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SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Federal Workforce Reduction Act of 
2010''.

SEC. 2. REDUCING THE NUMBER OF FEDERAL EMPLOYEES.

    Section 3101 of title 5, United States Code, is amended--
            (1) by striking ``Each Executive agency'' and inserting 
        ``(a) In General.--Subject to subsection (b), each Executive 
        agency''; and
            (2) by adding at the end the following new subsection:
    ``(b) Reduction in Number of Employees.--
            ``(1) Hiring freeze.--Except as provided in paragraph (2), 
        during fiscal year 2011 and each succeeding fiscal year for 
        which the Director of the Office of Management and Budget (in 
        such manner as the Director determines to be appropriate) 
        projects a Federal budget deficit, the head of an Executive 
        agency may not appoint any individual to a position in the 
        agency.
            ``(2) Permitting appointments from federal workforce hiring 
        pool.--
                    ``(A) Establishment of pool.--The President shall 
                establish a Federal workforce hiring pool consisting of 
                positions which may be allocated among all Executive 
                agencies.
                    ``(B) Procedures.--The head of an Executive agency 
                may appoint an individual to a position in the agency 
                if--
                            ``(i) there is a position available in the 
                        Federal workforce hiring pool;
                            ``(ii) the head of the Executive agency 
                        submits a request to the President for the 
                        allocation of a position in the Federal 
                        workforce hiring pool to the agency for 
                        purposes of making an appointment; and
                            ``(iii) the President approves the request.
                    ``(C) Process and criteria for approving 
                requests.--The President shall promulgate regulations--
                            ``(i) setting forth the process by which 
                        the head of an Executive agency may make a 
                        request under this subsection; and
                            ``(ii) setting forth the criteria by which 
                        the President shall determine on a competitive 
                        basis whether to approve a request by the head 
                        of an Executive agency under this subsection.
                    ``(D) Number of positions in pool.--
                            ``(i) Initial number.--As of the first day 
                        of fiscal year 2011, the number of positions in 
                        the Federal workforce hiring pool shall equal 
                        zero.
                            ``(ii) Changes to initial number.--After 
                        the first day of fiscal year 2011, the number 
                        of positions in the Federal workforce hiring 
                        pool--
                                    ``(I) shall increase by .50 for 
                                each full-time-equivalent position in 
                                any Executive agency which subsequently 
                                becomes vacant; and
                                    ``(II) shall decrease by 1.0 for 
                                each request for a full-time equivalent 
                                position which is approved by the 
                                President under this subsection.
            ``(3) Waiver in case of emergency or need to protect 
        national security.--The President may waive this subsection 
        with respect to the hiring of an employee for a position upon a 
        determination by the President that--
                    ``(A) the existence of a state of war or other 
                national security concern so requires; or
                    ``(B) the existence of an extraordinary emergency 
                threatening life, health, safety, or property so 
                requires.
            ``(4) Action through opm.--The President shall carry out 
        this subsection through the Director of the Office of Personnel 
        Management, who shall consult with the Director of the Office 
        of Management and Budget.
            ``(5) Reports to congress.--
                    ``(A) In general.--Not later than 90 days after the 
                end of each quarter of a fiscal year, the President 
                shall provide Congress with a report containing a list 
                of each appointment approved by the President under 
                this subsection during the quarter, broken down by 
                executive agency.
                    ``(B) Information included.--The list contained in 
                a report provided to Congress under subparagraph (A) 
                shall include a description of the position associated 
                with each approved appointment, but shall not provide 
                any information that may be used to identify the 
                individual appointed to the position.
                    ``(C) Public dissemination.--The President shall 
                make each report provided to Congress under 
                subparagraph (A) available to the public by posting the 
                report on the official public website of the Executive 
                Office of the President in a searchable, sortable, and 
                downloadable manner.
            ``(6) Exclusion of certain executive agencies.--This 
        subsection does not apply to--
                    ``(A) the Department of Defense;
                    ``(B) the Department of Homeland Security; or
                    ``(C) the Department of Veterans' Affairs.''.
Federal Workforce Reduction Act of 2010 - Prohibits the head of an executive agency from appointing any individual to a position in the agency in any fiscal year for which the Director of the Office of Management and Budget (OMB) projects a federal budget deficit. Makes an exception if: (1) there is a position available in the federal workforce hiring pool (to be established by the President); and (2) the President approves an agency head's request for the allocation of a position in the pool to the agency.

Sets the number of positions in the hiring pool at zero as of the first day of FY2011, after which the number shall: (1) increase by .50 for each full time-equivalent position in any agency which subsequently becomes vacant; and (2) decrease by 1.0 for each request for a full time-equivalent position that is approved by the President. Authorizes the President to waive this limitation upon determining that such waiver is required by the existence of a state of war, other national security concern, or an extraordinary emergency threatening life, health, safety, or property.

 Exempts the Department of Defense (DOD), the Department of Homeland Security (DHS), and the Department of Veterans Affairs (VA).

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Promoting Closed-Loop Pumped Storage 
Hydropower Act''.

SEC. 2. CLOSED-LOOP PUMPED STORAGE PROJECTS.

    Part I of the Federal Power Act (16 U.S.C. 792 et seq.) is amended 
by adding at the end the following:

``SEC. 34. CLOSED-LOOP PUMPED STORAGE PROJECTS.

    ``(a) Expedited Licensing Process for Closed-Loop Pumped Storage 
Projects.--
            ``(1) 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.
            ``(2) Rule.--Not later than 180 days after the date of 
        enactment of this section, the Commission shall issue a rule 
        establishing an expedited process for issuing and amending 
        licenses and preliminary permits for closed-loop pumped storage 
        projects under this section.
            ``(3) Interagency task force.--In establishing the 
        expedited process under this section, the Commission shall 
        convene an interagency task force, with appropriate Federal and 
        State agencies and Indian tribes represented, to coordinate the 
        regulatory processes associated with the authorizations 
        required to construct and operate closed-loop pumped storage 
        projects.
            ``(4) Length of process.--The Commission shall ensure that 
        the expedited process under this section will result in final 
        decision on an application for a license by not later than 2 
        years after receipt of a completed application for such 
        license.
    ``(b) 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).
    ``(c) Exemptions From Other Requirements.--
            ``(1) In general.--In issuing or amending a license or 
        preliminary permit pursuant to the expedited process 
        established under this section, the Commission may grant an 
        exemption from any other requirement of this part with respect 
        to any part of the closed-loop pumped storage project (not 
        including any dam or other impoundment).
            ``(2) Consultation.--In granting an exemption under 
        paragraph (1), the Commission shall consult with the United 
        States Fish and Wildlife Service and the State agency 
        exercising administration over the fish and wildlife resources 
        of the State in which the closed-loop pumped storage project is 
        or will be located, in the manner provided by the Fish and 
        Wildlife Coordination Act (16 U.S.C. 661 et seq.).
            ``(3) Terms and conditions.--In granting an exemption under 
        paragraph (1), the Commission shall include in any such 
        exemption--
                    ``(A) such terms and conditions as the Fish and 
                Wildlife Service, National Marine Fisheries Service, 
                and the State agency described in paragraph (2) each 
                determine are appropriate to prevent loss of, or damage 
                to, fish and wildlife resources and to otherwise carry 
                out the purposes of the Fish and Wildlife Coordination 
                Act; and
                    ``(B) such terms and conditions as the Commission 
                deems appropriate to ensure that such closed-loop 
                pumped storage project continues to comply with the 
                provisions of this section and terms and conditions 
                included in any such exemption.
            ``(4) Fees.--The Commission, in addition to the 
        requirements of section 10(e), shall establish fees which shall 
        be paid by an applicant for a license for a closed-loop pumped 
        storage project that is required to meet terms and conditions 
        set by fish and wildlife agencies under paragraph (3). Such 
        fees shall be adequate to reimburse the fish and wildlife 
        agencies referred to in paragraph (3) for any reasonable costs 
        incurred in connection with any studies or other reviews 
        carried out by such agencies for purposes of compliance with 
        this section. The fees shall, subject to annual appropriations 
        Acts, be transferred to such agencies by the Commission for use 
        solely for purposes of carrying out such studies and shall 
        remain available until expended.
    ``(d) 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, if 
        the municipality retains majority ownership of the project for 
        which the license was issued.
    ``(e) Interagency Communications.--Interagency cooperation in the 
preparation of environmental documents under the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321 et seq.) with respect to an 
application for a license for a closed-loop pumped storage project 
submitted pursuant to this section, and interagency communications 
relating to licensing process coordination pursuant to this section, 
shall not--
            ``(1) be considered to be ex parte communications under 
        Commission rules; or
            ``(2) preclude an agency from participating in a licensing 
        proceeding under this part.
    ``(f) Developing Abandoned Mines for Pumped Storage.--
            ``(1) Workshop.--Not later than 6 months after the date of 
        enactment of this section, the Commission shall hold a workshop 
        to explore potential opportunities for development of closed-
        loop pumped storage projects at abandoned mine sites.
            ``(2) Guidance.--Not later than 1 year after the date of 
        enactment of this section, the Commission shall issue guidance 
        to assist applicants for licenses or preliminary permits for 
        closed-loop pumped storage projects at abandoned mine sites.
    ``(g) Qualifying Criteria for Closed-Loop Pumped Storage 
Projects.--
            ``(1) In general.--The Commission shall establish criteria 
        that a pumped storage project shall meet in order to qualify as 
        a closed-loop pumped storage project eligible for the expedited 
        process established under this section.
            ``(2) Inclusions.--In establishing the criteria under 
        paragraph (1), the Commission shall include criteria requiring 
        that the pumped storage project--
                    ``(A) cause little to no change to existing surface 
                and groundwater flows and uses; and
                    ``(B) is unlikely to adversely affect species 
                listed as a threatened species or endangered species 
                under the Endangered Species Act of 1973.''.

SEC. 3. OBLIGATION FOR PAYMENT OF ANNUAL CHARGES.

    Section 10(e) of the Federal Power Act (16 U.S.C. 803(e)) is 
amended by adding at the end the following:
    ``(5) Any obligation of a licensee for payment of annual charges 
under this subsection shall commence when the construction of the 
applicable facility commences.''.

            Passed the House of Representatives December 12, 2017.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.
Promoting Closed-Loop Pumped Storage Hydropower Act (Sec.2)This bill amends the Federal Power Act to authorize the Federal Energy Regulatory Commission (FERC) to establish an expedited licensing process for issuing and amending licenses and preliminary permits for closed-loop pumped storage projects (in which the upper and lower reservoirs do not impound or directly withdraw water from navigable waters, or that are not continuously connected to a naturally flowing water feature). In establishing the expedited process, FERC shall convene an interagency task force with appropriate federal and state agencies and Indian tribes to coordinate the regulatory process associated with the authorizations required to construct and operate closed-loop pumped storage projects. FERC must assess the safety of existing dams and other structures related to the project before issuing any license for a closed-loop storage project. FERC must hold a workshop to explore potential opportunities for development of storage projects at abandoned mine sites. FERC must also establish criteria that a project shall meet to qualify as a closed-loop pumped storage under this bill, including requiring that the project cause little to no change to existing surface and groundwater flows and uses and that the project is unlikely to adversely affect species listed as threatened or endangered under the Endangered Species Act of 1973. (Sec.3)Licensees are not required to pay an annual charge for administrative expenses until construction commences.

SECTION 1. FINDING.

    Congress finds that the exchange of Federal land and non-Federal 
land under this Act furthers the public objectives referred to in 
section 206 of the Federal Land Policy and Management Act of 1976 (43 
U.S.C. 1716) for the following reasons:
            (1) On December 21, 2007, the Bureau of Land Management 
        issued a Final Decision Record and Finding of No Significant 
        Impact approving the Blackrock Land Exchange, IDI-35337, 
        between the United States and the J.R. Simplot Company, an 
        Idaho Corporation, involving Federal land in the Pocatello 
        Field Office in the State of Idaho.
            (2) The Final Decision Record was issued as a result of a 
        multiyear review and public input process under the National 
        Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), 
        under which the Bureau of Land Management found--
                    (A)(i) the 2 parcels of Federal land comprising 
                718.56 acres that are proposed for conveyance to the 
                J.R. Simplot Company are managed by the Bureau of Land 
                Management in the State of Idaho; and
                    (ii) the conveyance of the Federal land described 
                in clause (i) is consistent with--
                            (I) the multiple-use statutory mission of 
                        the Bureau of Land Management; and
                            (II) the Pocatello Resource Management 
                        Plan;
                    (B) the 3 parcels of non-Federal land comprising 
                666.92 acres that are proposed for conveyance to the 
                United States--
                            (i) are owned by the J.R. Simplot Company; 
                        and
                            (ii) provide greater resources and values 
                        to the United States than the resources and 
                        values of the Federal land, including through 
                        the United States--
                                    (I) consolidating Federal land;
                                    (II) gaining direct access to 
                                adjacent Federal land; and
                                    (III) acquiring critical deer 
                                habitat;
                    (C) the Federal land is adjacent to the phosphate 
                ore processing facility of the J.R. Simplot Company;
                    (D) carrying out the land exchange under this Act 
                would provide a buffer and an expansion area for a 
                possible phosphate disposal facility;
                    (E) the land exchange under this Act would not 
                authorize any potential future siting of a new 
                phosphate disposal facility or related facilities 
                because other governmental entities, primarily the 
                State of Idaho and the Environmental Protection Agency, 
                would still have the responsibility and authority to 
                make decisions relating to the approval of any future 
                phosphate disposal facilities; and
                    (F) after consultation with the Shoshone-Bannock 
                Tribes, a federally recognized Tribe with Tribal 
                headquarters at Fort Hall, Idaho, the Bureau of Land 
                Management determined that--
                            (i) the land exchange authorized under this 
                        Act would result in a net loss of 52 acres of 
                        public land; but
                            (ii) the loss of public land acreage would 
                        be outweighed by the superior natural resources 
                        acquired in the land exchange that would 
                        enhance and increase opportunities for off-
                        Reservation hunting and gathering by members of 
                        the Tribes.
            (3) On June 5, 2009, the Interior Board of Land Appeals of 
        the Department of the Interior issued an order, numbered IBLA 
        2009-27, affirming the Final Decision Record of the Bureau of 
        Land Management.
            (4) On May 3, 2011, the Federal District Court for the 
        District of Idaho issued a decision finding that the Bureau of 
        Land Management violated the National Environmental Policy Act 
        of 1969 (42 U.S.C. 4321 et seq.) by failing to prepare a full 
        environmental impact statement on detailed future uses, rather 
        than an environmental assessment, with respect to the proposed 
        land exchange.
            (5) The Bureau of Land Management and the J.R. Simplot 
        Company--
                    (A) disagreed with the decision described in 
                paragraph (4); and
                    (B) argued that the Final Decision Record 
                adequately analyzed the foreseeable environmental 
                effects of the land exchange authorized under this Act.
            (6) The fundamental disagreement over the level of analysis 
        needed to complete the land exchange authorized under this Act 
        raises the possibility of an endless cycle of Federal analysis 
        and litigation that has no certain outcome, not only for the 
        Federal land to be exchanged under this Act, but also for other 
        land owned by the United States that is identified for 
        disposal.
            (7) The land exchange authorized under this Act--
                    (A) would permanently resolve the conflict relating 
                to the Federal land and non-Federal land; and
                    (B) is in the public interest.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Federal land.--The term ``Federal land'' means the 2 
        parcels of Federal land within the Pocatello Field Office in 
        the State, comprising a total of approximately 718.56 acres, as 
        identified in ``Exhibit A--Federal Land'' in the Final Decision 
        Record.
            (2) Final decision record.--The term ``Final Decision 
        Record'' means the Final Decision Record and Finding of No 
        Significant Impact of the Bureau of Land Management issued by 
        the Bureau of Land Management on December 21, 2007, approving 
        the Blackrock Land Exchange, IDI-35337, involving Federal land 
        in the Pocatello Field Office in the State.
            (3) J.R. simplot.--The term ``J.R. Simplot'' means the J.R. 
        Simplot Company, a Corporation in the State, with headquarters 
        in Boise, Idaho.
            (4) Non-federal land.--The term ``non-Federal land'' means 
        the 3 parcels of land owned by J.R. Simplot, comprising a total 
        of approximately 666.92 acres, as identified in ``Exhibit B--
        Non-Federal Land'' in the Final Decision Record.
            (5) Order.--The term ``Order'' means the order of the 
        Interior Board of Land Appeals of the Department of the 
        Interior numbered IBLA 2009-27 and issued on June 5, 2009.
            (6) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (7) State.--The term ``State'' means the State of Idaho.

SEC. 3. EXCHANGE OF FEDERAL LAND AND NON-FEDERAL LAND.

    (a) Requirement for Land Exchange.--
            (1) In general.--Subject to the provisions of this Act, if 
        J.R. Simplot offers to convey to the Secretary all right, 
        title, and interest of J.R. Simplot in and to the non-Federal 
        land, the Secretary shall convey to J.R. Simplot all right, 
        title, and interest of the United States in and to the Federal 
        land.
            (2) Deadline for completion.--The land exchange under this 
        Act shall be completed by not later than 90 days after the date 
        of enactment of this Act.
    (b) Form of Conveyance.--
            (1) Non-federal land.--Title to the non-Federal land 
        conveyed by J.R. Simplot to the Secretary shall--
                    (A) be by general warranty deed;
                    (B) be subject to existing rights of record; and
                    (C) otherwise conform to the title approval 
                standards of the Attorney General applicable to land 
                acquisitions by the Federal Government.
            (2) Federal land.--The Federal land to be conveyed under 
        this Act shall be quitclaimed by the Secretary to J.R. Simplot 
        by an exchange deed.
    (c) Maps and Legal Descriptions.--As soon as practicable after the 
date of the enactment of this Act, the Secretary shall finalize maps 
and legal descriptions of all land to be conveyed under this Act. The 
Secretary may correct any minor errors in the maps or in the legal 
descriptions. The maps and legal descriptions shall be on file and 
available for public inspection in appropriate offices of the 
Secretary.
    (d) Costs of Exchange.--J.R. Simplot shall pay, or reimburse the 
Secretary, for all land survey, land title, deed preparation, and other 
costs incurred by the Secretary in carrying out the land exchange under 
this Act.

SEC. 4. VALUATION OF FEDERAL LAND AND NON-FEDERAL LAND.

    (a) Findings.--Congress finds that--
            (1) appraisals for the Federal land and non-Federal land to 
        be exchanged under this Act have been--
                    (A) completed under the direction and control of 
                the Office of Valuation Services of the Department of 
                the Interior; and
                    (B) approved by the Secretary in conjunction with 
                preparation of the Final Decision Record;
            (2) the appraisals described in paragraph (1) determined 
        that the value of the Federal land exceeded the value of the 
        non-Federal land by approximately $5,000; and
            (3) based on the appraisals described in paragraph (1), 
        J.R. Simplot would make a $5,000 cash equalization payment to 
        the Secretary to equalize the values of the Federal land and 
        non-Federal land in accordance with section 206 of the Federal 
        Land Policy and Management Act of 1976 (43 U.S.C. 1706).
    (b) Appraised Values of Federal Land and Non-Federal.--
            (1) In general.--The appraised values of the Federal land 
        and non-Federal land approved by the Secretary in the Final 
        Decision Record shall be the values used for purposes of the 
        land exchange under this Act.
            (2) No reappraisal.--The Federal land and non-Federal land 
        shall not be subject to reappraisal for purposes of the land 
        exchange under this Act.

SEC. 5. EFFECT AND JUDICIAL REVIEW.

    (a) Effect.--The exchange of Federal land and non-Federal land 
under this Act shall not constitute a major Federal action for purposes 
of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
seq.).
    (b) Judicial Review.--The exchange of Federal land and non-Federal 
land under this Act--
            (1) shall not be subject to judicial or administrative 
        review; and
            (2) shall not abrogate, or otherwise have any effect on, 
        the Order.

This bill directs the Department of the Interior, if the J.R. Simplot Company offers to convey three identified parcels of land, to convey to the Simplot Company two identified parcels of federal land within the Pocatello Field Office of the Bureau of Land Management in Idaho. The bill states that the exchange of such federal and nonfederal lands shall not constitute a major federal action for purposes of the National Environmental Policy Act of 1969.