project as compared with the water supply available under the smelt biological opinion and the salmonid biological opinion; or (3) requires take authorization under California Fish and Game Code section 2081 for operation of the State Water Project in a manner that directly or indirectly results in reduced water supply to the State Water Project as compared with the water supply available under the smelt biological opinion and the salmonid biological opinion, and as a consequence of the Department’s action, Central Valley Project yield is greater than it would have been absent the Department’s actions, then that additional yield shall be made available to the State Water Project for delivery to State Water Project contractors to offset losses resulting from the Department’s action. (c) Notification related to environmental protections The Secretary of the Interior shall immediately notify the Director of the California Department of Fish and Wildlife in writing if the Secretary of the Interior determines that implementation of the smelt biological opinion and the salmonid biological opinion consistent with this Act reduces environmental protections for any species covered by the opinions. 1062. Area of origin protections (a) In general The Secretary of the Interior is directed, in the operation of the Central Valley Project, to adhere to California’s water rights laws governing water rights priorities and to honor water rights senior to those held by the United States for operation of the Central Valley Project, regardless of the source of priority, including any appropriative water rights initiated prior to December 19, 1914, as well as water rights and other priorities perfected or to be perfected pursuant to California Water Code Part 2 of Division 2. Article 1.7 (commencing with section 1215 of chapter 1 of part 2 of division 2, sections 10505, 10505.5, 11128, 11460, 11461, 11462, and 11463, and sections 12200 to 12220, inclusive). (b) Diversions Any action undertaken by the Secretary of the Interior and the Secretary of Commerce pursuant to both this Act and section 7 of the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ) that requires that diversions from the Sacramento River or the San Joaquin River watersheds upstream of the Delta be bypassed shall not be undertaken in a manner that alters the water rights priorities established by California law. (c) Endangered species act Nothing in this subtitle alters the existing authorities provided to and obligations placed upon the Federal Government under the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ), as amended. (d) Contracts With respect to individuals and entities with water rights on the Sacramento River, the mandates of this section may be met, in whole or in part, through a contract with the Secretary of the Interior executed pursuant to section 14 of Public Law 76–260 ; 53 Stat. 1187 ( 43 U.S.C. 389 ) that is in conformance with the Sacramento River Settlement Contracts renewed by the Secretary of the Interior in 2005. 1063. No redirected adverse impacts (a) In general The Secretary of the Interior shall ensure that, except as otherwise provided for in a water service or repayment contract, actions taken in compliance with legal obligations imposed pursuant to or as a result of this Act, including such actions under section 7 of the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ) and other applicable Federal and State laws, shall not directly or indirectly— (1) result in the involuntary reduction of water supply or fiscal impacts to individuals or districts who receive water from either the State Water Project or the United States under water rights settlement contracts, exchange contracts, water service contracts, repayment contracts, or water supply contracts; or (2) cause redirected adverse water supply or fiscal impacts to those within the Sacramento River watershed, the San Joaquin River watershed or the State Water Project service area. (b) Costs To the extent that costs are incurred solely pursuant to or as a result of this Act and would not otherwise have been incurred by any entity or public or local agency or subdivision of the State of California, such costs shall not be borne by any such entity, agency, or subdivision of the State of California, unless such costs are incurred on a voluntary basis. (c) Rights and obligations not modified or amended Nothing in this Act shall modify or amend the rights and obligations of the parties to any existing— (1) water service, repayment, settlement, purchase, or exchange contract with the United States, including the obligation to satisfy exchange contracts and settlement contracts prior to the allocation of any other Central Valley Project water; or (2) State Water Project water supply or settlement contract with the State. 1064. Allocations for Sacramento Valley contractors (a) Allocations (1) In general Subject to paragraph (2) and subsection (b), the Secretary of the Interior is directed, in the operation of the Central Valley Project, to allocate water provided for irrigation purposes to existing Central Valley Project agricultural water service contractors within the Sacramento River Watershed in compliance with the following: (A) Not less than 100 percent of their contract quantities in a Wet year. (B) Not less than 100 percent of their contract quantities in an Above Normal year. (C) Not less than 100 percent of their contract quantities in a Below Normal year that is preceded by an Above Normal or a Wet year. (D) Not less than 50 percent of their contract quantities in a Dry year that is preceded by a Below Normal, an Above Normal, or a Wet year. (E) In all other years not identified herein, the allocation percentage for existing Central Valley Project agricultural water service contractors within the Sacramento River Watershed shall not be less than twice the allocation percentage to south-of-Delta Central Valley Project agricultural water service contractors, up to 100 percent; provided, that nothing herein shall preclude an allocation to existing Central Valley Project agricultural water service contractors within the Sacramento River Watershed that is greater than twice the allocation percentage to south-of-Delta Central Valley Project agricultural water service contractors. (2) Conditions The Secretary’s actions under paragraph (a) shall be subject to— (A) the priority of individuals or entities with Sacramento River water rights, including those with Sacramento River Settlement Contracts, that have priority to the diversion and use of Sacramento River water over water rights held by the United States for operations of the Central Valley Project; (B) the United States obligation to make a substitute supply of water available to the San Joaquin River Exchange Contractors; and (C) the Secretary’s obligation to make water available to managed wetlands pursuant to section 3406(d) of the Central Valley Project Improvement Act ( Public Law 102–575 ). (b) Protection of municipal and industrial supplies Nothing in subsection (a) shall be deemed to— (1) modify any provision of a water service contract that addresses municipal and industrial water shortage policies of the Secretary; (2) affect or limit the authority of the Secretary to adopt or modify municipal and industrial water shortage policies; (3) affect or limit the authority of the Secretary to implement municipal and industrial water shortage policies; or (4) affect allocations to Central Valley Project municipal and industrial contractors pursuant to such policies. Neither subsection (a) nor the Secretary’s implementation of subsection (a) shall constrain, govern or affect, directly, the operations of the Central Valley Project’s American River Division or any deliveries from that Division, its units or facilities. (c) No effect on allocations This section shall not— (1) affect the allocation of water to Friant Division contractors; or (2) result in the involuntary reduction in contract water allocations to individuals or entities with contracts to receive water from the Friant Division. (d) Program for water rescheduling The Secretary of the Interior shall develop and implement a program, not later than 1 year after the date of the enactment of this Act, to provide for the opportunity for existing Central Valley Project agricultural water service contractors within the Sacramento River Watershed to reschedule water, provided for under their Central Valley Project water service contracts, from one year to the next. (e) Definitions In this section: (1) The term existing Central Valley Project agricultural water service contractors within the Sacramento River Watershed means water service contractors within the Shasta, Trinity, and Sacramento River Divisions of the Central Valley Project, that have a water service contract in effect, on the date of the enactment of this section, that provides water for irrigation. (2) The year type terms used in subsection (a) have the meaning given those year types in the Sacramento Valley Water Year Type (40–30–30) Index. 1065. Effect on existing obligations Nothing in this Act preempts or modifies any existing obligation of the United States under Federal reclamation law to operate the Central Valley Project in conformity with State law, including established water rights priorities. F MISCELLANEOUS 1071. Authorized service area (a) In general The authorized service area of the Central Valley Project authorized under the Central Valley Project Improvement Act ( Public Law 102–575 ; 106 Stat. 4706) shall include the area within the boundaries of the Kettleman City Community Services District, California, as in existence on the date of enactment of this Act. (b) Long-Term contract (1) In general Notwithstanding the Central Valley Project Improvement Act ( Public Law 102–575 ; 106 Stat. 4706) and subject to paragraph (2), the Secretary of the Interior, in accordance with the Federal reclamation laws, shall enter into a long-term contract with the Kettleman City Community Services District, California, under terms and conditions mutually agreeable to the parties, for the delivery of up to 900 acre-feet of Central Valley Project water for municipal and industrial use. (2) Limitation Central Valley Project water deliveries authorized under the contract entered into under paragraph (1) shall be limited to the minimal quantity necessary to meet the immediate needs of the Kettleman City Community Services District, California, in the event that local supplies or State Water Project allocations are insufficient to meet those needs. (c) Permit The Secretary shall apply for a permit with the State for a joint place of use for water deliveries authorized under the contract entered into under subsection (b) with respect to the expanded service area under subsection (a), consistent with State law. (d) Additional costs If any additional infrastructure, water treatment, or related costs are needed to implement this section, those costs shall be the responsibility of the non-Federal entity. 1072. Oversight board for Restoration Fund (a) Plan; advisory board Section 3407 of the Central Valley Project Improvement Act ( Public Law 102–575 ; 106 Stat. 4726) is amended by adding at the end the following: (g) Plan on expenditure of funds (1) In general For each fiscal year, the Secretary, in consultation with the Advisory Board, shall submit to Congress a plan for the expenditure of all of the funds deposited into the Restoration Fund during the preceding fiscal year. (2) Contents The plan shall include an analysis of the cost-effectiveness of each expenditure. (h) Advisory board (1) Establishment There is established the Restoration Fund Advisory Board (referred to in this section as the Advisory Board ), which shall be composed of 11 members appointed by the Secretary. (2) Membership (A) In general The Secretary shall appoint members to the Advisory Board that represent the various Central Valley Project stakeholders, of whom— (i) 4 members shall be agricultural users of the Central Valley Project, including at least one agricultural user from north-of-the-Delta and one agricultural user from south-of-the-Delta; (ii) 2 members shall be municipal and industrial users of the Central Valley Project, including one municipal and industrial user from north-of-the-Delta and one municipal and industrial user from south-of-the-Delta; (iii) 2 members shall be power contractors of the Central Valley Project, including at least one power contractor from north-of-the-Delta and from south-of-the-Delta; (iv) 1 member shall be a representative of a Federal national wildlife refuge that contracts for Central Valley Project water supplies with the Bureau of Reclamation; (v) 1 member shall have expertise in the economic impacts of the changes to water operations; and (vi) 1 member shall be a representative of a wildlife entity that primarily focuses on waterfowl. (B) Observer The Secretary and the Secretary of Commerce may each designate a representative to act as an observer of the Advisory Board. (C) Chair The Secretary shall appoint 1 of the members described in subparagraph (A) to serve as Chair of the Advisory Board. (3) Terms The term of each member of the Advisory Board shall be 4 years. (4) Date of appointments The appointment of a member of the Panel shall be made not later than— (A) the date that is 120 days after the date of enactment of this Act; or (B) in the case of a vacancy on the Panel described in subsection (c)(2), the date that is 120 days after the date on which the vacancy occurs. (5) Vacancies (A) In general A vacancy on the Panel shall be filled in the manner in which the original appointment was made and shall be subject to any conditions that applied with respect to the original appointment. (B) Filling unexpired term An individual chosen to fill a vacancy shall be appointed for the unexpired term of the member replaced. (C) Expiration of terms The term of any member shall not expire before the date on which the successor of the member takes office. (6) Removal A member of the Panel may be removed from office by the Secretary of the Interior. (7) Federal advisory committee act The Panel shall not be subject to the requirements of the Federal Advisory Committee Act. (8) Duties The duties of the Advisory Board are— (A) to meet not less frequently than semiannually to develop and make recommendations to the Secretary regarding priorities and spending levels on projects and programs carried out under this title; (B) to ensure that any advice given or recommendation made by the Advisory Board reflects the independent judgment of the Advisory Board; (C) not later than December 31, 2015, and annually thereafter, to submit to the Secretary and Congress the recommendations under subparagraph (A); and (D) not later than December 31, 2015, and biennially thereafter, to submit to Congress details of the progress made in achieving the actions required under section 3406. (9) Administration With the consent of the appropriate agency head, the Advisory Board may use the facilities and services of any Federal agency. (10) Cooperation and assistance (A) Provision of information Upon request of the Panel Chair for information or assistance to facilitate carrying out this section, the Secretary of the Interior shall promptly provide such information, unless otherwise prohibited by law. (B) Space and assistance The Secretary of the Interior shall provide the Panel with appropriate and adequate office space, together with such equipment, office supplies, and communications facilities and services as may be necessary for the operation of the Panel, and shall provide necessary maintenance services for such offices and the equipment and facilities located therein. . 1073. Water supply accounting (a) In general All Central Valley Project water, except Central Valley Project water released pursuant to U.S. Department of the Interior Record of Decision, Trinity River Mainstem Fishery Restoration Final Environmental Impact Statement/Environmental Impact Report dated December 2000 used to implement an action undertaken for a fishery beneficial purpose that was not imposed by terms and conditions existing in licenses, permits, and other agreements pertaining to the Central Valley Project under applicable State or Federal law existing on October 30, 1992, shall be credited to the quantity of Central Valley Project yield dedicated and managed under this section; provided, that nothing herein shall affect the Secretary of the Interior’s duty to comply with any otherwise lawful requirement imposed on operations of the Central Valley Project under any provision of Federal or State law. (b) Reclamation policies and allocations Reclamation policies and allocations shall not be based upon any premise or assumption that Central Valley Project contract supplies are supplemental or secondary to any other contractor source of supply. 1074. Implementation of water replacement plan (a) In general Not later than October 1, 2016, the Secretary of the Interior shall update and implement the plan required by section 3408(j) of title XXXIV of Public Law 102–575 . The Secretary shall notify the Congress annually describing the progress of implementing the plan required by section 3408(j) of title XXXIV of Public Law 102–575 . (b) Potential amendment If the plan required in subsection (a) has not increased the Central Valley Project yield by 800,000 acre-feet within 5 years after the enactment of this Act, then section 3406 of the Central Valley Project Improvement Act (title XXXIV of Public Law 102–575 ) is amended as follows: (1) In subsection (b)— (A) by amending paragraph (2)(C) to read: (C) If by March 15, 2021, and any year thereafter the quantity of Central Valley Project water forecasted to be made available to all water service or repayment contractors of the Central Valley Project is below 50 percent of the total quantity of water to be made available under said contracts, the quantity of Central Valley Project yield dedicated and managed for that year under this paragraph shall be reduced by 25 percent. . 1075. Natural and artificially spawned species After the date of the enactment of this title, and regardless of the date of listing, the Secretaries of the Interior and Commerce shall not distinguish between natural-spawned and hatchery-spawned or otherwise artificially propagated strains of a species in making any determination under the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ) that relates to any anadromous or pelagic fish species that resides for all or a portion of its life in the Sacramento-San Joaquin Delta or rivers tributary thereto. 1076. Transfer the New Melones Unit, Central Valley Project to interested providers (a) Definitions For the purposes of this section, the following terms apply: (1) Interested local water and power providers The term interested local water and power providers includes the Calaveras County Water District, Calaveras Public Power Agency, Central San Joaquin Water Conservation District, Oakdale Irrigation District, Stockton East Water District, South San Joaquin Irrigation District, Tuolumne Utilities District, Tuolumne Public Power Agency, and Union Public Utilities District. (2) New melones unit, central valley project The term New Melones Unit, Central Valley Project means all Federal reclamation projects located within or diverting water from or to the watershed of the Stanislaus and San Joaquin rivers and their tributaries as authorized by the Act of August 26, 1937 (50 Stat. 850), and all Acts amendatory or supplemental thereto, including the Act of October 23, 1962 (76 Stat. 1173). (3) Secretary The term Secretary means the Secretary of the Interior. (b) Negotiations Notwithstanding any other provision of law, not later than 180 days after the date of the enactment of this Act, the Secretary shall enter into negotiations with interested local water and power providers for the transfer ownership, control, and operation of the New Melones Unit, Central Valley Project to interested local water and power providers within the State of California. (c) Transfer The Secretary shall transfer the New Melones Unit, Central Valley Project in accordance with an agreement reached pursuant to negotiations conducted under subsection (b). (d) Notification Not later than 360 days after the date of the enactment of this Act, and every 6 months thereafter, the Secretary shall notify the appropriate committees of the House of Representatives and the Senate— (1) if an agreement is reached pursuant to negotiations conducted under subsection (b), the terms of that agreement; (2) of the status of formal discussions with interested local water and power providers for the transfer of ownership, control, and operation of the New Melones Unit, Central Valley Project to interested local water and power providers; (3) of all unresolved issues that are preventing execution of an agreement for the transfer of ownership, control, and operation of the New Melones Unit, Central Valley Project to interested local water and power providers; (4) on analysis and review of studies, reports, discussions, hearing transcripts, negotiations, and other information about past and present formal discussions that— (A) have a serious impact on the progress of the formal discussions; (B) explain or provide information about the issues that prevent progress or finalization of formal discussions; or (C) are, in whole or in part, preventing execution of an agreement for the transfer; and (5) of any actions the Secretary recommends that the United States should take to finalize an agreement for that transfer. 1077. Basin studies (a) Authorized studies The Secretary of the Interior is authorized and directed to expand opportunities and expedite completion of assessments under section 9503(b) of the SECURE Water Act ( 42 U.S.C. 10363(b) ), with non-Federal partners, of individual sub-basins and watersheds within major Reclamation river basins; and shall ensure timely decision and expedited implementation of adaptation and mitigation strategies developed through the special study process. (b) Funding (1) In general The non-Federal partners shall be responsible for 100 percent of the cost of the special studies. (2) Contributed Funds The Secretary may accept and use contributions of funds from the non-Federal partners to carry out activities under the special studies. 1078. Operations of the Trinity River Division The Secretary of the Interior, in the operation of the Trinity River Division of the Central Valley Project, shall not make releases from Lewiston Dam in excess of the volume for each water-year type required by the U.S. Department of the Interior Record of Decision, Trinity River Mainstem Fishery Restoration Final Environmental Impact Statement/Environmental Impact Report dated December 2000. (1) A maximum of 369,000 acre-feet in a Critically Dry year. (2) A maximum of 453,000 acre-feet in a Dry year. (3) A maximum of 647,000 acre-feet in a Normal year. (4) A maximum of 701,000 acre-feet in a Wet year. (5) A maximum of 815,000 acre-feet in an Extremely Wet year. 1079. Amendment to purposes Section 3402 of the Central Valley Project Improvement Act (106 Stat. 4706) is amended— (1) in subsection (f), by striking the period at the end; and (2) by adding at the end the following: (g) to ensure that water dedicated to fish and wildlife purposes by this title is replaced and provided to Central Valley Project water contractors by December 31, 2018, at the lowest cost reasonably achievable; and (h) to facilitate and expedite water transfers in accordance with this Act. . 1080. Amendment to definition Section 3403 of the Central Valley Project Improvement Act (106 Stat. 4707) is amended— (1) by amending subsection (a) to read as follows: (a) the term anadromous fish means those native stocks of salmon (including steelhead) and sturgeon that, as of October 30, 1992, were present in the Sacramento and San Joaquin Rivers and their tributaries and ascend those rivers and their tributaries to reproduce after maturing in San Francisco Bay or the Pacific Ocean; ; (2) in subsection (l), by striking and, ; (3) in subsection (m), by striking the period and inserting ; and ; and (4) by adding at the end the following: (n) the term reasonable flow means water flows capable of being maintained taking into account competing consumptive uses of water and economic, environmental, and social factors. . 1081. Report on results of water usage The Secretary of the Interior, in consultation with the Secretary of Commerce and the Secretary of Natural Resources of the State of California, shall publish an annual report detailing instream flow releases from the Central Valley Project and California State Water Project, their explicit purpose and authority, and all measured environmental benefit as a result of the releases. 1082. Klamath project consultation applicants If the Bureau of Reclamation initiates or reinitiates consultation with the U.S. Fish and Wildlife Service or the National Marine Fisheries Service under section 7(a)(2) of the Endangered Species Act of 1973 ( 16 U.S.C. 1536(a)(2) ), with respect to construction or operation of the Klamath Project (or any part thereof), Klamath Project contractors shall be accorded all the rights and responsibilities extended to applicants in the consultation process. Upon request of the Klamath Project contractors, they may be represented through an association or organization. G Water Supply Permitting Act 1091. Short title This subtitle may be cited as the Water Supply Permitting Coordination Act . 1092. Definitions In this subtitle: (1) Secretary The term Secretary means the Secretary of the Interior. (2) Bureau The term Bureau means the Bureau of Reclamation. (3) Qualifying projects The term qualifying projects means new surface water storage projects in the States covered under 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. ) constructed on lands administered by the Department of the Interior or the Department of Agriculture, exclusive of any easement, right-of-way, lease, or any private holding. (4) Cooperating agencies The term cooperating agency means a Federal agency with jurisdiction over a review, analysis, opinion, statement, permit, license, or other approval or decision required for a qualifying project under applicable Federal laws and regulations, or a State agency subject to section 1093(c). 1093. Establishment of lead agency and cooperating agencies (a) Establishment of Lead Agency The Bureau of Reclamation is established as the lead agency for purposes of coordinating all reviews, analyses, opinions, statements, permits, licenses, or other approvals or decisions required under Federal law to construct qualifying projects. (b) Identification and Establishment of Cooperating Agencies The Commissioner of the Bureau shall— (1) identify, as early as practicable upon receipt of an application for a qualifying project, any Federal agency that may have jurisdiction over a review, analysis, opinion, statement, permit, license, approval, or decision required for a qualifying project under applicable Federal laws and regulations; and (2) notify any such agency, within a reasonable timeframe, that the agency has been designated as a cooperating agency in regards to the qualifying project unless that agency responds to the Bureau in writing, within a timeframe set forth by the Bureau, notifying the Bureau that the agency— (A) has no jurisdiction or authority with respect to the qualifying project; (B) has no expertise or information relevant to the qualifying project or any review, analysis, opinion, statement, permit, license, or other approval or decision associated therewith; or (C) does not intend to submit comments on the qualifying project or conduct any review of such a project or make any decision with respect to such project in a manner other than in cooperation with the Bureau. (c) State Authority A State in which a qualifying project is being considered may choose, consistent with State law— (1) to participate as a cooperating agency; and (2) to make subject to the processes of this subtitle all State agencies that— (A) have jurisdiction over the qualifying project; (B) are required to conduct or issue a review, analysis, or opinion for the qualifying project; or (C) are required to make a determination on issuing a permit, license, or approval for the qualifying project. 1094. Bureau responsibilities (a) In general The principal responsibilities of the Bureau under this subtitle are to— (1) serve as the point of contact for applicants, State agencies, Indian tribes, and others regarding proposed qualifying projects; (2) coordinate preparation of unified environmental documentation that will serve as the basis for all Federal decisions necessary to authorize the use of Federal lands for qualifying projects; and (3) coordinate all Federal agency reviews necessary for project development and construction of qualifying projects. (b) Coordination process The Bureau shall have the following coordination responsibilities: (1) Pre-application coordination Notify cooperating agencies of proposed qualifying projects not later than 30 days after receipt of a proposal and facilitate a preapplication meeting for prospective applicants, relevant Federal and State agencies, and Indian tribes to— (A) explain applicable processes, data requirements, and applicant submissions necessary to complete the required Federal agency reviews within the timeframe established; and (B) establish the schedule for the qualifying project. (2) Consultation with cooperating agencies Consult with the cooperating agencies throughout the Federal agency review process, identify and obtain relevant data in a timely manner, and set necessary deadlines for cooperating agencies. (3) Schedule Work with the qualifying project applicant and cooperating agencies to establish a project schedule. In establishing the schedule, the Bureau shall consider, among other factors— (A) the responsibilities of cooperating agencies under applicable laws and regulations; (B) the resources available to the cooperating agencies and the non-Federal qualifying project sponsor, as applicable; (C) the overall size and complexity of the qualifying project; (D) the overall schedule for and cost of the qualifying project; and (E) the sensitivity of the natural and historic resources that may be affected by the qualifying project. (4) Environmental compliance Prepare a unified environmental review document for each qualifying project application, incorporating a single environmental record on which all cooperating agencies with authority to issue approvals for a given qualifying project shall base project approval decisions. Help ensure that cooperating agencies make necessary decisions, within their respective authorities, regarding Federal approvals in accordance with the following timelines: (A) Not later than one year after acceptance of a completed project application when an environmental assessment and finding of no significant impact is determined to be the appropriate level of review under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ). (B) Not later than one year and 30 days after the close of the public comment period for a draft environmental impact statement under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ), when an environmental impact statement is required under the same. (5) Consolidated administrative record Maintain a consolidated administrative record of the information assembled and used by the cooperating agencies as the basis for agency decisions. (6) Project data records To the extent practicable and consistent with Federal law, ensure that all project data is submitted and maintained in generally accessible electronic format, compile, and where authorized under existing law, make available such project data to cooperating agencies, the qualifying project applicant, and to the public. (7) Project manager Appoint a project manager for each qualifying project. The project manager shall have authority to oversee the project and to facilitate the issuance of the relevant final authorizing documents, and shall be responsible for ensuring fulfillment of all Bureau responsibilities set forth in this section and all cooperating agency responsibilities under section 1095. 1095. Cooperating agency responsibilities (a) Adherence to Bureau Schedule Upon notification of an application for a qualifying project, all cooperating agencies shall submit to the Bureau a timeframe under which the cooperating agency reasonably considers it will be able to complete its authorizing responsibilities. The Bureau shall use the timeframe submitted under this subsection to establish the project schedule under section 1094, and the cooperating agencies shall adhere to the project schedule established by the Bureau. (b) Environmental Record Cooperating agencies shall submit to the Bureau all environmental review material produced or compiled in the course of carrying out activities required under Federal law consistent with the project schedule established by the Bureau. (c) Data Submission To the extent practicable and consistent with Federal law, the cooperating agencies shall submit all relevant project data to the Bureau in a generally accessible electronic format subject to the project schedule set forth by the Bureau. 1096. Funding to process permits (a) In general The Secretary, after public notice in accordance with the Administrative Procedures Act ( 5 U.S.C. 553 ), may accept and expend funds contributed by a non-Federal public entity to expedite the evaluation of a permit of that entity related to a qualifying project. (b) Effect on permitting (1) In general In carrying out this section, the Secretary shall ensure that the use of funds accepted under subsection (a) will not impact impartial decisionmaking with respect to permits, either substantively or procedurally. (2) Evaluation of permits In carrying out this section, the Secretary shall ensure that the evaluation of permits carried out using funds accepted under this section shall— (A) be reviewed by the Regional Director of the Bureau, or the Regional Director’s designee, of the region in which the qualifying project or activity is located; and (B) use the same procedures for decisions that would otherwise be required for the evaluation of permits for similar projects or activities not carried out using funds authorized under this section. (3) Impartial decisionmaking In carrying out this section, the Secretary and the cooperating agencies receiving funds under this section for qualifying projects shall ensure that the use of the funds accepted under this section for such projects shall not— (A) impact impartial decisionmaking with respect to the issuance of permits, either substantively or procedurally; or (B) diminish, modify, or otherwise affect the statutory or regulatory authorities of such agencies. (c) Limitation on use of funds None of the funds accepted under this section shall be used to carry out a review of the evaluation of permits required under subsection (b)(2)(A). (d) Public availability The Secretary shall ensure that all final permit decisions carried out using funds authorized under this section are made available to the public, including on the Internet. H Bureau of Reclamation Project Streamlining 1101. Short title This subtitle may be cited as the Bureau of Reclamation Project Streamlining Act . 1102. Definitions In this subtitle: (1) Environmental impact statement The term environmental impact statement means the detailed statement of environmental impacts of a project required to be prepared pursuant to the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ). (2) Environmental review process (A) In general The term environmental review process means the process of preparing an environmental impact statement, environmental assessment, categorical exclusion, or other document under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) for a project study. (B) Inclusions The term environmental review process includes the process for and completion of any environmental permit, approval, review, or study required for a project study under any Federal law other than the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ). (3) Federal jurisdictional agency The term Federal jurisdictional agency means a Federal agency with jurisdiction delegated by law, regulation, order, or otherwise over a review, analysis, opinion, statement, permit, license, or other approval or decision required for a project study under applicable Federal laws (including regulations). (4) Federal lead agency The term Federal lead agency means the Bureau of Reclamation. (5) Project The term project means a surface water project, a project under the purview of title XVI of Public Law 102–575 , or a rural water supply project investigated under Public Law 109–451 to be carried out, funded or operated in whole or in party by the Secretary pursuant to 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. ). (6) Project sponsor The term project sponsor means a State, regional, or local authority or instrumentality or other qualifying entity, such as a water conservation district, irrigation district, water conservancy district, joint powers authority, mutual water company, canal company, rural water district or association, or any other entity that has the capacity to contract with the United States under Federal reclamation law. (7) Project study The term project study means a feasibility study for a project carried out pursuant to 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. ). (8) Secretary The term Secretary means the Secretary of the Interior. (9) Surface water storage The term surface water storage means any surface water reservoir or impoundment that would be owned, funded or operated in whole or in part by the Bureau of Reclamation or that would be integrated into a larger system owned, operated or administered in whole or in part by the Bureau of Reclamation. 1103. Acceleration of studies (a) In general To the extent practicable, a project study initiated by the Secretary, after the date of enactment of this Act, under the Reclamation Act of 1902 (32 Stat. 388), and all Acts amendatory thereof or supplementary thereto, shall— (1) result in the completion of a final feasibility report not later than 3 years after the date of initiation; (2) have a maximum Federal cost of $3,000,000; and (3) ensure that personnel from the local project area, region, and headquarters levels of the Bureau of Reclamation concurrently conduct the review required under this section. (b) Extension If the Secretary determines that a project study described in subsection (a) will not be conducted in accordance with subsection (a), the Secretary, not later than 30 days after the date of making the determination, shall— (1) prepare an updated project study schedule and cost estimate; (2) notify the non-Federal project cost-sharing partner that the project study has been delayed; and (3) provide written notice to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate as to the reasons the requirements of subsection (a) are not attainable. (c) Exception (1) In general Notwithstanding the requirements of subsection (a), the Secretary may extend the timeline of a project study by a period not to exceed 3 years, if the Secretary determines that the project study is too complex to comply with the requirements of subsection (a). (2) Factors In making a determination that a study is too complex to comply with the requirements of subsection (a), the Secretary shall consider— (A) the type, size, location, scope, and overall cost of the project; (B) whether the project will use any innovative design or construction techniques; (C) whether the project will require significant action by other Federal, State, or local agencies; (D) whether there is significant public dispute as to the nature or effects of the project; and (E) whether there is significant public dispute as to the economic or environmental costs or benefits of the project. (3) Notification Each time the Secretary makes a determination under this subsection, the Secretary shall provide written notice to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate as to the results of that determination, including an identification of the specific one or more factors used in making the determination that the project is complex. (4) Limitation The Secretary shall not extend the timeline for a project study for a period of more than 7 years, and any project study that is not completed before that date shall no longer be authorized. (d) Reviews Not later than 90 days after the date of the initiation of a project study described in subsection (a), the Secretary shall— (1) take all steps necessary to initiate the process for completing federally mandated reviews that the Secretary is required to complete as part of the study, including the environmental review process under section 1105; (2) convene a meeting of all Federal, tribal, and State agencies identified under section 1105(d) that may— (A) have jurisdiction over the project; (B) be required by law to conduct or issue a review, analysis, opinion, or statement for the project study; or (C) be required to make a determination on issuing a permit, license, or other approval or decision for the project study; and (3) take all steps necessary to provide information that will enable required reviews and analyses related to the project to be conducted by other agencies in a thorough and timely manner. (e) Interim report Not later than 18 months after the date of enactment of this Act, 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 and make publicly available a report that describes— (1) the status of the implementation of the planning process under this section, including the number of participating projects; (2) a review of project delivery schedules, including a description of any delays on those studies initiated prior to the date of the enactment of this Act; and (3) any recommendations for additional authority necessary to support efforts to expedite the project. (f) Final report Not later than 4 years after the date of enactment of this Act, 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 and make publicly available a report that describes— (1) the status of the implementation of this section, including a description of each project study subject to the requirements of this section; (2) the amount of time taken to complete each project study; and (3) any recommendations for additional authority necessary to support efforts to expedite the project study process, including an analysis of whether the limitation established by subsection (a)(2) needs to be adjusted to address the impacts of inflation. 1104. Expedited completion of reports The Secretary shall— (1) expedite the completion of any ongoing project study initiated before the date of enactment of this Act; and (2) if the Secretary determines that the project is justified in a completed report, proceed directly to preconstruction planning, engineering, and design of the project in accordance with the Reclamation Act of 1902 (32 Stat. 388), and all Acts amendatory thereof or supplementary thereto. 1105. Project acceleration (a) Applicability (1) In general This section shall apply to— (A) each project study that is initiated after the date of enactment of this Act and for which an environmental impact statement is prepared under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ); (B) the extent determined appropriate by the Secretary, to other project studies initiated before the date of enactment of this Act and for which an environmental review process document is prepared under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ); and (C) any project study for the development of a non-federally owned and operated surface water storage project for which the Secretary determines there is a demonstrable Federal interest and the project— (i) is located in a river basin where other Bureau of Reclamation water projects are located; (ii) will create additional water supplies that support Bureau of Reclamation water projects; or (iii) will become integrated into the operation of Bureau of Reclamation water projects. (2) Flexibility Any authority granted under this section may be exercised, and any requirement established under this section may be satisfied, for the conduct of an environmental review process for a project study, a class of project studies, or a program of project studies. (3) List of project studies (A) In general The Secretary shall annually prepare, and make publicly available, a list of all project studies that the Secretary has determined— (i) meets the standards described in paragraph (1); and (ii) does not have adequate funding to make substantial progress toward the completion of the project study. (B) Inclusions The Secretary shall include for each project study on the list under subparagraph (A) a description of the estimated amounts necessary to make substantial progress on the project study. (b) Project review process (1) In general The Secretary shall develop and implement a coordinated environmental review process for the development of project studies. (2) Coordinated review The coordinated environmental review process described in paragraph (1) shall require that any review, analysis, opinion, statement, permit, license, or other approval or decision issued or made by a Federal, State, or local governmental agency or an Indian tribe for a project study described in subsection (b) be conducted, to the maximum extent practicable, concurrently with any other applicable governmental agency or Indian tribe. (3) Timing The coordinated environmental review process under this subsection shall be completed not later than the date on which the Secretary, in consultation and concurrence with the agencies identified under section 1105(d), establishes with respect to the project study. (c) Lead agencies (1) Joint lead agencies (A) In general Subject to the requirements of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) and the requirements of section 1506.8 of title 40, Code of Federal Regulations (or successor regulations), including the concurrence of the proposed joint lead agency, a project sponsor may serve as the joint lead agency. (B) Project sponsor as joint lead agency A project sponsor that is a State or local governmental entity may— (i) with the concurrence of the Secretary, serve as a joint lead agency with the Federal lead agency for purposes of preparing any environmental document under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ); and (ii) prepare any environmental review process document under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) required in support of any action or approval by the Secretary if— (I) the Secretary provides guidance in the preparation process and independently evaluates that document; (II) the project sponsor complies with all requirements applicable to the Secretary under— (aa) the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ); (bb) any regulation implementing that Act; and (cc) any other applicable Federal law; and (III) the Secretary approves and adopts the document before the Secretary takes any subsequent action or makes any approval based on that document, regardless of whether the action or approval of the Secretary results in Federal funding. (2) Duties The Secretary shall ensure that— (A) the project sponsor complies with all design and mitigation commitments made jointly by the Secretary and the project sponsor in any environmental document prepared by the project sponsor in accordance with this subsection; and (B) any environmental document prepared by the project sponsor is appropriately supplemented to address any changes to the project the Secretary determines are necessary. (3) Adoption and use of documents Any environmental document prepared in accordance with this subsection shall be adopted and used by any Federal agency making any determination related to the project study to the same extent that the Federal agency could adopt or use a document prepared by another Federal agency under— (A) the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ); and (B) parts 1500 through 1508 of title 40, Code of Federal Regulations (or successor regulations). (4) Roles and responsibility of lead agency With respect to the environmental review process for any project study, the Federal lead agency shall have authority and responsibility— (A) to take such actions as are necessary and proper and within the authority of the Federal lead agency to facilitate the expeditious resolution of the environmental review process for the project study; and (B) to prepare or ensure that any required environmental impact statement or other environmental review document for a project study required to be completed under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) is completed in accordance with this section and applicable Federal law. (d) Participating and cooperating agencies (1) Identification of jurisdictional agencies With respect to carrying out the environmental review process for a project study, the Secretary shall identify, as early as practicable in the environmental review process, all Federal, State, and local government agencies and Indian tribes that may— (A) have jurisdiction over the project; (B) be required by law to conduct or issue a review, analysis, opinion, or statement for the project study; or (C) be required to make a determination on issuing a permit, license, or other approval or decision for the project study. (2) State authority If the environmental review process is being implemented by the Secretary for a project study within the boundaries of a State, the State, consistent with State law, may choose to participate in the process and to make subject to the process all State agencies that— (A) have jurisdiction over the project; (B) are required to conduct or issue a review, analysis, opinion, or statement for the project study; or (C) are required to make a determination on issuing a permit, license, or other approval or decision for the project study. (3) Invitation (A) In general The Federal lead agency shall invite, as early as practicable in the environmental review process, any agency identified under paragraph (1) to become a participating or cooperating agency, as applicable, in the environmental review process for the project study. (B) Deadline An invitation to participate issued under subparagraph (A) shall set a deadline by which a response to the invitation shall be submitted, which may be extended by the Federal lead agency for good cause. (4) Procedures Section 1501.6 of title 40, Code of Federal Regulations (as in effect on the date of enactment of the Bureau of Reclamation Project Streamlining Act) shall govern the identification and the participation of a cooperating agency. (5) Federal cooperating agencies Any Federal agency that is invited by the Federal lead agency to participate in the environmental review process for a project study shall be designated as a cooperating agency by the Federal lead agency unless the invited agency informs the Federal lead agency, in writing, by the deadline specified in the invitation that the invited agency— (A) (i) has no jurisdiction or authority with respect to the project; (ii) has no expertise or information relevant to the project; or (iii) does not have adequate funds to participate in the project; and (B) does not intend to submit comments on the project. (6) Administration A participating or cooperating agency shall comply with this section and any schedule established under this section. (7) Effect of designation Designation as a participating or cooperating agency under this subsection shall not imply that the participating or cooperating agency— (A) supports a proposed project; or (B) has any jurisdiction over, or special expertise with respect to evaluation of, the project. (8) Concurrent reviews Each participating or cooperating agency shall— (A) carry out the obligations of that agency under other applicable law concurrently and in conjunction with the required environmental review process, unless doing so would prevent the participating or cooperating agency from conducting needed analysis or otherwise carrying out those obligations; and (B) formulate and implement administrative, policy, and procedural mechanisms to enable the agency to ensure completion of the environmental review process in a timely, coordinated, and environmentally responsible manner. (e) Non-Federal projects integrated into reclamation systems The Federal lead agency shall serve in that capacity for the entirety of all non-Federal projects that will be integrated into a larger system owned, operated or administered in whole or in part by the Bureau of Reclamation. (f) Non-Federal project If the Secretary determines that a project can be expedited by a non-Federal sponsor and that there is a demonstrable Federal interest in expediting that project, the Secretary shall take such actions as are necessary to advance such a project as a non-Federal project, including, but not limited to, entering into agreements with the non-Federal sponsor of such project to support the planning, design and permitting of such project as a non-Federal project. (g) Programmatic compliance (1) In general The Secretary shall issue guidance regarding the use of programmatic approaches to carry out the environmental review process that— (A) eliminates repetitive discussions of the same issues; (B) focuses on the actual issues ripe for analyses at each level of review; (C) establishes a formal process for coordinating with participating and cooperating agencies, including the creation of a list of all data that are needed to carry out an environmental review process; and (D) complies with— (i) the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ); and (ii) all other applicable laws. (2) Requirements In carrying out paragraph (1), the Secretary shall— (A) as the first step in drafting guidance under that paragraph, consult with relevant Federal, State, and local governmental agencies, Indian tribes, and the public on the appropriate use and scope of the programmatic approaches; (B) emphasize the importance of collaboration among relevant Federal, State, and local governmental agencies, and Indian tribes in undertaking programmatic reviews, especially with respect to including reviews with a broad geographical scope; (C) ensure that the programmatic reviews— (i) promote transparency, including of the analyses and data used in the environmental review process, the treatment of any deferred issues raised by Federal, State, and local governmental agencies, Indian tribes, or the public, and the temporal and special scales to be used to analyze those issues; (ii) use accurate and timely information in the environmental review process, including— (I) criteria for determining the general duration of the usefulness of the review; and (II) the timeline for updating any out-of-date review; (iii) describe— (I) the relationship between programmatic analysis and future tiered analysis; and (II) the role of the public in the creation of future tiered analysis; and (iv) are available to other relevant Federal, State, and local governmental agencies, Indian tribes, and the public; (D) allow not fewer than 60 days of public notice and comment on any proposed guidance; and (E) address any comments received under subparagraph (D). (h) Coordinated reviews (1) Coordination plan (A) Establishment The Federal lead agency shall, after consultation with and with the concurrence of each participating and cooperating agency and the project sponsor or joint lead agency, as applicable, establish a plan for coordinating public and agency participation in, and comment on, the environmental review process for a project study or a category of project studies. (B) Schedule (i) In general As soon as practicable but not later than 45 days after the close of the public comment period on a draft environmental impact statement, the Federal lead agency, after consultation with and the concurrence of each participating and cooperating agency and the project sponsor or joint lead agency, as applicable, shall establish, as part of the coordination plan established in subparagraph (A), a schedule for completion of the environmental review process for the project study. (ii) Factors for consideration In establishing a schedule, the Secretary shall consider factors such as— (I) the responsibilities of participating and cooperating agencies under applicable laws; (II) the resources available to the project sponsor, joint lead agency, and other relevant Federal and State agencies, as applicable; (III) the overall size and complexity of the project; (IV) the overall schedule for and cost of the project; and (V) the sensitivity of the natural and historical resources that could be affected by the project. (iii) Modifications The Secretary may— (I) lengthen a schedule established under clause (i) for good cause; and (II) shorten a schedule only with concurrence of the affected participating and cooperating agencies and the project sponsor or joint lead agency, as applicable. (iv) Dissemination A copy of a schedule established under clause (i) shall be— (I) provided to each participating and cooperating agency and the project sponsor or joint lead agency, as applicable; and (II) made available to the public. (2) Comment deadlines The Federal lead agency shall establish the following deadlines for comment during the environmental review process for a project study: (A) Draft environmental impact statements For comments by Federal and State agencies and the public on a draft environmental impact statement, a period of not more than 60 days after publication in the Federal Register of notice of the date of public availability of the draft environmental impact statement, unless— (i) a different deadline is established by agreement of the Federal lead agency, the project sponsor or joint lead agency, as applicable, and all participating and cooperating agencies; or (ii) the deadline is extended by the Federal lead agency for good cause. (B) Other environmental review processes For all other comment periods established by the Federal lead agency for agency or public comments in the environmental review process, a period of not more than 30 days after the date on which the materials on which comment is requested are made available, unless— (i) a different deadline is established by agreement of the Federal lead agency, the project sponsor, or joint lead agency, as applicable, and all participating and cooperating agencies; or (ii) the deadline is extended by the Federal lead agency for good cause. (3) Deadlines for decisions under other laws In any case in which a decision under any Federal law relating to a project study, including the issuance or denial of a permit or license, is required to be made by the date described in subsection (i)(5)(B), 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) as soon as practicable after the 180-day period described in subsection (i)(5)(B), an initial notice of the failure of the Federal agency to make the decision; and (B) every 60 days thereafter until such date as all decisions of the Federal agency relating to the project study have been made by the Federal agency, an additional notice that describes the number of decisions of the Federal agency that remain outstanding as of the date of the additional notice. (4) Involvement of the public Nothing in this subsection reduces any time period provided for public comment in the environmental review process under applicable Federal law (including regulations). (5) Transparency reporting (A) Reporting requirements Not later than 1 year after the date of enactment of this Act, the Secretary shall establish and maintain an electronic database and, in coordination with other Federal and State agencies, issue reporting requirements to make publicly available the status and progress with respect to compliance with applicable requirements of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) and any other Federal, State, or local approval or action required for a project study for which this section is applicable. (B) Project study transparency Consistent with the requirements established under subparagraph (A), the Secretary shall make publicly available the status and progress of any Federal, State, or local decision, action, or approval required under applicable laws for each project study for which this section is applicable. (i) Issue identification and resolution (1) Cooperation The Federal lead agency, the cooperating agencies, and any participating agencies shall work cooperatively in accordance with this section to identify and resolve issues that could delay completion of the environmental review process or result in the denial of any approval required for the project study under applicable laws. (2) Federal lead agency responsibilities (A) In general The Federal lead agency shall make information available to the cooperating agencies and participating agencies as early as practicable in the environmental review process regarding the environmental and socioeconomic resources located within the project area and the general locations of the alternatives under consideration. (B) Data sources The information under subparagraph (A) may be based on existing data sources, including geographic information systems mapping. (3) Cooperating and participating agency responsibilities Based on information received from the Federal lead agency, cooperating and participating agencies shall identify, as early as practicable, any issues of concern regarding the potential environmental or socioeconomic impacts of the project, including any issues that could substantially delay or prevent an agency from granting a permit or other approval that is needed for the project study. (4) Accelerated issue resolution and elevation (A) In general On the request of a participating or cooperating agency or project sponsor, the Secretary shall convene an issue resolution meeting with the relevant participating and cooperating agencies and the project sponsor or joint lead agency, as applicable, to resolve issues that may— (i) delay completion of the environmental review process; or (ii) result in denial of any approval required for the project study under applicable laws. (B) Meeting date A meeting requested under this paragraph shall be held not later than 21 days after the date on which the Secretary receives the request for the meeting, unless the Secretary determines that there is good cause to extend that deadline. (C) Notification On receipt of a request for a meeting under this paragraph, the Secretary shall notify all relevant participating and cooperating agencies of the request, including the issue to be resolved and the date for the meeting. (D) Elevation of issue resolution If a resolution cannot be achieved within the 30-day period beginning on the date of a meeting under this paragraph and a determination is made by the Secretary that all information necessary to resolve the issue has been obtained, the Secretary shall forward the dispute to the heads of the relevant agencies for resolution. (E) Convention by secretary The Secretary may convene an issue resolution meeting under this paragraph at any time, at the discretion of the Secretary, regardless of whether a meeting is requested under subparagraph (A). (5) Financial penalty provisions (A) In general A Federal jurisdictional agency shall complete any required approval or decision for the environmental review process on an expeditious basis using the shortest existing applicable process. (B) Failure to decide (i) In general (I) Transfer of funds If a Federal jurisdictional agency fails to render a decision required under any Federal law relating to a project study that requires the preparation of an environmental impact statement or environmental assessment, including the issuance or denial of a permit, license, statement, opinion, or other approval by the date described in clause (ii), the amount of funds made available to support the office of the head of the Federal jurisdictional agency shall be reduced by an amount of funding equal to the amount specified in item (aa) or (bb) of subclause (II), and those funds shall be made available to the division of the Federal jurisdictional agency charged with rendering the decision by not later than 1 day after the applicable date under clause (ii), and once each week thereafter until a final decision is rendered, subject to subparagraph (C). (II) Amount to be transferred The amount referred to in subclause (I) is— (aa) $20,000 for any project study requiring the preparation of an environmental assessment or environmental impact statement; or (bb) $10,000 for any project study requiring any type of review under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) other than an environmental assessment or environmental impact statement. (ii) Description of date The date referred to in clause (i) is the later of— (I) the date that is 180 days after the date on which an application for the permit, license, or approval is complete; and (II) the date that is 180 days after the date on which the Federal lead agency issues a decision on the project under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ). (C) Limitations (i) In general No transfer of funds under subparagraph (B) relating to an individual project study shall exceed, in any fiscal year, an amount equal to 1 percent of the funds made available for the applicable agency office. (ii) Failure to decide The total amount transferred in a fiscal year as a result of a failure by an agency to make a decision by an applicable deadline shall not exceed an amount equal to 5 percent of the funds made available for the applicable agency office for that fiscal year. (iii) Aggregate Notwithstanding any other provision of law, for each fiscal year, the aggregate amount of financial penalties assessed against each applicable agency office under this Act and any other Federal law as a result of a failure of the agency to make a decision by an applicable deadline for environmental review, including the total amount transferred under this paragraph, shall not exceed an amount equal to 9.5 percent of the funds made available for the agency office for that fiscal year. (D) Notification of transfers Not later than 10 days after the last date in a fiscal year on which funds of the Federal jurisdictional agency may be transferred under subparagraph (B)(5) with respect to an individual decision, the agency shall submit to the appropriate committees of the House of Representatives and the Senate written notification that includes a description of— (i) the decision; (ii) the project study involved; (iii) the amount of each transfer under subparagraph (B) in that fiscal year relating to the decision; (iv) the total amount of all transfers under subparagraph (B) in that fiscal year relating to the decision; and (v) the total amount of all transfers of the agency under subparagraph (B) in that fiscal year. (E) No fault of agency (i) In general A transfer of funds under this paragraph shall not be made if the applicable agency described in subparagraph (A) notifies, with a supporting explanation, the Federal lead agency, cooperating agencies, and project sponsor, as applicable, that— (I) the agency has not received necessary information or approvals from another entity in a manner that affects the ability of the agency to meet any requirements under Federal, State, or local law; (II) significant new information, including from public comments, or circumstances, including a major modification to an aspect of the project, requires additional analysis for the agency to make a decision on the project application; or (III) the agency lacks the financial resources to complete the review under the scheduled timeframe, including a description of the number of full-time employees required to complete the review, the amount of funding required to complete the review, and a justification as to why not enough funding is available to complete the review by the deadline. (ii) Lack of financial resources If the agency provides notice under clause (i)(III), the Inspector General of the agency shall— (I) conduct a financial audit to review the notice; and (II) not later than 90 days after the date on which the review described in subclause (I) is completed, submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate the results of the audit conducted under subclause (I). (F) Limitation The Federal agency from which funds are transferred pursuant to this paragraph shall not reprogram funds to the office of the head of the agency, or equivalent office, to reimburse that office for the loss of the funds. (G) Effect of paragraph Nothing in this paragraph affects or limits the application of, or obligation to comply with, any Federal, State, local, or tribal law. (j) Memorandum of agreements for early coordination (1) Sense of congress It is the sense of Congress that— (A) the Secretary and other Federal agencies with relevant jurisdiction in the environmental review process should cooperate with each other, State and local agencies, and Indian tribes on environmental review and Bureau of Reclamation project delivery activities at the earliest practicable time to avoid delays and duplication of effort later in the process, prevent potential conflicts, and ensure that planning and project development decisions reflect environmental values; and (B) the cooperation referred to in subparagraph (A) should include the development of policies and the designation of staff that advise planning agencies and project sponsors of studies or other information foreseeably required for later Federal action and early consultation with appropriate State and local agencies and Indian tribes. (2) Technical assistance If requested at any time by a State or project sponsor, the Secretary and other Federal agencies with relevant jurisdiction in the environmental review process, shall, to the maximum extent practicable and appropriate, as determined by the agencies, provide technical assistance to the State or project sponsor in carrying out early coordination activities. (3) Memorandum of agency agreement If requested at any time by a State or project sponsor, the Federal lead agency, in consultation with other Federal agencies with relevant jurisdiction in the environmental review process, may establish memoranda of agreement with the project sponsor, Indian tribes, State and local governments, and other appropriate entities to carry out the early coordination activities, including providing technical assistance in identifying potential impacts and mitigation issues in an integrated fashion. (k) Limitations Nothing in this section preempts or interferes with— (1) any obligation to comply with the provisions of any Federal law, including— (A) the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ); and (B) any other Federal environmental law; (2) the reviewability of any final Federal agency action in a court of the United States or in the court of any State; (3) any requirement for seeking, considering, or responding to public comment; or (4) any power, jurisdiction, responsibility, duty, or authority that a Federal, State, or local governmental agency, Indian tribe, or project sponsor has with respect to carrying out a project or any other provision of law applicable to projects. (l) Timing of claims (1) Timing (A) In general Notwithstanding any other provision of law, a claim arising under Federal law seeking judicial review of a permit, license, or other approval issued by a Federal agency for a project study shall be barred unless the claim is filed not later than 3 years after publication of a notice in the Federal Register announcing that the permit, license, or other approval is final pursuant to the law under which the agency action is taken, unless a shorter time is specified in the Federal law that allows judicial review. (B) Applicability Nothing in this subsection creates a right to judicial review or places any limit on filing a claim that a person has violated the terms of a permit, license, or other approval. (2) New information (A) In general The Secretary shall consider new information received after the close of a comment period if the information satisfies the requirements for a supplemental environmental impact statement under title 40, Code of Federal Regulations (including successor regulations). (B) Separate action The preparation of a supplemental environmental impact statement or other environmental document, if required under this section, shall be considered a separate final agency action and the deadline for filing a claim for judicial review of the action shall be 3 years after the date of publication of a notice in the Federal Register announcing the action relating to such supplemental environmental impact statement or other environmental document. (m) Categorical exclusions (1) In general Not later than 180 days after the date of enactment of this Act, the Secretary shall— (A) survey the use by the Bureau of Reclamation of categorical exclusions in projects since 2005; (B) publish a review of the survey that includes a description of— (i) the types of actions that were categorically excluded or could be the basis for developing a new categorical exclusion; and (ii) any requests previously received by the Secretary for new categorical exclusions; and (C) solicit requests from other Federal agencies and project sponsors for new categorical exclusions. (2) New categorical exclusions Not later than 1 year after the date of enactment of this Act, if the Secretary has identified a category of activities that merit establishing a categorical exclusion that did not exist on the day before the date of enactment this Act based on the review under paragraph (1), the Secretary shall publish a notice of proposed rulemaking to propose that new categorical exclusion, to the extent that the categorical exclusion meets the criteria for a categorical exclusion under section 1508.4 of title 40, Code of Federal Regulations (or successor regulation). (n) Review of project acceleration reforms (1) In general The Comptroller General of the United States shall— (A) assess the reforms carried out under this section; and (B) not later than 5 years and not later than 10 years after the date of enactment of this Act, 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 the results of the assessment. (2) Contents The reports under paragraph (1) shall include an evaluation of impacts of the reforms carried out under this section on— (A) project delivery; (B) compliance with environmental laws; and (C) the environmental impact of projects. (o) Performance measurement The Secretary shall establish a program to measure and report on progress made toward improving and expediting the planning and environmental review process. (p) Categorical exclusions in emergencies For the repair, reconstruction, or rehabilitation of a Bureau of Reclamation surface water storage project that is in operation or under construction when damaged by an event or incident that results in a declaration by the President of a major disaster or emergency pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 et seq. ), the Secretary shall treat such repair, reconstruction, or rehabilitation activity as a class of action categorically excluded from the requirements relating to environmental assessments or environmental impact statements under section 1508.4 of title 40, Code of Federal Regulations (or successor regulations), if the repair or reconstruction activity is— (1) in the same location with the same capacity, dimensions, and design as the original Bureau of Reclamation surface water storage project as before the declaration described in this section; and (2) commenced within a 2-year period beginning on the date of a declaration described in this subsection. 1106. Annual report to Congress (a) In general Not later than February 1 of each year, the Secretary shall develop and submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate an annual report, to be entitled Report to Congress on Future Water Project Development , that identifies the following: (1) Project reports Each project report that meets the criteria established in subsection (c)(1)(A). (2) Proposed project studies Any proposed project study submitted to the Secretary by a non-Federal interest pursuant to subsection (b) that meets the criteria established in subsection (c)(1)(A). (3) Proposed modifications Any proposed modification to an authorized water project or project study that meets the criteria established in subsection (c)(1)(A) that— (A) is submitted to the Secretary by a non-Federal interest pursuant to subsection (b); or (B) is identified by the Secretary for authorization. (4) Expedited completion of report and determinations Any project study that was expedited and any Secretarial determinations under section 1104. (b) Requests for proposals (1) Publication Not later than May 1 of each year, the Secretary shall publish in the Federal Register a notice requesting proposals from non-Federal interests for proposed project studies and proposed modifications to authorized projects and project studies to be included in the annual report. (2) Deadline for requests The Secretary shall include in each notice required by this subsection a requirement that non-Federal interests submit to the Secretary any proposals described in paragraph (1) by not later than 120 days after the date of publication of the notice in the Federal Register in order for the proposals to be considered for inclusion in the annual report. (3) Notification On the date of publication of each notice required by this subsection, the Secretary shall— (A) make the notice publicly available, including on the Internet; and (B) provide written notification of the publication to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate. (c) Contents (1) Project reports, proposed project studies, and proposed modifications (A) Criteria for inclusion in report The Secretary shall include in the annual report only those project reports, proposed project studies, and proposed modifications to authorized projects and project studies that— (i) are related to the missions and authorities of the Bureau of Reclamation; (ii) require specific congressional authorization, including by an Act of Congress; (iii) have not been congressionally authorized; (iv) have not been included in any previous annual report; and (v) if authorized, could be carried out by the Bureau of Reclamation. (B) Description of benefits (i) Description The Secretary shall describe in the annual report, to the extent applicable and practicable, for each proposed project study and proposed modification to an authorized water resources development project or project study included in the annual report, the benefits, as described in clause (ii), of each such study or proposed modification. (ii) Benefits The benefits (or expected benefits, in the case of a proposed project study) described in this clause are benefits to— (I) the protection of human life and property; (II) improvement to domestic irrigated water and power supplies; (III) the national economy; (IV) the environment; or (V) the national security interests of the United States. (C) Identification of other factors The Secretary shall identify in the annual report, to the extent practicable— (i) for each proposed project study included in the annual report, the non-Federal interest that submitted the proposed project study pursuant to subsection (b); and (ii) for each proposed project study and proposed modification to a project or project study included in the annual report, whether the non-Federal interest has demonstrated— (I) that local support exists for the proposed project study or proposed modification to an authorized project or project study (including the surface water storage development project that is the subject of the proposed feasibility study or the proposed modification to an authorized project study); and (II) the financial ability to provide the required non-Federal cost share. (2) Transparency The Secretary shall include in the annual report, for each project report, proposed project study, and proposed modification to a project or project study included under paragraph (1)(A)— (A) the name of the associated non-Federal interest, including the name of any non-Federal interest that has contributed, or is expected to contribute, a non-Federal share of the cost of— (i) the project report; (ii) the proposed project study; (iii) the authorized project study for which the modification is proposed; or (iv) construction of— (I) the project that is the subject of— (aa) the water report; (bb) the proposed project study; or (cc) the authorized project study for which a modification is proposed; or (II) the proposed modification to a project; (B) a letter or statement of support for the water report, proposed project study, or proposed modification to a project or project study from each associated non-Federal interest; (C) the purpose of the feasibility report, proposed feasibility study, or proposed modification to a project or project study; (D) an estimate, to the extent practicable, of the Federal, non-Federal, and total costs of— (i) the proposed modification to an authorized project study; and (ii) construction of— (I) the project that is the subject of— (aa) the project report; or (bb) the authorized project study for which a modification is proposed, with respect to the change in costs resulting from such modification; or (II) the proposed modification to an authorized project; and (E) an estimate, to the extent practicable, of the monetary and nonmonetary benefits of— (i) the project that is the subject of— (I) the project report; or (II) the authorized project study for which a modification is proposed, with respect to the benefits of such modification; or (ii) the proposed modification to an authorized project. (3) Certification The Secretary shall include in the annual report a certification stating that each feasibility report, proposed feasibility study, and proposed modification to a project or project study included in the annual report meets the criteria established in paragraph (1)(A). (4) Appendix The Secretary shall include in the annual report an appendix listing the proposals submitted under subsection (b) that were not included in the annual report under paragraph (1)(A) and a description of why the Secretary determined that those proposals did not meet the criteria for inclusion under such paragraph. (d) Special rule for initial annual report Notwithstanding any other deadlines required by this section, the Secretary shall— (1) not later than 60 days after the date of enactment of this Act, publish in the Federal Register a notice required by subsection (b)(1); and (2) include in such notice a requirement that non-Federal interests submit to the Secretary any proposals described in subsection (b)(1) by not later than 120 days after the date of publication of such notice in the Federal Register in order for such proposals to be considered for inclusion in the first annual report developed by the Secretary under this section. (e) Publication Upon submission of an annual report to Congress, the Secretary shall make the annual report publicly available, including through publication on the Internet. (f) Definition In this section, the term project report means a final feasibility report developed under the Reclamation Act of 1902 (32 Stat. 388), and all Acts amendatory thereof or supplementary thereto. I Accelerated Revenue, Repayment, and Surface Water Storage Enhancement 1111. Short title This subtitle may be cited as the Accelerated Revenue, Repayment, and Surface Water Storage Enhancement Act . 1112. Prepayment of certain repayment contracts between the United States and contractors of federally developed water supplies (a) Conversion and prepayment of contracts (1) Conversion Upon request of the contractor, the Secretary of the Interior shall convert any water service contract in effect on the date of enactment of this Act and between the United States and a water users’ association to allow for prepayment of the repayment contract pursuant to paragraph (2) under mutually agreeable terms and conditions. The manner of conversion under this paragraph shall be as follows: (A) Water service contracts that were entered into under section 9(e) of the Act of August 4, 1939 (53 Stat. 1196), to be converted under this section shall be converted to repayment contracts under section 9(d) of that Act (53 Stat. 1195). (B) Water service contracts that were entered under subsection (c)(2) of section 9 of the Act of August 4, 1939 (53 Stat. 1194), to be converted under this section shall be converted to a contract under subsection (c)(1) of section 9 of that Act (53 Stat. 1195). (2) Prepayment Except for those repayment contracts under which the contractor has previously negotiated for prepayment, all repayment contracts under section 9(d) of that Act (53 Stat. 1195) in effect on the date of enactment of this Act at the request of the contractor, and all contracts converted pursuant to paragraph (1)(A) shall— (A) provide for the repayment, either in lump sum or by accelerated prepayment, of the remaining construction costs identified in water project specific irrigation rate repayment schedules, as adjusted to reflect payment not reflected in such schedule, and properly assignable for ultimate return by the contractor, or if made in approximately equal installments, no later than 3 years after the effective date of the repayment contract, such amount to be discounted by ½ the Treasury rate. An estimate of the remaining construction costs, as adjusted, shall be provided by the Secretary to the contractor no later than 90 days following receipt of request of the contractor; (B) require that construction costs or other capitalized costs incurred after the effective date of the contract or not reflected in the rate schedule referenced in subparagraph (A), and properly assignable to such contractor shall be repaid in not more than 5 years after notification of the allocation if such amount is a result of a collective annual allocation of capital costs to the contractors exercising contract conversation under this subsection of less than $5,000,000. If such amount is $5,000,000 or greater, such cost shall be repaid as provided by applicable reclamation law; (C) provide that power revenues will not be available to aid in repayment of construction costs allocated to irrigation under the contract; and (D) continue so long as the contractor pays applicable charges, consistent with section 9(d) of the Act of August 4, 1939 (53 Stat. 1195), and applicable law. (3) Contract requirements Except for those repayment contracts under which the contractor has previously negotiated for prepayment, the following shall apply with regard to all repayment contracts under subsection (c)(1) of section 9 of that Act (53 Stat. 1195) in effect on the date of enactment of this Act at the request of the contractor, and all contracts converted pursuant to paragraph (1)(B): (A) Provide for the repayment in lump sum of the remaining construction costs identified in water project specific municipal and industrial rate repayment schedules, as adjusted to reflect payments not reflected in such schedule, and properly assignable for ultimate return by the contractor. An estimate of the remaining construction costs, as adjusted, shall be provided by the Secretary to the contractor no later than 90 days after receipt of request of contractor. (B) The contract shall require that construction costs or other capitalized costs incurred after the effective date of the contract or not reflected in the rate schedule referenced in subparagraph (A), and properly assignable to such contractor, shall be repaid in not more than 5 years after notification of the allocation if such amount is a result of a collective annual allocation of capital costs to the contractors exercising contract conversation under this subsection of less than $5,000,000. If such amount is $5,000,000 or greater, such cost shall be repaid as provided by applicable reclamation law. (C) Continue so long as the contractor pays applicable charges, consistent with section 9(c)(1) of the Act of August 4, 1939 (53 Stat. 1195), and applicable law. (4) Conditions All contracts entered into pursuant to paragraphs (1), (2), and (3) shall— (A) not be adjusted on the basis of the type of prepayment financing used by the water users’ association; (B) conform to any other agreements, such as applicable settlement agreements and new constructed appurtenant facilities; and (C) not modify other water service, repayment, exchange and transfer contractual rights between the water users’ association, and the Bureau of Reclamation, or any rights, obligations, or relationships of the water users’ association and their landowners as provided under State law. (b) Accounting The amounts paid pursuant to subsection (a) shall be subject to adjustment following a final cost allocation by the Secretary of the Interior. In the event that the final cost allocation indicates that the costs properly assignable to the contractor are greater than what has been paid by the contractor, the contractor shall be obligated to pay the remaining allocated costs. The term of such additional repayment contract shall be not less than one year and not more than 10 years, however, mutually agreeable provisions regarding the rate of repayment of such amount may be developed by the parties. In the event that the final cost allocation indicates that the costs properly assignable to the contractor are less than what the contractor has paid, the Secretary shall credit such overpayment as an offset against any outstanding or future obligation of the contractor. (c) Applicability of certain provisions (1) Effect of existing law Upon a contractor’s compliance with and discharge of the obligation of repayment of the construction costs pursuant to a contract entered into pursuant to subsection (a)(2)(A), subsections (a) and (b) of section 213 of the Reclamation Reform Act of 1982 (96 Stat. 1269) shall apply to affected lands. (2) Effect of other obligations The obligation of a contractor to repay construction costs or other capitalized costs described in subsection (a)(2)(B), (a)(3)(B), or (b) shall not affect a contractor’s status as having repaid all of the construction costs assignable to the contractor or the applicability of subsections (a) and (b) of section 213 of the Reclamation Reform Act of 1982 (96 Stat. 1269) once the amount required to be paid by the contractor under the repayment contract entered into pursuant to subsection (a)(2)(A) have been paid. (d) Effect on existing law not altered Implementation of the provisions of this subtitle shall not alter— (1) the repayment obligation of any water service or repayment contractor receiving water from the same water project, or shift any costs that would otherwise have been properly assignable to the water users’ association identified in subsections (a)(1), (a)(2), and (a)(3) absent this section, including operation and maintenance costs, construction costs, or other capitalized costs incurred after the date of the enactment of this Act, or to other contractors; and (2) specific requirements for the disposition of amounts received as repayments by the Secretary under 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. ). (e) Surface water storage enhancement program (1) In general Except as provided in subsection (d)(2), three years following the date of enactment of this Act, 50 percent of receipts generated from prepayment of contracts under this section beyond amounts necessary to cover the amount of receipts forgone from scheduled payments under current law for the 10-year period following the date of enactment of this Act shall be directed to the Reclamation Surface Water Storage Account under paragraph (2). (2) Surface storage account The Secretary shall allocate amounts collected under paragraph (1) into the Reclamation Surface Storage Account to fund the construction of surface water storage. The Secretary may also enter into cooperative agreements with water users’ associations for the construction of surface water storage and amounts within the Surface Storage Account may be used to fund such construction. Surface water storage projects that are otherwise not federally authorized shall not be considered Federal facilities as a result of any amounts allocated from the Surface Storage Account for part or all of such facilities. (3) Repayment Amounts used for surface water storage construction from the Account shall be fully reimbursed to the Account consistent with the requirements under Federal reclamation law (the 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. ) except that all funds reimbursed shall be deposited in the Account established under paragraph (2). (4) Availability of amounts Amounts deposited in the Account under this subsection shall— (A) be made available in accordance with this section, subject to appropriation; and (B) be in addition to amounts appropriated for such purposes under any other provision of law. (5) Purposes of surface water storage Construction of surface water storage under this section shall be made for the following purposes: (A) Increased municipal and industrial water supply. (B) Agricultural floodwater, erosion, and sedimentation reduction. (C) Agricultural drainage improvements. (D) Agricultural irrigation. (E) Increased recreation opportunities. (F) Reduced adverse impacts to fish and wildlife from water storage or diversion projects within watersheds associated with water storage projects funded under this section. (G) Any other purposes consistent with reclamation laws or other Federal law. (f) Definitions For the purposes of this subtitle, the following definitions apply: (1) Account The term Account means the Reclamation Surface Water Storage Account established under subsection (e)(2). (2) Construction The term construction means the designing, materials engineering and testing, surveying, and building of surface water storage including additions to existing surface water storage and construction of new surface water storage facilities, exclusive of any Federal statutory or regulatory obligations relating to any permit, review, approval, or other such requirement. (3) Surface water storage The term surface water storage means any federally owned facility under the jurisdiction of the Bureau of Reclamation or any non-Federal facility used for the surface storage and supply of water resources. (4) Treasury rate The term Treasury rate means the 20-year Constant Maturity Treasury (CMT) rate published by the United States Department of the Treasury existing on the effective date of the contract. (5) Water users’ association The term water users’ association means— (A) an entity organized and recognized under State laws that is eligible to enter into contracts with reclamation to receive contract water for delivery to and users of the water and to pay applicable charges; and (B) includes a variety of entities with different names and differing functions, such as associations, conservatory district, irrigation district, municipality, and water project contract unit. J Safety of Dams 1121. Authorization of additional project benefits The Reclamation Safety of Dams Act of 1978 is amended— (1) in section 3, by striking Construction and inserting Except as provided in section 5B, construction ; and (2) by inserting after section 5A ( 43 U.S.C. 509 ) the following: 5B. Authorization of additional project benefits Notwithstanding section 3, if the Secretary determines that additional project benefits, including but not limited to additional conservation storage capacity, are feasible and not inconsistent with the purposes of this Act, the Secretary is authorized to develop additional project benefits through the construction of new or supplementary works on a project in conjunction with the Secretary’s activities under section 2 of this Act and subject to the conditions described in the feasibility study, provided— (1) the Secretary determines that developing additional project benefits through the construction of new or supplementary works on a project will promote more efficient management of water and water-related facilities; (2) the feasibility study pertaining to additional project benefits has been authorized pursuant to section 8 of the Federal Water Project Recreation Act of 1965 ( 16 U.S.C. 4601–18 ); and (3) the costs associated with developing the additional project benefits are agreed to in writing between the Secretary and project proponents and shall be allocated to the authorized purposes of the structure and repaid consistent with all provisions of Federal Reclamation law (the Act of June 17, 1902, 43 U.S.C. 371 et seq. ) and Acts supplemental to and amendatory of that Act. . K Water Rights Protection 1131. Short title This subtitle may be cited as the Water Rights Protection Act . 1132. Definition of water right In this subtitle, the term water right means any surface or groundwater right filed, permitted, certified, confirmed, decreed, adjudicated, or otherwise recognized by a judicial proceeding or by the State in which the user acquires possession of the water or puts the water to beneficial use, including water rights for federally recognized Indian tribes. 1133. Treatment of water rights The Secretary of the Interior and the Secretary of Agriculture shall not— (1) condition or withhold, in whole or in part, the issuance, renewal, amendment, or extension of any permit, approval, license, lease, allotment, easement, right-of-way, or other land use or occupancy agreement on— (A) limitation or encumbrance of any water right, or the transfer of any water right (including joint and sole ownership), directly or indirectly to the United States or any other designee; or (B) any other impairment of any water right, in whole or in part, granted or otherwise recognized under State law, by Federal or State adjudication, decree, or other judgment, or pursuant to any interstate water compact; (2) require any water user (including any federally recognized Indian tribe) to apply for or acquire a water right in the name of the United States under State law as a condition of the issuance, renewal, amendment, or extension of any permit, approval, license, lease, allotment, easement, right-of-way, or other land use or occupancy agreement; (3) assert jurisdiction over groundwater withdrawals or impacts on groundwater resources, unless jurisdiction is asserted, and any regulatory or policy actions taken pursuant to such assertion are, consistent with, and impose no greater restrictions or regulatory requirements than, applicable State laws (including regulations) and policies governing the protection and use of groundwater resources; or (4) infringe on the rights and obligations of a State in evaluating, allocating, and adjudicating the waters of the State originating on or under, or flowing from, land owned or managed by the Federal Government. 1134. Recognition of State authority (a) In general In carrying out section 1133, the Secretary of the Interior and the Secretary of Agriculture shall— (1) recognize the longstanding authority of the States relating to evaluating, protecting, allocating, regulating, and adjudicating groundwater by any means, including a rulemaking, permitting, directive, water court adjudication, resource management planning, regional authority, or other policy; and (2) coordinate with the States in the adoption and implementation by the Secretary of the Interior or the Secretary of Agriculture of any rulemaking, policy, directive, management plan, or other similar Federal action so as to ensure that such actions are consistent with, and impose no greater restrictions or regulatory requirements than, State groundwater laws and programs. (b) Effect on state water rights In carrying out this subtitle, the Secretary of the Interior and the Secretary of Agriculture shall not take any action that adversely affects— (1) any water rights granted by a State; (2) the authority of a State in adjudicating water rights; (3) definitions established by a State with respect to the term beneficial use , priority of water rights , or terms of use ; (4) terms and conditions of groundwater withdrawal, guidance and reporting procedures, and conservation and source protection measures established by a State; (5) the use of groundwater in accordance with State law; or (6) any other rights and obligations of a State established under State law. 1135. Effect of title (a) Effect on existing authority Nothing in this subtitle limits or expands any existing legally recognized authority of the Secretary of the Interior or the Secretary of Agriculture to issue, grant, or condition any permit, approval, license, lease, allotment, easement, right-of-way, or other land use or occupancy agreement on Federal land subject to the jurisdiction of the Secretary of the Interior or the Secretary of Agriculture, respectively. (b) Effect on reclamation contracts Nothing in this subtitle interferes with Bureau of Reclamation contracts entered into pursuant to the reclamation laws. (c) Effect on endangered species act Nothing in this subtitle affects the implementation of the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ). (d) Effect on federal reserved water rights Nothing in this subtitle limits or expands any existing or claimed reserved water rights of the Federal Government on land administered by the Secretary of the Interior or the Secretary of Agriculture. (e) Effect on federal power act Nothing in this subtitle limits or expands authorities under sections 4(e), 10(j), or 18 of the Federal Power Act ( 16 U.S.C. 797(e) , 803(j), 811). (f) Effect on Indian water rights Nothing in this subtitle limits or expands any water right or treaty right of any federally recognized Indian tribe. II Sportsmen’s Heritage and Recreational Enhancement Act 2001. Short title This title may be cited as the Sportsmen’s Heritage and Recreational Enhancement Act or the SHARE Act . 2002. Report on economic impact Not later than 12 months after the date of the enactment of this Act, the Secretary of Interior shall submit a report to Congress that assesses expected economic impacts of the Act. Such report shall include— (1) a review of any expected increases in recreational hunting, fishing, shooting, and conservation activities; (2) an estimate of any jobs created in each industry expected to support such activities described in paragraph (1), including in the supply, manufacturing, distribution, and retail sectors; (3) an estimate of wages related to jobs described in paragraph (2); and (4) an estimate of anticipated new local, State, and Federal revenue related to jobs described in paragraph (2). A Hunting, Fishing and Recreational Shooting Protection Act 2011. Short title This subtitle may be cited as the Hunting, Fishing, and Recreational Shooting Protection Act . 2012. Modification of definition Section 3(2)(B) of the Toxic Substances Control Act ( 15 U.S.C. 2602(2)(B) ) is amended— (1) in clause (v), by striking , and and inserting , or any component of any such article including, without limitation, shot, bullets and other projectiles, propellants, and primers, ; (2) in clause (vi) by striking the period at the end and inserting , and ; and (3) by inserting after clause (vi) the following: (vii) any sport fishing equipment (as such term is defined in subsection (a) of section 4162 of the Internal Revenue Code of 1986) the sale of which is subject to the tax imposed by section 4161(a) of such Code (determined without regard to any exemptions from such tax as provided by section 4162 or 4221 or any other provision of such Code), and sport fishing equipment components. . 2013. Limitation on authority to regulate ammunition and fishing tackle (a) Limitation Except as provided in section 20.21 of title 50, Code of Federal Regulations, as in effect on the date of the enactment of this Act, or any substantially similar successor regulation thereto, the Secretary of the Interior, the Secretary of Agriculture, and, except as provided by subsection (b), any bureau, service, or office of the Department of the Interior or the Department of Agriculture, may not regulate the use of ammunition cartridges, ammunition components, or fishing tackle based on the lead content thereof if such use is in compliance with the law of the State in which the use occurs. (b) Exception The limitation in subsection (a) shall not apply to the United States Fish and Wildlife Service or the National Park Service. B Target Practice and Marksmanship Training Support Act 2021. Short title This subtitle may be cited as the Target Practice and Marksmanship Training Support Act . 2022. Findings; purpose (a) Findings Congress finds that— (1) the use of firearms and archery equipment for target practice and marksmanship training activities on Federal land is allowed, except to the extent specific portions of that land have been closed to those activities; (2) in recent years preceding the date of enactment of this Act, portions of Federal land have been closed to target practice and marksmanship training for many reasons; (3) the availability of public target ranges on non-Federal land has been declining for a variety of reasons, including continued population growth and development near former ranges; (4) providing opportunities for target practice and marksmanship training at public target ranges on Federal and non-Federal land can help— (A) to promote enjoyment of shooting, recreational, and hunting activities; and (B) to ensure safe and convenient locations for those activities; (5) Federal law in effect on the date of enactment of this Act, including the Pittman-Robertson Wildlife Restoration Act ( 16 U.S.C. 669 et seq. ), provides Federal support for construction and expansion of public target ranges by making available to States amounts that may be used for construction, operation, and maintenance of public target ranges; and (6) it is in the public interest to provide increased Federal support to facilitate the construction or expansion of public target ranges. (b) Purpose The purpose of this subtitle 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. 2023. Definition of public target range In this subtitle, 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. 2024. Amendments to Pittman-Robertson Wildlife Restoration Act (a) Definitions Section 2 of the Pittman-Robertson Wildlife Restoration Act ( 16 U.S.C. 669a ) is amended— (1) by redesignating paragraphs (2) through (8) as paragraphs (3) through (9), respectively; and (2) 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; . (b) 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— (1) 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 ; (2) in paragraph (1) (as so designated), by striking construction, operation, and inserting operation ; (3) in the second sentence, by striking The non-Federal share and inserting the following: (3) Non-Federal share The non-Federal share ; (4) in the third sentence, by striking The Secretary and inserting the following: (4) Regulations The Secretary ; and (5) by inserting after paragraph (1) (as designated by paragraph (1) of this subsection) 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. . (c) 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— (1) 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. ; (2) 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 (3) in subsection (c)(1)— (A) by striking Amounts made and inserting the following: (A) In general Except as provided in subparagraph (B), amounts made ; and (B) 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. . 2025. Limits on liability (a) Discretionary function For purposes of chapter 171 of title 28, United States Code (commonly referred to as the Federal Tort Claims Act ), any action by an agent or employee of the United States to manage or allow the use of Federal land for purposes of target practice or marksmanship training by a member of the public shall be considered to be the exercise or performance of a discretionary function. (b) Civil action or claims Except to the extent provided in chapter 171 of title 28, United States Code, the United States shall not be subject to any civil action or claim for money damages for any injury to or loss of property, personal injury, or death caused by an activity occurring at a public target range that is— (1) funded in whole or in part by the Federal Government pursuant to the Pittman-Robertson Wildlife Restoration Act ( 16 U.S.C. 669 et seq. ); or (2) located on Federal land. 2026. Sense of Congress regarding cooperation It is the sense of Congress that, consistent with applicable laws and 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. C Polar Bear Conservation and Fairness Act 2031. Short title This subtitle may be cited as the Polar Bear Conservation and Fairness Act . 2032. Permits for importation of polar bear trophies taken in sport hunts in Canada Section 104(c)(5)(D) of the Marine Mammal Protection Act of 1972 ( 16 U.S.C. 1374(c)(5)(D) ) is amended to read as follows: (D) (i) The Secretary of the Interior shall, expeditiously after the expiration of the applicable 30-day period under subsection (d)(2), issue a permit for the importation of any polar bear part (other than an internal organ) from a polar bear taken in a sport hunt in Canada to any person— (I) who submits, with the permit application, proof that the polar bear was legally harvested by the person before February 18, 1997; or (II) who has submitted, in support of a permit application submitted before May 15, 2008, proof that the polar bear was legally harvested by the person before May 15, 2008, from a polar bear population from which a sport-hunted trophy could be imported before that date in accordance with section 18.30(i) of title 50, Code of Federal Regulations. (ii) The Secretary shall issue permits under clause (i)(I) without regard to subparagraphs (A) and (C)(ii) of this paragraph, subsection (d)(3), and sections 101 and 102. Sections 101(a)(3)(B) and 102(b)(3) shall not apply to the importation of any polar bear part authorized by a permit issued under clause (i)(I). This clause shall not apply to polar bear parts that were imported before June 12, 1997. (iii) The Secretary shall issue permits under clause (i)(II) without regard to subparagraph (C)(ii) of this paragraph or subsection (d)(3). Sections 101(a)(3)(B) and 102(b)(3) shall not apply to the importation of any polar bear part authorized by a permit issued under clause (i)(II). This clause shall not apply to polar bear parts that were imported before the date of enactment of the Polar Bear Conservation and Fairness Act . . D Recreational Lands Self-Defense Act 2041. Short title This subtitle may be cited as the Recreational Lands Self-Defense Act . 2042. Protecting Americans from violent crime (a) Findings Congress finds the following: (1) The Second Amendment to the Constitution provides that the right of the people to keep and bear Arms, shall not be infringed . (2) Section 327.13 of title 36, Code of Federal Regulations, provides that, except in special circumstances, possession of loaded firearms, ammunition, loaded projectile firing devices, bows and arrows, crossbows, or other weapons is prohibited at water resources development projects administered by the Secretary of the Army. (3) The regulations described in paragraph (2) prevent individuals complying with Federal and State laws from exercising the second amendment rights of the individuals while at such water resources development projects. (4) The Federal laws should make it clear that the second amendment rights of an individual at a water resources development project should not be infringed. (b) Protecting the right of individuals To bear arms at water resources development projects The Secretary of the Army shall not promulgate or enforce any regulation that prohibits an individual from possessing a firearm, including an assembled or functional firearm, at a water resources development project covered under section 327.0 of title 36, Code of Federal Regulations (as in effect on the date of enactment of this Act), if— (1) the individual is not otherwise prohibited by law from possessing the firearm; and (2) the possession of the firearm is in compliance with the law of the State in which the water resources development project is located. E Wildlife and Hunting Heritage Conservation Council Advisory Committee 2051. Wildlife and Hunting Heritage Conservation Council Advisory Committee The Fish and Wildlife Coordination Act ( 16 U.S.C. 661 et seq. ) is amended by adding at the end the following: 10. Wildlife and Hunting Heritage Conservation Council Advisory Committee (a) Establishment There is hereby established the Wildlife and Hunting Heritage Conservation Council Advisory Committee (in this section referred to as the Advisory Committee ) to advise the Secretaries of the Interior and Agriculture on wildlife and habitat conservation, hunting, and recreational shooting. (b) Continuance and abolishment of existing wildlife and hunting heritage conservation council The Wildlife and Hunting Heritage Conservation Council established pursuant to section 441 of the Revised Statutes ( 43 U.S.C. 1457 ), section 2 of the Fish and Wildlife Act of 1956 ( 16 U.S.C. 742a ), and other Acts applicable to specific bureaus of the Department of the Interior— (1) shall continue until the date of the first meeting of the Wildlife and Hunting Heritage Conservation Council established by the amendment made by subsection (a); and (2) is hereby abolished effective on that date. (c) Duties of the advisory committee The Advisory Committee shall advise the Secretaries with regard to— (1) implementation of Executive Order No. 13443: Facilitation of Hunting Heritage and Wildlife Conservation, which directs Federal agencies to facilitate the expansion and enhancement of hunting opportunities and the management of game species and their habitat ; (2) policies or programs to conserve and restore wetlands, agricultural lands, grasslands, forest, and rangeland habitats; (3) policies or programs to promote opportunities and access to hunting and shooting sports on Federal lands; (4) policies or programs to recruit and retain new hunters and shooters; (5) policies or programs that increase public awareness of the importance of wildlife conservation and the social and economic benefits of recreational hunting and shooting; and (6) policies or programs that encourage coordination among the public, the hunting and shooting sports community, wildlife conservation groups, and States, tribes, and the Federal Government. (d) Membership (1) Appointment (A) In general The Advisory Committee shall consist of no more than 16 discretionary members and 8 ex officio members. (B) Ex officio members The ex officio members are— (i) the Director of the United States Fish and Wildlife Service or a designated representative of the Director; (ii) the Director of the Bureau of Land Management or a designated representative of the Director; (iii) the Director of the National Park Service or a designated representative of the Director; (iv) the Chief of the Forest Service or a designated representative of the Chief; (v) the Chief of the Natural Resources Conservation Service or a designated representative of the Chief; (vi) the Administrator of the Farm Service Agency or a designated representative of the Administrator; (vii) the Executive Director of the Association of Fish and Wildlife Agencies; and (viii) the Administrator of the Small Business Administration or designated representative. (C) Discretionary members The discretionary members shall be appointed jointly by the Secretaries from at least one of each of the following: (i) State fish and wildlife agencies. (ii) Game bird hunting organizations. (iii) Wildlife conservation organizations. (iv) Big game hunting organizations. (v) Waterfowl hunting organizations. (vi) The tourism, outfitter, or guiding industry. (vii) The firearms or ammunition manufacturing industry. (viii) The hunting or shooting equipment retail industry. (ix) Tribal resource management organizations. (x) The agriculture industry. (xi) The ranching industry. (xii) Women’s hunting and fishing advocacy, outreach, or education organization. (xiii) Minority hunting and fishing advocacy, outreach, or education organization. (xiv) Veterans service organization. (D) Eligibility Prior to the appointment of the discretionary members, the Secretaries shall determine that all individuals nominated for appointment to the Advisory Committee, and the organization each individual represents, actively support and promote sustainable-use hunting, wildlife conservation, and recreational shooting. (2) Terms (A) In general Except as provided in subparagraph (B), members of the Advisory Committee shall be appointed for a term of 4 years. Members shall not be appointed for more than 3 consecutive or nonconsecutive terms. (B) Terms of initial appointees As designated by the Secretary at the time of appointment, of the members first appointed— (i) 6 members shall be appointed for a term of 4 years; (ii) 5 members shall be appointed for a term of 3 years; and (iii) 5 members shall be appointed for a term of 2 years. (3) Preservation of public advisory status No individual may be appointed as a discretionary member of the Advisory Committee while serving as an officer or employee of the Federal Government. (4) Vacancy and removal (A) In general Any vacancy on the Advisory Committee shall be filled in the manner in which the original appointment was made. (B) Removal Advisory Committee members shall serve at the discretion of the Secretaries and may be removed at any time for good cause. (5) Continuation of service Each appointed member may continue to serve after the expiration of the term of office to which such member was appointed until a successor has been appointed. (6) Chairperson The Chairperson of the Advisory Committee shall be appointed for a 3-year term by the Secretaries, jointly, from among the members of the Advisory Committee. An individual may not be appointed as Chairperson for more than 2 consecutive or nonconsecutive terms. (7) Pay and expenses Members of the Advisory Committee shall serve without pay for such service, but each member of the Advisory Committee may be reimbursed for travel and lodging incurred through attending meetings of the Advisory Committee approved subgroup meetings in the same amounts and under the same conditions as Federal employees (in accordance with section 5703 of title 5, United States Code). (8) Meetings (A) In general The Advisory Committee shall meet at the call of the Secretaries, the chairperson, or a majority of the members, but not less frequently than twice annually. (B) Open meetings Each meeting of the Advisory Committee shall be open to the public. (C) Prior notice of meetings Timely notice of each meeting of the Advisory Committee shall be published in the Federal Register and be submitted to trade publications and publications of general circulation. (D) Subgroups The Advisory Committee may establish such workgroups or subgroups as it deems necessary for the purpose of compiling information or conducting research. However, such workgroups may not conduct business without the direction of the Advisory Committee and must report in full to the Advisory Committee. (9) Quorum Nine members of the Advisory Committee shall constitute a quorum. (e) Expenses The expenses of the Advisory Committee that the Secretaries determine to be reasonable and appropriate shall be paid by the Secretaries. (f) Administrative support, technical services, and advice A designated Federal Officer shall be jointly appointed by the Secretaries to provide to the Advisory Committee the administrative support, technical services, and advice that the Secretaries determine to be reasonable and appropriate. (g) Annual report (1) Required Not later than September 30 of each year, the Advisory Committee shall submit a report to the Secretaries, the Committee on Natural Resources and the Committee on Agriculture of the House of Representatives, and the Committee on Energy and Natural Resources and the Committee on Agriculture, Nutrition, and Forestry of the Senate. If circumstances arise in which the Advisory Committee cannot meet the September 30 deadline in any year, the Secretaries shall advise the Chairpersons of each such Committee of the reasons for such delay and the date on which the submission of the report is anticipated. (2) Contents The report required by paragraph (1) shall describe— (A) the activities of the Advisory Committee during the preceding year; (B) the reports and recommendations made by the Advisory Committee to the Secretaries during the preceding year; and (C) an accounting of actions taken by the Secretaries as a result of the recommendations. (h) Federal advisory committee act The Advisory Committee shall be exempt from the Federal Advisory Committee Act (5 U.S.C. App.). . F Recreational Fishing and Hunting Heritage Opportunities Act 2061. Short title This subtitle may be cited as the Recreational Fishing and Hunting Heritage and Opportunities Act . 2062. Findings Congress finds that— (1) recreational fishing and hunting are important and traditional activities in which millions of Americans participate; (2) recreational anglers and hunters have been and continue to be among the foremost supporters of sound fish and wildlife management and conservation in the United States; (3) recreational fishing and hunting are environmentally acceptable and beneficial activities that occur and can be provided on Federal lands and waters without adverse effects on other uses or users; (4) recreational anglers, hunters, and sporting organizations provide direct assistance to fish and wildlife managers and enforcement officers of the Federal Government as well as State and local governments by investing volunteer time and effort to fish and wildlife conservation; (5) recreational anglers, hunters, and the associated industries have generated billions of dollars of critical funding for fish and wildlife conservation, research, and management by providing revenues from purchases of fishing and hunting licenses, permits, and stamps, as well as excise taxes on fishing, hunting, and recreational shooting equipment that have generated billions of dollars of critical funding for fish and wildlife conservation, research, and management; (6) recreational shooting is also an important and traditional activity in which millions of Americans participate; (7) safe recreational shooting is a valid use of Federal lands, including the establishment of safe and convenient recreational shooting ranges on such lands, and participation in recreational shooting helps recruit and retain hunters and contributes to wildlife conservation; (8) opportunities to recreationally fish, hunt, and shoot are declining, which depresses participation in these traditional activities, and depressed participation adversely impacts fish and wildlife conservation and funding for important conservation efforts; and (9) the public interest would be served, and our citizens’ fish and wildlife resources benefitted, by action to ensure that opportunities are facilitated to engage in fishing and hunting on Federal land as recognized by Executive Order No. 12962, relating to recreational fisheries, and Executive Order No. 13443, relating to facilitation of hunting heritage and wildlife conservation. 2063. Fishing, hunting, and recreational shooting (a) Definitions In this section: (1) Federal land The term Federal land means any land or water that is owned by the United States and under the administrative jurisdiction of the Bureau of Land Management or the Forest Service. (2) Federal land management officials The term Federal land management officials means— (A) the Secretary of the Interior and Director of the Bureau of Land Management regarding Bureau of Land Management lands and interests in lands under the administrative jurisdiction of the Bureau of Land Management; and (B) the Secretary of Agriculture and Chief of the Forest Service regarding National Forest System lands. (3) Hunting (A) In general Except as provided in subparagraph (B), the term hunting means use of a firearm, bow, or other authorized means in the lawful— (i) pursuit, shooting, capture, collection, trapping, or killing of wildlife; (ii) attempt to pursue, shoot, capture, collect, trap, or kill wildlife; or (iii) the training of hunting dogs, including field trials. (B) Exclusion The term hunting does not include the use of skilled volunteers to cull excess animals (as defined by other Federal law). (4) Recreational fishing The term recreational fishing means the lawful— (A) pursuit, capture, collection, or killing of fish; or (B) attempt to capture, collect, or kill fish. (5) Recreational shooting The term recreational shooting means any form of sport, training, competition, or pastime, whether formal or informal, that involves the discharge of a rifle, handgun, or shotgun, or the use of a bow and arrow. (b) In general Subject to valid existing rights and subsection (e), and cooperation with the respective State fish and wildlife agency, Federal land management officials shall exercise authority under existing law, including provisions regarding land use planning, to facilitate use of and access to Federal lands, including National Monuments, Wilderness Areas, Wilderness Study Areas, and lands administratively classified as wilderness eligible or suitable and primitive or semi-primitive areas, for fishing, hunting, and recreational shooting, except as limited by— (1) statutory authority that authorizes action or withholding action for reasons of national security, public safety, or resource conservation; (2) any other Federal statute that specifically precludes fishing, hunting, or recreational shooting on specific Federal lands, waters, or units thereof; and (3) discretionary limitations on fishing, hunting, and recreational shooting determined to be necessary and reasonable as supported by the best scientific evidence and advanced through a transparent public process. (c) Management Consistent with subsection (a), Federal land management officials shall exercise their land management discretion— (1) in a manner that supports and facilitates fishing, hunting, and recreational shooting opportunities; (2) to the extent authorized under applicable State law; and (3) in accordance with applicable Federal law. (d) Planning (1) Evaluation of effects on opportunities to engage in fishing, hunting, or recreational shooting Planning documents that apply to Federal lands, including land resources management plans, resource management plans, travel management plans, and general management plans shall include a specific evaluation of the effects of such plans on opportunities to engage in fishing, hunting, or recreational shooting. (2) Strategic Growth Policy for the National Wildlife Refuge System Section 4(a)(3) of the National Wildlife Refuge System Administration Act of 1966 ( 16 U.S.C. 668dd(a)(3) ) is amended— (A) by redesignating subparagraphs (C) and (D) as subparagraphs (D) and (E), respectively; and (B) by inserting after subparagraph (B), the following: (C) the Secretary shall integrate wildlife-dependent recreational uses in accordance with their status as priority general public uses into proposed or existing regulations, policies, criteria, plans, or other activities to alter or amend the manner in which individual refuges or the National Wildlife Refuge System (System) are managed, including, but not limited to, any activities which target or prioritize criteria for long and short term System acquisitions; . (3) No major federal action No action taken under this subtitle, or under section 4 of the National Wildlife Refuge System Administration Act of 1966 ( 16 U.S.C. 668dd ), either individually or cumulatively with other actions involving Federal lands or lands managed by the United States Fish and Wildlife Service, shall be considered to be a major Federal action significantly affecting the quality of the human environment, and no additional identification, analysis, or consideration of environmental effects, including cumulative effects, is necessary or required. (4) Other activity not considered Federal land management officials are not required to consider the existence or availability of fishing, hunting, or recreational shooting opportunities on adjacent or nearby public or private lands in the planning for or determination of which Federal lands are open for these activities or in the setting of levels of use for these activities on Federal lands, unless the combination or coordination of such opportunities would enhance the fishing, hunting, or recreational shooting opportunities available to the public. (e) Federal lands (1) Lands open Lands under the jurisdiction of the Bureau of Land Management and the Forest Service, including Wilderness Areas, Wilderness Study Areas, lands designated as wilderness or administratively classified as wilderness eligible or suitable and primitive or semi-primitive areas and National Monuments, but excluding lands on the Outer Continental Shelf, shall be open to fishing, hunting, and recreational shooting unless the managing Federal agency acts to close lands to such activity. Lands may be subject to closures or restrictions if determined by the head of the agency to be necessary and reasonable and supported by facts and evidence, for purposes including resource conservation, public safety, energy or mineral production, energy generation or transmission infrastructure, water supply facilities, protection of other permittees, protection of private property rights or interest, national security, or compliance with other law. (2) Recreational shooting ranges (A) In general The head of each Federal agency shall use his or her authorities in a manner consistent with this Act and other applicable law, to— (i) lease or permit use of lands under the jurisdiction of the agency for recreational shooting ranges; and (ii) designate specific lands under the jurisdiction of the agency for recreational shooting activities. (B) Limitation on liability Any designation under subparagraph (A)(ii) shall not subject the United States to any civil action or claim for monetary damages for injury or loss of property or personal injury or death caused by any activity occurring at or on such designated lands. (f) Necessity in wilderness areas and within and supplemental to wilderness purposes (1) Minimum requirements for administration The provision of opportunities for fishing, hunting, and recreational shooting, and the conservation of fish and wildlife to provide sustainable use recreational opportunities on designated Federal wilderness areas shall constitute measures necessary to meet the minimum requirements for the administration of the wilderness area, provided that this determination shall not authorize or facilitate commodity development, use, or extraction, motorized recreational access or use that is not otherwise allowed under the Wilderness Act ( 16 U.S.C. 1131 et seq. ), or permanent road construction or maintenance within designated wilderness areas. (2) Application of Wilderness Act Provisions of the Wilderness Act ( 16 U.S.C. 1131 et seq. ), stipulating that wilderness purposes are within and supplemental to the purposes of the underlying Federal land unit are reaffirmed. When seeking to carry out fish and wildlife conservation programs and projects or provide fish and wildlife dependent recreation opportunities on designated wilderness areas, each Federal land management official shall implement these supplemental purposes so as to facilitate, enhance, or both, but not to impede the underlying Federal land purposes when seeking to carry out fish and wildlife conservation programs and projects or provide fish and wildlife dependent recreation opportunities in designated wilderness areas, provided that such implementation shall not authorize or facilitate commodity development, use or extraction, or permanent road construction or maintenance within designated wilderness areas. (g) No priority Nothing in this section requires a Federal land management official to give preference to fishing, hunting, or recreational shooting over other uses of Federal land or over land or water management priorities established by Federal law. (h) Consultation with councils In fulfilling the duties under this section, Federal land management officials shall consult with respective advisory councils as established in Executive Order Nos. 12962 and 13443. (i) Authority of the States Nothing in this section shall be construed as interfering with, diminishing, or conflicting with the authority, jurisdiction, or responsibility of any State to exercise primary management, control, or regulation of fish and wildlife under State law (including regulations) on land or water within the State, including on Federal land. (j) Federal licenses Nothing in this section shall be construed to authorize a Federal land management official to require a license, fee, or permit to fish, hunt, or trap on land or water in a State, including on Federal land in the States, except that this subsection shall not affect the Migratory Bird Stamp requirement set forth in the Migratory Bird Hunting and Conservation Stamp Act ( 16 U.S.C. 718 et seq. ). 2064. Volunteer Hunters; Reports; Closures and Restrictions (a) Definitions For the purposes of this section: (1) Public land The term public land means— (A) units of the National Park System; (B) National Forest System lands; and (C) land and interests in land owned by the United States and under the administrative jurisdiction of— (i) the Fish and Wildlife Service; or (ii) the Bureau of Land Management. (2) Secretary The term Secretary means— (A) the Secretary of the Interior and includes the Director of the National Park Service, with regard to units of the National Park System; (B) the Secretary of the Interior and includes the Director of the Fish and Wildlife Service, with regard to Fish and Wildlife Service lands and waters; (C) the Secretary of the Interior and includes the Director of the Bureau of Land Management, with regard to Bureau of Land Management lands and waters; and (D) the Secretary of Agriculture and includes the Chief of the Forest Service, with regard to National Forest System lands. (3) Volunteer from the hunting community The term volunteer from the hunting community means a volunteer who holds a valid hunting license issued by a State. (b) Volunteer Hunters When planning wildlife management involving reducing the size of a wildlife population on public land, the Secretary shall consider the use of and may use volunteers from the hunting community as agents to assist in carrying out wildlife management on public land. The Secretary shall not reject the use of volunteers from the hunting community as agents without the concurrence of the appropriate State wildlife management authorities. (c) Report Beginning on the second October 1 after the date of the enactment of this Act and biennially on October 1 thereafter, 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) any public land administered by the Secretary that was closed to fishing, hunting, and recreational shooting at any time during the preceding year; and (2) the reason for the closure. (d) Closures or significant restrictions (1) In general Other than closures established or prescribed by land planning actions referred to in section 2064(e) or emergency closures described in paragraph (2), a permanent or temporary withdrawal, change of classification, or change of management status of public land that effectively closes or significantly restricts any acreage of public land to access or use for fishing, hunting, recreational shooting, or activities related to fishing, hunting, or recreational shooting, or a combination of those activities, shall take effect only if, before the date of withdrawal or change, the Secretary— (A) publishes appropriate notice of the withdrawal or change, respectively; (B) demonstrates that coordination has occurred with a State fish and wildlife agency; and (C) submits to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate written notice of the withdrawal or change, respectively. (2) Emergency closures Nothing in this Act prohibits the Secretary from establishing or implementing emergency closures or restrictions of the smallest practicable area to provide for public safety, resource conservation, national security, or other purposes authorized by law. Such an emergency closure shall terminate after a reasonable period of time unless converted to a permanent closure consistent with this Act. G Farmer and Hunter Protection Act 2071. Short title This subtitle may be cited as the Hunter and Farmer Protection Act . 2072. Baiting of migratory game birds Section 3 of the Migratory Bird Treaty Act ( 16 U.S.C. 704 ) is amended by striking subsection (b) and inserting the following: (b) Prohibition of baiting (1) Definitions In this subsection: (A) Baited area (i) In general The term baited area means— (I) any area on which salt, grain, or other feed has been placed, exposed, deposited, distributed, or scattered, if the salt, grain, or feed could lure or attract migratory game birds; and (II) in the case of waterfowl, cranes (family Gruidae), and coots (fam­i­ly Rallidae), a standing, un­har­vest­ed crop that has been manipulated through activities such as mowing, discing, or rolling, unless the activities are normal agricultural practices. (ii) Exclusions An area shall not be considered to be a baited area if the area— (I) has been treated with a normal agricultural practice; (II) has standing crops that have not been manipulated; or (III) has standing crops that have been or are flooded. (B) Baiting The term baiting means the direct or indirect placing, exposing, depositing, distributing, or scattering of salt, grain, or other feed that could lure or attract migratory game birds to, on, or over any areas on which a hunter is attempting to take migratory game birds. (C) Migratory game bird The term migratory game bird means migratory bird species— (i) that are within the taxonomic families of Anatidae, Columbidae, Gruidae, Rallidae, and Scolopacidae; and (ii) for which open seasons are prescribed by the Secretary of the Interior. (D) Normal agricultural practice (i) In general The term normal agricultural practice means any practice in 1 annual growing season that— (I) is carried out in order to produce a marketable crop, including planting, harvest, postharvest, or soil conservation practices; and (II) is recommended for the successful harvest of a given crop by the applicable State office of the Cooperative Extension System of the Department of Agriculture, in consultation with, and if requested, the concurrence of, the head of the applicable State department of fish and wildlife. (ii) Inclusions (I) In general Subject to subclause (II), the term normal agricultural practice includes the destruction of a crop in accordance with practices required by the Federal Crop Insurance Corporation for agricultural producers to obtain crop insurance under the Federal Crop Insurance Act ( 7 U.S.C. 1501 et seq. ) on land on which a crop during the current or immediately preceding crop year was not harvestable due to a natural disaster (including any hurricane, storm, tornado, flood, high water, wind-driven water, tidal wave, tsunami, earthquake, volcanic eruption, landslide, mudslide, drought, fire, snowstorm, or other catastrophe that is declared a major disaster by the President in accordance with section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5170 )). (II) Limitations The term normal agricultural practice only includes a crop described in subclause (I) that has been destroyed or manipulated through activities that include (but are not limited to) mowing, discing, or rolling if the Federal Crop Insurance Corporation certifies that flooding was not an acceptable method of destruction to obtain crop insurance under the Federal Crop Insurance Act ( 7 U.S.C. 1501 et seq. ). (E) Waterfowl The term waterfowl means native species of the family Anatidae. (2) Prohibition It shall be unlawful for any person— (A) to take any migratory game bird by baiting or on or over any baited area, if the person knows or reasonably should know that the area is a baited area; or (B) to place or direct the placement of bait on or adjacent to an area for the purpose of causing, inducing, or allowing any person to take or attempt to take any migratory game bird by baiting or on or over the baited area. (3) Regulations The Secretary of the Interior may promulgate regulations to implement this subsection. (4) Reports Annually, the Secretary of Agriculture shall submit to the Secretary of the Interior a report that describes any changes to normal agricultural practices across the range of crops grown by agricultural producers in each region of the United States in which the recommendations are provided to agricultural producers. . H Transporting Bows Across National Park Service Lands 2081. Short title This subtitle may be cited as the Hunter Access Corridors Act . 2082. Bowhunting opportunity and wildlife stewardship (a) In general Subchapter II of chapter 1015 of title 54, United States Code, is amended by adding at the end the following: 101513. Hunter access corridors (a) Definitions In this section: (1) Not ready for immediate use The term not ready for immediate use means— (A) a bow or crossbow, the arrows of which are secured or stowed in a quiver or other arrow transport case; and (B) with respect to a crossbow, uncocked. (2) Valid hunting license The term valid hunting license means a State-issued hunting license that authorizes an individual to hunt on private or public land adjacent to the System unit in which the individual is located while in possession of a bow or crossbow that is not ready for immediate use. (b) Transportation authorized (1) In general The Director shall not require a permit for, or 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 if— (A) in the case of an individual traversing the System unit on foot— (i) the individual is not otherwise prohibited by law from possessing the bows and crossbows; (ii) the bows or crossbows are not ready for immediate use throughout the period during which the bows or crossbows are transported across the System unit; (iii) the possession of the bows and crossbows is in compliance with the law of the State in which the System unit is located; and (iv) (I) the individual possesses a valid hunting license; (II) the individual is traversing the System unit en route to a hunting access corridor established under subsection (c)(1); or (III) the individual is traversing the System unit in compliance with any other applicable regulations or policies; or (B) the bows or crossbows are not ready for immediate use and remain inside a vehicle. (2) Enforcement Nothing in this subsection limits the authority of the Director to enforce laws (including regulations) prohibiting hunting or the taking of wildlife in any System unit. (c) Establishment of hunter access corridors (1) In general On a determination by the Director under paragraph (2), the Director may establish and publish (in accordance with section 1.5 of title 36, Code of Federal Regulations (or a successor regulation)), on a publicly available map, hunter access corridors across System units that are used to access public land that is— (A) contiguous to a System unit; and (B) open to hunting. (2) Determination by director The determination referred to in paragraph (1) is a determination that the hunter access corridor would provide wildlife management or visitor experience benefits within the boundary of the System unit in which the hunter access corridor is located. (3) Hunting season The hunter access corridors shall be open for use during hunting seasons. (4) Exception The Director may establish limited periods during which access through the hunter access corridors is closed for reasons of public safety, administration, or compliance with applicable law. Such closures shall be clearly marked with signs and dates of closures, and shall not include gates, chains, walls, or other barriers on the hunter access corridor. (5) Identification of corridors The Director shall— (A) make information regarding hunter access corridors available on the individual website of the applicable System unit; and (B) provide information regarding any processes established by the Director for transporting legally taken game through individual hunter access corridors. (6) Registration; transportation of game The Director may— (A) provide registration boxes to be located at the trailhead of each hunter access corridor for self-registration; (B) provide a process for online self-registration; and (C) allow nonmotorized conveyances to transport legally taken game through a hunter access corridor established under this subsection, including game carts and sleds. (7) Consultation with States The Director shall consult with each applicable State wildlife agency to identify appropriate hunter access corridors. (d) Effect Nothing in this section— (1) diminishes, enlarges, or modifies any Federal or State authority with respect to recreational hunting, recreational shooting, or any other recreational activities within the boundaries of a System unit; or (2) authorizes— (A) the establishment of new trails in System units; or (B) authorizes individuals to access areas in System units, on foot or otherwise, that are not open to such access. (e) No major Federal action (1) In general Any action taken under this section shall not be considered a major Federal action significantly affecting the quality of the human environment under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ). (2) No additional action required No additional identification, analyses, or consideration of environmental effects (including cumulative environmental effects) is necessary or required with respect to an action taken under this section. . (b) Clerical amendment The table of sections for title 54, United States Code, is amended by inserting after the item relating to section 101512 the following: 101513. Hunter access corridors. . I Federal Land Transaction Facilitation Act Reauthorization (FLTFA) 2091. Short title This subtitle may be cited as the Federal Land Transaction Facilitation Act Reauthorization . 2092. Federal Land Transaction Facilitation Act The Federal Land Transaction Facilitation Act is amended— (1) in section 203(1) ( 43 U.S.C. 2302(1) ), by striking cultural, or and inserting cultural, recreational access and use, or other ; (2) in section 203(2) in the matter preceding subparagraph (A), by striking on the date of enactment of this Act was and inserting is ; (3) in section 205 ( 43 U.S.C. 2304 )— (A) in subsection (a), by striking section 206 and all that follows through the period and inserting the following: “section 206— (1) to complete appraisals and satisfy other legal requirements for the sale or exchange of public land identified for disposal under approved land use plans under section 202 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1712 ); (2) not later than 180 days after the date of the enactment of the Federal Land Transaction Facilitation Act Reauthorization, to establish and make available to the public, on the website of the Department of the Interior, a database containing a comprehensive list of all the land referred to in paragraph (1); and (3) to maintain the database referred to in paragraph (2). ; and (B) in subsection (d), by striking 11 and inserting 22 ; (4) by amending section 206(c)(1) ( 43 U.S.C. 2305(c)(1) ) to read as follows: (1) Use of Funds (A) In general Funds in the Federal Land Disposal Account shall be expended, subject to appropriation, in accordance with this subsection. (B) Purposes Except as authorized under paragraph (2), funds in the Federal Land Disposal Account shall be used for one or more of the following purposes: (i) To purchase lands or interests therein that are otherwise authorized by law to be acquired and are one or more of the following: (I) Inholdings. (II) Adjacent to federally designated areas and contain exceptional resources. (III) Provide opportunities for hunting, recreational fishing, recreational shooting, and other recreational activities. (IV) Likely to aid in the performance of deferred maintenance or the reduction of operation and maintenance costs or other deferred costs. (ii) To perform deferred maintenance or other maintenance activities that enhance opportunities for recreational access. ; (5) in section 206(c)(2) ( 43 U.S.C. 2305(c)(2) )— (A) by striking subparagraph (A); (B) by redesignating subparagraphs (B), (C), and (D) as subparagraphs (A), (B), and (C), respectively; (C) in subparagraph (C) (as so redesignated by this paragraph)— (i) by striking purchases and inserting land purchases and performance of deferred maintenance activities ; (ii) by striking subparagraph (C) and inserting subparagraph (B) ; and (iii) by inserting for the activities outlined in paragraph (2) after generated ; and (D) by adding at the end the following: (D) Any funds made available under subparagraph (C) that are not obligated or expended by the end of the fourth full fiscal year after the date of the sale or exchange of land that generated the funds may be expended in any State. ; (6) in section 206(c)(3) ( 43 U.S.C. 2305(c)(3) )— (A) by inserting after subparagraph (A) the following: (B) the extent to which the acquisition of the land or interest therein will increase the public availability of resources for, and facilitate public access to, hunting, fishing, and other recreational activities; ; and (B) by redesignating subparagraphs (B) and (C) as subparagraphs (C) and (D); (7) in section 206(f) ( 43 U.S.C. 2305(f) ), by amending paragraph (2) to read as follows: (2) any remaining balance in the account shall be deposited in the Treasury and used for deficit reduction, except that in the case of a fiscal year for which there is no Federal budget deficit, such amounts shall be used to reduce the Federal debt (in such manner as the Secretary of the Treasury considers appropriate). ; and (8) 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). . J African Elephant Conservation and Legal Ivory Possession Act 2101. Short title This subtitle may be cited as the African Elephant Conservation and Legal Ivory Possession Act . 2102. References Except as otherwise specifically provided, whenever in this subtitle an amendment or repeal is expressed in terms of an amendment to, or repeal of, a provision, the reference shall be considered to be made to a provision of the African Elephant Conservation Act ( 16 U.S.C. 4201 et seq. ). 2103. Placement of United States Fish and Wildlife Service law enforcement officers in each African elephant range country Part I ( 16 U.S.C. 4211 et seq. ) is amended by adding at the end the following: 2105. Placement of United States Fish and Wildlife Service law enforcement officers in each African elephant range country The Secretary, in coordination with the Secretary of State, may station United States Fish and Wildlife Service law enforcement officers in the primary United States diplomatic or consular post in each African country that has a significant population of African elephants, who shall assist local wildlife rangers in the protection of African elephants and facilitate the apprehension of individuals who illegally kill, or assist the illegal killing of, African elephants. . 2104. Treatment of elephant ivory Section 2203 ( 16 U.S.C. 4223 ) is further amended by adding at the end the following: (c) Treatment of elephant ivory Nothing in this Act or the Endangered Species Act of 1973 ( 16 U.S.C. 1538 ) shall be construed— (1) to prohibit, or to authorize prohibiting, the possession, sale, delivery, receipt, shipment, or transportation of African elephant ivory, or any product containing African elephant ivory, that is in the United States because it has been lawfully imported or crafted in the United States; or (2) to authorize using any means of determining for purposes of this Act or the Endangered Species Act of 1973 whether African elephant ivory that is present in the United States has been lawfully imported, including any presumption or burden of proof applied in such determination, other than such means used by the Secretary as of February 24, 2014. . 2105. African Elephant Conservation Act financial assistance priority and reauthorization (a) Financial assistance priority Section 2101 ( 16 U.S.C. 4211 ) is amended by redesignating subsections (e) and (f) as subsections (f) and (g), respectively, and by inserting after subsection (d) the following: (e) Priority In providing financial assistance under this section, the Secretary shall give priority to projects designed to facilitate the acquisition of equipment and training of wildlife officials in ivory producing countries to be used in anti-poaching efforts. . (b) Reauthorization Section 2306(a) ( 16 U.S.C. 4245(a) ) is amended by striking 2007 through 2012 and inserting 2016 through 2020 . 2106. Government Accountability Office study Not later than 90 days after the date of the enactment of this Act, the Comptroller General of the United States shall conduct a study examining the effects of a ban of the trade in of fossilized ivory from mammoths and mastodons on the illegal importation and trade of African and Asian elephant ivory within the United States, with the exception of importation or trade thereof related to museum exhibitions or scientific research, and report to Congress the findings of such study. K Respect for Treaties and Rights 2111. Respect for Treaties and Rights Nothing in this Act or the amendments made by this Act shall be construed to affect or modify any treaty or other right of any federally recognized Indian tribe. L State Approval of Fishing Restriction 2131. State or Territorial Approval of Restriction of Recreational or Commercial Fishing Access to Certain State or Territorial Waters (a) Approval required The Secretary of the Interior and the Secretary of Commerce shall not restrict recreational or commercial fishing access to any State or territorial marine waters or Great Lakes waters within the jurisdiction of the National Park Service or the Office of National Marine Sanctuaries, respectively, unless those restrictions are developed in coordination with, and approved by, the fish and wildlife management agency of the State or territory that has fisheries management authority over those waters. (b) Definition In this section, the term marine waters includes coastal waters and estuaries. M Hunting and Recreational Fishing Within Certain National Forests 2141. Definitions In this subtitle: (1) Hunting The term hunting means use of a firearm, bow, or other authorized means in the lawful pursuit, shooting, capture, collection, trapping, or killing of wildlife; attempt to pursue, shoot, capture, collect, trap, or kill wildlife; or the training and use of hunting dogs, including field trials. (2) Recreational fishing The term recreational fishing means the lawful pursuit, capture, collection, or killing of fish; or attempt to capture, collect, or kill fish. (3) Forest plan The term forest plan means a land and resource management plan prepared by the Forest Service for a unit of the National Forest System pursuant to section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974 ( 16 U.S.C. 1604 ). (4) National forest system The term National Forest System has the meaning given that term in section 11(a) of the Forest and Rangeland Renewable Resources Planning Act of 1974 ( 16 U.S.C. 1609(a) ) 2142. Hunting and recreational fishing within the national forest system (a) Prohibition of restrictions The Secretary of Agriculture or Chief of the Forest Service may not establish policies, directives, or regulations that restrict the type, season, or method of hunting or recreational fishing on lands within the National Forest System that are otherwise open to those activities and are consistent with the applicable forest plan. (b) Prior restrictions void Any restrictions imposed by the Secretary of Agriculture or Chief of the Forest Service regarding the type, season, or method of hunting or recreational fishing on lands within the National Forest System that are otherwise open to those activities in force on the date of the enactment of this Act shall be void and have no force or effect. (c) Applicability This section shall apply only to the Kisatchie National Forest in the State of Louisiana, the De Soto National Forest in the State of Mississippi, the Mark Twain National Forest in the State of Missouri, and the Ozark National Forest, the St. Francis National Forest and the Ouachita National Forest in the States of Arkansas and Oklahoma. (d) State authority Nothing in this section, section 1 of the Act of June 4, 1897 ( 16 U.S.C. 551 ), or section 32 of the Act of July 22, 1937 ( 7 U.S.C. 1011 ) shall affect the authority of States to manage hunting or recreational fishing on lands within the National Forest System. 2143. Publication of Closure of Roads in Forests The Chief of the Forest Service shall publish a notice in the Federal Register for the closure of any public road on Forest System lands, along with a justification for the closure. N Grand Canyon Bison Management Act 2151. Short title This subtitle may be cited as the Grand Canyon Bison Management Act . 2152. Definitions In this subtitle: (1) Management plan The term management plan means the management plan published under section 2153(a). (2) Park The term Park means the Grand Canyon National Park. (3) Secretary The term Secretary means the Secretary of the Interior. (4) Skilled public volunteer The term skilled public volunteer means an individual who possesses— (A) a valid hunting license issued by the State of Arizona; and (B) such other qualifications as the Secretary may require, after consultation with the Arizona Game and Fish Commission. 2153. Bison management plan for Grand Canyon National Park (a) Publication of plan Not later than 180 days after the date of enactment of this Act, the Secretary shall publish a management plan to reduce, through humane lethal culling by skilled public volunteers and by other nonlethal means, the population of bison in the Park that the Secretary determines are detrimental to the use of the Park. (b) Removal of Animal Notwithstanding any other provision of law, a skilled public volunteer may remove a full bison harvested from the Park. (c) Coordination The Secretary shall coordinate with the Arizona Game and Fish Commission regarding the development and implementation of the management plan. (d) NEPA Compliance In developing the management plan, the Secretary shall comply with all applicable Federal environmental laws (including regulations), including the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ). (e) Limitation Nothing in this subtitle applies to the taking of wildlife in the Park for any purpose other than the implementation of the management plan. O Open Book on Equal Access to Justice 2161. Short title This subtitle may be cited as the Open Book on Equal Access to Justice Act . 2162. Modification of equal access to justice provisions (a) Agency proceedings Section 504 of title 5, United States Code, is amended— (1) in subsection (c)(1), by striking , United States Code ; (2) by redesignating subsection (f) as subsection (i); and (3) by striking subsection (e) and inserting the following: (e) (1) The Chairman of the Administrative Conference of the United States, after consultation with the Chief Counsel for Advocacy of the Small Business Administration, shall report to the Congress, not later than March 31 of each year through the 6th calendar year beginning after the initial report under this subsection is submitted, on the amount of fees and other expenses awarded during the preceding fiscal year pursuant to this section. The report shall describe the number, nature, and amount of the awards, the claims involved in the controversy, and any other relevant information that may aid the Congress in evaluating the scope and impact of such awards. The report shall be made available to the public online. (2) (A) The report required by 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 nondisclosure provisions. (B) The disclosure of fees and other expenses required under subparagraph (A) does not affect any other information that is subject to nondisclosure provisions in the settlement agreement. (f) The Chairman of the Administrative Conference shall create and maintain, during the period beginning on the date the initial report under subsection (e) is submitted and ending one year after the date on which the final report under that subsection is submitted, online a searchable database containing the following information with respect to each award of fees and other expenses under this section: (1) The case name and number of the adversary adjudication, 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 agency 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 court order. (h) The head of each agency shall provide to the Chairman of the Administrative Conference in a timely manner all information requested by the Chairman to comply with the requirements of subsections (e), (f), and (g). . (b) Court cases Section 2412(d) of title 28, United States Code, is amended by adding at the end the following: (5) (A) The Chairman of the Administrative Conference of the United States shall submit to the Congress, not later than March 31 of each year through the 6th calendar year beginning after the initial report under this paragraph is submitted, a report on the amount of fees and other expenses awarded during the preceding fiscal year pursuant to this subsection. The report shall describe the number, nature, and amount of the awards, the claims involved in each controversy, and any other relevant information that may aid the Congress in evaluating the scope and impact of such awards. The report shall be made available to the public online. (B) (i) The report required by 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 nondisclosure provisions. (ii) The disclosure of fees and other expenses required under clause (i) does not affect any other information that is subject to nondisclosure provisions in the settlement agreement. (C) The Chairman of the Administrative Conference shall include and clearly identify in the 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 from 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) The Chairman of the Administrative Conference shall create and maintain, during the period beginning on the date the initial report under paragraph (5) is submitted and ending one year after the date on which the final report under that paragraph is submitted, online a searchable database containing the following information with respect to each award of fees and other expenses under this subsection: (A) The case name and number. (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 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). . (c) Clerical amendments Section 2412 of title 28, United States Code, is amended— (1) in subsection (d)(3), by striking United States Code, ; and (2) in subsection (e)— (A) by striking of section 2412 of title 28, United States Code, and inserting of this section ; and (B) by striking of such title and inserting of this title . (d) Effective date (1) In general The amendments made by subsections (a) and (b) shall first apply with respect to awards of fees and other expenses that are made on or after the date of the enactment of this Act. (2) Initial reports The first reports required by section 504(e) of title 5, United States Code, and section 2412(d)(5) of title 28, United States Code, shall be submitted not later than March 31 of the calendar year following the first calendar year in which a fiscal year begins after the date of the enactment of this Act. (3) Online databases The online databases required by section 504(f) of title 5, United States Code, and section 2412(d)(6) of title 28, United States Code, shall be established as soon as practicable after the date of the enactment of this Act, but in no case later than the date on which the first reports under section 504(e) of title 5, United States Code, and section 2412(d)(5) of title 28, United States Code, are required to be submitted under paragraph (2) of this subsection. P Utility terrain vehicles 2171. Utility terrain vehicles in Kisatchie National Forest (a) In general The Forest Administrator shall amend the applicable travel plan to allow utility terrain vehicles access on all roads nominated by the Secretary of Louisiana Wildlife and Fisheries in the Kisatchie National Forest, except when such designation would pose an unacceptable safety risk, in which case the Forest Administrator shall publish a notice in the Federal Register with a justification for the closure. (b) Utility terrain vehicles defined For purposes of this section, the term utility terrain vehicle — (1) means any recreational motor vehicle designed for and capable of travel over designated roads, traveling on four or more tires with a maximum tire width of 27 inches, a maximum wheel cleat or lug of 3/4 of an inch, a minimum width of 50 inches but not exceeding 74 inches, a minimum weight of at least 700 pounds but not exceeding 2,000 pounds, and a minimum wheelbase of 61 inches but not exceeding 110 inches; (2) includes vehicles not equipped with a certification label as required by part 567.4 of title 49, Code of Federal Regulations; and (3) does not include golf carts, vehicles specially designed to carry a disabled person, or vehicles otherwise registered under section 32.299 of the Louisiana State statutes. Q Good Samaritan Search and Recovery 2181. Short title This subtitle may be cited as the Good Samaritan Search and Recovery Act . 2182. 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) an eligible organization or entity who conducts a good Samaritan search-and-recovery mission under this section shall serve without pay from the Federal Government for such service. (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). R Interstate Transportation of Firearms or Ammunition 2191. Interstate transportation of firearms or ammunition (a) In general Section 926A of title 18, United States Code, is amended to read as follows: 926A. Interstate transportation of firearms or ammunition (a) Notwithstanding any provision of any law, rule, or regulation of a State or any political subdivision thereof: (1) A person who is not prohibited by this chapter from possessing, transporting, shipping, or receiving a firearm or ammunition shall be entitled to transport a firearm for any lawful purpose from any place where the person may lawfully possess, carry, or transport the firearm to any other such place if, during the transportation, the firearm is unloaded, and— (A) if the transportation is by motor vehicle, the firearm is not directly accessible from the passenger compartment of the vehicle, and, if the vehicle is without a compartment separate from the passenger compartment, the firearm is in a locked container other than the glove compartment or console, or is secured by a secure gun storage or safety device; or (B) if the transportation is by other means, the firearm is in a locked container or secured by a secure gun storage or safety device. (2) A person who is not prohibited by this chapter from possessing, transporting, shipping, or receiving a firearm or ammunition shall be entitled to transport ammunition for any lawful purpose from any place where the person may lawfully possess, carry, or transport the ammunition, to any other such place if, during the transportation, the ammunition is not loaded into a firearm, and— (A) if the transportation is by motor vehicle, the ammunition is not directly accessible from the passenger compartment of the vehicle, and, if the vehicle is without a compartment separate from the passenger compartment, the ammunition is in a locked container other than the glove compartment or console; or (B) if the transportation is by other means, the ammunition is in a locked container. (b) In subsection (a), the term transport includes staying in temporary lodging overnight, stopping for food, fuel, vehicle maintenance, an emergency, medical treatment, and any other activity incidental to the transport, but does not include transportation— (1) with the intent to commit a crime punishable by imprisonment for a term exceeding one year that involves the use or threatened use of force against another; or (2) with knowledge, or reasonable cause to believe, that such a crime is to be committed in the course of, or arising from, the transportation. (c) (1) A person who is transporting a firearm or ammunition may not be arrested or otherwise detained for violation of any law or any rule or regulation of a State or any political subdivision thereof related to the possession, transportation, or carrying of firearms, unless there is probable cause to believe that the person is doing so in a manner not provided for in subsection (a). (2) When a person asserts this section as a defense in a criminal proceeding, the prosecution shall bear the burden of proving, beyond a reasonable doubt, that the conduct of the person did not satisfy the conditions set forth in subsection (a). (3) When a person successfully asserts this section as a defense in a criminal proceeding, the court shall award the prevailing defendant a reasonable attorney’s fee. (d) (1) A person who is deprived of any right, privilege, or immunity secured by this section, section 926B or 926C, under color of any statute, ordinance, regulation, custom, or usage of any State or any political subdivision thereof, may bring an action in any appropriate court against any other person, including a State or political subdivision thereof, who causes the person to be subject to the deprivation, for damages and other appropriate relief. (2) The court shall award a plaintiff prevailing in an action brought under paragraph (1) damages and such other relief as the court deems appropriate, including a reasonable attorney's fee. . (b) Clerical amendment The table of sections for such chapter is amended in the item relating to section 926A by striking firearms and inserting firearms or ammunition . S Gray Wolves 2201. Reissuance of final rule regarding gray wolves in the Western Great Lakes Before the end of the 60-day period beginning on the date of enactment of this Act, the Secretary of the Interior shall reissue the final rule published on December 28, 2011 (76 Fed. Reg. 81666), without regard to any other provision of statute or regulation that applies to issuance of such rule. Such reissuance shall not be subject to judicial review. 2202. Reissuance of final rule regarding gray wolves in Wyoming Before the end of the 60-day period beginning on the date of enactment of this Act, the Secretary of the Interior shall reissue the final rule published on September 10, 2012 (77 Fed. Reg. 55530), without regard to any other provision of statute or regulation that applies to issuance of such rule. Such reissuance shall not be subject to judicial review. T Miscellaneous provisions 2211. Prohibition on issuance of final rule The Director of the United States Fish and Wildlife Service shall not issue a final rule that— (1) succeeds the proposed rule entitled Non-Subsistence Take of Wildlife, and Public Participation and Closure Procedures, on National Wildlife Refuges in Alaska (81 Fed. Reg. 887 (January 8, 2016)); or (2) is substantially similar to that proposed rule. 2212. Withdrawal of existing rule regarding hunting and trapping in Alaska The Director of the National Park Service shall withdraw the final rule entitled Alaska; Hunting and Trapping in National Preserves (80 Fed. Reg. 64325 (October 23, 2015)) by not later than 30 days after the date of the enactment of this Act, and shall not issue a rule that is substantially similar to that rule. III National Strategic and Critical Minerals Production Act 3001. Short title This title may be cited as the National Strategic and Critical Minerals Production Act of 2015 . 3002. Findings Congress finds the following: (1) The industrialization of developing nations has driven demand for nonfuel minerals necessary for telecommunications, military technologies, healthcare technologies, and conventional and renewable energy technologies. (2) The availability of minerals and mineral materials are essential for economic growth, national security, technological innovation, and the manufacturing and agricultural supply chain. (3) The exploration, production, processing, use, and recycling of minerals contribute significantly to the economic well-being, security, and general welfare of the Nation. (4) The United States has vast mineral resources, but is becoming increasingly dependent upon foreign sources of these mineral materials, as demonstrated by the following: (A) Twenty-five years ago the United States was dependent on foreign sources for 45 nonfuel mineral materials, 8 of which the United States imported 100 percent of the Nation’s requirements, and for another 19 commodities the United States imported more than 50 percent of the Nation’s needs. (B) By 2014 the United States import dependence for nonfuel mineral materials increased from 45 to 65 commodities, 19 of which the United States imported for 100 percent of the Nation’s requirements, and an additional 24 of which the United States imported for more than 50 percent of the Nation’s needs. (C) The United States share of worldwide mineral exploration dollars was 7 percent in 2014, down from 19 percent in the early 1990s. (D) In the 2014 Ranking of Countries for Mining Investment (out of 25 major mining countries), found that 7- to 10-year permitting delays are the most significant risk to mining projects in the United States. 3003. Definitions In this title: (1) Strategic and critical minerals The term strategic and critical minerals means minerals that are necessary— (A) for national defense and national security requirements; (B) for the Nation’s energy infrastructure, including pipelines, refining capacity, electrical power generation and transmission, and renewable energy production; (C) to support domestic manufacturing, agriculture, housing, telecommunications, healthcare, and transportation infrastructure; or (D) for the Nation’s economic security and balance of trade. (2) Agency The term agency means any agency, department, or other unit of Federal, State, local, or tribal government, or Alaska Native Corporation. (3) mineral exploration or mine permit The term mineral exploration or mine permit includes— (A) Bureau of Land Management and Forest Service authorizations for pre-mining activities that require environmental analyses pursuant to the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ); and (B) plans of operation issued by the Bureau of Land Management and the Forest Service pursuant to 43 CFR 3809 and 36 CFR 228A or the authorities listed in 43 CFR 3503.13, respectively, as amended from time to time. A Development of Domestic Sources of Strategic and Critical Minerals 3011. Improving development of strategic and critical minerals Domestic mines that will provide strategic and critical minerals shall be considered an infrastructure project as described in Presidential order Improving Performance of Federal Permitting and Review of Infrastructure Projects dated March 22, 2012. 3012. Responsibilities of the lead agency (a) In general The lead agency with responsibility for issuing a mineral exploration or mine permit shall appoint a project lead within the lead agency who shall coordinate and consult with cooperating agencies and any other agency involved in the permitting process, project proponents and contractors to ensure that agencies minimize delays, set and adhere to timelines and schedules for completion of the permitting process, set clear permitting goals and track progress against those goals. (b) Determination under NEPA (1) In general To the extent that the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) applies to the issuance of any mineral exploration or mine permit, the requirements of such Act shall be deemed to have been procedurally and substantively satisfied if the lead agency determines that any State and/or Federal agency acting pursuant to State or Federal (or both) statutory or procedural authorities, has addressed or will address the following factors: (A) The environmental impact of the action to be conducted under the permit. (B) Possible adverse environmental effects of actions under the permit. (C) Possible alternatives to issuance of the permit. (D) The relationship between local long- and short-term uses of man’s environment and the maintenance and enhancement of long-term productivity. (E) Any irreversible and irretrievable commitment of resources that would be involved in the proposed action. (F) That public participation will occur during the decisionmaking process for authorizing actions under the permit. (2) Written requirement In reaching a determination under paragraph (1), the lead agency shall, by no later than 90 days after receipt of an application for the permit, in a written record of decision— (A) explain the rationale used in reaching its determination; (B) state the facts in the record that are the basis for the determination; and (C) show that the facts in the record could allow a reasonable person to reach the same determination as the lead agency did. (c) Coordination on permitting process The lead agency with responsibility for issuing a mineral exploration or mine permit shall enhance government coordination for the permitting process by avoiding duplicative reviews, minimizing paperwork, and engaging other agencies and stakeholders early in the process. For purposes of this subsection, the lead agency shall consider the following practices: (1) Deferring to and relying upon baseline data, analyses and reviews performed by State agencies with jurisdiction over the proposed project. (2) Conducting any consultations or reviews concurrently rather than sequentially to the extent practicable and when such concurrent review will expedite rather than delay a decision. (d) Memorandum of agency agreement If requested at any time by a State or local planning agency, the lead agency with responsibility for issuing a mineral exploration or mine permit, in consultation with other Federal agencies with relevant jurisdiction in the environmental review process, may establish memoranda of agreement with the project sponsor, State and local governments, and other appropriate entities to accomplish the early coordination activities described in subsection (c). (e) Schedule for permitting process For any project for which the lead agency cannot make the determination described in 102(b), at the request of a project proponent the lead agency, cooperating agencies, and any other agencies involved with the mineral exploration or mine permitting process shall enter into an agreement with the project proponent that sets time limits for each part of the permitting process, including for the following: (1) The decision on whether to prepare a document required under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ). (2) A determination of the scope of any document required under the National Environmental Policy Act of 1969. (3) The scope of and schedule for the baseline studies required to prepare a document required under the National Environmental Policy Act of 1969. (4) Preparation of any draft document required under the National Environmental Policy Act of 1969. (5) Preparation of a final document required under the National Environmental Policy Act of 1969. (6) Consultations required under applicable laws. (7) Submission and review of any comments required under applicable law. (8) Publication of any public notices required under applicable law. (9) A final or any interim decisions. (f) Time limit for permitting process In no case should the total review process described in subsection (d) exceed 30 months unless extended by the signatories of the agreement. (g) Limitation on addressing public comments The lead agency is not required to address agency or public comments that were not submitted during any public comment periods or consultation periods provided during the permitting process or as otherwise required by law. (h) Financial assurance The lead agency will determine the amount of financial assurance for reclamation of a mineral exploration or mining site, which must cover the estimated cost if the lead agency were to contract with a third party to reclaim the operations according to the reclamation plan, including construction and maintenance costs for any treatment facilities necessary to meet Federal, State or tribal environmental standards. (i) Application to existing permit applications This section shall apply with respect to a mineral exploration or mine permit for which an application was submitted before the date of the enactment of this Act if the applicant for the permit submits a written request to the lead agency for the permit. The lead agency shall begin implementing this section with respect to such application within 30 days after receiving such written request. (j) Strategic and critical minerals within National Forests With respect to strategic and critical minerals within a federally administered unit of the National Forest System, the lead agency shall— (1) exempt all areas of identified mineral resources in Land Use Designations, other than Non-Development Land Use Designations, in existence as of the date of the enactment of this Act from the procedures detailed at and all rules promulgated under part 294 of title 36, Code of Federal Regulations; (2) apply such exemption to all additional routes and areas that the lead agency finds necessary to facilitate the construction, operation, maintenance, and restoration of the areas of identified mineral resources described in paragraph (1); and (3) continue to apply such exemptions after approval of the Minerals Plan of Operations for the unit of the National Forest System. 3013. Conservation of the resource In evaluating and issuing any mineral exploration or mine permit, the priority of the lead agency shall be to maximize the development of the mineral resource, while mitigating environmental impacts, so that more of the mineral resource can be brought to the marketplace. 3014. Federal register process for mineral exploration and mining projects (a) Preparation of Federal Notices for Mineral Exploration and Mine Development Projects The preparation of Federal Register notices required by law associated with the issuance of a mineral exploration or mine permit shall be delegated to the organization level within the agency responsible for issuing the mineral exploration or mine permit. All Federal Register notices regarding official document availability, announcements of meetings, or notices of intent to undertake an action shall be originated and transmitted to the Federal Register from the office where documents are held, meetings are held, or the activity is initiated. (b) Departmental Review of Federal Register Notices for Mineral Exploration and Mining Projects Absent any extraordinary circumstance or except as otherwise required by any Act of Congress, each Federal Register notice described in subsection (a) shall undergo any required reviews within the Department of the Interior or the Department of Agriculture and be published in its final form in the Federal Register no later than 30 days after its initial preparation. B Judicial review of agency actions relating to Exploration and Mine Permits 3021. Definitions for title In this subtitle the term covered civil action means a civil action against the Federal Government containing a claim under section 702 of title 5, United States Code, regarding agency action affecting a mineral exploration or mine permit. 3022. Timely filings A covered civil action is barred unless filed no later than the end of the 60-day period beginning on the date of the final Federal agency action to which it relates. 3023. Right to intervene The holder of any mineral exploration or mine permit may intervene as of right in any covered civil action by a person affecting rights or obligations of the permit holder under the permit. 3024. Expedition in hearing and determining the action The court shall endeavor to hear and determine any covered civil action as expeditiously as possible. 3025. Limitation on prospective relief In a covered civil action, the court shall not grant or approve any prospective relief unless the court finds that such relief is narrowly drawn, extends no further than necessary to correct the violation of a legal requirement, and is the least intrusive means necessary to correct that violation. 3026. Limitation on attorneys’ fees Section 504 of title 5, United States Code, and section 2412 of title 28, United States Code (together commonly called the Equal Access to Justice Act) do not apply to a covered civil action, nor shall any party in such a covered civil action receive payment from the Federal Government for their attorneys’ fees, expenses, and other court costs. C Miscellaneous provisions 3031. Secretarial order not affected This title 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. IV Native American Energy Act 4001. Short title This title may be cited as the Native American Energy Act . 4002. Appraisals (a) Amendment 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: 2607. Appraisal reforms (a) Options to Indian Tribes With respect to a transaction involving Indian land or the trust assets of an Indian tribe that requires the approval of the Secretary, any appraisal relating to fair market value required to be conducted under applicable law, regulation, or policy may be completed 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) Time Limit on Secretarial Review and Action Not later than 30 days after the date on which the Secretary receives an appraisal conducted by or for an Indian tribe pursuant to paragraphs (2) or (3) of subsection (a), the Secretary shall— (1) review the appraisal; and (2) provide to the Indian tribe a written notice of approval or disapproval of the appraisal. (c) Failure of Secretary To Approve or Disapprove If, after 60 days, the Secretary has failed to approve or disapprove any appraisal received, the appraisal shall be deemed approved. (d) Option to Indian Tribes To Waive Appraisal (1) An Indian tribe wishing to waive the requirements of subsection (a), may do so after it has satisfied the requirements of paragraphs (2) and (3). (2) An Indian tribe wishing to forego the necessity of a waiver pursuant to this section must provide to the Secretary a written resolution, statement, or other unambiguous indication of tribal intent, duly approved by the governing body of the Indian tribe. (3) The unambiguous indication of intent provided by the Indian tribe to the Secretary under paragraph (2) must include an express waiver by the Indian tribe of any claims for damages it might have against the United States as a result of the lack of an appraisal undertaken. (e) Definition For purposes of this subsection, the term appraisal includes appraisals and other estimates of value. (f) Regulations The Secretary shall develop regulations for implementing this section, including standards the Secretary shall use for approving or disapproving an appraisal. . (b) Conforming amendment The table of contents of the Energy Policy Act of 1992 ( 42 U.S.C. 13201 note) is amended by adding at the end of the items relating to title XXVI the following: Sec. 2607. Appraisal reforms. . 4003. Standardization As soon as practicable after the date of the enactment of this Act, the Secretary of the Interior shall implement procedures to ensure that each agency within the Department of the Interior that is involved in the review, approval, and oversight of oil and gas activities on Indian lands shall use a uniform system of reference numbers and tracking systems for oil and gas wells. 4004. Environmental reviews of major Federal actions on Indian lands Section 102 of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332 ) is amended by inserting (a) In general.— before the first sentence, and by adding at the end the following: (b) Review of major Federal actions on Indian lands (1) Review and comment (A) In general Except as provided in subparagraph (B), the statement required under subsection (a)(2)(C) for a major Federal action regarding an activity on Indian lands of an Indian tribe shall only be available for review and comment by the members of the Indian tribe, other individuals residing within the affected area, and State, federally recognized tribal, and local governments within the affected area. (B) Exception Subparagraph (A) shall not apply to a statement for a major Federal action regarding an activity on Indian lands of an Indian tribe related to gaming under the Indian Gaming Regulatory Act. (2) Regulations The Chairman of the Council on Environmental Quality shall develop regulations to implement this section, including descriptions of affected areas for specific major Federal actions, in consultation with Indian tribes. (3) Definitions In this subsection, each of the terms Indian land and Indian tribe has the meaning given that term in section 2601 of the Energy Policy Act of 1992 ( 25 U.S.C. 3501 ). (4) Clarification of authority Nothing in the Native American Energy Act, except section 6 of that Act, shall give the Secretary any additional authority over energy projects on Alaska Native Claims Settlement Act lands. . 4005. Judicial review (a) Time for filing complaint Any energy related action must be filed not later than the end of the 60-day period beginning on the date of the final agency action. Any energy related action not filed within this time period shall be barred. (b) District court venue and deadline All energy related actions— (1) shall be brought in the United States District Court for the District of Columbia; and (2) shall be resolved as expeditiously as possible, and in any event not more than 180 days after such cause of action is filed. (c) Appellate review An interlocutory order or final judgment, decree or order of the district court in an energy related action may be reviewed by the United States Court of Appeals for the District of Columbia Circuit. The District of Columbia Circuit Court of Appeals shall resolve such appeal as expeditiously as possible, and in any event not more than 180 days after such interlocutory order or final judgment, decree or order of the district court was issued. (d) Limitation on certain payments Notwithstanding section 1304 of title 31, United States Code, no award may be made under section 504 of title 5, United States Code, or under section 2412 of title 28, United States Code, and no amounts may be obligated or expended from the Claims and Judgment Fund of the United States Treasury to pay any fees or other expenses under such sections, to any person or party in an energy related action. (e) Legal fees In any energy related action in which the plaintiff does not ultimately prevail, the court shall award to the defendant (including any intervenor-defendants), other than the United States, fees and other expenses incurred by that party in connection with the energy related action, unless the court finds that the position of the plaintiff was substantially justified or that special circumstances make an award unjust. Whether or not the position of the plaintiff was substantially justified shall be determined on the basis of the administrative record, as a whole, which is made in the energy related action for which fees and other expenses are sought. (f) Definitions For the purposes of this section, the following definitions apply: (1) Agency action The term agency action has the same meaning given such term in section 551 of title 5, United States Code. (2) Indian land The term Indian Land has the same meaning given such term in section 203(c)(3) of the Energy Policy Act of 2005 ( Public Law 109–58 ; 25 U.S.C. 3501 ), including lands owned by Native Corporations under the Alaska Native Claims Settlement Act ( Public Law 92–203 ; 43 U.S.C. 1601 ). (3) Energy related action The term energy related action means a cause of action that— (A) is filed on or after the effective date of this Act; and (B) seeks judicial review of a final agency action to issue a permit, license, or other form of agency permission allowing: (i) any person or entity to conduct activities on Indian Land, which activities involve the exploration, development, production or transportation of oil, gas, coal, shale gas, oil shale, geothermal resources, wind or solar resources, underground coal gasification, biomass, or the generation of electricity; or (ii) any Indian Tribe, or any organization of two or more entities, at least one of which is an Indian tribe, to conduct activities involving the exploration, development, production or transportation of oil, gas, coal, shale gas, oil shale, geothermal resources, wind or solar resources, underground coal gasification, biomass, or the generation of electricity, regardless of where such activities are undertaken. (4) Ultimately prevail The phrase ultimately prevail means, in a final enforceable judgment, the court rules in the party’s favor on at least one cause of action which is an underlying rationale for the preliminary injunction, administrative stay, or other relief requested by the party, and does not include circumstances where the final agency action is modified or amended by the issuing agency unless such modification or amendment is required pursuant to a final enforceable judgment of the court or a court-ordered consent decree. 4006. Tribal biomass demonstration project The Tribal Forest Protection Act of 2004 is amended by inserting after section 2 ( 25 U.S.C. 3115a ) the following: 3. Tribal biomass demonstration project (a) In general For each of fiscal years 2016 through 2020, the Secretary shall enter into stewardship contracts or other agreements, other than agreements that are exclusively 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) Definitions The definitions in section 2 shall apply to this section. (c) Demonstration projects In each fiscal year for which projects are authorized, the Secretary shall enter into contracts or other agreements described in subsection (a) to carry out at least 4 new demonstration projects that meet the eligibility criteria described in subsection (d). (d) Eligibility criteria To be eligible to enter into a contract or other agreement under this subsection, 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. (e) Selection In evaluating the applications submitted under subsection (c), the Secretary— (1) shall take into consideration the factors set forth in paragraphs (1) and (2) of section 2(e) of Public Law 108–278 ; and whether a proposed demonstration project would— (A) increase the availability or reliability of local or regional energy; (B) enhance the economic development of the Indian tribe; (C) improve the connection of electric power transmission facilities serving the Indian tribe with other electric transmission facilities; (D) improve the forest health or watersheds of Federal land or Indian forest land or rangeland; or (E) otherwise promote the use of woody biomass; and (2) shall exclude from consideration any merchantable logs that have been identified by the Secretary for commercial sale. (f) 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. (g) Report Not later than one year subsequent to the date of enactment of this section, 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. (h) 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 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. (i) Term A stewardship contract or other 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. 4. Tribal forest management demonstration project The Secretary of the Interior and the Secretary of Agriculture may carry out demonstration projects by which federally recognized Indian tribes or tribal organizations may contract to perform administrative, management, and other functions of programs of the Tribal Forest Protection Act of 2004 ( 25 U.S.C. 3115a et seq. ) through contracts entered into under the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450 et seq. ). . 4007. Tribal resource management plans Unless otherwise explicitly exempted by Federal law enacted after the date of the enactment of this Act, any activity conducted or resources harvested or produced pursuant to a tribal resource management plan or an integrated resource management plan approved by the Secretary of the Interior under the National Indian Forest Resources Management Act ( 25 U.S.C. 3101 et seq. ) or the American Indian Agricultural Resource Management Act ( 25 U.S.C. 3701 et seq. ), shall be considered a sustainable management practice for purposes of any Federal standard, benefit, or requirement that requires a demonstration of such sustainability. 4008. Leases of restricted lands for the Navajo Nation Subsection (e)(1) of the first section of the Act of August 9, 1955 ( 25 U.S.C. 415(e)(1) ; commonly referred to as the Long-Term Leasing Act ), is amended— (1) by striking , except a lease for and inserting , including leases for ; (2) in subparagraph (A), by striking 25 the first place it appears and all that follows and inserting 99 years; ; (3) in subparagraph (B), by striking the period 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 mineral resources, including geothermal resources, 25 years, except that any such lease may include an option to renew for one additional term not to exceed 25 years. . 4009. Nonapplicability of certain rules No rule promulgated by the Department of the Interior regarding hydraulic fracturing used in the development or production of oil or gas resources shall have any effect on any land held in trust or restricted status for the benefit of Indians except with the express consent of the beneficiary on whose behalf such land is held in trust or restricted status. V Northport irrigation early repayment 5001. Early repayment of construction costs (a) In general Notwithstanding section 213 of the Reclamation Reform Act of 1982 ( 43 U.S.C. 390mm ), any landowner within the Northport Irrigation District in the State of Nebraska (referred to in this section as the District ) may repay, at any time, the construction costs of project facilities allocated to the landowner’s land within the District. (b) Applicability of full-Cost pricing limitations On discharge, in full, of the obligation for repayment of all construction costs described in subsection (a) that are allocated to all land the landowner owns in the District in question, the parcels of land shall not be subject to the ownership and full-cost pricing limitations under 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. ), including the Reclamation Reform Act of 1982 ( 13 U.S.C. 390aa et seq. ). (c) Certification On request of a landowner that has repaid, in full, the construction costs described in subsection (a), the Secretary of the Interior shall provide to the landowner a certificate described in section 213(b)(1) of the Reclamation Reform Act of 1982 ( 43 U.S.C. 390mm(b)(1) ). (d) Effect Nothing in this section— (1) modifies any contractual rights under, or amends or reopens, the reclamation contract between the District and the United States; or (2) modifies any rights, obligations, or relationships between the District and landowners in the District under Nebraska State law. VI Ocmulgee Mounds National Historical Park Boundary Revision Act 6001. Short title This title may be cited as the Ocmulgee Mounds National Historical Park Boundary Revision Act of 2016 . 6002. Definitions In this Act: (1) Map The term map means the map entitled Ocmulgee National Monument Proposed Boundary Adjustment, numbered 363/125996 , and dated January 2016. (2) Historical park The term Historical Park means the Ocmulgee Mounds National Historical Park in the State of Georgia, as redesignated in section 6003. (3) Secretary The term Secretary means the Secretary of the Interior. 6003. Ocmulgee Mounds National Historical Park (a) Redesignation Ocmulgee National Monument, established pursuant to the Act of June 14, 1934 (48 Stat. 958), shall be known and designated as Ocmulgee Mounds National Historical Park . (b) References Any reference in a law, map, regulation, document, paper, or other record of the United States to Ocmulgee National Monument , other than in this Act, shall be deemed to be a reference to Ocmulgee Mounds National Historical Park . 6004. Boundary adjustment (a) In general The boundary of the Historical Park is revised to include approximately 2,100 acres, as generally depicted on the map. (b) Availability of map The map shall be on file and available for public inspection in the appropriate offices of the National Park Service, the Department of the Interior. 6005. Land acquisition; no buffer zones (a) Land acquisition The Secretary is authorized to acquire land and interests in land within the boundaries of the Historical Park by donation or exchange only (and in the case of an exchange, no payment may be made by the Secretary to any landowner). The Secretary may not acquire by condemnation any land or interest in land within the boundaries of the Historical Park. No private property or non-Federal public property shall be included within the boundaries of the Historical Park without the written consent of the owner of such property. (b) No buffer zones Nothing in this Act, the establishment of the Historical Park, or the management of the Historical Park shall be construed to create buffer zones outside of the Historical Park. That an activity or use can be seen or heard from within the Historical Park shall not preclude the conduct of that activity or use outside the Historical Park. 6006. Administration The Secretary shall administer any land acquired under section 6005 as part of the Historical Park in accordance with applicable laws and regulations. 6007. Ocmulgee River corridor special resource study (a) In general The Secretary shall conduct a special resource study of the Ocmulgee River corridor between the cities of Macon, Georgia, and Hawkinsville, Georgia, to determine— (1) the national significance of the study area; (2) the suitability and feasibility of adding lands in the study area to the National Park System; and (3) the methods and means for the protection and interpretation of the study area by the National Park Service, other Federal, State, local government entities, affiliated federally recognized Indian tribes, or private or nonprofit organizations. (b) Criteria The Secretary shall conduct the study authorized by this Act in accordance with section 100507 of title 54, United States Code. (c) Results of study Not later than 3 years after the date on which funds are made available to carry out this section, 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— (1) the results of the study; and (2) any findings, conclusions, and recommendations of the Secretary. VII Medgar Evers House Study Act 7001. Short title This title may be cited as the Medgar Evers House Study Act . 7002. Special resource study (a) Study The Secretary of the Interior shall conduct a special resource study of the home of the late civil rights activist Medgar Evers, located at 2332 Margaret Walker Alexander Drive in Jackson, Mississippi. (b) 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) consider other alternatives for preservation, protection, and interpretation of the site by Federal, State, or local governmental entities, or private and nonprofit organizations; (4) consult with interested Federal, State, or local governmental entities, private and nonprofit organizations or any other interested individuals; (5) determine the effect of the designation of the site as a unit of the National Park System on existing commercial and recreational uses, and the effect on State and local governments to manage those activities; (6) identify any authorities, including condemnation, that will compel or permit the Secretary to influence or participate in local land use decisions (such as zoning) or place restrictions on non-Federal land if the site is designated a unit of the National Park System; and (7) identify cost estimates for any Federal acquisition, development, interpretation, operation, and maintenance associated with the alternatives. (c) Applicable law The study required under subsection (a) shall be conducted in accordance with section 100507 of title 54, United States Code. (d) Study results Not later than 3 years after the date on which funds are first made available for 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 the results of the study and any conclusions and recommendations of the Secretary. VIII Sky Point mountain designation 8001. Findings Congress finds the following: (1) Staff Sergeant Sky Mote, USMC, grew up in El Dorado, California. (2) Staff Sergeant Mote graduated from Union Mine High School. (3) Upon graduation, Staff Sergeant Mote promptly enlisted in the Marine Corps. (4) Staff Sergeant Mote spent 9 years serving his country in the United States Marine Corps, including a deployment to Iraq and two deployments to Afghanistan. (5) By his decisive actions, heroic initiative, and resolute dedication to duty, Staff Sergeant Mote gave his life to protect fellow Marines on August 10, 2012, by gallantly rushing into action during an attack by a rogue Afghan policeman inside the base perimeter in Helmand province. (6) Staff Sergeant Mote was awarded the Navy Cross, a Purple Heart, the Navy-Marine Corps Commendation Medal, a Navy-Marine Corps Achievement Medal, two Combat Action Ribbons, and three Good Conduct Medals. (7) The Congress of the United States, in acknowledgment of this debt that cannot be repaid, honors Staff Sergeant Mote for his ultimate sacrifice and recognizes his service to his country, faithfully executed to his last, full measure of devotion. (8) A presently unnamed peak in the center of Humphrey Basin holds special meaning to the friends and family of Sky Mote, as their annual hunting trips set up camp beneath this point; under the stars, the memories made beneath this rounded peak will be cherished forever. 8002. Sky Point (a) Designation The mountain in the John Muir Wilderness of the Sierra National Forest in California, located at 37°15′16.10091″N 118°43′39.54102″W, shall be known and designated as Sky Point . (b) References Any reference in a law, map, regulation, document, record, or other paper of the United States to the mountain described in subsection (a) shall be considered to be a reference to Sky Point . IX Chief Standing Bear trail study 9001. Chief Standing Bear national historic trail feasibility study Section 5(c) of the National Trails System Act ( 16 U.S.C. 1244(c) ) is amended by adding at the end the following: (46) Chief Standing Bear national historic trail (A) In general The Chief Standing Bear Trail, extending approximately 550 miles from Niobrara, Nebraska, to Ponca City, Oklahoma, which follows the route taken by Chief Standing Bear and the Ponca people during Federal Indian removal, and approximately 550 miles from Ponca City, Oklahoma, through Omaha, Nebraska, to Niobrara, Nebraska, which follows the return route taken by Chief Standing Bear and the Ponca people, as generally depicted on the map entitled Chief Standing Bear National Historic Trail Feasibility Study , numbered 903/125,630, and dated November 2014. (B) Availability of map The map described in subparagraph (A) shall be on file and available for public inspection in the appropriate offices of the Department of the Interior. (C) Components The feasibility study conducted under subparagraph (A) shall include a determination on whether the Chief Standing Bear Trail meets the criteria described in subsection (b) for designation as a national historic trail. (D) Considerations In conducting the feasibility study under subparagraph (A), the Secretary of the Interior shall consider input from owners of private land within or adjacent to the study area. . X John Muir National Historic Site Expansion Act 10001. Short title This title may be cited as the John Muir National Historic Site Expansion Act . 10002. John Muir National Historic Site land acquisition (a) Acquisition The Secretary of the Interior may acquire by donation the approximately 44 acres of land, and interests in such land, that are identified on the map entitled John Muir National Historic Site Proposed Boundary Expansion , numbered 426/127150, and dated November, 2014. (b) Boundary Upon the acquisition of the land authorized by subsection (a), the Secretary of the Interior shall adjust the boundaries of the John Muir Historic Site in Martinez, California, to include the land identified on the map referred to in subsection (a). (c) Administration The land and interests in land acquired under subsection (a) shall be administered as part of the John Muir National Historic Site established by the Act of August 31, 1964 ( Public Law 88–547 ; 78 Stat. 753; 16 U.S.C. 461 note). XI Arapaho National Forest Boundary Adjustment Act 11001. Short title This title may be cited as the Arapaho National Forest Boundary Adjustment Act of 2015 . 11002. 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 Act 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. XII Preservation Research at Institutions Serving Minorities Act 12001. Short title This title may be cited as the Preservation Research at Institutions Serving Minorities Act or the PRISM Act . 12002. Eligibility of Hispanic-serving institutions and Asian American and Native American Pacific Islander-serving institutions for assistance for preservation education and training programs Section 303903(3) of title 54, United States Code, is amended by inserting to Hispanic-serving institutions (as defined in section 502(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1101a(a) )) and Asian American and Native American Pacific Islander-serving institutions (as defined in section 320(b) of the Higher Education Act of 1965 ( 20 U.S.C. 1059g(b) )), after universities, . XIII Elkhorn Ranch and White River National Forest Conveyance Act 13001. Short title This title may be cited as the Elkhorn Ranch and White River National Forest Conveyance Act of 2015 . 13002. 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. XIV National Liberty Memorial Clarification Act 14001. Short title This title may be cited as the National Liberty Memorial Clarification Act of 2015 . 14002. Compliance with certain standards for commemorative works in establishment of National Liberty Memorial Section 2860(c) of the Military Construction Authorization Act for Fiscal Year 2013 (division B of Public Law 112–239 ; 40 U.S.C. 8903 note) is amended by striking the period at the end and inserting the following: , except that, under subsections (a)(2) and (b) of section 8905, the Secretary of Agriculture, rather than the Secretary of the Interior or the Administrator of General Services, shall be responsible for the consideration of site and design proposals and the submission of such proposals on behalf of the sponsor to the Commission of Fine Arts and National Capital Planning Commission. . XV Crags, Colorado Land Exchange Act 15001. Short title This title may be cited as the Crags, Colorado Land Exchange Act of 2015 . 15002. Purposes The purposes of this title 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. 15003. Definitions In this Act: (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. 15004. Land exchange (a) 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. (b) Land title Title to the non-Federal land conveyed and donated to the Secretary under this Act 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. (c) Perpetual access easement to BHI The nonexclusive perpetual access easement to be granted to BHI as shown on the map referred to in section 15003(2) shall allow— (1) 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 (2) 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. (d) 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. (e) 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 Act, including reimbursement to the Secretary, if the Secretary so requests, for staff time spent in such processing and consummation. 15005. Equal value exchange and appraisals (a) Appraisals The values of the lands to be exchanged under this Act shall be determined by the Secretary through appraisals performed in accordance with— (1) the Uniform Appraisal Standards for Federal Land Acquisitions; (2) the Uniform Standards of Professional Appraisal Practice; (3) appraisal instructions issued by the Secretary; and (4) shall be performed by an appraiser mutually agreed to by the Secretary and BHI. (b) 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: (1) 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 section 15003(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) ). (2) Use of funds Any cash equalization moneys received by the Secretary under paragraph (1) shall be— (A) deposited in the fund established under Public Law 90–171 (commonly known as the Sisk Act ; 16 U.S.C. 484a ); and (B) made available to the Secretary for the acquisition of land or interests in land in Region 2 of the Forest Service. (3) Surplus of non-Federal land value If the final appraised value of the non-Federal land parcel identified in section 15003(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. (c) Appraisal exclusions (1) 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. (2) Barr Trail easement The Barr Trail easement donation identified in section 15003(3)(B) shall not be appraised for purposes of this Act. 15006. Miscellaneous provisions (a) Withdrawal provisions (1) Withdrawal Lands acquired by the Secretary under this Act 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. ). (2) 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. (3) Withdrawal of Federal land All Federal land authorized to be exchanged under this Act, 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. (b) Postexchange land management Land acquired by the Secretary under this Act 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. (c) Exchange timetable It is the intent of Congress that the land exchange directed by this Act be consummated no later than 1 year after the date of the enactment of this Act. (d) Maps, estimates, and descriptions (1) 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. (2) Conflict If there is a conflict between a map, an acreage estimate, or a description of land under this Act, the map shall control unless the Secretary and BHI mutually agree otherwise. (3) 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 Act. XVI Remove reversionary interest in Rockingham County land 16001. Removal of use restriction Public Law 101–479 (104 Stat. 1158) is amended— (1) by striking section 2(d); and (2) by adding at the end the following: 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). . XVII Coltsville National Historical Park 17001. Amendment to Coltsville National Historical Park donation site Section 3032(b) of Public Law 113–291 ( 16 U.S.C. 410qqq ) is amended— (1) in paragraph (2)(B), by striking East Armory and inserting Colt Armory Complex ; and (2) by adding at the end the following: (4) Additional administrative conditions No non-Federal property may be included in the park without the written consent of the owner. The establishment of the park or the management of the park shall not be construed to create buffer zones outside of the park. That activities or uses can be seen, heard or detected from areas within the park shall not preclude, limit, control, regulate, or determine the conduct or management of activities or uses outside of the park. . XVIII Martin Luther King, Jr. National Historical Park Act 18001. Short title This title may be cited as the Martin Luther King, Jr. National Historical Park Act of 2016 . 18002. Martin Luther King, Jr. National Historical Park The Act entitled An Act to establish the Martin Luther King, Junior, National Historic Site in the State of Georgia, and for other purposes ( Public Law 96–428 ) is amended— (1) in subsection (a) of the first section, by striking the map entitled Martin Luther King, Junior, National Historic Site Boundary Map , number 489/80,013B, and dated September 1992 and inserting the map entitled Martin Luther King, Jr. National Historical Park Proposed Boundary Revision , numbered 489/128,786 and dated June 2015 ; (2) by striking Martin Luther King, Junior, National Historic Site each place it appears and inserting Martin Luther King, Jr. National Historical Park ; (3) by striking national historic site each place it appears and inserting national historical park ; (4) by striking historic site each place it appears and inserting historical park ; and (5) by striking historic sites in section 2(a) and inserting historical parks . 18003. References Any reference in a law (other than this Act), map, regulation, document, paper, or other record of the United States to Martin Luther King, Junior, National Historic Site shall be deemed to be a reference to Martin Luther King, Jr. National Historical Park . XIX Extension of the authorization for the Gullah/Geechee Cultural Heritage Corridor Commission 19001. Extension of the authorization for the Gullah/Geechee Cultural Heritage Corridor Commission Section 295D(d) of the Gullah/Geechee Cultural Heritage Act ( Public Law 109–338 ; 120 Stat. 1833; 16 U.S.C. 461 note) is amended by striking 10 years and inserting 15 years . XX 9/11 Memorial Act 20001. Short title This title may be cited as the 9/11 Memorial Act . 20002. Definitions For purposes of this Act: (1) Eligible entity The term eligible entity means a nonprofit organization as defined in section 501(c)(3) of the Internal Revenue Code of 1986 ( 26 U.S.C. 501(c)(3) ) in existence on the date of enactment of this Act. (2) Map The term map means the map titled National September 11 Memorial Proposed Boundary , numbered 903/128928, and dated June 2015. (3) National September 11 Memorial The term National September 11 Memorial means the area approximately bounded by Fulton, Greenwich, Liberty and West Streets as generally depicted on the map. (4) Secretary The term Secretary means the Secretary of the Interior. 20003. Designation of memorial (a) Designation The National September 11 Memorial is hereby designated as a national memorial. (b) Map The map shall be available for public inspection and kept on file at the appropriate office of the Secretary. (c) Effect of designation The national memorial designated under this section shall not be a unit of the National Park System and the designation of the national memorial shall not be construed to require or authorize Federal funds to be expended for any purpose related to the national memorial except as provided under section 20004. 20004. Competitive grants for certain memorials (a) Competitive grants Subject to the availability of appropriations, the Secretary may award a single grant per year through a competitive process to an eligible entity for the operation and maintenance of any memorial located within the United States established to commemorate the events of and honor— (1) the victims of the terrorist attacks on the World Trade Center, the Pentagon, and United Airlines Flight 93 on September 11, 2001; and (2) the victims of the terrorist attack on the World Trade Center on February 26, 1993. (b) Availability Funds made available under this section shall remain available until expended. (c) Criteria In awarding grants under this section, the Secretary shall give greatest weight in the selection of eligible entities using the following criteria: (1) Experience in managing a public memorial that will benefit the largest number of visitors each calendar year. (2) Experience in managing a memorial of significant size (4 acres or more). (3) Successful coordination and cooperation with Federal, State, and local governments in operating and managing the memorial. (4) Ability and commitment to use grant funds to enhance security at the memorial. (5) Ability to use grant funds to increase the numbers of economically disadvantaged visitors to the memorial and surrounding areas. (d) Summaries Not later than 30 days after the end of each fiscal year in which an eligible entity obligates or expends any part of a grant under this section, the eligible entity shall prepare and submit to the Secretary and Congress a summary that— (1) specifies the amount of grant funds obligated or expended in the preceding fiscal year; (2) specifies the purpose for which the funds were obligated or expended; and (3) includes any other information the Secretary may require to more effectively administer the grant program. (e) Sunset The authority to award grants under this section shall expire on the date that is 7 years after the date of the enactment of this Act. XXI Kennesaw Mountain National Battlefield Park Boundary Adjustment Act 21001. Short title This title may be cited as the Kennesaw Mountain National Battlefield Park Boundary Adjustment Act of 2015 . 21002. Findings The Congress finds the following: (1) Kennesaw Mountain National Battlefield Park was authorized as a unit of the National Park System on June 26, 1935. Prior to 1935, parts of the park had been acquired and protected by Civil War veterans and the War Department. (2) Kennesaw Mountain National Battlefield Park protects Kennesaw Mountain and Kolb’s Farm, which are battle sites along the route of General Sherman’s 1864 campaign to take Atlanta. (3) Most of the park protects Confederate positions and strategy. The Wallis House is one of the few original structures remaining from the Battle of Kennesaw Mountain associated with Union positions and strategy. (4) The Wallis House is strategically located next to a Union signal station at Harriston Hill. 21003. Boundary adjustment; land acquisition; administration (a) Boundary adjustment The boundary of the Kennesaw Mountain National Battlefield Park is modified to include the approximately 8 acres identified as Wallis House and Harriston Hill , and generally depicted on the map titled Kennesaw Mountain National Battlefield Park, Proposed Boundary Adjustment , numbered 325/80,020, and dated February 2010. (b) Map The map referred to in subsection (a) shall be on file and available for inspection in the appropriate offices of the National Park Service. (c) Land acquisition The Secretary of the Interior is authorized to acquire, from willing owners only, land or interests in land described in subsection (a) by donation or exchange. (d) Administration of acquired lands The Secretary of the Interior shall administer land and interests in land acquired under this section as part of the Kennesaw Mountain National Battlefield Park in accordance with applicable laws and regulations. (e) Written consent of owner No non-Federal property may be included in the Kennesaw Mountain National Battlefield Park without the written consent of the owner. This provision shall apply only to those portions of the Park added under subsection (a). (f) No use of condemnation The Secretary of the Interior may not acquire by condemnation any land or interests in land under this Act or for the purposes of this Act. (g) No buffer zone created Nothing in this Act, the establishment of the Kennesaw Mountain National Battlefield Park, or the management plan for the Kennesaw Mountain National Battlefield Park shall be construed to create buffer zones outside of the Park. That activities or uses can be seen, heard, or detected from areas within the Kennesaw Mountain National Battlefield Park shall not preclude, limit, control, regulate or determine the conduct or management of activities or uses outside the Park. XXII Vehicle access at Delaware Water Gap National Recreation Area 22001. Vehicular access and fees Section 4 of the Delaware Water Gap National Recreation Area Improvement Act ( Public Law 109–156 ) is amended to read as follows: 4. Use of Certain Roads Within the Recreation Area (a) In general Except as otherwise provided in this section, Highway 209, a federally owned road within the boundaries of the Recreation Area, shall be closed to all commercial vehicles. (b) Exception for Local Business Use Until September 30, 2020, subsection (a) shall not apply with respect to the use of commercial vehicles that have four or fewer axles and are— (1) owned and operated by a business physically located in— (A) the Recreation Area; or (B) one or more adjacent municipalities; or (2) necessary to provide services to businesses or persons located in— (A) the Recreation Area; or (B) one of more adjacent municipalities. (c) Fee The Secretary shall establish a fee and permit program for the use by commercial vehicles of Highway 209 under subsection (b). The program shall include an annual fee not to exceed $200 per vehicle. All fees received under the program shall be set aside in a special account and be available, without further appropriation, to the Secretary for the administration and enforcement of the program, including registering vehicles, issuing permits and vehicle identification stickers, and personnel costs. (d) Exceptions The following vehicles may use Highway 209 and shall not be subject to a fee or permit requirement under subsection (c): (1) Local school buses. (2) Fire, ambulance, and other safety and emergency vehicles. (3) Commercial vehicles using Federal Road Route 209, from— (A) Milford to the Delaware River Bridge leading to U.S. Route 206 in New Jersey; and (B) mile 0 of Federal Road Route 209 to Pennsylvania State Route 2001. . 22002. Definitions Section 2 of the Delaware Water Gap National Recreation Area Improvement Act ( Public Law 109–156 ) is amended— (1) by redesignating paragraphs (1) through (5) as paragraphs (2) through (6), respectively; and (2) by inserting before paragraph (2) (as so redesignated by paragraph (1) of this section) the following: (1) Adjacent Municipalities The term adjacent municipalities means Delaware Township, Dingman Township, Lehman Township, Matamoras Borough, Middle Smithfield Township, Milford Borough, Milford Township, Smithfield Township and Westfall Township, in Pennsylvania. . 22003. Conforming amendment Section 702 of the Omnibus Parks and Public Lands Management Act of 1996 ( Public Law 104–333 ) is repealed. XXIII Gulf Islands National Seashore Land Exchange Act 23001. Short title This title may be cited as the Gulf Islands National Seashore Land Exchange Act of 2016 . 23002. Land exchange, Gulf Islands National Seashore, Jackson County, Mississippi (a) Land exchange authorized The Secretary of the Interior, acting through the Director of the National Park Service (in this section referred to as the Secretary ) may convey to the Veterans of Foreign Wars Post 5699 (in this section referred to as the Post ) all right, title, and interest of the United States in and to a parcel of real property, consisting of approximately 1.542 acres and located within the Gulf Islands National Seashore in Jackson County, Mississippi, section 34, township 7 north, range 8 east. (b) Land To be acquired In exchange for the property described in subsection (a), the Post shall convey to the Secretary all right, title, and interest of the Post in and to a parcel of real property, consisting of approximately 2.161 acres and located in Jackson County, Mississippi, section 34, township 7 north, range 8 east. (c) Equal value exchange The values of the parcels of real property to be exchanged under this section are deemed to be equal. (d) Payment of costs of conveyance (1) Payment required The Secretary shall require the Post to cover costs to be incurred by the Secretary, or to reimburse the Secretary for such costs incurred by the Secretary, to carry out the land exchange under this section, including survey costs, costs related to environmental documentation, and any other administrative costs related to the land exchange. If amounts are collected from the Secretary in advance of the Secretary incurring the actual costs and the amount collected exceeds the costs actually incurred by the Secretary to carry out the land exchange, the Secretary shall refund the excess amount to the Post. (2) Treatment of amounts received Amounts received as reimbursement under paragraph (1) shall be credited to the fund or account that was used to cover those costs incurred by the Secretary in carrying out the land exchange. Amounts so credited shall be merged with amounts in such fund or account and shall be available for the same purposes, and subject to the same conditions and limitations, as amounts in such fund or account. (e) Description of property The exact acreage and legal description of property to be exchanged under this section shall be determined by surveys satisfactory to the Secretary and the Post. (f) Conveyance agreement The exchange of real property under this section shall be accomplished using a quit claim deed or other legal instrument and upon terms and conditions mutually satisfactory to the Secretary and the Post, including such additional terms and conditions as the Secretary considers appropriate to protect the interests of the United States. (g) Treatment of acquired land Land and interests in land acquired by the United States under subsection (b) shall be administered by the Secretary as part of the Gulf Islands National Seashore. (h) Modification of boundary Upon completion of the land exchange under this section, the Secretary shall modify the boundary of the Gulf Islands National Seashore to reflect such land exchange. XXIV Korean War Veterans Memorial Wall of Remembrance Act 24001. Short title This title may be cited as the Korean War Veterans Memorial Wall of Remembrance Act of 2016 . 24002. Wall of Remembrance Section 1 of the Act titled An Act to authorize the erection of a memorial on Federal Land in the District of Columbia and its environs to honor members of the Armed Forces of the United States who served in the Korean War , approved October 25, 1986 ( Public Law 99–572 ), is amended by adding at the end the following: Such memorial shall include a Wall of Remembrance, which shall be constructed without the use of Federal funds. The American Battle Monuments Commission shall request and consider design recommendations from the Korean War Veterans Memorial Foundation, Inc. for the establishment of the Wall of Remembrance. The Wall of Remembrance shall include— (1) a list by name of members of the Armed Forces of the United States who died in theatre in the Korean War; (2) the number of members of the Armed Forces of the United States who, in regards to the Korean War— (A) were wounded in action; (B) are listed as missing in action; or (C) were prisoners of war; and (3) the number of members of the Korean Augmentation to the United States Army, the Republic of Korea Armed Forces, and the other nations of the United Nations Command who, in regards to the Korean War— (A) were killed in action; (B) were wounded in action; (C) are listed as missing in action; or (D) were prisoners of war. . XXV National Forest Small Tracts Act Amendments Act 25001. Short title This title may be cited as the National Forest Small Tracts Act Amendments Act of 2015 . 25002. Additional authority for sale or exchange of small parcels of National Forest System land (a) Increase in maximum value of small parcels Section 3 of Public Law 97–465 (commonly known as the Small Tracts Act; 16 U.S.C. 521e ) is amended in the matter preceding paragraph (1) by striking $150,000 and inserting $500,000 . (b) Additional conveyance purposes Section 3 of Public Law 97–465 ( 16 U.S.C. 521e ) is further amended— (1) in the matter preceding paragraph (1), by striking which are— and inserting which involve any one of the following: ; (2) in paragraph (1)— (A) by striking parcels and inserting Parcels ; and (B) by striking the semicolon at the end and inserting a period; (3) in paragraph (2)— (A) by striking parcels the first place it appears and inserting Parcels ; and (B) by striking ; or at the end and inserting a period; (4) in paragraph (3), by striking road and inserting Road ; and (5) by adding at the end the following new paragraphs: (4) Parcels of 40 acres or less which are determined by the Secretary to be physically isolated, to be inaccessible, or to have lost their National Forest character. (5) Parcels of 10 acres or less which are not eligible for conveyance under paragraph (2), but which are encroached upon by permanent habitable improvements for which there is no evidence that the encroachment was intentional or negligent. (6) Parcels used as a cemetery, a landfill, or a sewage treatment plant under a special use authorization issued by the Secretary. In the case of a cemetery expected to reach capacity within 10 years, the sale, exchange, or interchange may include, in the sole discretion of the Secretary, up to 1 additional acre abutting the permit area to facilitate expansion of the cemetery. . (c) Disposition of proceeds Section 2 of Public Law 97–465 ( 16 U.S.C. 521d ) is amended— (1) by striking The Secretary is authorized and inserting the following: (a) Conveyance authority; consideration The Secretary is authorized ; (2) by striking The Secretary shall insert and inserting the following: (b) Inclusion of terms, covenants, conditions, and reservations The Secretary shall insert ; (3) by striking convenants and inserting covenants ; and (4) by adding at the end the following new subsection: (c) Disposition of proceeds (1) Deposit in sisk fund The net proceeds derived from any sale or exchange conducted under the authority of paragraph (4), (5), or (6) of section 3 shall be deposited in the fund established by Public Law 90–171 (commonly known as the Sisk Act; 16 U.S.C. 484a ). (2) Use Amounts deposited under paragraph (1) shall be available to the Secretary until expended for— (A) the acquisition of land or interests in land for administrative sites for the National Forest System in the State from which the amounts were derived; (B) the acquisition of land or interests in land for inclusion in the National Forest System in that State, including land or interests in land which enhance opportunities for recreational access; (C) the performance of deferred maintenance on administrative sites for the National Forest System in that State or other deferred maintenance activities in that State which enhance opportunities for recreational access; or (D) the reimbursement of the Secretary for costs incurred in preparing a sale conducted under the authority of section 3 if the sale is a competitive sale. . XXVI Western Oregon Tribal Fairness Act 26001. Short title This title may be cited as the Western Oregon Tribal Fairness Act . A Cow Creek Umpqua Land Conveyance 26011. Short title This subtitle may be cited as the Cow Creek Umpqua Land Conveyance Act . 26012. Definitions In this subtitle: (1) Council creek land The term Council Creek land means the approximately 17,519 acres of land, as generally depicted on the map entitled Canyon Mountain Land Conveyance and dated June 27, 2013. (2) Tribe The term Tribe means the Cow Creek Band of Umpqua Tribe of Indians. (3) Secretary The term Secretary means the Secretary of the Interior. 26013. Conveyance (a) In general Subject to valid existing rights, including rights-of-way, all right, title, and interest of the United States in and to the Council Creek land, including any improvements located on the land, appurtenances to the land, and minerals on or in the land, including oil and gas, shall be— (1) held in trust by the United States for the benefit of the Tribe; and (2) part of the reservation of the Tribe. (b) Survey Not later than 1 year after the date of enactment of this Act, the Secretary shall complete a survey of the boundary lines to establish the boundaries of the land taken into trust under subsection (a). 26014. Map and legal description (a) In general As soon as practicable after the date of enactment of this Act, the Secretary shall file a map and legal description of the Council Creek land with— (1) the Committee on Energy and Natural Resources of the Senate; and (2) the Committee on Natural Resources of the House of Representatives. (b) Force and effect The map and legal description filed under subsection (a) shall have the same force and effect as if included in this subtitle, except that the Secretary may correct any clerical or typographical errors in the map or legal description. (c) Public availability The map and legal description filed under subsection (a) shall be on file and available for public inspection in the Office of the Secretary. 26015. Administration (a) In general Unless expressly provided in this subtitle, nothing in this subtitle affects any right or claim of the Tribe existing on the date of enactment of this Act to any land or interest in land. (b) Prohibitions (1) Exports of unprocessed logs Federal law (including regulations) relating to the export of unprocessed logs harvested from Federal land shall apply to any unprocessed logs that are harvested from the Council Creek land. (2) Non-permissible use of land Any real property taken into trust under section 26013 shall not be eligible, or used, for any gaming activity carried out under Public Law 100–497 ( 25 U.S.C. 2701 et seq. ). (c) Forest management Any forest management activity that is carried out on the Council Creek land shall be managed in accordance with all applicable Federal laws. 26016. Land reclassification (a) Identification of Oregon and California railroad grant land Not later than 180 days after the date of enactment of this Act, the Secretary of Agriculture and the Secretary shall identify any Oregon and California Railroad grant land that is held in trust by the United States for the benefit of the Tribe under section 26013. (b) Identification of public domain land Not later than 18 months after the date of enactment of this Act, the Secretary shall identify public domain land in the State of Oregon that— (1) is approximately equal in acreage and condition as the Oregon and California Railroad grant land identified under subsection (a); and (2) is located in the vicinity of the Oregon and California Railroad grant land. (c) Maps Not later than 2 years after the date of enactment of this Act, the Secretary shall submit to Congress and publish in the Federal Register one or more maps depicting the land identified in subsections (a) and (b). (d) Reclassification (1) In general After providing an opportunity for public comment, the Secretary shall reclassify the land identified in subsection (b) as Oregon and California Railroad grant land. (2) Applicability The Act of August 28, 1937 ( 43 U.S.C. 1181a et seq. ), shall apply to land reclassified as Oregon and California Railroad grant land under paragraph (1). B Coquille Forest Fairness 26021. Short title This subtitle may be cited as the Coquille Forest Fairness Act . 26022. Amendments to Coquille Restoration Act Section 5(d) of the Coquille Restoration Act ( 25 U.S.C. 715c(d) ) is amended— (1) by striking paragraph (5) and inserting the following: (5) Management (A) In general Subject to subparagraph (B), the Secretary, acting through the Assistant Secretary for Indian Affairs, shall manage the Coquille Forest in accordance with the laws pertaining to the management of Indian trust land. (B) Administration (i) Unprocessed logs Unprocessed logs harvested from the Coquille Forest shall be subject to the same Federal statutory restrictions on export to foreign nations that apply to unprocessed logs harvested from Federal land. (ii) Sales of timber Notwithstanding any other provision of law, all sales of timber from land subject to this subsection shall be advertised, offered, and awarded according to competitive bidding practices, with sales being awarded to the highest responsible bidder. ; (2) by striking paragraph (9); and (3) by redesignating paragraphs (10) through (12) as paragraphs (9) through (11), respectively. C Oregon Coastal Lands 26031. Short title This subtitle may be cited as the Oregon Coastal Lands Act . 26032. Definitions In this subtitle: (1) Confederated tribes The term Confederated Tribes means the Confederated Tribes of Coos, Lower Umpqua, and Siuslaw Indians. (2) Oregon coastal land The term Oregon Coastal land means the approximately 14,408 acres of land, as generally depicted on the map entitled Oregon Coastal Land Conveyance and dated March 27, 2013. (3) Secretary The term Secretary means the Secretary of the Interior. 26033. Conveyance (a) In general Subject to valid existing rights, including rights-of-way, all right, title, and interest of the United States in and to the Oregon Coastal land, including any improvements located on the land, appurtenances to the land, and minerals on or in the land, including oil and gas, shall be— (1) held in trust by the United States for the benefit of the Confederated Tribes; and (2) part of the reservation of the Confederated Tribes. (b) Survey Not later than 1 year after the date of enactment of this Act, the Secretary shall complete a survey of the boundary lines to establish the boundaries of the land taken into trust under subsection (a). 26034. Map and legal description (a) In general As soon as practicable after the date of enactment of this Act, the Secretary shall file a map and legal description of the Oregon Coastal land with— (1) the Committee on Energy and Natural Resources of the Senate; and (2) the Committee on Natural Resources of the House of Representatives. (b) Force and effect The map and legal description filed under subsection (a) shall have the same force and effect as if included in this subtitle, except that the Secretary may correct any clerical or typographical errors in the map or legal description. (c) Public availability The map and legal description filed under subsection (a) shall be on file and available for public inspection in the Office of the Secretary. 26035. Administration (a) In general Unless expressly provided in this subtitle, nothing in this subtitle affects any right or claim of the Confederated Tribes existing on the date of enactment of this Act to any land or interest in land. (b) Prohibitions (1) Exports of unprocessed logs Federal law (including regulations) relating to the export of unprocessed logs harvested from Federal land shall apply to any unprocessed logs that are harvested from the Oregon Coastal land taken into trust under section 26033. (2) Non-permissible use of land Any real property taken into trust under section 26033 shall not be eligible, or used, for any gaming activity carried out under Public Law 100–497 ( 25 U.S.C. 2701 et seq. ). (c) Laws applicable to commercial forestry activity Any commercial forestry activity that is carried out on the Oregon Coastal land taken into trust under section 26033 shall be managed in accordance with all applicable Federal laws. (d) Agreements The Confederated Tribes shall consult with the Secretary and other parties as necessary to develop agreements to provide for access to the Oregon Coastal land taken into trust under section 26033 that provide for— (1) honoring existing reciprocal right-of-way agreements; (2) administrative access by the Bureau of Land Management; and (3) management of the Oregon Coastal lands that are acquired or developed under chapter 2003 of title 54, United States Code (commonly known as the Land and Water Conservation Fund Act of 1965 ), consistent with section 200305(f)(3) of that title. (e) Land use planning requirements Except as provided in subsection (c), once the Oregon Coastal land is taken into trust under section 26033, the land shall not be subject to the land use planning requirements of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 et seq. ) or the Act of August 28, 1937 ( 43 U.S.C. 1181a et seq. ). 26036. Land reclassification (a) Identification of Oregon and California railroad grant land Not later than 180 days after the date of enactment of this Act, the Secretary of Agriculture and the Secretary shall identify any Oregon and California Railroad grant land that is held in trust by the United States for the benefit of the Confederated Tribes under section 26033. (b) Identification of public domain land Not later than 18 months after the date of enactment of this Act, the Secretary shall identify public domain land in the State of Oregon that— (1) is approximately equal in acreage and condition as the Oregon and California Railroad grant land identified under subsection (a); and (2) is located in the vicinity of the Oregon and California Railroad grant land. (c) Maps Not later than 2 years after the date of enactment of this Act, the Secretary shall submit to Congress and publish in the Federal Register one or more maps depicting the land identified in subsections (a) and (b). (d) Reclassification (1) In general After providing an opportunity for public comment, the Secretary shall reclassify the land identified in subsection (b) as Oregon and California Railroad grant land. (2) Applicability The Act of August 28, 1937 ( 43 U.S.C. 1181a et seq. ), shall apply to land reclassified as Oregon and California Railroad grant land under paragraph (1). D Science V Department of Energy Science 501. Mission Section 209 of the Department of Energy Organization Act ( 42 U.S.C. 7139 ) is amended by adding at the end the following: (c) Mission The mission of the Office of Science shall be the delivery of scientific discoveries, capabilities, and major scientific tools to transform the understanding of nature and to advance the energy, economic, and national security of the United States. In support of this mission, the Director shall carry out programs on basic energy sciences, advanced scientific computing research, high energy physics, biological and environmental research, fusion energy sciences, and nuclear physics, including as provided under subtitle A of title V of the America COMPETES Reauthorization Act of 2015 , through activities focused on— (1) fundamental scientific discoveries through the study of matter and energy; (2) science in the national interest, including— (A) advancing an agenda for American energy security through research on energy production, storage, transmission, efficiency, and use; and (B) advancing our understanding of the Earth’s climate through research in atmospheric and environmental sciences; and (3) National Scientific User Facilities to deliver the 21st century tools of science, engineering, and technology and provide the Nation’s researchers with the most advanced tools of modern science including accelerators, colliders, supercomputers, light sources and neutron sources, and facilities for studying materials science. (d) Coordination with other Department of Energy programs The Under Secretary for Science and Energy shall ensure the coordination of Office of Science activities and programs with other activities of the Department. . 502. Basic energy sciences (a) Program The Director shall carry out a program in basic energy sciences, including materials sciences and engineering, chemical sciences, physical biosciences, and geosciences, for the purpose of providing the scientific foundations for new energy technologies. (b) Mission The mission of the program described in subsection (a) shall be to support fundamental research to understand, predict, and ultimately control matter and energy at the electronic, atomic, and molecular levels in order to provide the foundations for new energy technologies and to support Department missions in energy, environment, and national security. (c) Basic energy sciences user facilities The Director shall carry out a subprogram for the development, construction, operation, and maintenance of national user facilities to support the program under this section. As practicable, these facilities shall serve the needs of the Department, industry, the academic community, and other relevant entities to create and examine new materials and chemical processes for the purposes of advancing new energy technologies and improving the competitiveness of the United States. These facilities shall include— (1) x-ray light sources; (2) neutron sources; (3) nanoscale science research centers; and (4) other facilities the Director considers appropriate, consistent with section 209 of the Department of Energy Organization Act ( 42 U.S.C. 7139 ). (d) Light source leadership initiative (1) Establishment In support of the subprogram authorized in subsection (c), the Director shall establish an initiative to sustain and advance global leadership of light source user facilities. (2) Leadership strategy Not later than 9 months after the date of enactment of this Act, and biennially thereafter, the Director shall prepare, in consultation with relevant stakeholders, and submit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a light source leadership strategy that— (A) identifies, prioritizes, and describes plans for the development, construction, and operation of light sources over the next decade; (B) describes plans for optimizing management and use of existing light source facilities; and (C) assesses the international outlook for light source user facilities and describes plans for United States cooperation in such projects. (3) Advisory committee feedback and recommendations Not later than 45 days after submission of the strategy described in paragraph (2), the Basic Energy Sciences Advisory Committee shall provide the Director, the Committee on Science, Space, and Technology of the House of Representatives, and the Committee on Energy and Natural Resources of the Senate a report of the Advisory Committee’s analyses, findings, and recommendations for improving the strategy, including a review of the most recent budget request for the initiative. (4) Proposed budget The Director shall transmit annually to Congress a proposed budget corresponding to the activities identified in the strategy. (e) Accelerator research and development The Director shall carry out research and development on advanced accelerator and storage ring technologies relevant to the development of Basic Energy Sciences user facilities, in consultation with the Office of Science’s High Energy Physics and Nuclear Physics programs. (f) Energy frontier research centers (1) In general The Director shall carry out a program to provide awards, on a competitive, merit-reviewed basis, to multi-institutional collaborations or other appropriate entities to conduct fundamental and use-inspired energy research to accelerate scientific breakthroughs. (2) Collaborations A collaboration receiving an award under this subsection may include multiple types of institutions and private sector entities. (3) Selection and duration (A) In general A collaboration under this subsection shall be selected for a period of 5 years. An Energy Frontier Research Center already in existence and supported by the Director on the date of enactment of this Act may continue to receive support for a period of 5 years beginning on the date of establishment of that center. (B) Reapplication After the end of the period described in subparagraph (A), an awardee may reapply for selection for a second period of 5 years on a competitive, merit-reviewed basis. (C) Termination Consistent with the existing authorities of the Department, the Director may terminate an underperforming center for cause during the performance period. (4) No funding for construction No funding provided pursuant to this subsection may be used for the construction of new buildings or facilities. 503. Advanced scientific computing research (a) Program The Director shall carry out a research, development, and demonstration program to advance computational and networking capabilities to analyze, model, simulate, and predict complex phenomena relevant to the development of new energy technologies and the competitiveness of the United States. (b) Facilities The Director, as part of the program described in subsection (a), shall develop and maintain world-class computing and network facilities for science and deliver critical research in applied mathematics, computer science, and advanced networking to support the Department’s missions. (c) Definitions Section 2 of the Department of Energy High-End Computing Revitalization Act of 2004 ( 15 U.S.C. 5541 ) is amended by striking paragraphs (1) through (5) and inserting the following: (1) Co-design The term co-design means the joint development of application algorithms, models, and codes with computer technology architectures and operating systems to maximize effective use of high-end computing systems. (2) Department The term Department means the Department of Energy. (3) Exascale The term exascale means computing system performance at or near 10 to the 18th power floating point operations per second. (4) High-end computing system The term high-end computing system means a computing system with performance that substantially exceeds that of systems that are commonly available for advanced scientific and engineering applications. (5) Institution of higher education The term institution of higher education has the meaning given the term in section 2 of the Energy Policy Act of 2005 ( 42 U.S.C. 15801 ). (6) Leadership system The term leadership system means a high-end computing system that is among the most advanced in the world in terms of performance in solving scientific and engineering problems. (7) National laboratory The term National Laboratory means any one of the seventeen laboratories owned by the Department. (8) Secretary The term Secretary means the Secretary of Energy. (9) Software technology The term software technology includes optimal algorithms, programming environments, tools, languages, and operating systems for high-end computing systems. . (d) Department of Energy high-End computing research and development program Section 3 of the Department of Energy High-End Computing Revitalization Act of 2004 ( 15 U.S.C. 5542 ) is amended— (1) in subsection (a)— (A) in paragraph (1), by striking program and inserting coordinated program across the Department ; (B) by striking and at the end of paragraph (1); (C) by striking the period at the end of paragraph (2) and inserting ; and ; and (D) by adding at the end the following new paragraph: (3) partner with universities, National Laboratories, and industry to ensure the broadest possible application of the technology developed in this program to other challenges in science, engineering, medicine, and industry. ; (2) in subsection (b)(2), by striking vector and all that follows through architectures and inserting computer technologies that show promise of substantial reductions in power requirements and substantial gains in parallelism of multicore processors, concurrency, memory and storage, bandwidth, and reliability ; and (3) by striking subsection (d) and inserting the following: (d) Exascale computing program (1) In general The Secretary shall conduct a coordinated research program to develop exascale computing systems to advance the missions of the Department. (2) Execution The Secretary shall, through competitive merit review, establish two or more National Laboratory-industry-university partnerships to conduct integrated research, development, and engineering of multiple exascale architectures, and— (A) conduct mission-related co-design activities in developing such exascale platforms; (B) develop those advancements in hardware and software technology required to fully realize the potential of an exascale production system in addressing Department target applications and solving scientific problems involving predictive modeling and simulation and large-scale data analytics and management; and (C) explore the use of exascale computing technologies to advance a broad range of science and engineering. (3) Administration In carrying out this program, the Secretary shall— (A) provide, on a competitive, merit-reviewed basis, access for researchers in United States industry, institutions of higher education, National Laboratories, and other Federal agencies to these exascale systems, as appropriate; and (B) conduct outreach programs to increase the readiness for the use of such platforms by domestic industries, including manufacturers. (4) Reports (A) Integrated strategy and program management plan The Secretary shall submit to Congress, not later than 90 days after the date of enactment of the America COMPETES Reauthorization Act of 2015 , a report outlining an integrated strategy and program management plan, including target dates for prototypical and production exascale platforms, interim milestones to reaching these targets, functional requirements, roles and responsibilities of National Laboratories and industry, acquisition strategy, and estimated resources required, to achieve this exascale system capability. The report shall include the Secretary's plan for Departmental organization to manage and execute the Exascale Computing Program, including definition of the roles and responsibilities within the Department to ensure an integrated program across the Department. The report shall also include a plan for ensuring balance and prioritizing across ASCR subprograms in a flat or slow-growth budget environment. (B) Status reports At the time of the budget submission of the Department for each fiscal year, the Secretary shall submit a report to Congress that describes the status of milestones and costs in achieving the objectives of the exascale computing program. (C) Exascale merit report At least 18 months prior to the initiation of construction or installation of any exascale-class computing facility, the Secretary shall transmit a plan to the Congress detailing— (i) the proposed facility's cost projections and capabilities to significantly accelerate the development of new energy technologies; (ii) technical risks and challenges that must be overcome to achieve successful completion and operation of the facility; and (iii) an independent assessment of the scientific and technological advances expected from such a facility relative to those expected from a comparable investment in expanded research and applications at terascale-class and petascale-class computing facilities, including an evaluation of where investments should be made in the system software and algorithms to enable these advances. . 504. High energy physics (a) Program The Director shall carry out a research program on the fundamental constituents of matter and energy and the nature of space and time. (b) Sense of congress It is the sense of the Congress that— (1) the Director should incorporate the findings and recommendations of the Particle Physics Project Prioritization Panel’s report entitled Building for Discovery: Strategic Plan for U.S. Particle Physics in the Global Context , into the Department’s planning process as part of the program described in subsection (a); (2) the Director should prioritize domestically hosted research projects that will maintain the United States position as a global leader in particle physics and attract the world’s most talented physicists and foreign investment for international collaboration; and (3) the nations that lead in particle physics by hosting international teams dedicated to a common scientific goal attract the world’s best talent and inspire future generations of physicists and technologists. (c) Neutrino research As part of the program described in subsection (a), the Director shall carry out research activities on rare decay processes and the nature of the neutrino, which may include collaborations with the National Science Foundation or international collaborations. (d) Dark energy and dark matter research As part of the program described in subsection (a), the Director shall carry out research activities on the nature of dark energy and dark matter, which may include collaborations with the National Aeronautics and Space Administration or the National Science Foundation, or international collaborations. (e) Accelerator research and development The Director shall carry out research and development in advanced accelerator concepts and technologies, including laser technologies, to reduce the necessary scope and cost for the next generation of particle accelerators. The Director shall ensure access to national laboratory accelerator facilities, infrastructure, and technology for users and developers of accelerators that advance applications in energy and the environment, medicine, industry, national security, and discovery science. (f) International collaboration The Director, as practicable and in coordination with other appropriate Federal agencies as necessary, shall ensure the access of United States researchers to the most advanced accelerator facilities and research capabilities in the world, including the Large Hadron Collider. 505. Biological and environmental research (a) Program The Director shall carry out a program of research, development, and demonstration in the areas of biological systems science and climate and environmental science to support the energy and environmental missions of the Department. (b) Priority research In carrying out this section, the Director shall prioritize fundamental research on biological systems and genomics science with the greatest potential to enable scientific discovery. (c) Assessment Not later than 12 months after the date of enactment of this Act, the Comptroller General shall submit a report to Congress identifying climate science-related initiatives under this section that overlap or duplicate initiatives of other Federal agencies and the extent of such overlap or duplication. (d) Limitation The Director shall not approve new climate science-related initiatives to be carried out through the Office of Science without making a determination that such work is unique and not duplicative of work by other Federal agencies. Not later than 3 months after receiving the assessment required under subsection (c), the Director shall cease those climate science-related initiatives identified in the assessment as overlapping or duplicative, unless the Director justifies that such work is critical to achieving American energy security. (e) Low dose radiation research program (1) In general The Director of the Department of Energy Office of Science shall carry out a research program on low dose radiation. The purpose of the program is to enhance the scientific understanding of and reduce uncertainties associated with the effects of exposure to low dose radiation in order to inform improved risk management methods. (2) Study Not later than 60 days after the date of enactment of this Act, the Director shall enter into an agreement with the National Academies to conduct a study assessing the current status and development of a long-term strategy for low dose radiation research. Such study shall be completed not later than 18 months after the date of enactment of this Act. The study shall be conducted in coordination with Federal agencies that perform ionizing radiation effects research and shall leverage the most current studies in this field. Such study shall— (A) identify current scientific challenges for understanding the long-term effects of ionizing radiation; (B) assess the status of current low dose radiation research in the United States and internationally; (C) formulate overall scientific goals for the future of low-dose radiation research in the United States; (D) recommend a long-term strategic and prioritized research agenda to address scientific research goals for overcoming the identified scientific challenges in coordination with other research efforts; (E) define the essential components of a research program that would address this research agenda within the universities and the National Laboratories; and (F) assess the cost-benefit effectiveness of such a program. (3) Research plan Not later than 90 days after the completion of the study performed under paragraph (2) the Secretary of Energy shall deliver to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a 5-year research plan that responds to the study’s findings and recommendations and identifies and prioritizes research needs. (4) Definition In this subsection, the term low dose radiation means a radiation dose of less than 100 millisieverts. (5) Rule of Construction Nothing in this subsection shall be construed to subject any research carried out by the Director under the research program under this subsection to any limitations described in section 977(e) of the Energy Policy Act of 2005 ( 42 U.S.C. 16317(e) ). 506. Fusion energy (a) Program The Director shall carry out a fusion energy sciences research program to expand the fundamental understanding of plasmas and matter at very high temperatures and densities and to build the scientific foundation necessary to enable fusion power. (b) Fusion materials research and development As part of the activities authorized in section 978 of the Energy Policy Act of 2005 ( 42 U.S.C. 16318 )— (1) the Director, in coordination with the Assistant Secretary for Nuclear Energy of the Department, shall carry out research and development activities to identify, characterize, and demonstrate materials that can endure the neutron, plasma, and heat fluxes expected in a fusion power system; and (2) the Secretary shall— (A) provide an assessment of the need for a facility or facilities that can examine and test potential fusion and next generation fission materials and other enabling technologies relevant to the development of fusion power; and (B) provide an assessment of whether a single new facility that substantially addresses magnetic fusion and next generation fission materials research needs is feasible, in conjunction with the expected capabilities of facilities operational as of the date of enactment of this Act. (c) Tokamak research and development (1) In general As part of the program described in subsection (a), the Director shall support research and development activities and facility operations to optimize the tokamak approach to fusion energy. (2) ITER (A) Report Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to Congress a report providing an assessment of— (i) the most recent schedule for ITER that has been approved by the ITER Council; and (ii) progress of the ITER Council and the ITER Director General toward implementation of the recommendations of the Third Biennial International Organization Management Assessment Report. (B) Fairness in competition for solicitations for international project activities Section 33 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2053 ) is amended by adding at the end the following: For purposes of this section, with respect to international research projects, the term private facilities or laboratories shall refer to facilities or laboratories located in the United States. . (C) Sense of congress It is the sense of Congress that the United States should support a robust, diverse fusion program. It is further the sense of Congress that developing the scientific basis for fusion, providing research results key to the success of ITER, and training the next generation of fusion scientists are of critical importance to the United States and should in no way be diminished by participation of the United States in the ITER project. (d) Inertial fusion energy research and development program The Secretary shall carry out a program of research and technology development in inertial fusion for energy applications, including ion beam, laser, and pulsed power fusion systems. (e) Alternative and enabling concepts (1) In general As part of the program described in subsection (a), the Director shall support research and development activities and facility operations at United States universities, national laboratories, and private facilities for a portfolio of alternative and enabling fusion energy concepts that may provide solutions to significant challenges to the establishment of a commercial magnetic fusion power plant, prioritized based on the ability of the United States to play a leadership role in the international fusion research community. Fusion energy concepts and activities explored under this paragraph may include— (A) high magnetic field approaches facilitated by high temperature superconductors; (B) advanced stellarator concepts; (C) non-tokamak confinement configurations operating at low magnetic fields; (D) magnetized target fusion energy concepts; (E) liquid metals to address issues associated with fusion plasma interactions with the inner wall of the encasing device; (F) immersion blankets for heat management and fuel breeding; (G) advanced scientific computing activities; and (H) other promising fusion energy concepts identified by the Director. (2) Coordination with arpa–e The Under Secretary and the Director shall coordinate with the Director of the Advanced Research Projects Agency–Energy (in this paragraph referred to as ARPA–E ) to— (A) assess the potential for any fusion energy project supported by ARPA–E to represent a promising approach to a commercially viable fusion power plant; (B) determine whether the results of any fusion energy project supported by ARPA–E merit the support of follow-on research activities carried out by the Office of Science; and (C) avoid unintentional duplication of activities. (f) General plasma science and applications Not later than 2 years after the date of enactment of this Act, the Secretary shall provide to Congress an assessment of opportunities in which the United States can provide world-leading contributions to advancing plasma science and non-fusion energy applications, and identify opportunities for partnering with other Federal agencies both within and outside of the Department of Energy. (g) Identification of priorities (1) Report Not later than 2 years after the date of enactment of this Act, the Secretary shall transmit to Congress a report on the Department’s proposed fusion energy research and development activities over the following 10 years under at least 3 realistic budget scenarios, including a scenario based on 3 percent annual growth in the non-ITER portion of the budget for fusion energy research and development activities. The report shall— (A) identify specific areas of fusion energy research and enabling technology development in which the United States can and should establish or solidify a lead in the global fusion energy development effort; (B) identify priorities for initiation of facility construction and facility decommissioning under each of those scenarios; and (C) assess the ability of the United States fusion workforce to carry out the activities identified in subparagraphs (A) and (B), including the adequacy of college and university programs to train the leaders and workers of the next generation of fusion energy researchers. (2) Process In order to develop the report required under paragraph (1), the Secretary shall leverage best practices and lessons learned from the process used to develop the most recent report of the Particle Physics Project Prioritization Panel of the High Energy Physics Advisory Panel. No member of the Fusion Energy Sciences Advisory Committee shall be excluded from participating in developing or voting on final approval of the report required under paragraph (1). 507. Nuclear physics (a) Program The Director shall carry out a program of experimental and theoretical research, and support associated facilities, to discover, explore, and understand all forms of nuclear matter. (b) Isotope development and production for research applications The Director shall carry out a program for the production of isotopes, including the development of techniques to produce isotopes, that the Secretary determines are needed for research, medical, industrial, or other purposes. In making this determination, the Secretary shall— (1) ensure that, as has been the policy of the United States since the publication in 1965 of Federal Register notice 30 Fed. Reg. 3247, isotope production activities do not compete with private industry unless critical national interests necessitate the Federal Government’s involvement; (2) ensure that activities undertaken pursuant to this section, to the extent practicable, promote the growth of a robust domestic isotope production industry; and (3) consider any relevant recommendations made by Federal advisory committees, the National Academies, and interagency working groups in which the Department participates. 508. Science laboratories infrastructure program (a) Program The Director shall carry out a program to improve the safety, efficiency, and mission readiness of infrastructure at Office of Science laboratories. The program shall include projects to— (1) renovate or replace space that does not meet research needs; (2) replace facilities that are no longer cost effective to renovate or operate; (3) modernize utility systems to prevent failures and ensure efficiency; (4) remove excess facilities to allow safe and efficient operations; and (5) construct modern facilities to conduct advanced research in controlled environmental conditions. (b) Approach In carrying out this section, the Director shall utilize all available approaches and mechanisms, including capital line items, minor construction projects, energy savings performance contracts, utility energy service contracts, alternative financing, and expense funding, as appropriate. 509. Domestic manufacturing Not later than 1 year after the date of enactment of this Act, the Secretary shall transmit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report on the current ability of domestic manufacturers to meet the procurement requirements for major ongoing projects funded by the Office of Science of the Department, including a calculation of the percentage of equipment acquired from domestic manufacturers for this purpose. 510. Authorization of appropriations (a) Fiscal year 2016 There are authorized to be appropriated to the Secretary for the Office of Science for fiscal year 2016 $5,339,800,000, of which— (1) $1,850,000,000 shall be for Basic Energy Science; (2) $788,000,000 shall be for High Energy Physics; (3) $550,000,000 shall be for Biological and Environmental Research; (4) $624,700,000 shall be for Nuclear Physics; (5) $621,000,000 shall be for Advanced Scientific Computing Research; (6) $488,000,000 shall be for Fusion Energy Sciences; (7) $113,600,000 shall be for Science Laboratories Infrastructure; (8) $181,000,000 shall be for Science Program Direction; (9) $103,000,000 shall be for Safeguards and Security; and (10) $20,500,000 shall be for Workforce Development for Teachers and Scientists. (b) Fiscal year 2017 There are authorized to be appropriated to the Secretary for the Office of Science for fiscal year 2017 $5,339,800,000, of which— (1) $1,850,000,000 shall be for Basic Energy Science; (2) $788,000,000 shall be for High Energy Physics; (3) $550,000,000 shall be for Biological and Environmental Research; (4) $624,700,000 shall be for Nuclear Physics; (5) $621,000,000 shall be for Advanced Scientific Computing Research; (6) $488,000,000 shall be for Fusion Energy Sciences; (7) $113,600,000 shall be for Science Laboratories Infrastructure; (8) $181,000,000 shall be for Science Program Direction; (9) $103,000,000 shall be for Safeguards and Security; and (10) $20,500,000 shall be for Workforce Development for Teachers and Scientists. 511. Definitions In this title— (1) the term Department means the Department of Energy; (2) the term Director means the Director of the Office of Science of the Department; and (3) the term Secretary means the Secretary of Energy. VI Department of Energy Applied Research and Development A Crosscutting Research and Development 601. Crosscutting research and development (a) Crosscutting research and development The Secretary shall, through the Under Secretary for Science and Energy, utilize the capabilities of the Department to identify strategic opportunities for collaborative research, development, demonstration, and commercial application of innovative science and technologies for— (1) advancing the understanding of the energy-water-land use nexus; (2) modernizing the electric grid by improving energy transmission and distribution systems security and resiliency; (3) utilizing supercritical carbon dioxide in electric power generation; (4) subsurface technology and engineering; (5) high performance computing; (6) cybersecurity; and (7) critical challenges identified through comprehensive energy studies, evaluations, and reviews. (b) Crosscutting approaches To the maximum extent practicable, the Secretary shall seek to leverage existing programs, and consolidate and coordinate activities, throughout the Department to promote collaboration and crosscutting approaches within programs. (c) Additional actions The Secretary shall— (1) prioritize activities that promote the utilization of all affordable domestic resources; (2) develop a rigorous and realistic planning, evaluation, and technical assessment framework for setting objective, long-term strategic goals and evaluating progress that ensures the integrity and independence to insulate planning from political influence and the flexibility to adapt to market dynamics; (3) ensure that activities shall be undertaken in a manner that does not duplicate other activities within the Department or other Federal Government activities; and (4) identify programs that may be more effectively left to the States, industry, nongovernmental organizations, institutions of higher education, or other stakeholders. 602. Strategic research portfolio analysis and coordination plan Section 994 of Energy Policy Act of 2005 ( 42 U.S.C. 16358 ) is amended to read as follows: 994. Strategic research portfolio analysis and coordination plan (a) In general The Secretary shall periodically review all of the science and technology activities of the Department in a strategic framework that takes into account the frontiers of science to which the Department can contribute, the national needs relevant to the Department's statutory missions, and global energy dynamics. (b) Coordination analysis and plan As part of the review under subsection (a), the Secretary shall develop a plan to improve coordination and collaboration in research, development, demonstration, and commercial application activities across Department organizational boundaries. (c) Plan contents The plan shall describe— (1) crosscutting scientific and technical issues and research questions that span more than one program or major office of the Department; (2) how the applied technology programs of the Department are coordinating their activities, and addressing those questions; (3) ways in which the technical interchange within the Department, particularly between the Office of Science and the applied technology programs, can be enhanced, including limited ways in which the research agendas of the Office of Science and the applied programs can better interact and assist each other; (4) a description of how the Secretary will ensure that the Department’s overall research agenda include, in addition to fundamental, curiosity-driven research, fundamental research related to topics of concern to the applied programs, and applications in Departmental technology programs of research results generated by fundamental, curiosity-driven research; (5) critical assessments of any ongoing programs that have experienced sub-par performance or cost over-runs of 10 percent or more over 1 or more years; (6) activities that may be more effectively left to the States, industry, nongovernmental organizations, institutions of higher education, or other stakeholders; and (7) detailed proposals for innovation hubs, institutes, and research centers prior to establishment or renewal by the Department, including— (A) certification that all hubs, institutes, and research centers will advance the mission of the Department, and prioritize research, development, and demonstration; (B) certification that the establishment or renewal of hubs, institutes, or research centers will not diminish funds available for basic research and development within the Office of Science; and (C) certification that all hubs, institutes, and research centers established or renewed within the Office of Science are consistent with the mission of the Office of Science as described in section 209(c) of the Department of Energy Organization Act ( 42 U.S.C. 7139(c) ). (d) Plan transmittal Not later than 1 year after the date of enactment of the America COMPETES Reauthorization Act of 2015 , and every 4 years thereafter, the Secretary shall transmit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Energy and Natural Resources of the Senate the results of the review under subsection (a) and the coordination plan under subsection (b). . 603. Strategy for facilities and infrastructure (a) Amendments Section 993 of the Energy Policy Act of 2005 ( 42 U.S.C. 16357 ) is amended— (1) by amending the section heading to read as follows: Strategy for facilities and infrastructure ; and (2) in subsection (b)(1), by striking 2008 and inserting 2018 . (b) Table of contents amendment The item relating to section 993 in the table of contents of the Energy Policy Act of 2005 is amended to read as follows: Sec. 993. Strategy for facilities and infrastructure. . 604. Energy Innovation Hubs (a) Authorization of program (1) In general The Secretary of Energy shall carry out a program to enhance the Nation’s economic, environmental, and energy security by making awards to consortia for establishing and operating Energy Innovation Hubs to conduct and support, whenever practicable at one centralized location, multidisciplinary, collaborative research, development, and demonstration of advanced energy technologies. (2) Technology development focus The Secretary shall designate for each Hub a unique advanced energy technology focus. (3) Coordination The Secretary shall ensure the coordination of, and avoid unnecessary duplication of, the activities of Hubs with those of other Department of Energy research entities, including the National Laboratories, the Advanced Research Projects Agency-Energy, Energy Frontier Research Centers, and within industry. (b) Consortia (1) Eligibility To be eligible to receive an award under this section for the establishment and operation of a Hub, a consortium shall— (A) be composed of no fewer than two qualifying entities; and (B) operate subject to an agreement entered into by its members that documents— (i) the proposed partnership agreement, including the governance and management structure of the Hub; (ii) measures to enable cost-effective implementation of the program under this section; (iii) a proposed budget, including financial contributions from non-Federal sources; (iv) a plan for managing intellectual property rights; and (v) an accounting structure that enables the Secretary to ensure that the consortium has complied with the requirements of this section. (2) Application A consortium seeking to establish and operate a Hub under this section, acting through a prime applicant, shall transmit to the Secretary an application at such time, in such form, and accompanied by such information as the Secretary shall require, including a detailed description of the elements of the consortium agreement required under paragraph (1)(B). If the consortium members will not be located at one centralized location, such application shall include a communications plan that ensures close coordination and integration of the Hub’s activities. (c) Selection and schedule The Secretary shall select consortia for awards for the establishment and operation of Hubs through competitive selection processes. In selecting consortia, the Secretary shall consider the information a consortium must disclose according to subsection (b), as well as any existing facilities a consortium will provide for Hub activities. Awards made to a Hub shall be for a period not to exceed 5 years, subject to the availability of appropriations, after which the award may be renewed, subject to a rigorous merit review. A Hub already in existence on the date of enactment of this Act may continue to receive support for a period of 5 years, subject to the availability of appropriations, beginning on the date of establishment of that Hub. (d) Hub operations (1) In general Each Hub shall conduct or provide for multidisciplinary, collaborative research, development, and demonstration of advanced energy technologies within the technology development focus designated under subsection (a)(2). Each Hub shall— (A) encourage collaboration and communication among the member qualifying entities of the consortium and awardees by conducting activities whenever practicable at one centralized location; (B) develop and publish on the Department of Energy’s website proposed plans and programs; (C) submit an annual report to the Secretary summarizing the Hub’s activities, including detailing organizational expenditures, and describing each project undertaken by the Hub; and (D) monitor project implementation and coordination. (2) Conflicts of interest (A) Procedures Hubs shall maintain conflict of interest procedures, consistent with those of the Department of Energy, to ensure that employees and consortia designees for Hub activities who are in decisionmaking capacities disclose all material conflicts of interest, and avoid such conflicts. (B) Disqualification and revocation The Secretary may disqualify an application or revoke funds distributed to a Hub if the Secretary discovers a failure to comply with conflict of interest procedures established under subparagraph (A). (3) Prohibition on construction (A) In general No funds provided pursuant to this section may be used for construction of new buildings or facilities for Hubs. Construction of new buildings or facilities shall not be considered as part of the non-Federal share of a Hub cost-sharing agreement. (B) Test bed and renovation exception Nothing in this subsection shall prohibit the use of funds provided pursuant to this section, or non-Federal cost share funds, for research or for the construction of a test bed or renovations to existing buildings or facilities for the purposes of research if the Secretary determines that the test bed or renovations are limited to a scope and scale necessary for the research to be conducted. (e) Termination Consistent with the existing authorities of the Department, the Secretary may terminate an underperforming Hub for cause during the performance period. (f) Definitions For purposes of this section: (1) Advanced energy technology The term advanced energy technology means— (A) an innovative technology— (i) that produces energy from solar, wind, geothermal, biomass, tidal, wave, ocean, or other renewable energy resources; (ii) that produces nuclear energy; (iii) for carbon capture and sequestration; (iv) that enables advanced vehicles, vehicle components, and related technologies that result in significant energy savings; (v) that generates, transmits, distributes, utilizes, or stores energy more efficiently than conventional technologies, including through Smart Grid technologies; or (vi) that enhances the energy independence and security of the United States by enabling improved or expanded supply and production of domestic energy resources, including coal, oil, and natural gas; (B) research, development, and demonstration activities necessary to ensure the long-term, secure, and sustainable supply of energy critical elements; or (C) another innovative energy technology area identified by the Secretary. (2) Hub The term Hub means an Energy Innovation Hub established or operating in accordance with this section, including any Energy Innovation Hub existing as of the date of enactment of this Act. (3) Qualifying entity The term qualifying entity means— (A) an institution of higher education; (B) an appropriate State or Federal entity, including the Department of Energy Federally Funded Research and Development Centers; (C) a nongovernmental organization with expertise in advanced energy technology research, development, demonstration, or commercial application; or (D) any other relevant entity the Secretary considers appropriate. B Electricity Delivery and Energy Reliability Research and Development 611. Distributed energy and electric energy systems Section 921 of the Energy Policy Act of 2005 ( 42 U.S.C. 16211 ) is amended to read as follows: 921. Distributed energy and electric energy systems (a) In general The Secretary shall carry out programs of research, development, demonstration, and commercial application on distributed energy resources and systems reliability and efficiency, to improve the reliability and efficiency of distributed energy resources and systems, integrating advanced energy technologies with grid connectivity, including activities described in this subtitle. The programs shall address advanced energy technologies and systems and advanced grid security, resiliency, and reliability technologies. (b) Objectives To the maximum extent practicable, the Secretary shall seek to— (1) leverage existing programs; (2) consolidate and coordinate activities throughout the Department to promote collaboration and crosscutting approaches; (3) ensure activities are undertaken in a manner that does not duplicate other activities within the Department or other Federal Government activities; and (4) identify programs that may be more effectively left to the States, industry, nongovernmental organizations, institutions of higher education, or other stakeholders. . 612. Electric transmission and distribution research and development (a) Amendments Section 925 of the Energy Policy Act of 2005 ( 42 U.S.C. 16215 ) is amended— (1) by amending the section heading to read as follows: Electric transmission and distribution research and development ; (2) by amending subsection (a) to read as follows: (a) Program The Secretary shall establish a comprehensive research, development, and demonstration program to ensure the reliability, efficiency, and environmental integrity of electrical transmission and distribution systems, which shall include innovations for— (1) advanced energy delivery technologies, energy storage technologies, materials, and systems; (2) advanced grid reliability and efficiency technology development; (3) technologies contributing to significant load reductions; (4) advanced metering, load management, and control technologies; (5) technologies to enhance existing grid components; (6) the development and use of high-temperature superconductors to— (A) enhance the reliability, operational flexibility, or power-carrying capability of electric transmission or distribution systems; or (B) increase the efficiency of electric energy generation, transmission, distribution, or storage systems; (7) integration of power systems, including systems to deliver high-quality electric power, electric power reliability, and combined heat and power; (8) supply of electricity to the power grid by small scale, distributed, and residential-based power generators; (9) the development and use of advanced grid design, operation, and planning tools; (10) technologies to enhance security for electrical transmission and distributions systems; and (11) any other infrastructure technologies, as appropriate. ; and (3) by amending subsection (c) to read as follows: (c) Implementation (1) Consortium The Secretary shall consider implementing the program under this section using a consortium of participants from industry, institutions of higher education, and National Laboratories. (2) Objectives To the maximum extent practicable the Secretary shall seek to— (A) leverage existing programs; (B) consolidate and coordinate activities, throughout the Department to promote collaboration and crosscutting approaches; (C) ensure activities are undertaken in a manner that does not duplicate other activities within the Department or other Federal Government activities; and (D) identify programs that may be more effectively left to the States, industry, nongovernmental organizations, institutions of higher education, or other stakeholders. . (b) Table of contents amendment The item relating to section 925 in the table of contents of the Energy Policy Act of 2005 is amended to read as follows: Sec. 925. Electric transmission and distribution research and development. . C Nuclear Energy Research and Development 621. Objectives Section 951 of the Energy Policy Act of 2005 ( 42 U.S.C. 16271 ) is amended— (1) by amending subsection (a) to read as follows: (a) In general The Secretary shall conduct programs of civilian nuclear energy research, development, demonstration, and commercial application, including activities described in this subtitle. Such programs shall take into consideration the following objectives: (1) Enhancing nuclear power's viability as part of the United States energy portfolio. (2) Reducing used nuclear fuel and nuclear waste products generated by civilian nuclear energy. (3) Supporting technological advances in areas that industry by itself is not likely to undertake because of technical and financial uncertainty. (4) Providing the technical means to reduce the likelihood of nuclear proliferation. (5) Maintaining a cadre of nuclear scientists and engineers. (6) Maintaining National Laboratory and university nuclear programs, including their infrastructure. (7) Supporting both individual researchers and multidisciplinary teams of researchers to pioneer new approaches in nuclear energy, science, and technology. (8) Developing, planning, constructing, acquiring, and operating special equipment and facilities for the use of researchers. (9) Supporting technology transfer and other appropriate activities to assist the nuclear energy industry, and other users of nuclear science and engineering, including activities addressing reliability, availability, productivity, component aging, safety, and security of nuclear power plants. (10) Reducing the environmental impact of nuclear energy-related activities. (11) Researching and developing technologies and processes to meet Federal and State requirements and standards for nuclear power systems. ; (2) by striking subsections (b) through (d); and (3) by redesignating subsection (e) as subsection (b). 622. Program objectives study Section 951 of the Energy Policy Act of 2005 ( 42 U.S.C. 16271 ) is further amended by adding at the end the following new subsection: (c) Program objectives study In furtherance of the program objectives listed in subsection (a) of this section, the Government Accountability Office shall, within 1 year after the date of enactment of this subsection, transmit to the Congress a report on the results of a study on the scientific and technical merit of major Federal and State requirements and standards, including moratoria, that delay or impede the further development and commercialization of nuclear power, and how the Department can assist in overcoming such delays or impediments. . 623. Nuclear energy research and development programs Section 952 of the Energy Policy Act of 2005 ( 42 U.S.C. 16272 ) is amended by striking subsections (c) through (e) and inserting the following: (c) Reactor concepts (1) In general The Secretary shall carry out a program of research, development, demonstration, and commercial application to advance nuclear power systems as well as technologies to sustain currently deployed systems. (2) Designs and technologies In conducting the program under this subsection, the Secretary shall examine advanced reactor designs and nuclear technologies, including those that— (A) have higher efficiency, lower cost, and improved safety compared to reactors in operation as of the date of enactment of the America COMPETES Reauthorization Act of 2015 ; (B) utilize passive safety features; (C) minimize proliferation risks; (D) substantially reduce production of high-level waste per unit of output; (E) increase the life and sustainability of reactor systems currently deployed; (F) use improved instrumentation; (G) are capable of producing large-scale quantities of hydrogen or process heat; (H) minimize water usage or use alternatives to water as a cooling mechanism; or (I) use nuclear energy as part of an integrated energy system. (3) International cooperation In carrying out the program under this subsection, the Secretary shall seek opportunities to enhance the progress of the program through international cooperation through such organizations as the Generation IV International Forum or any other international collaboration the Secretary considers appropriate. (4) Exceptions No funds authorized to be appropriated to carry out the activities described in this subsection shall be used to fund the activities authorized under sections 641 through 645. . 624. Small modular reactor program Section 952 of the Energy Policy Act of 2005 ( 42 U.S.C. 16272 ) is further amended by adding at the end the following new subsection: (d) Small modular reactor program (1) In general The Secretary shall carry out a small modular reactor program to promote research, development, demonstration, and commercial application of small modular reactors, including through cost-shared projects for commercial application of reactor systems designs. (2) Consultation The Secretary shall consult with and utilize the expertise of the Secretary of the Navy in establishing and carrying out such program. (3) Additional activities Activities may also include development of advanced computer modeling and simulation tools, by Federal and non-Federal entities, which demonstrate and validate new design capabilities of innovative small modular reactor designs. (4) Definition For the purposes of this subsection, the term small modular reactor means a nuclear reactor meeting generally accepted industry standards— (A) with a rated capacity of less than 300 electrical megawatts; (B) with respect to which most parts can be factory assembled and shipped as modules to a reactor plant site for assembly; and (C) that can be constructed and operated in combination with similar reactors at a single site. . 625. Fuel cycle research and development (a) Amendments Section 953 of the Energy Policy Act of 2005 ( 42 U.S.C. 16273 ) is amended— (1) in the section heading by striking Advanced fuel cycle initiative and inserting Fuel cycle research and development ; (2) by striking subsection (a); (3) by redesignating subsections (b) through (d) as subsections (d) through (f), respectively; and (4) by inserting before subsection (d), as so redesignated by paragraph (3) of this subsection, the following new subsections: (a) In general The Secretary shall conduct a fuel cycle research, development, demonstration, and commercial application program (referred to in this section as the program ) on fuel cycle options that improve uranium resource utilization, maximize energy generation, minimize nuclear waste creation, improve safety, mitigate risk of proliferation, and improve waste management in support of a national strategy for spent nuclear fuel and the reactor concepts research, development, demonstration, and commercial application program under section 952(c). (b) Fuel cycle options Under this section the Secretary may consider implementing the following initiatives: (1) Open cycle Developing fuels, including the use of nonuranium materials and alternate claddings, for use in reactors that increase energy generation, improve safety performance and margins, and minimize the amount of nuclear waste produced in an open fuel cycle. (2) Recycle Developing advanced recycling technologies, including advanced reactor concepts to improve resource utilization, reduce proliferation risks, and minimize radiotoxicity, decay heat, and mass and volume of nuclear waste to the greatest extent possible. (3) Advanced storage methods Developing advanced storage technologies for both onsite and long-term storage that substantially prolong the effective life of current storage devices or that substantially improve upon existing nuclear waste storage technologies and methods, including repositories. (4) Fast test reactor Investigating the potential research benefits of a fast test reactor user facility to conduct experiments on fuels and materials related to fuel forms and fuel cycles that will increase fuel utilization, reduce proliferation risks, and reduce nuclear waste products. (5) Advanced reactor innovation Developing an advanced reactor innovation testbed where national laboratories, universities, and industry can address advanced reactor design challenges to enable construction and operation of privately funded reactor prototypes to resolve technical uncertainty for United States-based designs for future domestic and international markets. (6) Other technologies Developing any other technology or initiative that the Secretary determines is likely to advance the objectives of the program. (c) Additional advanced recycling and crosscutting activities In addition to and in support of the specific initiatives described in paragraphs (1) through (5) of subsection (b), the Secretary may support the following activities: (1) Development and testing of integrated process flow sheets for advanced nuclear fuel recycling processes. (2) Research to characterize the byproducts and waste streams resulting from fuel recycling processes. (3) Research and development on reactor concepts or transmutation technologies that improve resource utilization or reduce the radiotoxicity of waste streams. (4) Research and development on waste treatment processes and separations technologies, advanced waste forms, and quantification of proliferation risks. (5) Identification and evaluation of test and experimental facilities necessary to successfully implement the advanced fuel cycle initiative. (6) Advancement of fuel cycle-related modeling and simulation capabilities. (7) Research to understand the behavior of high-burnup fuels. . (b) Conforming amendment The item relating to section 953 in the table of contents of the Energy Policy Act of 2005 is amended to read as follows: Sec. 953. Fuel cycle research and development. . 626. Nuclear energy enabling technologies program (a) Amendment Subtitle E of title IX of the Energy Policy Act of 2005 ( 42 U.S.C. 16271 et seq. ) is amended by adding at the end the following new section: 958. Nuclear energy enabling technologies (a) In general The Secretary shall conduct a program to support the integration of activities undertaken through the reactor concepts research, development, demonstration, and commercial application program under section 952(c) and the fuel cycle research and development program under section 953, and support crosscutting nuclear energy concepts. Activities commenced under this section shall be concentrated on broadly applicable research and development focus areas. (b) Activities Activities conducted under this section may include research involving— (1) advanced reactor materials; (2) advanced radiation mitigation methods; (3) advanced proliferation and security risk assessment methods; (4) advanced sensors and instrumentation; (5) high performance computation modeling, including multiphysics, multidimensional modeling simulation for nuclear energy systems, and continued development of advanced modeling simulation capabilities through national laboratory, industry, and university partnerships for operations and safety performance improvements of light water reactors for currently deployed and near-term reactors and advanced reactors and for the development of small modular reactors; and (6) any crosscutting technology or transformative concept aimed at establishing substantial and revolutionary enhancements in the performance of future nuclear energy systems that the Secretary considers relevant and appropriate to the purpose of this section. (c) Report The Secretary shall submit, as part of the annual budget submission of the Department, a report on the activities of the program conducted under this section, which shall include a brief evaluation of each activity’s progress. . (b) Conforming amendment The table of contents of the Energy Policy Act of 2005 is amended by adding at the end of the items for subtitle E of title IX the following new item: Sec. 958. Nuclear energy enabling technologies. . 627. Technical standards collaboration (a) In general The Director of the National Institute of Standards and Technology shall establish a nuclear energy standards committee (in this section referred to as the technical standards committee ) to facilitate and support, consistent with the National Technology Transfer and Advancement Act of 1995, the development or revision of technical standards for new and existing nuclear power plants and advanced nuclear technologies. (b) Membership (1) In general The technical standards committee shall include representatives from appropriate Federal agencies and the private sector, and be open to materially affected organizations involved in the development or application of nuclear energy-related standards. (2) Co-chairs The technical standards committee shall be co-chaired by a representative from the National Institute of Standards and Technology and a representative from a private sector standards organization. (c) Duties The technical standards committee shall, in cooperation with appropriate Federal agencies— (1) perform a needs assessment to identify and evaluate the technical standards that are needed to support nuclear energy, including those needed to support new and existing nuclear power plants and advanced nuclear technologies, including developing the technical basis for regulatory frameworks for advanced reactors; (2) formulate, coordinate, and recommend priorities for the development of new technical standards and the revision of existing technical standards to address the needs identified under paragraph (1); (3) facilitate and support collaboration and cooperation among standards developers to address the needs and priorities identified under paragraphs (1) and (2); (4) as appropriate, coordinate with other national, regional, or international efforts on nuclear energy-related technical standards in order to avoid conflict and duplication and to ensure global compatibility; and (5) promote the establishment and maintenance of a database of nuclear energy-related technical standards. (d) Authorization of appropriations To the extent provided for in advance by appropriations Acts, the Secretary may transfer to the Director of the National Institute of Standards and Technology not to exceed $1,000,000 for fiscal year 2016 for the Secretary of Commerce to carry out this section from amounts appropriated for nuclear energy research and development within the Nuclear Energy Enabling Technologies account for the Department. 628. Available facilities database The Secretary shall prepare a database of non-Federal user facilities receiving Federal funds that may be used for unclassified nuclear energy research. The Secretary shall make this database accessible on the Department’s website. D Energy Efficiency and Renewable Energy Research and Development 641. Energy efficiency Section 911 of the Energy Policy Act of 2005 ( 42 U.S.C. 16191 ) is amended to read as follows: 911. Energy efficiency (a) Objectives The Secretary shall conduct programs of energy efficiency research, development, demonstration, and commercial application, including activities described in this subtitle. Such programs shall prioritize activities that industry by itself is not likely to undertake because of technical challenges or regulatory uncertainty, and take into consideration the following objectives: (1) Increasing energy efficiency. (2) Reducing the cost of energy. (3) Reducing the environmental impact of energy-related activities. (b) Programs Programs under this subtitle shall include research, development, demonstration, and commercial application of— (1) innovative, affordable technologies to improve the energy efficiency and environmental performance of vehicles, including weight and drag reduction technologies, technologies, modeling, and simulation for increasing vehicle connectivity and automation, and whole-vehicle design optimization; (2) cost-effective technologies, for new construction and retrofit, to improve the energy efficiency and environmental performance of buildings, using a whole-buildings approach; (3) advanced technologies to improve the energy efficiency, environmental performance, and process efficiency of energy-intensive and waste-intensive industries; (4) technologies to improve the energy efficiency of appliances and mechanical systems for buildings in extreme climates, including cogeneration, trigeneration, and polygeneration units; (5) advanced battery technologies; and (6) fuel cell and hydrogen technologies. . 642. Next Generation Lighting Initiative Section 912 of the Energy Policy Act of 2005 ( 42 U.S.C. 16192 ) and the item relating thereto in the table of contents of that Act are repealed. 643. Building standards Section 914 of the Energy Policy Act of 2005 ( 42 U.S.C. 16194 ) is amended by striking subsection (c). 644. Secondary electric vehicle battery use program Section 915 of the Energy Policy Act of 2005 ( 42 U.S.C. 16195 ) and the item relating thereto in the table of contents of that Act are repealed. 645. Network for Manufacturing Innovation Program To the extent provided for in advance by appropriations Acts, the Secretary may transfer to the National Institute of Standards and Technology up to $150,000,000 for the period encompassing fiscal years 2015 through 2017 from amounts appropriated for advanced manufacturing research and development under this subtitle (and the amendments made by this subtitle) for the Secretary of Commerce to carry out the Network for Manufacturing Innovation Program authorized under section 34 of the National Institute of Standards and Technology Act ( 15 U.S.C. 278s ). 646. Advanced Energy Technology Transfer Centers Section 917 of the Energy Policy Act of 2005 ( 42 U.S.C. 16197 ) is amended— (1) in subsection (a)— (A) by inserting and at the end of paragraph (2)(B); (B) by striking ; and at the end of paragraph (3) and inserting a period; and (C) by striking paragraph (4); (2) in subsection (b)— (A) by striking paragraph (1); (B) by redesignating paragraphs (2) through (5) as paragraphs (1) through (4), respectively; and (C) by striking paragraph (6); (3) by amending subsection (g) to read as follows: (g) Prohibition None of the funds awarded under this section may be used for the construction of facilities or the deployment of commercially available technologies. ; and (4) by striking subsection (i). 647. Renewable energy Section 931 of the Energy Policy Act of 2005 ( 42 U.S.C. 16231 ) is amended to read as follows: 931. Renewable energy (a) In General (1) Objectives The Secretary shall conduct programs of renewable energy research, development, demonstration, and commercial application, including activities described in this subtitle. Such programs shall prioritize discovery research and development and take into consideration the following objectives: (A) Increasing the conversion efficiency of all forms of renewable energy through improved technologies. (B) Decreasing the cost of renewable energy generation and delivery. (C) Promoting the diversity of the energy supply. (D) Decreasing the dependence of the United States on foreign mineral resources. (E) Decreasing the environmental impact of renewable energy-related activities. (F) Increasing the export of renewable generation technologies from the United States. (2) Programs (A) Solar energy The Secretary shall conduct a program of research, development, demonstration, and commercial application for solar energy, including innovations in— (i) photovoltaics; (ii) solar heating; (iii) concentrating solar power; (iv) lighting systems that integrate sunlight and electrical lighting in complement to each other; and (v) development of technologies that can be easily integrated into new and existing buildings. (B) Wind energy The Secretary shall conduct a program of research, development, demonstration, and commercial application for wind energy, including innovations in— (i) low speed wind energy; (ii) testing and verification technologies; (iii) distributed wind energy generation; and (iv) transformational technologies for harnessing wind energy. (C) Geothermal The Secretary shall conduct a program of research, development, demonstration, and commercial application for geothermal energy, including technologies for— (i) improving detection of geothermal resources; (ii) decreasing drilling costs; (iii) decreasing maintenance costs through improved materials; (iv) increasing the potential for other revenue sources, such as mineral production; and (v) increasing the understanding of reservoir life cycle and management. (D) Hydropower The Secretary shall conduct a program of research, development, demonstration, and commercial application for technologies that enable the development of new and incremental hydropower capacity, including: (i) Advanced technologies to enhance environmental performance and yield greater energy efficiencies. (ii) Ocean energy, including wave energy. (E) Miscellaneous projects The Secretary shall conduct research, development, demonstration, and commercial application programs for— (i) the combined use of renewable energy technologies with one another and with other energy technologies, including the combined use of renewable power and fossil technologies; (ii) renewable energy technologies for cogeneration of hydrogen and electricity; and (iii) kinetic hydro turbines. (b) Rural Demonstration Projects In carrying out this section, the Secretary, in consultation with the Secretary of Agriculture, shall give priority to demonstrations that assist in delivering electricity to rural and remote locations including— (1) advanced renewable power technology, including combined use with fossil technologies; (2) biomass; and (3) geothermal energy systems. (c) Analysis and Evaluation (1) In general The Secretary shall conduct analysis and evaluation in support of the renewable energy programs under this subtitle. These activities shall be used to guide budget and program decisions, and shall include— (A) economic and technical analysis of renewable energy potential, including resource assessment; (B) analysis of past program performance, both in terms of technical advances and in market introduction of renewable energy; (C) assessment of domestic and international market drivers, including the impacts of any Federal, State, or local grants, loans, loan guarantees, tax incentives, statutory or regulatory requirements, or other government initiatives; and (D) any other analysis or evaluation that the Secretary considers appropriate. (2) Funding The Secretary may designate up to 1 percent of the funds appropriated for carrying out this subtitle for analysis and evaluation activities under this subsection. (3) Submittal to congress This analysis and evaluation shall be submitted to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Energy and Natural Resources of the Senate at least 30 days before each annual budget request is submitted to Congress. . 648. Bioenergy program Section 932 of the Energy Policy Act of 2005 ( 42 U.S.C. 16232 ) is amended to read as follows: 932. Bioenergy program (a) Program The Secretary shall conduct a program of research, development, demonstration, and commercial application for bioenergy, including innovations in— (1) biopower energy systems; (2) biofuels; (3) bioproducts; (4) integrated biorefineries that may produce biopower, biofuels, and bioproducts; and (5) crosscutting research and development in feedstocks. (b) Biofuels and Bioproducts The goals of the biofuels and bioproducts programs shall be to develop, in partnership with industry and institutions of higher education— (1) advanced biochemical and thermochemical conversion technologies capable of making fuels from lignocellulosic feedstocks that are price-competitive with fossil-based fuels and fully compatible with either internal combustion engines or fuel cell-powered vehicles; (2) advanced conversion of biomass to biofuels and bioproducts as part of integrated biorefineries based on either biochemical processes, thermochemical processes, or hybrids of these processes; and (3) other advanced processes that will enable the development of cost-effective bioproducts, including biofuels. (c) Retrofit Technologies for the Development of Ethanol From Cellulosic Materials The Secretary shall establish a program of research, development, demonstration, and commercial application for technologies and processes to enable biorefineries that exclusively use corn grain or corn starch as a feedstock to produce ethanol to be retrofitted to accept a range of biomass, including lignocellulosic feedstocks. (d) Limitations None of the funds authorized for carrying out this section may be used to fund commercial biofuels production for defense purposes. (e) Definitions In this section: (1) Biomass The term biomass means— (A) any organic material grown for the purpose of being converted to energy; (B) any organic byproduct of agriculture (including wastes from food production and processing) that can be converted into energy; or (C) any waste material that can be converted to energy, is segregated from other waste materials, and is derived from— (i) any of the following forest-related resources: mill residues, precommercial thinnings, slash, brush, or otherwise nonmerchantable material; (ii) wood waste materials, including waste pallets, crates, dunnage, manufacturing and construction wood wastes (other than pressure-treated, chemically treated, or painted wood wastes), and landscape or right-of-way tree trimmings, but not including municipal solid waste, gas derived from the biodegradation of municipal solid waste, or paper that is commonly recycled; or (iii) solids derived from waste water treatment processes. (2) Lignocellulosic feedstock The term lignocellulosic feedstock means any portion of a plant or coproduct from conversion, including crops, trees, forest residues, grasses, and agricultural residues not specifically grown for food, including from barley grain, grapeseed, rice bran, rice hulls, rice straw, soybean matter, cornstover, and sugarcane bagasse. . 649. Concentrating solar power research program Section 934 of the Energy Policy Act of 2005 ( 42 U.S.C. 16234 ) and the item relating thereto in the table of contents of that Act are repealed. 650. Renewable energy in public buildings Section 935 of the Energy Policy Act of 2005 ( 42 U.S.C. 16235 ) and the item relating thereto in the table of contents of that Act are repealed. E Fossil Energy Research and Development 661. Fossil energy Section 961 of Energy Policy Act of 2005 ( 42 U.S.C. 16291 ) is amended to read as follows: 961. Fossil energy (a) In general The Secretary shall carry out research, development, demonstration, and commercial application programs in fossil energy, including activities under this subtitle, with the goal of improving the efficiency, effectiveness, and environmental performance of fossil energy production, upgrading, conversion, and consumption. Such programs shall take into consideration the following objectives: (1) Increasing the energy conversion efficiency of all forms of fossil energy through improved technologies. (2) Decreasing the cost of all fossil energy production, generation, and delivery. (3) Promoting diversity of energy supply. (4) Decreasing the dependence of the United States on foreign energy supplies. (5) Decreasing the environmental impact of energy-related activities. (6) Increasing the export of fossil energy-related equipment, technology, and services from the United States. (b) Objectives To the maximum extent practicable, the Secretary shall seek to— (1) leverage existing programs; (2) consolidate and coordinate activities throughout the Department to promote collaboration and crosscutting approaches; (3) ensure activities are undertaken in a manner that does not duplicate other activities within the Department or other Federal Government activities; and (4) identify programs that may be more effectively left to the States, industry, nongovernmental organizations, institutions of higher education, or other stakeholders. (c) Limitations (1) Uses None of the funds authorized for carrying out this section may be used for Fossil Energy Environmental Restoration. (2) Institutions of higher education Not less than 20 percent of the funds appropriated for carrying out section 964 of this Act for each fiscal year shall be dedicated to research and development carried out at institutions of higher education. (3) Use for regulatory assessments or determinations The results of any research, development, demonstration, or commercial application projects or activities of the Department authorized under this subtitle may not be used for regulatory assessments or determinations by Federal regulatory authorities. (d) Assessments (1) Constraints against bringing resources to market Not later than 1 year after the date of enactment of the America COMPETES Reauthorization Act of 2015 , the Secretary shall transmit to Congress an assessment of the technical, institutional, policy, and regulatory constraints to bringing new domestic fossil resources to market. (2) Technology capabilities Not later than 2 years after the date of enactment of the America COMPETES Reauthorization Act of 2015 , the Secretary shall transmit to Congress a long-term assessment of existing and projected technological capabilities for expanded production from domestic unconventional oil, gas, and methane reserves. . 662. Coal research, development, demonstration, and commercial application programs (a) In general Section 962 of the Energy Policy Act of 2005 ( 42 U.S.C. 16292 ) is amended— (1) in subsection (a)— (A) in paragraph (10), by striking and at the end; (B) in paragraph (11), by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following: (12) specific additional programs to address water use and reuse; (13) the testing, including the construction of testing facilities, of high temperature materials for use in advanced systems for combustion or use of coal; and (14) innovations to application of existing coal conversion systems designed to increase efficiency of conversion, flexibility of operation, and other modifications to address existing usage requirements. ; (2) by redesignating subsections (b) through (d) as subsections (c) through (e), respectively; (3) by inserting after subsection (a) the following: (b) Transformational coal technology program (1) In general As part of the program established under subsection (a), the Secretary may carry out a program designed to undertake research, development, demonstration, and commercial application of technologies, including the accelerated development of— (A) chemical looping technology; (B) supercritical carbon dioxide power generation cycles; (C) pressurized oxycombustion, including new and retrofit technologies; and (D) other technologies that are characterized by the use of— (i) alternative energy cycles; (ii) thermionic devices using waste heat; (iii) fuel cells; (iv) replacement of chemical processes with biotechnology; (v) nanotechnology; (vi) new materials in applications (other than extending cycles to higher temperature and pressure), such as membranes or ceramics; (vii) carbon utilization, such as in construction materials, using low quality energy to reconvert back to a fuel, or manufactured food; (viii) advanced gas separation concepts; and (ix) other technologies, including— (I) modular, manufactured components; and (II) innovative production or research techniques, such as using 3–D printer systems, for the production of early research and development prototypes. (2) Cost share In carrying out the program described in paragraph (1), the Secretary shall enter into partnerships with private entities to share the costs of carrying out the program. The Secretary may reduce the non-Federal cost share requirement if the Secretary determines that the reduction is necessary and appropriate considering the technological risks involved in the project. ; and (4) in subsection (c) (as so redesignated) by striking paragraph (1) and inserting the following: (1) In general In carrying out programs authorized by this section, the Secretary shall identify cost and performance goals for coal-based technologies that would permit the continued cost-competitive use of coal for the production of electricity, chemical feedstocks, transportation fuels, and other marketable products. . (b) Advisory committee; authorization of appropriations Section 963 of the Energy Policy Act of 2005 ( 42 U.S.C. 16293 ) is amended— (1) by amending paragraph (6) of subsection (c) to read as follows: (6) Advisory committee (A) In general Subject to subparagraph (B), the Secretary shall establish an advisory committee to undertake, not less frequently than once every 3 years, a review and prepare a report on the progress being made by the Department of Energy to achieve the goals described in subsections (a) and (b) of section 962 and subsection (b) of this section. (B) Membership requirements Members of the advisory committee established under subparagraph (A) shall be appointed by the Secretary, except that three members shall be appointed by the Speaker of the House of Representatives and two members shall be appointed by the Majority Leader of the Senate. The total number of members of the advisory committee shall be 15. ; and (2) by amending subsection (d) to read as follows: (d) Study of carbon dioxide pipelines Not later than 1 year after the date of enactment of the America COMPETES Reauthorization Act of 2015 , the Secretary shall transmit to Congress the results of a study to assess the cost and feasibility of engineering, permitting, building, maintaining, regulating, and insuring a national system of carbon dioxide pipelines. . 663. High efficiency gas turbines research and development (a) In general The Secretary, through the Office of Fossil Energy, shall carry out a multiyear, multiphase program of research, development, demonstration, and commercial application to innovate technologies to maximize the efficiency of gas turbines used in power generation systems. (b) Program elements The program under this section shall— (1) support innovative engineering and detailed gas turbine design for megawatt-scale and utility-scale electric power generation, including— (A) high temperature materials, including superalloys, coatings, and ceramics; (B) improved heat transfer capability; (C) manufacturing technology required to construct complex three-dimensional geometry parts with improved aerodynamic capability; (D) combustion technology to produce higher firing temperature while lowering nitrogen oxide and carbon monoxide emissions per unit of output; (E) advanced controls and systems integration; (F) advanced high performance compressor technology; and (G) validation facilities for the testing of components and subsystems; (2) include technology demonstration through component testing, subscale testing, and full scale testing in existing fleets; (3) include field demonstrations of the developed technology elements so as to demonstrate technical and economic feasibility; and (4) assess overall combined cycle and simple cycle system performance. (c) Program goals The goals of the multiphase program established under subsection (a) shall be— (1) in phase I— (A) to develop the conceptual design of advanced high efficiency gas turbines that can achieve at least 62 percent combined cycle efficiency or 47 percent simple cycle efficiency on a lower heating value basis; and (B) to develop and demonstrate the technology required for advanced high efficiency gas turbines that can achieve at least 62 percent combined cycle efficiency or 47 percent simple cycle efficiency on a lower heating value basis; and (2) in phase II, to develop the conceptual design for advanced high efficiency gas turbines that can achieve at least 65 percent combined cycle efficiency or 50 percent simple cycle efficiency on a lower heating value basis. (d) Proposals Within 180 days after the date of enactment of this Act, the Secretary shall solicit grant and contract proposals from industry, small businesses, universities, and other appropriate parties for conducting activities under this section. In selecting proposals, the Secretary shall emphasize— (1) the extent to which the proposal will stimulate the creation or increased retention of jobs in the United States; and (2) the extent to which the proposal will promote and enhance United States technology leadership. (e) Competitive Awards The provision of funding under this section shall be on a competitive basis with an emphasis on technical merit. (f) Cost sharing Section 988 of the Energy Policy Act of 2005 ( 42 U.S.C. 16352 ) shall apply to an award of financial assistance made under this section. F Advanced Research Projects Agency–Energy 671. ARPA–E amendments Section 5012 of the America COMPETES Act ( 42 U.S.C. 16538 ) is amended— (1) by amending paragraph (1) of subsection (c) to read as follows: (1) In general The goals of ARPA–E shall be to enhance the economic and energy security of the United States and to ensure that the United States maintains a technological lead through the development of advanced energy technologies. ; (2) in subsection (i)(1), by inserting ARPA–E shall 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. after relevant research agencies. ; (3) in subsection (l)(1), by inserting and once every 6 years thereafter, after operation for 6 years, ; and (4) by redesignating subsection (n) as subsection (o) and inserting after subsection (m) the following new subsection: (n) Protection of proprietary information (1) In general The following categories of information collected by the Advanced Research Projects Agency–Energy from recipients of financial assistance awards shall be considered privileged and confidential and not subject to disclosure pursuant to section 552 of title 5, United States Code: (A) Plans for commercialization of technologies developed under the award, including business plans, technology to market plans, market studies, and cost and performance models. (B) Investments provided to an awardee from third parties, such as venture capital, hedge fund, or private equity firms, including amounts and percentage of ownership of the awardee provided in return for such investments. (C) Additional financial support that the awardee plans to invest or has invested into the technology developed under the award, or that the awardee is seeking from third parties. (D) Revenue from the licensing or sale of new products or services resulting from the research conducted under the award. (2) Effect of subsection Nothing in this subsection affects— (A) the authority of the Secretary to use information without publicly disclosing such information; or (B) the responsibility of the Secretary to transmit information to Congress as required by law. . G Authorization of appropriations 681. Authorization of appropriations (a) Electricity Delivery and Energy Reliability Research and Development There are authorized to be appropriated to the Secretary for research, development, demonstration, and commercial application for electrical delivery and energy reliability technology activities within the Office of Electricity $113,000,000 for each of fiscal years 2016 and 2017. (b) Nuclear energy (1) In general There are authorized to be appropriated to the Secretary for research, development, demonstration, and commercial application for nuclear energy technology activities within the Office of Nuclear Energy $504,600,000 for each of fiscal years 2016 and 2017. (2) Limitation Any amounts made available pursuant to the authorization of appropriations under paragraph (1) shall not be derived from the Nuclear Waste Fund established under section 302(c) of the Nuclear Waste Policy Act of 1982 ( 42 U.S.C. 10222(c) ). (c) Energy efficiency and renewable energy There are authorized to be appropriated to the Secretary for research, development, demonstration, and commercial application for energy efficiency and renewable energy technology activities within the Office of Energy Efficiency and Renewable Energy $1,193,500,000 for each of fiscal years 2016 and 2017. (d) Fossil energy There are authorized to be appropriated to the Secretary for research, development, demonstration, and commercial application for fossil energy technology activities within the Office of Fossil Energy $605,000,000 for each of fiscal years 2016 and 2017. (e) ARPA–E There are authorized to be appropriated to the Secretary for the Advanced Research Projects Agency–Energy $140,000,000 for each of fiscal years 2016 and 2017. H Definitions 691. Definitions In this title— (1) the term Department means the Department of Energy; and (2) the term Secretary means the Secretary of Energy. VII Department of Energy Technology Transfer A In General 701. Definitions In this title: (1) Department The term Department means the Department of Energy. (2) National Laboratory The term National Laboratory means a Department of Energy nonmilitary national laboratory, including— (A) Ames Laboratory; (B) Argonne National Laboratory; (C) Brookhaven National Laboratory; (D) Fermi National Accelerator Laboratory; (E) Idaho National Laboratory; (F) Lawrence Berkeley National Laboratory; (G) National Energy Technology Laboratory; (H) National Renewable Energy Laboratory; (I) Oak Ridge National Laboratory; (J) Pacific Northwest National Laboratory; (K) Princeton Plasma Physics Laboratory; (L) Savannah River National Laboratory; (M) Stanford Linear Accelerator Center; (N) Thomas Jefferson National Accelerator Facility; and (O) any laboratory operated by the National Nuclear Security Administration, but only with respect to the civilian energy activities thereof. (3) Secretary The term Secretary means the Secretary of Energy. 702. Savings clause Nothing in this title or an amendment made by this title abrogates or otherwise affects the primary responsibilities of any National Laboratory to the Department. B Innovation Management at Department of Energy 712. Technology transfer and transitions assessment Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Secretary shall transmit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report which shall include— (1) an assessment of the Department’s current ability to carry out the goals of section 1001 of the Energy Policy Act of 2005 ( 42 U.S.C. 16391 ), including an assessment of the role and effectiveness of the Director of the Office of Technology Transitions; and (2) recommended departmental policy changes and legislative changes to section 1001 of the Energy Policy Act of 2005 ( 42 U.S.C. 16391 ) to improve the Department’s ability to successfully transfer new energy technologies to the private sector. 713. Sense of Congress It is the sense of the Congress that the Secretary should encourage the National Laboratories and federally funded research and development centers to inform small businesses of the opportunities and resources that exist pursuant to this title. 714. Nuclear energy innovation 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 transmit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report assessing the Department’s capabilities to authorize, host, and oversee privately funded fusion and non-light water reactor prototypes and related demonstration facilities at Department-owned sites. For purposes of this report, the Secretary shall consider the Department’s capabilities to facilitate privately-funded prototypes up to 20 megawatts thermal output. The report shall address the following: (1) The Department’s safety review and oversight capabilities. (2) Potential sites capable of hosting research, development, and demonstration of prototype reactors and related facilities for the purpose of reducing technical risk. (3) The Department’s and National Laboratories’ existing physical and technical capabilities relevant to research, development, and oversight. (4) The efficacy of the Department’s available contractual mechanisms, including cooperative research and development agreements, work for others agreements, and agreements for commercializing technology. (5) Potential cost structures related to physical security, decommissioning, liability, and other long-term project costs. (6) Other challenges or considerations identified by the Secretary, including issues related to potential cases of demonstration reactors up to 2 gigawatts of thermal output. C Cross-Sector Partnerships and Grant Competitiveness 721. Agreements for Commercializing Technology pilot program (a) In general The Secretary shall carry out the Agreements for Commercializing Technology pilot program of the Department, as announced by the Secretary on December 8, 2011, in accordance with this section. (b) Terms Each agreement entered into pursuant to the pilot program referred to in subsection (a) shall provide to the contractor of the applicable National Laboratory, to the maximum extent determined to be appropriate by the Secretary, increased authority to negotiate contract terms, such as intellectual property rights, payment structures, performance guarantees, and multiparty collaborations. (c) Eligibility (1) In general Any director of a National Laboratory may enter into an agreement pursuant to the pilot program referred to in subsection (a). (2) Agreements with non-Federal entities To carry out paragraph (1) and subject to paragraph (3), the Secretary shall permit the directors of the National Laboratories to execute agreements with a non-Federal entity, including a non-Federal entity already receiving Federal funding that will be used to support activities under agreements executed pursuant to paragraph (1), provided that such funding is solely used to carry out the purposes of the Federal award. (3) Restriction The requirements of chapter 18 of title 35, United States Code (commonly known as the Bayh-Dole Act ) shall apply if— (A) the agreement is a funding agreement (as that term is defined in section 201 of that title); and (B) at least one of the parties to the funding agreement is eligible to receive rights under that chapter. (d) Submission to Secretary Each affected director of a National Laboratory shall submit to the Secretary, with respect to each agreement entered into under this section— (1) a summary of information relating to the relevant project; (2) the total estimated costs of the project; (3) estimated commencement and completion dates of the project; and (4) other documentation determined to be appropriate by the Secretary. (e) Certification The Secretary shall require the contractor of the affected National Laboratory to certify that each activity carried out under a project for which an agreement is entered into under this section— (1) is not in direct competition with the private sector; and (2) does not present, or minimizes, any apparent conflict of interest, and avoids or neutralizes any actual conflict of interest, as a result of the agreement under this section. (f) Extension The pilot program referred to in subsection (a) shall be extended until October 31, 2017. (g) Reports (1) Overall assessment Not later than 60 days after the date described in subsection (f), the Secretary, in coordination with directors of the National Laboratories, shall submit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report that— (A) assesses the overall effectiveness of the pilot program referred to in subsection (a); (B) identifies opportunities to improve the effectiveness of the pilot program; (C) assesses the potential for program activities to interfere with the responsibilities of the National Laboratories to the Department; and (D) provides a recommendation regarding the future of the pilot program. (2) Transparency The Secretary, in coordination with directors of the National Laboratories, shall submit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Energy and Natural Resources of the Senate an annual report that accounts for all incidences of, and provides a justification for, non-Federal entities using funds derived from a Federal contract or award to carry out agreements pursuant to this section. 722. Public-private partnerships for commercialization (a) In general Subject to subsections (b) and (c), the Secretary shall delegate to directors of the National Laboratories signature authority with respect to any agreement described in subsection (b) the total cost of which (including the National Laboratory contributions and project recipient cost share) is less than $1 million. (b) Agreements Subsection (a) applies to— (1) a cooperative research and development agreement; (2) a non-Federal work-for-others agreement; and (3) any other agreement determined to be appropriate by the Secretary, in collaboration with the directors of the National Laboratories. (c) Administration (1) Accountability The director of the affected National Laboratory and the affected contractor shall carry out an agreement under this section in accordance with applicable policies of the Department, including by ensuring that the agreement does not compromise any national security, economic, or environmental interest of the United States. (2) Certification The director of the affected National Laboratory and the affected contractor shall certify that each activity carried out under a project for which an agreement is entered into under this section does not present, or minimizes, any apparent conflict of interest, and avoids or neutralizes any actual conflict of interest, as a result of the agreement under this section. (3) Availability of records On entering an agreement under this section, the director of a National Laboratory shall submit to the Secretary for monitoring and review all records of the National Laboratory relating to the agreement. (4) Rates The director of a National Laboratory may charge higher rates for services performed under a partnership agreement entered into pursuant to this section, regardless of the full cost of recovery, if such funds are used exclusively to support further research and development activities at the respective National Laboratory. (d) Exception This section does not apply to any agreement with a majority foreign-owned company. (e) Conforming amendment Section 12 of the Stevenson-Wydler Technology Innovation Act of 1980 ( 15 U.S.C. 3710a ) is amended— (1) in subsection (a)— (A) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and indenting the subparagraphs appropriately; (B) by striking Each Federal agency and inserting the following: (1) In general Except as provided in paragraph (2), each Federal agency ; and (C) by adding at the end the following: (2) Exception Notwithstanding paragraph (1), in accordance with section 722(a) of the America COMPETES Reauthorization Act of 2015 , approval by the Secretary of Energy shall not be required for any technology transfer agreement proposed to be entered into by a National Laboratory of the Department of Energy, the total cost of which (including the National Laboratory contributions and project recipient cost share) is less than $1 million. ; and (2) in subsection (b), by striking subsection (a)(1) each place it appears and inserting subsection (a)(1)(A) . 723. 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 by— (1) redesignating subsection (g) as subsection (h); and (2) 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 pre-commercial 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. . 724. Funding competitiveness for institutions of higher education and other nonprofit institutions Section 988(b) of the Energy Policy Act of 2005 ( 42 U.S.C. 16352(b) ) is amended— (1) in paragraph (1), by striking Except as provided in paragraphs (2) and (3) and inserting Except as provided in paragraphs (2), (3), and (4) ; and (2) by adding at the end the following: (4) Exemption for institutions of higher education and other nonprofit institutions (A) In general Paragraph (1) shall not apply to a research or development activity performed by an institution of higher education or nonprofit institution (as defined in section 4 of the Stevenson-Wydler Technology Innovation Act of 1980 ( 15 U.S.C. 3703 )). (B) Termination date The exemption under subparagraph (A) shall apply during the 6-year period beginning on the date of enactment of this paragraph. . 725. Participation in the Innovation Corps program The Secretary may enter into an agreement with the Director of the National Science Foundation to enable researchers funded by the Department to participate in the National Science Foundation Innovation Corps program. D Assessment of Impact 731. Report by Government Accountability Office Not later than 3 years after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a report— (1) describing the results of the projects developed under sections 721, 722, and 723, including information regarding— (A) partnerships initiated as a result of those projects and the potential linkages presented by those partnerships with respect to national priorities and other taxpayer-funded research; and (B) whether the activities carried out under those projects result in— (i) fiscal savings; (ii) expansion of National Laboratory capabilities; (iii) increased efficiency of technology transfers; or (iv) an increase in general efficiency of the National Laboratory system; and (2) assess the scale, scope, efficacy, and impact of the Department’s efforts to promote technology transfer and private sector engagement at the National Laboratories, and make recommendations on how the Department can improve these activities. XXXIII Nuclear Energy Innovation Capabilities 3301. Short title This title may be cited as the Nuclear Energy Innovation Capabilities Act . 3302. Nuclear energy Section 951 of the Energy Policy Act of 2005 ( 42 U.S.C. 16271 ) is amended to read as follows: 951. Nuclear energy (a) Mission The Secretary shall conduct programs of civilian nuclear research, development, demonstration, and commercial application, including activities in this subtitle. Such programs shall take into consideration the following objectives: (1) Providing research infrastructure to promote scientific progress and 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 National Laboratory and university nuclear energy research and development programs, including their infrastructure. (3) Providing the technical means to reduce the likelihood of nuclear weapons proliferation and increasing confidence margins for public safety of nuclear energy systems. (4) Reducing the environmental impact of nuclear energy related activities. (5) Supporting technology transfer from the National Laboratories to the private sector. (6) 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 aforementioned objectives in this subsection. (b) Definitions In this subtitle: (1) Advanced nuclear reactor The term advanced nuclear reactor means— (A) a nuclear fission reactor with significant improvements over the most recent generation of nuclear fission reactors, which may include inherent safety features, lower waste yields, greater fuel utilization, superior reliability, resistance to proliferation, and increased thermal efficiency; or (B) a nuclear fusion reactor. (2) Fast neutron The term fast neutron means a neutron with kinetic energy above 100 kiloelectron volts. (3) National laboratory The term National Laboratory has the meaning given that term in paragraph (3) of section 2, except that with respect to subparagraphs (G), (H), and (N) of such paragraph, for purposes of this subtitle the term includes only the civilian activities thereof. (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 research on materials sciences and nuclear physics as well as testing of advanced materials, nuclear fuels, and other related components for reactor systems. . 3303. Nuclear energy research programs Section 952 of the Energy Policy Act of 2005 ( 42 U.S.C. 16272 ) is amended— (1) by striking subsection (c); and (2) by redesignating subsections (d) and (e) as subsections (c) and (d), respectively. 3304. Advanced fuel cycle initiative Section 953(a) of the Energy Policy Act of 2005 ( 42 U.S.C. 16273(a) ) is amended by striking , acting through the Director of the Office of Nuclear Energy, Science and Technology, . 3305. University nuclear science and engineering support Section 954(d)(4) of the Energy Policy Act of 2005 ( 42 U.S.C. 16274(d)(4) ) is amended by striking as part of a taking into consideration effort that emphasizes and inserting that emphasize . 3306. Department of Energy civilian nuclear infrastructure and facilities Section 955 of the Energy Policy Act of 2005 ( 42 U.S.C. 16275 ) is amended— (1) by striking subsections (c) and (d); and (2) by adding at the end the following: (c) Versatile neutron source (1) Mission need 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. During this process, the Secretary shall consult with the private sector, universities, National Laboratories, and relevant Federal agencies to ensure that this user facility will meet the research needs of the largest possible majority of prospective users. (2) Establishment Upon the determination of mission need made under paragraph (1), the Secretary shall, as expeditiously as possible, provide to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a detailed plan for the establishment of the user facility. (3) Facility requirements (A) Capabilities The Secretary shall ensure that this user facility will provide, at a minimum, the following capabilities: (i) Fast neutron spectrum irradiation capability. (ii) Capacity for upgrades to accommodate new or expanded research needs. (B) Considerations In carrying out the plan provided under paragraph (2), the Secretary shall consider the following: (i) Capabilities that support experimental high-temperature testing. (ii) Providing a source of fast neutrons at a neutron flux, higher than that at which current research facilities operate, 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. (vi) Additional pre-irradiation and post-irradiation examination capabilities. (vii) Lifetime operating costs and lifecycle costs. (4) Reporting progress The Department shall, in its annual budget requests, provide an explanation for any delay in its progress and otherwise make every effort to complete construction and approve the start of operations for this facility by December 31, 2025. (5) Coordination The Secretary shall leverage the best practices for management, construction, and operation of national user facilities from the Office of Science. . 3307. Security of nuclear facilities Section 956 of the Energy Policy Act of 2005 ( 42 U.S.C. 16276 ) is amended by striking , acting through the Director of the Office of Nuclear Energy, Science and Technology, . 3308. High-performance computation and supportive research Section 957 of the Energy Policy Act of 2005 ( 42 U.S.C. 16277 ) is amended to read as follows: 957. High-performance computation and supportive research (a) Modeling and simulation The Secretary shall carry out a program to enhance the Nation’s capabilities to develop new reactor technologies through high-performance computation modeling and simulation techniques. This program shall coordinate with relevant Federal agencies through the National Strategic Computing Initiative created under Executive Order No. 13702 (July 29, 2015) while taking into account the following objectives: (1) Utilizing expertise from the private sector, universities, and National Laboratories to develop computational software and capabilities that prospective users may access to accelerate research and development of advanced nuclear reactor systems, and reactor systems for space exploration. (2) Developing computational tools to simulate and predict nuclear phenomena that may be validated through physical experimentation. (3) Increasing the utility of the Department’s research infrastructure by coordinating with the Advanced Scientific Computing Research program within the Office of Science. (4) Leveraging experience from the Energy Innovation Hub for Modeling and Simulation. (5) Ensuring that new experimental and computational tools are accessible to relevant research communities. (b) Supportive research activities The Secretary shall consider support for additional research activities to maximize the utility of its research facilities, including physical processes to simulate degradation of materials and behavior of fuel forms and for validation of computational tools. . 3309. Enabling nuclear energy innovation Subtitle E of title IX of the Energy Policy Act of 2005 ( 42 U.S.C. 16271 et seq. ) is amended by adding at the end the following: 958. Enabling nuclear energy innovation (a) National reactor innovation center The Secretary shall carry out a program to enable the testing and demonstration of reactor concepts to be proposed and funded by the private sector. The Secretary shall leverage the technical expertise of relevant Federal agencies and National Laboratories in order to minimize the time required to enable construction and operation of privately funded experimental reactors at National Laboratories or other Department-owned sites. Such reactors shall operate to meet the following objectives: (1) Enabling physical validation of novel reactor concepts. (2) Resolving technical uncertainty and increasing practical knowledge relevant to safety, resilience, security, and functionality of first-of-a-kind reactor concepts. (3) General research and development to improve nascent technologies. (b) Reporting requirement Not later than 180 days after the date of enactment of the Nuclear Energy Innovation Capabilities Act , the Secretary, in consultation with the National Laboratories, relevant Federal agencies, and other stakeholders, shall transmit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report assessing the Department’s capabilities to authorize, host, and oversee privately funded experimental advanced nuclear reactors as described under subsection (a). The report shall address the following: (1) The Department’s oversight capabilities, including options to leverage expertise from the Nuclear Regulatory Commission and National Laboratories. (2) Potential sites capable of hosting activities described under subsection (a). (3) The efficacy of the Department’s available contractual mechanisms to partner with the private sector and Federal agencies, including cooperative research and development agreements, strategic partnership projects, and agreements for commercializing technology. (4) Potential cost structures related to long-term projects, including physical security, distribution of liability, and other related costs. (5) Other challenges or considerations identified by the Secretary. . 3310. Budget plan (a) In general Subtitle E of title IX of the Energy Policy Act of 2005 ( 42 U.S.C. 16271 et seq. ) is further amended by adding at the end the following: 959. Budget plan Not later than 12 months after the date of enactment of the Nuclear Energy Innovation Capabilities Act , the Department shall transmit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Energy and Natural Resources of the Senate 2 alternative 10-year budget plans for civilian nuclear energy research and development by the Department. The first shall assume constant annual funding for 10 years at the appropriated level for the Department’s civilian nuclear energy research and development for fiscal year 2016. The second shall be an unconstrained budget. The two plans shall include— (1) a prioritized list of the Department’s programs, projects, and activities to best support the development of advanced nuclear reactor technologies; (2) realistic budget requirements for the Department to implement sections 955(c), 957, and 958 of this Act; and (3) the Department’s justification for continuing or terminating existing civilian nuclear energy research and development programs. . (b) Report on Fusion Innovation Not later than 6 months after the date of enactment of this title, the Secretary of the Department of Energy shall transmit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report that will identify engineering designs for innovative fusion energy systems that have the potential to demonstrate net energy production not later than 15 years after the start of construction. In this report, the Secretary will identify budgetary requirements that would be necessary for the Department to carry out a fusion innovation initiative to accelerate research and development of these designs. 3311. Conforming amendments The table of contents for the Energy Policy Act of 2005 is amended by striking the item relating to section 957 and inserting the following: 957. High-performance computation and supportive research. 958. Enabling nuclear energy innovation. 959. Budget plan. .

Karen L. Haas Clerk.