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[EX Q]: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Orphan Works Act of 2006''.

SEC. 2. LIMITATION ON REMEDIES IN CASES INVOLVING ORPHAN WORKS.

    (a) Limitation on Remedies.--Chapter 5 of title 17, United States 
Code, is amended by adding at the end the following new section:
``Sec. 514. Limitation on remedies in cases involving orphan works
    ``(a) Limitation on Remedies.--
            ``(1) Conditions.--Notwithstanding sections 502 through 
        505, in an action brought under this title for infringement of 
        copyright in a work, the remedies for infringement shall be 
        limited under subsection (b) if the infringer sustains the 
        burden of proving, and the court finds, that--
                    ``(A) before the infringing use of the work began, 
                the infringer, a person acting on behalf of the 
                infringer, or any person jointly and severally liable 
                with the infringer for the infringement of the work--
                            ``(i) performed and documented a reasonably 
                        diligent search in good faith to locate the 
                        owner of the infringed copyright; but
                            ``(ii) was unable to locate the owner; and
                    ``(B) the infringing use of the work provided 
                attribution, in a manner reasonable under the 
                circumstances, to the author and owner of the 
                copyright, if known with a reasonable degree of 
                certainty based on information obtained in performing 
                the reasonably diligent search.
            ``(2) Definitions; requirements for searches.--
                    ``(A) Owner of infringed copyright.--For purposes 
                of paragraph (1), the `owner' of an infringed copyright 
                in a work is the legal or beneficial owner of, or any 
                party with authority to grant or license, an exclusive 
                right under section 106 applicable to the infringement.
                    ``(B) Requirements for reasonably diligent 
                search.--(i) For purposes of paragraph (1), a search to 
                locate the owner of an infringed copyright in a work--
                            ``(I) is `reasonably diligent' only if it 
                        includes steps that are reasonable under the 
                        circumstances to locate that owner in order to 
                        obtain permission for the use of the work; and
                            ``(II) is not `reasonably diligent' solely 
                        by reference to the lack of identifying 
                        information with respect to the copyright on 
                        the copy or phonorecord of the work.
                    ``(ii) The steps referred to in clause (i)(I) shall 
                ordinarily include, at a minimum, review of the 
                information maintained by the Register of Copyrights 
                under subparagraph (C).
                    ``(iii) A reasonably diligent search includes the 
                use of reasonably available expert assistance and 
                reasonably available technology, which may include, if 
                reasonable under the circumstances, resources for which 
                a charge or subscription fee is imposed.
                    ``(C) Information to guide searches.--The Register 
                of Copyrights shall receive, maintain, and make 
                available to the public, including through the 
                Internet, information from authoritative sources, such 
                as industry guidelines, statements of best practices, 
                and other relevant documents, that is designed to 
                assist users in conducting and documenting a reasonably 
                diligent search under this subsection. Such information 
                may include--
                            ``(i) the records of the Copyright Office 
                        that are relevant to identifying and locating 
                        copyright owners;
                            ``(ii) other sources of copyright ownership 
                        information reasonably available to users;
                            ``(iii) methods to identify copyright 
                        ownership information associated with a work;
                            ``(iv) sources of reasonably available 
                        technology tools and reasonably available 
                        expert assistance; and
                            ``(v) best practices for documenting a 
                        reasonably diligent search.
    ``(b) Limitations on Remedies.--The limitations on remedies in a 
case to which subsection (a) applies are the following:
            ``(1) Monetary relief.--
                    ``(A) General rule.--Subject to subparagraph (B), 
                an award for monetary relief (including actual damages, 
                statutory damages, costs, and attorney's fees) may not 
                be made, other than an order requiring the infringer to 
                pay reasonable compensation for the use of the 
                infringed work.
                    ``(B) Exceptions.--(i) An order requiring the 
                infringer to pay reasonable compensation for the use of 
                the infringed work may not be made under subparagraph 
                (A) if--
                            ``(I) the infringement is performed without 
                        any purpose of direct or indirect commercial 
                        advantage and primarily for a charitable, 
                        religious, scholarly, or educational purpose, 
                        and
                            ``(II) the infringer ceases the 
                        infringement expeditiously after receiving 
                        notice of the claim for infringement,
                unless the copyright owner proves, and the court finds, 
                that the infringer has earned proceeds directly 
                attributable to the infringement.
                    ``(ii) If the infringer fails to negotiate in good 
                faith with the owner of the infringed work regarding 
                the amount of reasonable compensation for the use of 
                the infringed work, the court may award full costs, 
                including a reasonable attorney's fee, against the 
                infringer under section 505, subject to section 412.
            ``(2) Injunctive relief.--
                    ``(A) General rule.--Subject to subparagraph (B), 
                the court may impose injunctive relief to prevent or 
                restrain the infringing use, except that, if the 
                infringer has met the requirements of subsection (a), 
                the relief shall, to the extent practicable, account 
                for any harm that the relief would cause the infringer 
                due to its reliance on having performed a reasonably 
                diligent search under subsection (a).
                    ``(B) Special rule for new works.--In a case in 
                which the infringer recasts, transforms, adapts, or 
                integrates the infringed work with the infringer's 
                original expression in a new work of authorship, the 
                court may not, in granting injunctive relief, restrain 
                the infringer's continued preparation or use of that 
                new work, if the infringer--
                            ``(i) pays reasonable compensation to the 
                        owner of the infringed copyright for the use of 
                        the infringed work; and
                            ``(ii) provides attribution to the owner of 
                        the infringed copyright in a manner that the 
                        court determines is reasonable under the 
                        circumstances.
                    ``(C) Treatment of parties not subject to suit.--
                The limitations on remedies under this paragraph shall 
                not be available to an infringer that asserts in an 
                action under section 501(b) that neither it nor its 
                representative acting in an official capacity is 
                subject to suit in Federal court for an award of 
                damages to the copyright owner under section 504, 
                unless the court finds that such infringer has-- 
                            ``(i) complied with the requirements of 
                        subsection (a) of this section;
                            ``(ii) made a good faith offer of 
                        compensation that was rejected by the copyright 
                        owner; and
                            ``(iii) affirmed in writing its willingness 
                        to pay such compensation to the copyright owner 
                        upon the determination by the court that such 
                        compensation was reasonable under paragraph (3) 
                        of this subsection.
                    ``(D) Construction.--Nothing in subparagraph (C) 
                shall be deemed to authorize or require, and no action 
                taken pursuant to subparagraph (C) shall be deemed to 
                constitute, an award of damages by the court against 
                the infringer.
                    ``(E) Rights and privileges not waived.--No action 
                taken by an infringer pursuant to subparagraph (C) 
                shall be deemed to waive any right or privilege that, 
                as a matter of law, protects such infringer from being 
                subject to suit in Federal court for an award of 
                damages to the copyright owner under section 504.
            ``(3) Reasonable compensation.--In establishing reasonable 
        compensation under paragraph (1) or (2), the owner of the 
        infringed copyright has the burden of establishing the amount 
        on which a reasonable willing buyer and a reasonable willing 
        seller in the positions of the owner and the infringer would 
        have agreed with respect to the infringing use of the work 
        immediately before the infringement began.
    ``(c) Preservation of Other Rights, Limitations, and Defense.--This 
section does not affect any right, limitation, or defense to copyright 
infringement, including fair use, under this title. If another 
provision of this title provides for a statutory license when the 
copyright owner cannot be located, that provision applies in lieu of 
this section.
    ``(d) Copyright for Derivative Works.--Notwithstanding section 
103(a), the infringing use of a work in accordance with this section 
shall not limit or affect the copyright protection for a work that uses 
the infringed work.''.
    (b) Conforming Amendment.--The table of sections for chapter 5 of 
title 17, United States Code, is amended by adding at the end the 
following new item:

``514. Limitation on remedies in cases involving orphan works''.
    (c) Effective Date.--The amendments made by this section shall 
apply only to infringing uses that commence on or after June 1, 2008.

SEC. 3. REPORT TO CONGRESS ON AMENDMENTS.

    The Register of Copyrights shall, not later than December 12, 2014, 
report to the Committee on the Judiciary of the House of 
Representatives and the Committee on the Judiciary of the Senate on the 
implementation and effects of the amendments made by section 2, 
including any recommendations for legislative changes that the Register 
considers appropriate.

SEC. 4. INQUIRY ON REMEDIES FOR SMALL COPYRIGHT CLAIMS.

    (a) In General.--The Register of Copyrights shall conduct an 
inquiry with respect to remedies for copyright infringement claims 
seeking limited amounts of monetary relief, including consideration of 
alternatives to disputes currently heard in the United States district 
courts. The inquiry shall cover infringement claims to which section 
514 of title 17, United States Code (as added by section 2 of this 
Act), apply, and other infringement claims under title 17, United 
States Code.
    (b) Procedures.--The Register of Copyrights shall publish notice of 
the inquiry under subsection (a), providing a period during which 
interested persons may submit comments on the inquiry, and an 
opportunity for interested persons to participate in public roundtables 
on the inquiry. The Register shall hold the public roundtables at such 
times as the Register considers appropriate.
    (c) Report to Congress.--The Register of Copyrights shall, not 
later than 1 year after the date of the enactment of this Act, prepare 
and submit to the Committee on the Judiciary of the House of 
Representatives and the Committee on the Judiciary of the Senate a 
report on the inquiry conducted under this section, including such 
recommendations that the Register considers appropriate.
[EX A]: Orphan Works Act of 2006 - Limits the remedies available in a copyright infringement action if the infringer proves that: (1) the infringer performed and documented a reasonably diligent search in good faith to locate the copyright owner before using the work, but was unable to locate the owner; and (2) the infringing use of the work provided attribution to the author and owner of the copyright, if known.

Requires the Register of Copyrights to make information available from authoritative sources to assist users in conducting and documenting a reasonably diligent search.

Permits an award of reasonable compensation for the use of the infringed work, except if: (1) the infringement is performed without any commercial advantage and for primarily a charitable, religious, scholarly, or educational purpose; and (2) the infringer ceases the infringement expeditiously after receiving notice of the claim for infringement.

Allows the court to impose injunctive relief to prevent or restrain the infringing use, but such relief shall account for harm caused to the infringer due to reliance on having performed a reasonably diligent search. Prohibits the court from imposing injunctive relief that restrains the continued preparation or use of a new work that recasts, transforms, adapts, or integrates the infringed work with the infringer's original expression in a new work of authorship if the infringer pays reasonable compensation and provides attribution to the copyright owner.

Requires the Register of Copyrights to conduct an inquiry with respect to remedies for copyright infringement claims seeking limited amounts of monetary relief, including consideration of alternatives to disputes currently heard in the U.S. district courts.

[EX Q]: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Provo River Project Transfer Act''.

SEC. 2. DEFINITIONS.

    In this Act:
        (1) Agreement.--The term ``Agreement'' means the contract 
    numbered 04-WC-40-8950 and entitled ``Agreement Among the United 
    States, the Provo River Water Users Association, and the 
    Metropolitan Water District of Salt Lake & Sandy to Transfer Title 
    to Certain Lands and Facilities of the Provo River Project'' and 
    shall include maps of the land and features to be conveyed under 
    the Agreement.
        (2) Association.--The term ``Association'' means the Provo 
    River Water Users Association, a nonprofit corporation organized 
    under the laws of the State.
        (3) District.--The term ``District'' means the Metropolitan 
    Water District of Salt Lake & Sandy, a political subdivision of the 
    State.
        (4) Pleasant grove property.--
            (A) In general.--The term ``Pleasant Grove Property'' means 
        the 3.79-acre parcel of land acquired by the United States for 
        the Provo River Project, Deer Creek Division, located at 
        approximately 285 West 1100 North, Pleasant Grove, Utah, as in 
        existence on the date of enactment of this Act.
            (B) Inclusions.--The term ``Pleasant Grove Property'' 
        includes the office building and shop complex constructed by 
        the Association on the parcel of land described in subparagraph 
        (A).
        (5) Provo reservoir canal.--The term ``Provo Reservoir Canal'' 
    means the canal, and any associated land, rights-of-way, and 
    facilities acquired, constructed, or improved by the United States 
    as part of the Provo River Project, Deer Creek Division, extending 
    from, and including, the Murdock Diversion Dam at the mouth of 
    Provo Canyon, Utah, to and including the Provo Reservoir Canal 
    Siphon and Penstock, as in existence on the date of enactment of 
    this Act.
        (6) Salt lake aqueduct.--The term ``Salt Lake Aqueduct'' means 
    the aqueduct and associated land, rights-of-way, and facilities 
    acquired, constructed or improved by the United States as part of 
    the Provo River Project, Aqueduct Division, extending from, and 
    including, the Salt Lake Aqueduct Intake at the base of Deer Creek 
    Dam to and including the Terminal Reservoirs located at 3300 South 
    St. and Interstate Route 215 in Salt Lake City, Utah, as in 
    existence on the date of enactment of this Act.
        (7) Secretary.--The term ``Secretary'' means the Secretary of 
    the Interior or a designee of the Secretary.
        (8) State.--The term ``State'' means the State of Utah.

SEC. 3. CONVEYANCE OF LAND AND FACILITIES.

    (a) Conveyances to Association.--
        (1) Provo reservoir canal.--
            (A) In general.--In accordance with the terms and 
        conditions of the Agreement and subject to subparagraph (B), 
        the Secretary shall convey to the Association, all right, 
        title, and interest of the United States in and to the Provo 
        Reservoir Canal.
            (B) Condition.--The conveyance under subparagraph (A) shall 
        not be completed until the Secretary executes the Agreement and 
        accepts future arrangements entered into by the Association, 
        the District, the Central Utah Water Conservancy District, and 
        the Jordan Valley Water Conservancy District providing for the 
        operation, ownership, financing, and improvement of the Provo 
        Reservoir Canal.
        (2) Pleasant grove property.--In accordance with the terms and 
    conditions of the Agreement, the Secretary shall convey to the 
    Association, all right, title, and interest of the United States in 
    and to the Pleasant Grove Property.
    (b) Conveyance to District.--
        (1) In general.--In accordance with the terms and conditions of 
    the Agreement, and subject to the execution of the Agreement by the 
    Secretary, the Secretary shall convey to the District, all right, 
    title, and interest of the United States in and to Salt Lake 
    Aqueduct.
        (2) Easements.--
            (A) In general.--As part of the conveyance under paragraph 
        (1), the Secretary shall grant to the District permanent 
        easements to--
                (i) the National Forest System land on which the Salt 
            Lake Aqueduct is located; and
                (ii) land of the Aqueduct Division of the Provo River 
            Project that intersects the parcel of non-Federal land 
            authorized to be conveyed to the United States under 
            section 104(a) of Public Law 107-329 (116 Stat. 2816).
            (B) Purpose.--The easements conveyed under subparagraph (A) 
        shall be for the use, operation, maintenance, repair, 
        improvement, or replacement of the Salt Lake Aqueduct by the 
        District.
            (C) Limitation.--The United States shall not carry out any 
        activity on the land subject to the easements conveyed under 
        subparagraph (A) that would materially interfere with the use, 
        operation, maintenance, repair, improvement, or replacement of 
        the Salt Lake Aqueduct by the District.
            (D) Boundaries.--The boundaries of the easements conveyed 
        under subparagraph (A) shall be determined by the Secretary, in 
        consultation with the District and the Secretary of 
        Agriculture.
            (E) Transfer of administrative jurisdiction.--
                (i) In general.--On conveyance of the easement to the 
            land described in subparagraph (A)(ii), the Secretary, 
            subject to the easement, shall transfer to the Secretary of 
            Agriculture administrative jurisdiction over the land.
                (ii) Administrative site.--The land transferred under 
            clause (i) shall be administered by the Secretary of 
            Agriculture as an administrative site.
            (F) Administration.--The easements conveyed under 
        subparagraph (A) shall be administered by the Secretary of 
        Agriculture in accordance with section 501(b)(3) of the Federal 
        Land Policy and Management Act of 1976 (43 U.S.C. 1761(b)(3)).
    (c) Consideration.--
        (1) Association.--
            (A) In general.--In exchange for the conveyance under 
        subsection (a)(1), the Association shall pay the Secretary an 
        amount that is equal to the sum of--
                (i) the net present value of any remaining debt 
            obligation of the United States with respect to the Provo 
            Reservoir Canal; and
                (ii) the net present value of any revenues from the 
            Provo Reservoir Canal that, based on past history--

                    (I) would be available to the United States but for 
                the conveyance of the Provo Reservoir Canal under 
                subsection (a)(1); and
                    (II) would be deposited in the reclamation fund 
                established under the first section of the Act of June 
                17, 1902 (43 U.S.C. 391), and credited under the terms 
                of Reclamation Manual/Directives and Standards PEC 03-
                01.

            (B) Deduction.--In determining the net present values under 
        clauses (i) and (ii) of subparagraph (A), the Association may 
        deduct from the net present value such sums as are required for 
        the reimbursement described in the Agreement.
        (2) District.--
            (A) In general.--In exchange for the conveyance under 
        subsection (b)(1), the District shall pay the Secretary an 
        amount that is equal to the sum of--
                (i) the net present value of any remaining debt 
            obligation of the United States with respect to the Salt 
            Lake Aqueduct; and
                (ii) the net present value of any revenues from the 
            Salt Lake Aqueduct that, based on past history--

                    (I) would have been available to the United States 
                but for the conveyance of the Salt Lake Aqueduct under 
                subsection (b)(1); and
                    (II) would be deposited in the reclamation fund 
                established under the first section of the Act of June 
                17, 1902 (43 U.S.C. 391), and credited under the terms 
                of Reclamation Manual/Directives and Standards PEC 03-
                01.

            (B) Deduction.--In determining the net present values under 
        clauses (i) and (ii) of subparagraph (A), the District may 
        deduct from the net present value such sums as are required for 
        the reimbursement described in the Agreement.
    (d) Payment of Costs.--In addition to amounts paid to the Secretary 
under subsection (c), the Association and the District shall, in 
accordance with the Agreement, pay the Secretary--
        (1) any necessary and reasonable administrative and real estate 
    transfer costs incurred by the Secretary in carrying out the 
    conveyance; and
        (2) one-half of any necessary and reasonable costs associated 
    with complying 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)(i) the National Historic Preservation Act (16 U.S.C. 
        470 et seq.); and
            (ii) any other Federal cultural resource laws.
    (e) Compliance With Environmental Laws.--
        (1) In general.--Before conveying land and facilities under 
    subsections (a) and (b), the Secretary shall comply with all 
    applicable requirements under--
            (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) any other law applicable to the land and facilities.
        (2) Effect.--Nothing in this Act modifies or alters any 
    obligations under--
            (A) the National Environmental Policy Act of 1969 (42 
        U.S.C. 4321 et seq.); or
            (B) the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
        seq.).

SEC. 4. EXISTING CONTRACTS.

    (a) Deer Creek Division Construction Contract.--Notwithstanding the 
conveyances under subsections (a) and (b)(1) of section 3, and subject 
to the terms of the Agreement, any portion of the Deer Creek Division, 
Provo River Project, Utah, that is not conveyed under that section 
shall continue to be operated and maintained by the Association, in 
accordance with the contract numbered I1r-874, dated June 27, 1936, and 
entitled the ``Contract Between the United States and Provo River Water 
Users Association Providing for the Construction of the Deer Creek 
Division of the Provo River Project, Utah''.
    (b) Provo River Project and Jordan Aqueduct System Contracts.--
Subject to the terms of the Agreement, any written contract of the 
United States in existence on the date of enactment of this Act 
relating to the operation and maintenance of any division or facility 
of the Provo River Project or the Jordan Aqueduct System is confirmed 
and declared to be a valid contract of the United States that is 
enforceable in accordance with the express terms of the contract.
    (c) Use of Central Utah Project Water.--
        (1) In general.--Subject to paragraph (2), any entity with 
    contractual Provo Reservoir Canal or Salt Lake Aqueduct capacity 
    rights in existence on the date of enactment of this Act may, in 
    addition to the uses described in the existing contracts, use the 
    capacity rights, without additional charge or further approval from 
    the Secretary, to transport Central Utah Project water on behalf of 
    the entity or others.
        (2) Limitations.--An entity shall not use the capacity rights 
    to transport Central Utah Project water under paragraph (1) 
    unless--
            (A) the transport of the water is expressly authorized by 
        the Central Utah Water Conservancy District;
            (B) the use of the water facility to transport the Central 
        Utah Project water is expressly authorized by the entity 
        responsible for operation and maintenance of the facility; and
            (C) carrying Central Utah Project water through Provo River 
        Project facilities would not--
                (i) materially impair the ability of the Central Utah 
            Water Conservancy District or the Secretary to meet 
            existing express environmental commitments for the 
            Bonneville Unit; or
                (ii) require the release of additional Central Utah 
            Project water to meet those environmental commitments.
    (d) Authorized Modifications.--The Agreement may provide for--
        (1) the modification of the 1936 Repayment Contract for the 
    Deer Creek Division of the Provo River Project to reflect the 
    partial prepayment, the adjustment of the annual repayment amount, 
    and the transfer of the Provo Reservoir Canal and the Pleasant 
    Grove Property; and
        (2) the modification or termination of the 1938 Repayment 
    Contract for the Aqueduct Division of the Provo River Project to 
    reflect the complete payout and transfer of all facilities of the 
    Aqueduct Division.
    (e) Effect of Act.--Nothing in this Act impairs any contract 
(including subscription contracts) in effect on the date of enactment 
of this Act that allows for or creates a right to convey water through 
the Provo Reservoir Canal.

SEC. 5. EFFECT OF CONVEYANCE.

    On conveyance of any land or facility under subsection (a) or 
(b)(1) of section 3--
        (1) the land and facilities shall no longer be part of a 
    Federal reclamation project;
        (2) the Association and the District shall not be entitled to 
    receive any future reclamation benefits with respect to the land 
    and facilities, except for benefits that would be available to 
    other nonreclamation facilities; and
        (3) the United States shall not be liable for damages arising 
    out of any act, omission, or occurrence relating to the land and 
    facilities, but shall continue to be liable for damages caused by 
    acts of negligence committed by the United States or by any 
    employee or agent of the United States before the date of 
    conveyance, consistent with chapter 171 of title 28, United States 
    Code.

SEC. 6. REPORT.

    If a conveyance required under subsection (a) or (b)(1) of section 
3 is not completed by the date that is 18 months after the date of 
enactment of this Act, the Secretary shall submit to Congress a report 
that--
        (1) describes the status of the conveyance;
        (2) describes any obstacles to completing the conveyance; and
        (3) specifies an anticipated date for completion of the 
    conveyance.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.
[EX A]: Provo River Project Transfer Act - (Sec. 3) Directs the Secretary of the Interior to convey to the Provo River Water Users Association (Association) all right, title, and interest of the United States in and to the Provo Reservoir Canal in the State of Utah. Conditions such conveyance upon the execution by the Secretary of the Agreement entitled "Agreement Among the United States, the Provo River Waters Users Association, and the Metropolitan Water District of Salt Lake & Sandy to Transfer Title to Certain Lands and Facilities of the Provo River Project (Agreement)," and upon the Secretary's acceptance of future arrangements governing the operation, ownership, financing, and improvement of the Provo Reservoir Canal.

Directs the Secretary to convey to the Association all right, title, and interest of the United States in and to the Pleasant Grove Property in the State of Utah.

Directs the Secretary to: (1) convey to the Metropolitan Water District of Salt Lake & Sandy (District) in the State of Utah, all right, title, and interest of the United States in and to Salt Lake Aqueduct; (2) grant permanent easements to the District for the use, operation, maintenance, repair, improvement, or replacement of the Salt Lake Aqueduct by the District; (3) determine the boundaries of such easements; and (4) transfer administrative jurisdiction over certain land of the Aqueduct Division of the Provo River Project to the Secretary of Agriculture. Directs the Secretary of Agriculture to administer such land as an administrative site subject to provisions of the Federal Land Policy and Management Act of 1976.

Prohibits the United States from carrying out any activities on the lands covered by the Salt Lake Aqueduct easements that would materially interfere with the operation, maintenance, repair, improvement, or replacement of the Salt Lake Aqueduct by the District.

Sets forth a formula for for payments by the Association and the District for the land conveyances under this Act. Requires the Association and the District to pay certain additional costs relating to the land conveyances.

Requires the Secretary to comply with certain environmental and other laws prior to making land conveyances under this Act.

(Sec. 4) Confirms that: (1) certain existing contracts covering lands of the Provo River Project not conveyed by this Act remain in effect; and (2) entities with existing contractual capacity rights to either the Provo Reservoir Canal or Salt Lake Aqueduct may transport Central Utah Project water.

Authorizes the Agreement to provide for modifications to repayment contracts for the Deer Creek and Aqueduct Divisions of the Provo River Project.

Provides that nothing in this Act impairs any existing contract (including subscription contracts) regarding the conveyance of water through the Provo Reservoir Canal.

(Sec. 5) Provides that: (1) lands and facilities conveyed under this Act are no longer part of a Federal reclamation project; (2) the Association and the District are no longer entitled to reclamation benefits for conveyed lands, except for benefits available to other nonreclamation facilities; and (3) the United States shall not be liable for damages for acts, omissions, or occurrences relating to conveyances under this Act, except for negligent acts committed prior to the date of conveyance.

(Sec. 6) Requires the Secretary to report to Congress on the status of any land conveyances not completed within 18 months after the enactment of this Act.

[EX Q]: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``SBIR and STTR Foreign Patent 
Protection Act of 2001''.

SEC. 2. FINDINGS.

    The Congress finds that--
            (1) small business concerns represent approximately 96 
        percent of all exporters of goods;
            (2) there has been dynamic growth in the number of small 
        business concerns exporting goods, and the dollar value of 
        their exports;
            (3) despite such growth, small business concerns encounter 
        problems in obtaining financing for exports;
            (4) growth in United States exports will depend primarily 
        on technology innovation, making the protection of intellectual 
        property in the global market of special national interest;
            (5) the costs of filing for initial patent protection in 
        foreign markets can be prohibitive for small business concerns 
        involved in the Small Business Innovation Research Program 
        (referred to in this section as ``SBIR'') and the Small 
        Business Technology Transfer Program (referred to in this 
        section as ``STTR''), representing an insurmountable barrier to 
        obtaining the protection needed to pursue the international 
        markets;
            (6) to overcome such barriers and to maximize the Federal 
        investment in the SBIR and STTR programs, the Small Business 
        Administration should be authorized to provide grants to be 
        used to underwrite the costs of initial foreign patent 
        applications by SBIR and STTR awardees; and
            (7) a program established to provide such grants should, 
        over time, become self funding.

SEC. 3. ESTABLISHMENT OF GRANT PILOT PROGRAM.

    Section 9 of the Small Business Act (15 U.S.C. 638) is amended by 
adding at the end the following:
    ``(w) Foreign Patent Protection Grant Pilot Program.--
            ``(1) Grants authorized.--The Administrator shall make 
        grants from the Fund established under paragraph (6) for the 
        purpose of assisting SBIR and STTR awardees in seeking foreign 
        patent protection in accordance with this subsection.
            ``(2) Number of grants.--The Administrator shall make 
        grants under this subsection to not more than--
                    ``(A) a total of 100 SBIR and STTR awardees in 
                fiscal year 2003;
                    ``(B) a total of 200 SBIR and STTR awardees in 
                fiscal year 2004;
                    ``(C) a total of 300 SBIR and STTR awardees in 
                fiscal year 2005; and
                    ``(D) a total of 400 SBIR and STTR awardees in each 
                of fiscal years 2006 and 2007.
            ``(3) Grant purposes.--Grants made under this subsection 
        shall be used by awardees to underwrite costs associated with 
        initial foreign patent applications for technologies or 
        products developed under the SBIR or STTR program, and for 
        which an application for United States patent protection has 
        already been filed.
            ``(4) Considerations.--In awarding grants under this 
        subsection, the Administrator shall consider--
                    ``(A) the size and financial need of the applicant;
                    ``(B) the potential foreign market for the 
                technology;
                    ``(C) the time frames for filing foreign patent 
                applications; and
                    ``(D) such other factors as the Administrator deems 
                relevant.
            ``(5) Grant amounts.--The amount of a grant made to any 
        SBIR or STTR awardee under this subsection may not exceed 
        $25,000, and no awardee may receive more than 1 grant under 
        this subsection.
            ``(6) Establishment of revolving fund.--There is 
        established in the Treasury of the United States a revolving 
        fund, which shall be--
                    ``(A) known as the `SBIR and STTR Foreign Patent 
                Protection Grant Fund' (referred to in this subsection 
                as the `Fund');
                    ``(B) administered by the Office of Technology of 
                the Administration; and
                    ``(C) used solely to fund grants under this 
                subsection and to pay the costs to the Administration 
                of administering those grants.
            ``(7) Royalty fees.--
                    ``(A) In general.--Each recipient of a grant under 
                this subsection shall pay a fee to the Administration, 
                to be deposited into the Fund, based on the export 
                sales receipts or licensing fees, if any, from the 
                product or technology that is the subject of the 
                foreign patent petition.
                    ``(B) Annual installments based on receipts.--The 
                fee required under subparagraph (A)--
                            ``(i) shall be paid to the Administration 
                        in annual installments, based on the export 
                        sales receipts or licensing fees described in 
                        subparagraph (A) that are collected by the 
                        grant recipient in that calendar year;
                            ``(ii) shall not be required to be paid in 
                        any calendar year in which no export sales 
                        receipts or licensing fees described in 
                        subparagraph (A) are collected by the grant 
                        recipient; and
                            ``(iii) shall not exceed, in total, the 
                        lesser of--
                                    ``(I) an amount between 3 percent 
                                and 5 percent, as determined by the 
                                Administrator, of the total export 
                                sales receipts and licensing fees 
                                referred to in subparagraph (A); or
                                    ``(II) 4 times the amount of the 
                                grant received.
            ``(8) Administrative provisions.--Not later than 180 days 
        after the date of enactment of this subsection, the 
        Administrator shall--
                    ``(A) issue such regulations as are necessary to 
                carry out this subsection; and
                    ``(B) establish appropriate application and other 
                administrative procedures, as the Administrator deems 
                necessary.
            ``(9) Report.--The Administrator shall, on January 31, 
        2006, submit a report to the Congress on the grants authorized 
        by this subsection, which report shall include--
                    ``(A) the number of grant recipients under this 
                subsection since the date of enactment of this 
                subsection;
                    ``(B) the number of such grant recipients that have 
                made foreign sales (or granted licenses to make foreign 
                sales) of technologies or products developed under the 
                SBIR or STTR program;
                    ``(C) the total amount of fees paid into the Fund 
                by recipients of grants under this subsection in 
                accordance with paragraph (7);
                    ``(D) recommendations for any adjustment in the 
                percentages specified in paragraph (7)(B)(iii)(I) or 
                the amount specified in paragraph (7)(B)(iii)(II) 
                necessary to reduce to zero the cost to the 
                Administration of making grants under this subsection; 
                and
                    ``(E) any recommendations of the Administrator 
                regarding whether authorization for grants under this 
                subsection should be extended, and any necessary 
                legislation related to such an extension.
            ``(10) Authorization of appropriations.--There is 
        authorized to be appropriated to the Fund, to remain available 
        until expended--
                    ``(A) $2,500,000 for fiscal years 2003;
                    ``(B) $5,000,000 for fiscal year 2004;
                    ``(C) $7,500,000 for fiscal year 2005; and
                    ``(D) $10,000,000 for each of fiscal years 2006 and 
                2007.''.
[EX A]:
SBIR and STTR Foreign Patent Protection Act of 2001 - Amends the Small Business Act to require the Administrator of the Small Business Administration (SBA) to make one grant of up to $25,000, from the SBIR and STTR Foreign Patent Protection Fund (established under this Act) to any Small Business Innovation Research Program (SBIR) or Small Business Technology Transfer Program (STTR) to underwrite costs associated with initial foreign patent applications for technologies or products developed under the SBIR or STTR, and for which an application for U.S. patent protection has already been filed.Establishes the SBIR and STTR Foreign Patent Protection Fund in the Treasury to be used solely to fund such grants and to pay SBA costs of administering them.Requires each grant recipient to pay annual royalty fees to the Administration, for deposit into the Fund, based on the export sales receipts or licensing fees, if any, from the product or technology that is the subject of the foreign patent petition.