		II
		Calendar No. 660
		110th CONGRESS
		2d Session
		S. 2098
		[Report No. 110–308]
		IN THE SENATE OF THE UNITED STATES

			September 26, 2007
			Mr. Dorgan (for himself
			 and Mr. Conrad) introduced the following
			 bill; which was read twice and referred to the
			 Committee on Energy and Natural
			 Resources

			April 10, 2008
			Reported by Mr.
			 Bingaman, with an amendment and an amendment to the
			 title
			Strike out all after the enacting clause and insert
			 the part printed in italic

		A BILL
		To establish the Northern Plains Heritage Area in the
		  State of North Dakota.

		1.Short titleThis Act may be cited as the
			 Northern Plains Heritage Area
			 Act.
		2.DefinitionsIn this Act:
			(1)Heritage
			 areaThe term Heritage Area means the Northern
			 Plains Heritage Area established by section 3(a).
			(2)Management
			 entityThe term management entity means the
			 management entity for the Heritage Area designated by section 3(d).
			(3)Management
			 planThe term management plan means the management
			 plan for the Heritage Area required under section 5.
			(4)MapThe
			 term map means the map entitled Proposed Northern Plains
			 National Heritage Area.
			(5)SecretaryThe
			 term Secretary means the Secretary of the Interior.
			(6)StateThe
			 term State means the State of North Dakota.
			3.Establishment
			(a)In
			 generalThere is established in the State the Northern Plains
			 National Heritage Area.
			(b)BoundariesThe
			 Heritage Area shall consist of—
				(1)a core area of
			 resources in Burleigh, McLean, Mercer, Morton, and Oliver Counties in the
			 State; and
				(2)any sites,
			 buildings, and districts within the core area recommended by the management
			 plan for inclusion in the Heritage Area.
				(c)MapA
			 map of the Heritage Area shall be—
				(1)included in the
			 management plan; and
				(2)on file and
			 available for public inspection in the appropriate offices of the National Park
			 Service.
				(d)Management
			 entityThe management entity for the Heritage Area shall be the
			 Northern Plains Heritage Foundation, a nonprofit corporation established under
			 the laws of the State.
			4.Administration
			(a)In
			 generalFor purposes of carrying out the management plan, the
			 Secretary, acting through the management entity, may use amounts made available
			 under this Act to—
				(1)make grants to the
			 State or a political subdivision of the State, nonprofit organizations, and
			 other persons;
				(2)enter into
			 cooperative agreements with, or provide technical assistance to, the State or a
			 political subdivision of the State, nonprofit organizations, and other
			 interested parties;
				(3)hire and
			 compensate staff, including individuals with expertise in natural, cultural,
			 and historical resources protection and heritage programming;
				(4)obtain money or
			 services from any source, including under any other Federal law or
			 program;
				(5)contract for goods
			 or services; and
				(6)carry out any
			 other activity that—
					(A)furthers the
			 purposes of the Heritage Area; and
					(B)is consistent with
			 the approved management plan.
					(b)DutiesThe
			 management entity shall—
				(1)in accordance with
			 section 5, prepare and submit a management plan for the Heritage Area to the
			 Secretary;
				(2)give priority to
			 implementing actions covered by the management plan, including assisting units
			 of local government, regional planning organizations, and nonprofit
			 organizations in carrying out the approved management plan by—
					(A)carrying out
			 programs and projects that recognize, protect, and enhance important resource
			 values in the Heritage Area;
					(B)establishing and
			 maintaining interpretive exhibits and programs in the Heritage Area;
					(C)developing
			 recreational and educational opportunities in the Heritage Area;
					(D)increasing public
			 awareness of, and appreciation for, natural, historical, scenic, and cultural
			 resources of the Heritage Area;
					(E)protecting and
			 restoring historic sites and buildings in the Heritage Area that are consistent
			 with the themes of the Heritage Area;
					(F)ensuring that
			 clear, consistent, and appropriate signs identifying points of public access
			 and sites of interest are posted throughout the Heritage Area; and
					(G)promoting a wide
			 range of partnerships among governments, organizations, and individuals to
			 further the Heritage Area;
					(3)consider the
			 interests of diverse units of government, businesses, organizations, nonprofit
			 groups, and individuals in the Heritage Area in the preparation and
			 implementation of the management plan;
				(4)conduct meetings
			 open to the public at least semiannually regarding the development and
			 implementation of the management plan;
				(5)for any year for
			 which Federal funds have been received under this Act—
					(A)submit an annual
			 report to the Secretary that describes the activities, expenses, and income of
			 the management entity, including any grants to any other entities;
					(B)make available to
			 the Secretary for audit all records relating to the expenditure of the Federal
			 funds and any matching funds; and
					(C)require, with
			 respect to all agreements authorizing the expenditure of Federal funds by other
			 organizations, that the organizations receiving the Federal funds make
			 available to the Secretary for audit all records concerning the expenditure of
			 the funds; and
					(6)encourage by
			 appropriate means economic viability that is consistent with the Heritage
			 Area.
				(c)Prohibition on
			 the acquisition of real propertyThe management entity shall not
			 use Federal funds made available under this Act to acquire real property or any
			 interest in real property.
			(d)Cost-sharing
			 requirementThe Federal share of the cost of any activity carried
			 out using any Federal funds made available under this Act shall be 50
			 percent.
			(e)Other
			 sourcesNothing in this Act precludes the management entity from
			 using Federal funds form other sources for authorized purposes.
			5.Management
			 plan
			(a)In
			 generalNot later than 3 years after the date of enactment of
			 this Act, the management entity shall submit to the Secretary for approval a
			 proposed management plan for the Heritage Area.
			(b)RequirementsThe
			 management plan shall—
				(1)incorporate an
			 integrated and cooperative approach for the protection, enhancement, and
			 interpretation of the natural, cultural, historic, scenic, and recreational
			 resources of the Heritage Area;
				(2)take into
			 consideration State and local plans;
				(3)include—
					(A)an inventory
			 of—
						(i)the resources
			 located in the core area described in section 3(b)(1); and
						(ii)any other
			 property in the core area that—
							(I)is related to the
			 themes of the Heritage Area; and
							(II)should be
			 preserved, restored, managed, or maintained because of the significance of the
			 property;
							(B)comprehensive
			 policies, strategies and recommendations for the conservation, funding,
			 management, and development of the Heritage Area;
					(C)a description of
			 actions that governments, private organizations, and individuals have agreed to
			 take to protect the natural, historical and cultural resources of the Heritage
			 Area;
					(D)a program of
			 implementation for the management plan by the management entity that includes a
			 description of—
						(i)actions to
			 facilitate ongoing collaboration among partners to promote plans for resource
			 protection, restoration, and construction; and
						(ii)specific
			 commitments for implementation that have been made by the management entity or
			 any government, organization, or individual for the first 5 years of operation
			 of the Heritage Area;
						(E)the identification
			 of sources of funding for carrying out the management plan;
					(F)analysis and
			 recommendations for means by which Federal, State, and local programs may best
			 be coordinated to carry out this Act, including recommendations for the role of
			 the National Park Service in the Heritage Area; and
					(G)an interpretive
			 plan for the Heritage Area; and
					(4)recommend policies
			 and strategies for resource management that consider and describe the
			 application of appropriate land and water management techniques, including the
			 development of intergovernmental and interagency cooperative agreements to
			 protect the natural, historical, cultural, educational, scenic, and
			 recreational resources of the Heritage Area.
				(c)DeadlineIf a proposed management plan is not
			 submitted to the Secretary by the date that is 3 years after the date of
			 enactment of this Act, the management entity shall be ineligible to receive
			 additional funding under this Act until the date on which the Secretary
			 approves a management plan.
			(d)Approval or
			 disapproval of management plan
				(1)In
			 generalNot later than 180 days after the date of receipt of the
			 management plan under subsection (a), the Secretary, in consultation with the
			 State, shall approve or disapprove the management plan.
				(2)Criteria for
			 approvalIn determining whether to approve the management plan,
			 the Secretary shall consider whether—
					(A)the management
			 entity is representative of the diverse interests of the Heritage Area,
			 including governments, natural and historic resource protection organizations,
			 educational institutions, businesses, and recreational organizations;
					(B)the management
			 entity has afforded adequate opportunity, including public hearings, for public
			 and governmental involvement in the preparation of the management plan;
			 and
					(C)the resource
			 protection and interpretation strategies contained in the management plan, if
			 implemented, would adequately protect the natural, historical, and cultural
			 resources of the Heritage Area.
					(3)Action following
			 disapprovalIf the Secretary disapproves the management plan
			 under paragraph (1), the Secretary shall—
					(A)advise the
			 management entity in writing of the reasons for the disapproval;
					(B)make
			 recommendations for revisions to the management plan; and
					(C)not later than 180
			 days after the receipt of any proposed revision of the management plan from the
			 management entity, approve or disapprove the proposed revision.
					(4)Amendments
					(A)In
			 generalThe Secretary shall approve or disapprove each amendment
			 to the management plan that the Secretary determines would make a substantial
			 change to the management plan.
					(B)Use of
			 fundsThe management entity shall not use Federal funds
			 authorized by this Act to carry out any amendments to the management plan until
			 the Secretary has approved the amendments.
					6.Relationship to
			 other Federal agencies
			(a)In
			 generalNothing in this Act affects the authority of a Federal
			 agency to provide technical or financial assistance under any other law.
			(b)Technical and
			 financial assistance
				(1)In
			 generalOn the request of the management entity, the Secretary
			 may provide financial assistance and, on a reimbursable or nonreimbursable
			 basis, technical assistance to the management entity to develop and implement
			 the management plan.
				(2)Cooperative
			 agreementsThe Secretary may enter into cooperative agreements
			 with the management entity and other public or private entities to provide
			 technical or financial assistance under paragraph (1).
				(3)PriorityIn
			 assisting the Heritage Area, the Secretary shall give priority to actions that
			 assist in—
					(A)conserving the
			 significant natural, historic, cultural, and scenic resources of the Heritage
			 Area; and
					(B)providing
			 educational, interpretive, and recreational opportunities consistent with the
			 purposes of the Heritage Area.
					(c)Consultation and
			 coordinationTo the maximum extent practicable, the head of any
			 Federal agency planning to conduct activities that may have an impact on the
			 Heritage Area is encouraged to consult and coordinate the activities with the
			 Secretary and the management entity.
			(d)Other Federal
			 agenciesNothing in this Act—
				(1)modifies or alters
			 any laws (including regulations) authorizing a Federal agency to manage Federal
			 land under the jurisdiction of the Federal agency;
				(2)limits the
			 discretion of a Federal land manager to implement an approved land use plan
			 within the boundaries of the Heritage Area; or
				(3)modifies, alters,
			 or amends any authorized use of Federal land under the jurisdiction of a
			 Federal agency.
				7.Private property
			 and regulatory protectionsNothing in this Act—
			(1)abridges the
			 rights of any owner of public or private property, including the right to
			 refrain from participating in any plan, project, program, or activity conducted
			 within the Heritage Area;
			(2)requires any
			 property owner to—
				(A)permit public
			 access (including access by Federal, State, or local agencies) to the property
			 of the property owner; or
				(B)modify public
			 access to, or use of, the property of the property owner under any other
			 Federal, State, or local law;
				(3)alters any land
			 use regulation, approved land use plan, or other regulatory authority of any
			 Federal, State, or local agency;
			(4)conveys any land
			 use or other regulatory authority to the management entity;
			(5)authorizes or
			 implies the reservation or appropriation of water or water rights;
			(6)diminishes the
			 authority of the State to manage fish and wildlife, including the regulation of
			 fishing and hunting within the Heritage Area; or
			(7)creates any
			 liability, or affects any liability under any other law, of any private
			 property owner with respect to any person injured on the private
			 property.
			8.Evaluation;
			 report
			(a)In
			 generalNot later than 3 years before the date on which authority
			 for Federal funding terminates for the Heritage Area under section 10, the
			 Secretary shall—
				(1)conduct an
			 evaluation of the accomplishments of the Heritage Area; and
				(2)prepare a report
			 in accordance with subsection (c).
				(b)EvaluationAn
			 evaluation conducted under subsection (a)(1) shall—
				(1)assess the
			 progress of the management entity with respect to—
					(A)accomplishing the
			 purposes of this Act for the Heritage Area; and
					(B)achieving the
			 goals and objectives of the approved management plan for the Heritage
			 Area;
					(2)analyze the
			 Federal, State, local, and private investments in the Heritage Area to
			 determine the leverage and impact of the investments; and
				(3)review the
			 management structure, partnership relationships, and funding of the Heritage
			 Area for purposes of identifying the critical components for sustainability of
			 the Heritage Area.
				(c)Report
				(1)In
			 generalBased on the evaluation conducted under subsection
			 (a)(1), the Secretary shall prepare a report that includes recommendations for
			 the future role of the National Park Service, if any, with respect to the
			 Heritage Area.
				(2)Required
			 analysisIf the report prepared under paragraph (1) recommends
			 that Federal funding for the Heritage Area be reauthorized, the report shall
			 include an analysis of—
					(A)ways in which
			 Federal funding for the Heritage Area may be reduced or eliminated; and
					(B)the appropriate
			 time period necessary to achieve the recommended reduction or
			 elimination.
					(3)Submission to
			 CongressOn completion of the report, the Secretary shall submit
			 the report to—
					(A)the Committee on
			 Energy and Natural Resources of the Senate; and
					(B)the Committee on
			 Natural Resources of the House of Representatives.
					9.Authorization of
			 appropriationsThere is
			 authorized to be appropriated to carry out this Act $10,000,000, of which not
			 more than $1,000,000 may be made available for any fiscal year.
		10.Termination of
			 authorityThe authority of the
			 Secretary to provide assistance under this Act terminates on the date that is
			 15 years after the date of enactment of this Act.

		1.Short titleThis Act may be cited as the
			 Northern Plains National Heritage Area
			 Act.
		2.DefinitionsIn this Act:
			(1)Heritage
			 AreaThe term Heritage Area means the Northern
			 Plains National Heritage Area established by section 3(a).
			(2)Local coordinating
			 entityThe term local coordinating entity means the
			 Northern Plains Heritage Foundation, the local coordinating entity for the
			 Heritage Area designated by section 4(a).
			(3)Management
			 planThe term management plan means the management
			 plan for the Heritage Area required under section 5.
			(4)SecretaryThe
			 term Secretary means the Secretary of the Interior.
			(5)StateThe
			 term State means the State of North Dakota.
			3.Establishment
			(a)In
			 generalThere is established the Northern Plains National
			 Heritage Area in the State of North Dakota.
			(b)BoundariesThe
			 Heritage Area shall consist of—
				(1)a core area of resources
			 in Burleigh, McLean, Mercer, Morton, and Oliver Counties in the State;
			 and
				(2)any sites, buildings, and
			 districts within the core area recommended by the management plan for inclusion
			 in the Heritage Area.
				(c)MapA map
			 of the Heritage Area shall be—
				(1)included in the
			 management plan; and
				(2)on file and available for
			 public inspection in the appropriate offices of the local coordinating entity
			 and the National Park Service.
				4.Local coordinating
			 entity
			(a)In
			 generalThe local coordinating entity for the Heritage Area shall
			 be the Northern Plains Heritage Foundation, a nonprofit corporation established
			 under the laws of the State.
			(b)DutiesTo
			 further the purposes of the Heritage Area, the Northern Plains Heritage
			 Foundation, as the local coordinating entity, shall—
				(1)prepare a management plan
			 for the Heritage Area, and submit the management plan to the Secretary, in
			 accordance with this Act;
				(2)submit an annual report
			 to the Secretary for each fiscal year for which the local coordinating entity
			 receives Federal funds under this Act, specifying—
					(A)the specific performance
			 goals and accomplishments of the local coordinating entity;
					(B)the expenses and income
			 of the local coordinating entity;
					(C)the amounts and sources
			 of matching funds;
					(D)the amounts leveraged
			 with Federal funds and sources of the leveraged funds; and
					(E)grants made to any other
			 entities during the fiscal year;
					(3)make available for audit
			 for each fiscal year for which the local coordinating entity receives Federal
			 funds under this Act, all information pertaining to the expenditure of the
			 funds and any matching funds; and
				(4)encourage economic
			 viability and sustainability that is consistent with the purposes of the
			 Heritage Area.
				(c)AuthoritiesFor
			 the purposes of preparing and implementing the approved management plan for the
			 Heritage Area, the local coordinating entity may use Federal funds made
			 available under this Act to—
				(1)make grants to political
			 jurisdictions, nonprofit organizations, and other parties within the Heritage
			 Area;
				(2)enter into cooperative
			 agreements with or provide technical assistance to political jurisdictions,
			 nonprofit organizations, Federal agencies, and other interested parties;
				(3)hire and compensate
			 staff, including individuals with expertise in—
					(A)natural, historical,
			 cultural, educational, scenic, and recreational resource conservation;
					(B)economic and community
			 development; and
					(C)heritage planning;
					(4)obtain funds or services
			 from any source, including other Federal programs;
				(5)contract for goods or
			 services; and
				(6)support activities of
			 partners and any other activities that further the purposes of the Heritage
			 Area and are consistent with the approved management plan.
				(d)Prohibition on
			 acquisition of real propertyThe local coordinating entity may
			 not use Federal funds authorized to be appropriated under this Act to acquire
			 any interest in real property.
			(e)Other
			 sourcesNothing in this Act precludes the local coordinating
			 entity from using Federal funds from other sources for authorized
			 purposes.
			5.Management plan
			(a)In
			 generalNot later than 3 years after the date of enactment of
			 this Act, the local coordinating entity shall submit to the Secretary for
			 approval a proposed management plan for the Heritage Area.
			(b)RequirementsThe management plan for the Heritage Area
			 shall—
				(1)describe comprehensive
			 policies, goals, strategies, and recommendations for telling the story of the
			 heritage of the area covered by the Heritage Area and encouraging long-term
			 resource protection, enhancement, interpretation, funding, management, and
			 development of the Heritage Area;
				(2)include a description of
			 actions and commitments that Federal, State, tribal, and local governments,
			 private organizations, and citizens will take to protect, enhance, interpret,
			 fund, manage, and develop the natural, historical, cultural, educational,
			 scenic, and recreational resources of the Heritage Area;
				(3)specify existing and
			 potential sources of funding or economic development strategies to protect,
			 enhance, interpret, fund, manage, and develop the Heritage Area;
				(4)include an inventory of
			 the natural, historical, cultural, educational, scenic, and recreational
			 resources of the Heritage Area relating to the national importance and themes
			 of the Heritage Area that should be protected, enhanced, interpreted, managed,
			 funded, and developed;
				(5)recommend policies and
			 strategies for resource management, including the development of
			 intergovernmental and interagency agreements to protect, enhance, interpret,
			 fund, manage, and develop the natural, historical, cultural, educational,
			 scenic, and recreational resources of the Heritage Area;
				(6)describe a program for
			 implementation for the management plan, including—
					(A)performance goals;
					(B)plans for resource
			 protection, enhancement, interpretation, funding, management, and development;
			 and
					(C)specific commitments for
			 implementation that have been made by the local coordinating entity or any
			 Federal, State, tribal, or local government agency, organization, business, or
			 individual;
					(7)include an analysis of,
			 and recommendations for, means by which Federal, State, tribal, and local
			 programs may best be coordinated (including the role of the National Park
			 Service and other Federal agencies associated with the Heritage Area) to
			 further the purposes of this Act; and
				(8)include a business plan
			 that—
					(A)describes the role,
			 operation, financing, and functions of the local coordinating entity and of
			 each of the major activities described in the management plan; and
					(B)provides adequate
			 assurances that the local coordinating entity has the partnerships and
			 financial and other resources necessary to implement the management plan for
			 the Heritage Area.
					(c)Deadline
				(1)In
			 generalNot later than 3 years after the date on which funds are
			 first made available to develop the management plan after designation of the
			 Heritage Area, the local coordinating entity shall submit the management plan
			 to the Secretary for approval.
				(2)Termination of
			 fundingIf the management plan is not submitted to the Secretary
			 in accordance with paragraph (1), the local coordinating entity shall not
			 qualify for any additional financial assistance under this Act until such time
			 as the management plan is submitted to and approved by the Secretary.
				(d)Approval of management
			 plan
				(1)ReviewNot
			 later than 180 days after receiving the plan, the Secretary shall review and
			 approve or disapprove the management plan for the Heritage Area on the basis of
			 the criteria established under paragraph (2).
				(2)Criteria for
			 approvalIn determining whether to approve a management plan for
			 the Heritage Area, the Secretary shall consider whether—
					(A)the local coordinating
			 entity represents the diverse interests of the Heritage Area, including
			 Federal, State, tribal, and local governments, natural, and historic resource
			 protection organizations, educational institutions, businesses, recreational
			 organizations, community residents, and private property owners;
					(B)the local coordinating
			 entity—
						(i)has afforded adequate
			 opportunity for public and Federal, State, tribal, and local governmental
			 involvement (including through workshops and hearings) in the preparation of
			 the management plan; and
						(ii)provides for at least
			 semiannual public meetings to ensure adequate implementation of the management
			 plan;
						(C)the resource protection,
			 enhancement, interpretation, funding, management, and development strategies
			 described in the management plan, if implemented, would adequately protect,
			 enhance, interpret, fund, manage, and develop the natural, historic, cultural,
			 educational, scenic, and recreational resources of the Heritage Area;
					(D)the management plan would
			 not adversely affect any activities authorized on Federal land under public
			 land laws or land use plans;
					(E)the local coordinating
			 entity has demonstrated the financial capability, in partnership with others,
			 to carry out the plan;
					(F)the Secretary has
			 received adequate assurances from the appropriate State, tribal, and local
			 officials whose support is needed to ensure the effective implementation of the
			 State, tribal, and local elements of the management plan; and
					(G)the management plan
			 demonstrates partnerships among the local coordinating entity, Federal, State,
			 tribal, and local governments, regional planning organizations, nonprofit
			 organizations, or private sector parties for implementation of the management
			 plan.
					(3)Disapproval
					(A)In
			 generalIf the Secretary disapproves the management plan, the
			 Secretary—
						(i)shall advise the local
			 coordinating entity in writing of the reasons for the disapproval; and
						(ii)may make recommendations
			 to the local coordinating entity for revisions to the management plan.
						(B)DeadlineNot
			 later than 180 days after receiving a revised management plan, the Secretary
			 shall approve or disapprove the revised management plan.
					(4)Amendments
					(A)In
			 generalAn amendment to the management plan that substantially
			 alters the purposes of the Heritage Area shall be reviewed by the Secretary and
			 approved or disapproved in the same manner as the original management
			 plan.
					(B)ImplementationThe
			 local coordinating entity shall not use Federal funds authorized to be
			 appropriated by this Act to implement an amendment to the management plan until
			 the Secretary approves the amendment.
					(5)AuthoritiesThe
			 Secretary may—
					(A)provide technical
			 assistance under this Act for the development and implementation of the
			 management plan; and
					(B)enter into cooperative
			 agreements with interested parties to carry out this Act.
					6.Relationship to other
			 Federal agencies
			(a)In
			 generalNothing in this Act affects the authority of a Federal
			 agency to provide technical or financial assistance under any other law.
			(b)Technical and financial
			 assistance
				(1)In
			 generalOn the request of the local coordinating entity, the
			 Secretary may provide financial assistance and, on a reimbursable or
			 nonreimbursable basis, technical assistance to the local coordinating entity to
			 develop and implement the management plan.
				(2)Cooperative
			 agreementsThe Secretary may enter into cooperative agreements
			 with the local coordinating entity and other public or private entities to
			 provide technical or financial assistance under paragraph (1).
				(3)PriorityIn
			 assisting the Heritage Area, the Secretary shall give priority to actions that
			 assist in—
					(A)conserving the
			 significant natural, historic, cultural, and scenic resources of the Heritage
			 Area; and
					(B)providing educational,
			 interpretive, and recreational opportunities consistent with the purposes of
			 the Heritage Area.
					(c)Consultation and
			 coordinationTo the maximum extent practicable, the head of any
			 Federal agency planning to conduct activities that may have an impact on the
			 Heritage Area is encouraged to consult and coordinate the activities with the
			 Secretary and the local coordinating entity.
			(d)Other Federal
			 agenciesNothing in this Act—
				(1)modifies or alters any
			 laws (including regulations) authorizing a Federal agency to manage Federal
			 land under the jurisdiction of the Federal agency;
				(2)limits the discretion of
			 a Federal land manager to implement an approved land use plan within the
			 boundaries of the Heritage Area; or
				(3)modifies, alters, or
			 amends any authorized use of Federal land under the jurisdiction of a Federal
			 agency.
				7.Private property and
			 regulatory protectionsNothing
			 in this Act—
			(1)abridges the rights of
			 any owner of public or private property, including the right to refrain from
			 participating in any plan, project, program, or activity conducted within the
			 Heritage Area;
			(2)requires any property
			 owner to—
				(A)permit public access
			 (including access by Federal, State, or local agencies) to the property of the
			 property owner; or
				(B)modify public access to,
			 or use of, the property of the property owner under any other Federal, State,
			 or local law;
				(3)alters any duly adopted
			 land use regulation, approved land use plan, or other regulatory authority of
			 any Federal, State, tribal, or local agency;
			(4)conveys any land use or
			 other regulatory authority to the local coordinating entity;
			(5)authorizes or implies the
			 reservation or appropriation of water or water rights;
			(6)diminishes the authority
			 of the State to manage fish and wildlife, including the regulation of fishing
			 and hunting within the Heritage Area; or
			(7)creates any liability, or
			 affects any liability under any other law, of any private property owner with
			 respect to any person injured on the private property.
			8.Evaluation;
			 report
			(a)In
			 generalNot later than 3 years before the date on which authority
			 for Federal funding terminates for the Heritage Area under section 10, the
			 Secretary shall—
				(1)conduct an evaluation of
			 the accomplishments of the Heritage Area; and
				(2)prepare a report in
			 accordance with subsection (c).
				(b)EvaluationAn
			 evaluation conducted under subsection (a)(1) shall—
				(1)assess the progress of
			 the local coordinating entity with respect to—
					(A)accomplishing the
			 purposes of this Act for the Heritage Area; and
					(B)achieving the goals and
			 objectives of the approved management plan for the Heritage Area;
					(2)analyze the Federal,
			 State, local, and private investments in the Heritage Area to determine the
			 leverage and impact of the investments; and
				(3)review the management
			 structure, partnership relationships, and funding of the Heritage Area for
			 purposes of identifying the critical components for sustainability of the
			 Heritage Area.
				(c)Report
				(1)In
			 generalBased on the evaluation conducted under subsection
			 (a)(1), the Secretary shall prepare a report that includes recommendations for
			 the future role of the National Park Service, if any, with respect to the
			 Heritage Area.
				(2)Required
			 analysisIf the report prepared under paragraph (1) recommends
			 that Federal funding for the Heritage Area be reauthorized, the report shall
			 include an analysis of—
					(A)ways in which Federal
			 funding for the Heritage Area may be reduced or eliminated; and
					(B)the appropriate time
			 period necessary to achieve the recommended reduction or elimination.
					(3)Submission to
			 CongressOn completion of the report, the Secretary shall submit
			 the report to—
					(A)the Committee on Energy
			 and Natural Resources of the Senate; and
					(B)the Committee on Natural
			 Resources of the House of Representatives.
					9.Authorization of
			 appropriations
			(a)In
			 generalThere is authorized
			 to be appropriated to carry out this Act $10,000,000, of which not more than
			 $1,000,000 may be made available for any fiscal year.
			(b)Cost-sharing
			 requirement
				(1)In
			 generalThe Federal share of the total cost of any activity under
			 this Act shall be not more than 50 percent.
				(2)FormThe
			 non-Federal contribution may be in the form of in-kind contributions of goods
			 or services fairly valued.
				10.Termination of
			 authorityThe authority of the
			 Secretary to provide assistance under this Act terminates on the date that is
			 15 years after the date of enactment of this Act.
		Amend the title so as to read:
	 A bill to establish the Northern Plains National Heritage Area in the
	 State of North Dakota..

		April 10, 2008
		Reported with an amendment and an amendment to the
		  title


115 HR 3659 IH: Fair Accounting for Condominium Construction Act
U.S. House of Representatives
2017-08-18
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I115th CONGRESS1st SessionH. R. 3659IN THE HOUSE OF REPRESENTATIVESAugust 18, 2017Mr. Curbelo of Florida (for himself and Mr. Crowley) introduced the following bill; which was referred to the Committee on Ways and MeansA BILLTo amend the Internal Revenue Code of 1986 to provide an exception to percentage of completion
			 method of accounting for certain residential construction contracts.

 1.Short titleThis Act may be cited as the Fair Accounting for Condominium Construction Act. 2.Exception to percentage of completion method of accounting for certain residential construction contracts (a)In generalSubsection (e) of section 460 of the Internal Revenue Code of 1986 is amended—
 (1)in paragraph (1)— (A)by striking home construction contract both places it appears and inserting residential construction contract; and
 (B)by inserting (in the case of a residential construction contract which is not a home construction contract, determined by substituting 5-year for 2-year in subparagraph (B)(i)) after the requirements of clauses (i) and (ii) of subparagraph (B) are not met; and
 (2)by striking paragraph (5) and redesignating paragraph (6) as paragraph (5). (b)Application of exception for purposes of alternative minimum taxSection 56(a)(3) of such Code is amended by striking any home construction contract (as defined in section 460(e)(6)) and inserting any residential construction contract (as defined in section 460(e)(5)).
 (c)Effective dateThe amendments made by this section shall apply to contracts entered into after the date of the enactment of this Act.


114 HR 1661 IH: Mutual Bank Capital Opportunity Act of 2015
U.S. House of Representatives
2015-03-26
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		114th CONGRESS
		1st Session
		H. R. 1661
		IN THE HOUSE OF REPRESENTATIVES

			March 26, 2015
			Mr. Rothfus (for himself, Mr. Stivers, and Mr. Barr) introduced the following bill; which was referred to the Committee on Financial Services

		A BILL
		To amend the Federal Deposit Insurance Act to allow mutual capital certificates to satisfy capital
			 requirements for mutual depositories.

 1.Short titleThis Act may be cited as the Mutual Bank Capital Opportunity Act of 2015. 2.Treatment of mutual capital certificates (a)In generalSection 38 of the Federal Deposit Insurance Act (12 U.S.C. 1831o) is amended—
 (1)in subsection (b)(2)— (A)by redesignating subparagraphs (F) through (I) as subparagraphs (H) through (K), respectively; and
 (B)by inserting after subparagraph (E) the following new subparagraphs:  (F)Mutual capital certificateThe term mutual capital certificate means a financial instrument issued by a mutual depository pursuant to subsection (c)(1)(C) that—
 (i)is subordinate to all claims against such mutual depository; (ii)is unsecured by the assets of such mutual depository;
 (iii)does not permit preemptive rights; (iv)does not provide voting or member rights to the holder unless the board of directors of such mutual depository proposes to change the specific terms of any class of such certificates in a manner adverse to the interests of the holder;
 (v)is not eligible for use as collateral for any loan made by such mutual depository; (vi)if declared by the board of directors of such mutual depository, entitles the holder to a payment of fixed, variable, or participating dividends; and
 (vii)is not redeemable until the date that is 5 years after the date of issuance, except in the case of merger, conversion, or consolidation of such mutual depository, or reorganization of such mutual depository into a mutual holding company or a Federal mutual bank holding company (as such term is defined in section 5133A(a) of the Revised Statutes of the United States).
 (G)Mutual depositoryThe term mutual depository means an insured depository institution operating in a non-stock form, including a Federal non-stock depository and any form of non-stock depository provided for under State law, the deposits of which are insured by an instrumentality of the Federal Government.; and
 (2)in subsection (c)(1)— (A)in subparagraph (A), by inserting and subparagraph (C) after subparagraph (B)(ii); and
 (B)by inserting after subparagraph (B) the following new subparagraph:  (C)Mutual capital certificatesA mutual depository is authorized to issue mutual capital certificates that shall qualify as common equity Tier 1 capital (as such term is defined by the appropriate Federal banking agency) for purposes of any capital requirements mandated by any Federal law or regulation..
 (b)RegulationsNot later than 180 days after the date of enactment of this section, the appropriate Federal banking agencies (as defined in section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813)) shall jointly issue regulations to implement this section.


113 HR 1360 IH: Military Retiree Survivor Comfort Act
U.S. House of Representatives
2013-03-21
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		113th CONGRESS
		1st Session
		H. R. 1360
		IN THE HOUSE OF REPRESENTATIVES

			March 21, 2013
			Mr. Jones introduced
			 the following bill; which was referred to the
			 Committee on Armed
			 Services

		A BILL
		To amend title 10, United States Code, to provide for
		  forgiveness of certain overpayments of retired pay paid to deceased retired
		  members of the Armed Forces following their death.

		1.Short titleThis Act may be cited as the
			 Military Retiree Survivor Comfort
			 Act.
		2.Forgiveness of
			 certain overpayments of retired pay paid for periods after death of retired
			 members
			(a)Forgiveness When
			 Payments Deposited to Joint AccountsSection 2771 of title 10,
			 United States Code, is amended by adding at the end the following new
			 subsection:

					(e)The United States
				shall forgive any overpayment of retired or retainer pay arising from payment
				of such retired or retainer pay for any period after the date of the death of
				the recipient through the last day of the month in which such death occurs if
				such payment is electronically deposited in an accredited financial institution
				to a joint account bearing the name of the decedent and another individual who
				is the decedent’s designated beneficiary under subsection
				(a)(1).
					.
			(b)Coordination
			 With Survivor Benefit PlanSection 1450 of title 10, United
			 States Code, is amended—
				(1)in subsection (a), by inserting or
			 that applies under subsection (n) after under subsection
			 (j); and
				(2)by adding at the
			 end the following new subsection:

						(n)Special
				Effective Date Rule When Final Retired Pay Overpayment Is Forgiven
							(1)Annuity
				effective on first day of month after deathIn a case covered by
				paragraph (2), an annuity payable to a surviving spouse shall be effective on
				the first day of the first month beginning after the death of the person to
				whom section 1448 of this title applies, rather than on the date otherwise
				applicable under subsection (a).
							(2)Covered
				casesParagraph (1) applies in a case in which—
								(A)there is an
				overpayment of retired pay of a person to whom section 1448 of this title
				applies that is forgiven pursuant to section 2771(e) of this title; and
								(B)the person who is the designated
				beneficiary of such person under section 2771(a)(1) of this title is the
				surviving spouse of such
				person.
								.
				(c)Effective
			 DateSubsection (e) of section 2771 of title 10, United States
			 Code, as added by subsection (a), shall apply with respect to payments made to
			 persons dying on or after the date of the enactment of this Act.


I
111th CONGRESS 1st Session
H. R. 34
IN THE HOUSE OF REPRESENTATIVES

January 6, 2009
Mr. Nadler of New York introduced the following bill; which was referred to the Committee on the Judiciary

A BILL
To delay the implementation of agency rules adopted within the final 90 days of the final term a President serves.

1.Short titleThis Act may be cited as the Midnight Rule Act.
2.Restrictions on midnight rulemakingTitle 5, United States Code, is amended by inserting after section 555 the following new section:

555a.Restrictions on midnight rulemaking
(a)Rules adopted in the final 90 days of a presidential administrationNotwithstanding section 801, a midnight rule shall not take effect until 90 days after the agency head is appointed by the new President.
(b)Presidential authority
(1)NoticeNotwithstanding any other provision of this section, a midnight rule that would not take effect by reason of subsection (a) may take effect if the President serving his final term makes a determination under paragraph (2) and submits written notice of such determination to the Congress.
(2)ExceptionsA determination under this paragraph is a determination made by the President by Executive Order that the midnight rule should take effect because such rule is—
(A)necessary because of an imminent threat to health or safety or other emergency;
(B)necessary for the enforcement of criminal laws;
(C)necessary for national security; or
(D)issued pursuant to any statute implementing an international trade agreement.
(3)Effect on congressional disapproval proceduresAn exercise by the President of the authority under this subsection shall have no effect on congressional disapproval procedures under section 802 or congressional review under section 801.
(c)Disapproval by a new agency head
(1)DisapprovalThe agency head appointed by the new President may disapprove of a midnight rule no later than 90 days after being appointed.
(2)ProcedureThe agency head appointed by the new President may disapprove a midnight rule by publishing a statement of disapproval in the Federal Register and sending a notice of disapproval to the congressional committees of jurisdiction.
(d)DefinitionsThe term midnight rule means a rule adopted by an agency within the final 90 days a President serves in office..
3.Clerical amendmentThe table of contents of chapter 5 of title 5, United States Code, is amended by inserting after the item relating to section 555 the following new item:

555a. Midnight rulemaking..
4.Effective dateThe amendments made by this Act shall apply to any rule adopted on or after October 22, 2008.


		II
		112th CONGRESS
		1st Session
		S. 1640
		IN THE SENATE OF THE UNITED STATES

			October 3, 2011
			Mr. Casey introduced the
			 following bill; which was read twice and referred to the
			 Committee on Agriculture, Nutrition, and
			 Forestry

		A BILL
		To amend the Agricultural Adjustment Act to require the
		  Secretary of Agriculture to determine the price of all milk used for
		  manufactured purposes, which shall be classified as Class II milk, by using the
		  national average cost of production, and for other purposes.

		1.Short titleThis Act may be cited as the
			 Federal Milk Marketing Improvement Act
			 of 2011.
		2.Prices received
			 for milk under milk marketing ordersSection 8c(5)(B) of the Agricultural
			 Adjustment Act (7 U.S.C. 608c(5)(B)), reenacted with amendments by the
			 Agricultural Marketing Agreement Act of 1937, is amended—
			(1)in the first
			 clauses (i) and (ii), by inserting (based on the blended price of all
			 milk covered by the order) after uniform prices each
			 place it appears; and
			(2)in clause (b) of
			 the matter following the first clause (ii), by inserting and the
			 component value after quality.
			3.Class II milk
			 pricingSection 8c(5) of the
			 Agricultural Adjustment Act (7 U.S.C. 608c(5)), reenacted with amendments by
			 the Agricultural Marketing Agreement Act of 1937, is amended by adding at the
			 end the following:

				(P)Class II milk
				pricing
					(i)Definition of
				national average cost of productionIn this subparagraph, the
				term national average cost of production means the amount, as
				determined by the Economic Research Service of the Department of Agriculture,
				equal to the difference between—
						(I)the national
				average of the operating cost and the allocated overhead cost of producing all
				milk in the 48 contiguous States; and
						(II)the opportunity
				cost for unpaid labor of producing all milk in the 48 contiguous States.
						(ii)Minimum
				priceThe Secretary shall base the minimum price for Class II
				milk on the national average cost of production.
					(iii)SurveyFor
				purposes of determining the national average cost of production under clause
				(i), the Secretary shall survey dairy producers and associations of dairy
				producers subject to Federal and State milk marketing orders and in all
				unregulated areas applicable to all milk.
					(iv)Price
				announcement
						(I)In
				generalNot later than November 1 of each calendar year, the
				Secretary shall announce the minimum price for Class II milk for the next
				calendar year, as determined in accordance with clause (ii).
						(II)AdjustmentsUsing
				the most currently available national average cost of production, the Secretary
				shall adjust the price announced under subclause (I) for a calendar year on
				April 1, July 1, and October 1 of the calendar year.
						(III)NotificationNot
				later than 15 days prior to the effective date of a price adjustment under this
				clause, the Secretary shall submit notification of the adjusted price
				to—
							(aa)the Committee on
				Agriculture of the House of Representatives;
							(bb)the Committee on
				Agriculture, Nutrition, and Forestry of the Senate;
							(cc)each
				administrator of a Federal milk marketing order;
							(dd)each State
				agency that oversees the pricing of milk paid to dairy producers; and
							(ee)other applicable
				Federal and State agencies.
							(IV)PublicationAfter
				receiving notification under subclause (III)(cc), each administrator of a
				Federal milk marketing order shall publish the decision of the Secretary in all
				bulletins and publications of the Federal milk marketing order.
						(v)Basic formula
				price
						(I)In
				generalThe Secretary shall use the Class II milk price announced
				under clause (iv) as the basic formula price for all Federal and State milk
				marketing orders and all unregulated milk production areas.
						(II)Class I
				milk
							(aa)In
				generalThe price of Class I milk in all Federal and State milk
				marketing orders and all unregulated milk production areas shall be equal
				to—
								(AA)the basic
				formula price under subclause (I); plus
								(BB)the applicable
				Class I milk differential under Federal and State milk marketing orders.
								(bb)Unregulated
				areasFor purposes of item (aa)(BB), the Secretary shall assign
				comparable Class I milk differentials to each unregulated
				area.
							.
		4.Inventory
			 management programSection
			 8c(5) of the Agricultural Adjustment Act (7 U.S.C. 608c(5)), reenacted with
			 amendments by the Agricultural Marketing Agreement Act of 1937, as amended by
			 section 3, is amended by adding at the end the following:

				(Q)Inventory
				management program
					(i)Milk production
				totalsNot later than February 1 of each calendar year, the
				Secretary shall determine the total quantity of all milk produced by each dairy
				producer or farming operation during the 3 preceding calendar years.
					(ii)Production
				base
						(I)In
				generalThe starting production base of a dairy producer shall be
				the average quantity of milk produced by the dairy producer during the 3
				calendar years immediately preceding the date of enactment of this
				subparagraph.
						(II)AdjustmentThe
				production base of a dairy producer shall be adjusted on January 1st of each
				year.
						(III)LimitationThe
				production base of a dairy producer shall be based on the dairy producer, not
				the farming operation, and may not be sold, transferred, bartered, or
				donated.
						(IV)New dairy
				producer exceptionA new dairy producer, as defined by the
				Secretary, shall—
							(aa)during the
				1-year period beginning on the date on which the new dairy producer commences
				operation, be exempt from any applicable price reduction relating to the first
				3,000,000 pounds of milk produced by the new dairy producer;
							(bb)in
				the case of any milk produced in excess of 3,000,000 pounds during that 1-year
				period, be subject to each price reduction described in clauses (vi) and (vii);
				and
							(cc)after that
				1-year period, be subject to each price reduction that applies to existing
				dairy producers.
							(iii)Estimation of
				annual milk production and domestic consumptionNot later than
				November 1 of each calendar year and taking into consideration the import
				projections and export projections for all milk products, the Secretary shall
				estimate the quantity of all milk to be produced in the 48 contiguous States
				and marketed by dairy producers for commercial use during the next 12
				months.
					(iv)Identification
				and determination of dairy products
						(I)In
				generalNot less frequently than once each quarter, the Secretary
				shall—
							(aa)identify all
				dairy products (including cheeses, curds, butter, butterfat, butter oil,
				buttermilk, anhydrous milk fat, dairy spreads, milk, cream, concentrated milk,
				condensed milk, nonfat dry milk powder, whole milk powder, skim milk powder,
				all other forms of powdered milk, yogurt, ice cream, whey, whey powder, dried
				whey, whey protein concentrate, all other forms of whey products, milk protein
				concentrate, milk protein isolate, casein, caseinates, lactose, food preps
				containing milk, and milk chocolate) imported into, or exported from, the
				United States; and
							(bb)determine the
				quantity of raw milk contained in each such product.
							(II)InclusionsIn
				identifying dairy products under subclause (I)(aa), the Secretary shall include
				any current or projected future imports or exports of a product used for dairy,
				a dairy substitute, or ingredient, including any product that does not have the
				status of generally recognized as safe, as determined by the
				Commissioner of Food and Drugs.
						(v)Excess
				production determinationNot more than once every 2 months, if
				the Secretary, acting through the Commodity Credit Corporation, has purchased
				the maximum quantity of milk and milk products as required by law to administer
				programs including child nutrition programs (as defined in section 25(b) of the
				Richard B. Russell National School Lunch Act (42
				U.S.C. 1769f(b)), feeding programs administered by the Secretary of
				Defense, institutional programs, and any other mandated Federal food or feeding
				programs, the Secretary shall determine whether an excess quantity of milk and
				milk products is being produced for the national domestic market.
					(vi)Reduction in
				price received
						(I)In
				generalSubject to subclauses (II), (IV), and (V), if the
				Secretary determines under clause (v) that there is excess production, the
				Secretary shall provide for a reduction in the price received by all dairy
				producers for not more than 5 percent of all milk produced in the 48 contiguous
				States and marketed by dairy producers for commercial use.
						(II)NotificationNot
				later than 15 days prior to the implementation of a reduction in price in
				accordance with subclause (I), the Secretary shall submit notification of, and
				justification for, the reduction in price to—
							(aa)the Committee on
				Agriculture of the House of Representatives;
							(bb)the Committee on
				Agriculture, Nutrition, and Forestry of the Senate;
							(cc)each
				administrator of a Federal milk marketing order;
							(dd)each State
				agency that oversees the pricing of milk paid to dairy producers; and
							(ee)other applicable
				Federal and State agencies.
							(III)PublicationAfter
				receiving notification under subclause (II)(cc), each administrator of a
				Federal milk marketing order shall publish the decision of the Secretary in all
				bulletins and publications of the Federal milk marketing order.
						(IV)LimitationThe
				Secretary shall not provide for a reduction in the price received by a dairy
				producer under subclause (I) unless the Secretary determines under this
				subparagraph that there exists a positive trade balance in dairy products that
				are imported into, or exported from, the United States, based on—
							(aa)dollar value;
				and
							(bb)the quantity of
				milk represented by imports and exports, as determined under this
				subparagraph.
							(V)AmountThe
				amount of the reduction under subclause (I) in the price received by dairy
				producers shall not exceed 1/2 the minimum price of Class
				II milk.
						(vii)Additional
				reduction
						(I)In
				generalIf the Secretary determines that the reduction described
				in clause (vi) is insufficient to reduce excess production, subject to
				subclauses (II) and (III) and clause (ii)(IV), the Secretary shall reduce the
				price received by any dairy producer or farming operation that has increased
				the production of all milk in a calendar quarter, as compared to the average
				quantity of milk produced in the corresponding calendar quarter in the previous
				3 years.
						(II)ApplicationA
				reduction in price under subclause (I) shall apply only to the quantity of milk
				produced in excess of the average quantity of milk produced in the
				corresponding calendar quarters in the previous 3 years.
						(III)NotificationNot
				later than 15 days prior to the implementation of a reduction in price in
				accordance with subclause (I), the Secretary shall submit notification of, and
				justification for, the reduction in price to—
							(aa)the Committee on
				Agriculture of the House of Representatives;
							(bb)the Committee on
				Agriculture, Nutrition, and Forestry of the Senate;
							(cc)each
				administrator of a Federal milk marketing order;
							(dd)each State
				agency that oversees the pricing of milk paid to dairy producers; and
							(ee)other applicable
				Federal and State agencies.
							(IV)PublicationAfter
				receiving notification under subclause (III)(cc), each administrator of a
				Federal milk marketing order shall publish the decision of the Secretary in all
				bulletins and publications of the Federal milk marketing order.
						(viii)Amounts
				derived from reduction in prices paid to dairy producers
						(I)In
				generalNot later than 30 days after the end of each quarter, the
				Secretary shall pay to the special dairy producer account established under
				subclause (II) any amounts derived from a reduction in milk prices paid to
				dairy producers under clauses (vi) and (vii).
						(II)Special dairy
				producer accountThe Commodity Credit Corporation shall establish
				a special dairy producer account in which amounts described in subclause (I)
				shall be credited.
						(ix)Appeals
						(I)In
				generalA dairy producer subject to an additional reduction under
				clause (vii) may appeal to the Federal or State milk marketing administrator to
				provide evidence that the dairy producer did not increase production in the
				calendar year that the reduction was in effect when compared to the average
				quantity of milk produced during the 3 previous years.
						(II)Return of
				amountsIf a dairy producer proves that the dairy producer did
				not increase total production for the effective calendar year, the Secretary
				shall return to the dairy producer any amounts collected for any overproduction
				of any quarter of the affected year.
						(III)Submission of
				appealA dairy producer that ships to an unregulated milk handler
				may submit any appeal of the dairy producer to the Secretary or to the
				designated representative of the Secretary.
						(x)Extraordinary
				circumstancesIn deciding an appeal submitted by a dairy producer
				under clause (ix), a Federal or State milk marketing administrator (or, in the
				case of an appeal under clause (ix)(III), the Secretary or the designated
				representative of the Secretary) shall take into consideration production
				losses due to, at a minimum, fire, severe weather conditions, or severe disease
				outbreaks.
					(xi)CollectionExcept
				as provided in clause (xii), reductions in price required under clause (vi) or
				(vii) shall be collected by Federal and State milk marketing administrators and
				timely remitted to the Commodity Credit Corporation to offset the cost of
				purchasing excess milk products.
					(xii)Collection in
				unregulated areasReductions in price required for unregulated
				areas under subclause (IV) or (VI) shall be collected by the Secretary and
				timely remitted to the Commodity Credit Corporation to offset the cost of
				purchasing excess milk products.
					(R)Prohibition on
				certain chargesIn carrying out this Act, the Secretary shall not
				impose charges on dairy producers for the cost of the conversion of raw milk to
				manufactured products.
				(S)Responsibilities
				of milk purchasing handlersA milk handler that purchases milk
				from a dairy producer shall assume title for the milk at the time at which the
				milk is pumped into a milk truck provided by or otherwise delivered to the milk
				handler.
				(T)ApplicabilitySubparagraphs
				(P) through (S) apply to all dairy producers and handlers of milk in the 48
				contiguous
				States.
				.
		5.Amendments to
			 Federal milk marketing ordersSection 8c(17) of the Agricultural
			 Adjustment Act (7 U.S.C. 608c(17)), reenacted with amendments by the
			 Agricultural Marketing Agreement Act of 1937, is amended by adding at the end
			 the following:

				(H)Orders covering
				milk and milk productsIn the case of an order covering milk or
				milk products, disapproval of an amendment to the order shall not be considered
				to be disapproval of—
					(i)the order;
				or
					(ii)other terms of
				the
				order.
					.


113 HR 674 : Rota Cultural and Natural Resources Study Act
U.S. House of Representatives
2013-06-18
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		IIB
		113th CONGRESS
		1st Session
		H. R. 674
		IN THE SENATE OF THE UNITED
		  STATES

			June 18, 2013
			Received; read twice and referred to the
			 Committee on Energy and Natural
			 Resources

		AN ACT
		To authorize the Secretary of the Interior
		  to study the suitability and feasibility of designating prehistoric, historic,
		  and limestone forest sites on Rota, Commonwealth of the Northern Mariana
		  Islands, as a unit of the National Park System.

		1.Short title;
			 findings
			(a)Short
			 titleThis Act may be cited
			 as the Rota Cultural and Natural
			 Resources Study Act.
			(b)FindingsCongress
			 finds as follows:
				(1)The island of Rota
			 was the only major island in the Mariana Islands to be spared the destruction
			 and large scale land use changes brought about by World War II.
				(2)The island of Rota
			 has been described by professional archeologists as having the most numerous,
			 most intact, and generally the most unique prehistoric sites of any of the
			 islands of the Mariana Archipelago.
				(3)The island of Rota
			 contains remaining examples of what is known as the Latte Phase of the cultural
			 tradition of the indigenous Chamorro people of the Mariana Islands. Latte stone
			 houses are remnants of the ancient Chamorro culture.
				(4)Four prehistoric
			 sites are listed on the National Register of Historic Places: Monchon
			 Archeological District (also known locally as Monchon Latte Stone Village),
			 Taga Latte Stone Quarry, the Dugi Archeological Site that contains latte stone
			 structures, and the Chugai Pictograph Cave that contains examples of ancient
			 Chamorro rock art. Alaguan Bay Ancient Village is another latte stone
			 prehistoric site that is surrounded by tall-canopy limestone forest.
				(5)In addition to
			 prehistoric sites, the island of Rota boasts historic sites remaining from the
			 Japanese period (1914–1945). Several of these sites are on the National
			 Register of Historic Places: Nanyo Kohatsu Kabushiki Kaisha Sugar Mill,
			 Japanese Coastal Defense Gun, and the Japanese Hospital.
				(6)The island of
			 Rota’s natural resources are significant because of the extent and intact
			 condition of its native limestone forest that provides habitat for several
			 federally endangered listed species, the Mariana crow, and the Rota bridled
			 white-eye birds, that are also native to the island of Rota. Three endangered
			 plant species are also found on Rota and two are endemic to the island.
				(7)Because of the
			 significant cultural and natural resources listed above, on September 2005, the
			 National Park Service, Pacific West Region, completed a preliminary resource
			 assessment on the island of Rota, Commonwealth of the Northern Mariana Islands,
			 which determined that the “establishment of a unit of the national park system
			 appear[ed] to be the best way to ensure the long term protection of Rota’s most
			 important cultural resources and its best examples of its native limestone
			 forest.”.
				2.NPS study of
			 sites on the island of Rota, Commonwealth of the Northern Mariana
			 Islands
			(a)StudyThe
			 Secretary of the Interior shall—
				(1)carry out a study regarding the suitability
			 and feasibility of designating prehistoric, historic, and limestone forest
			 sites on the island of Rota, Commonwealth of the Northern Mariana Islands, as a
			 unit of the National Park System; and
				(2)consider management alternatives for the
			 island of Rota, Commonwealth of the Northern Mariana Islands.
				(b)Study Process
			 and CompletionExcept as provided by subsection (c) of this
			 section, section 8(c) of Public Law 91–383 (16 U.S.C. 1a–5(c)) shall apply to
			 the conduct and completion of the study required by this section.
			(c)Submission of
			 Study ResultsNot later than 3 years after the date that funds
			 are made available for 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 a report describing the
			 results of the study.

			Passed the House of
			 Representatives June 17, 2013.
			Karen L. Haas,
			Clerk


116 HR 8218 IH: Rural Ambulance Reimbursement Fairness Act
U.S. House of Representatives
2020-09-11
text/xml
EN
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I116th CONGRESS2d SessionH. R. 8218IN THE HOUSE OF REPRESENTATIVESSeptember 11, 2020Mr. Gianforte introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concernedA BILLTo amend title XVIII of the Social Security Act to provide for increased Medicare payment for certain rural providers of ambulance services.1.Short titleThis Act may be cited as the Rural Ambulance Reimbursement Fairness Act. 2.Medicare payment for certain rural providers of ambulance services(a)In generalParagraph (8) of section 1834(l) of the Social Security Act (42 U.S.C. 1395m(l)) is amended in the matter following subparagraph (B), by inserting (or, in the case of mountainous terrain or in areas with only secondary roads available, a 15-mile drive) after within a 35-mile drive.(b)Effective dateThe amendment made by subsection (a) shall apply with respect to ambulance services furnished on or after January 1, 2021.


109 HR 3265 IH: Higher Education Loan Program for Our Troops Act
U.S. House of Representatives
2005-07-13
text/xml
EN
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I
109th CONGRESS 1st Session
H. R. 3265
IN THE HOUSE OF REPRESENTATIVES

July 13, 2005
Mr. Ryan of Ohio (for himself and Mr. Van Hollen) introduced the following bill; which was referred to the Committee on Education and the Workforce

A BILL
To amend the Higher Education Act of 1965 to provide an interest-free deferment of student loan repayment for Federal student loan borrowers during active military service.

1.Short titleThis Act may be cited as the Higher Education Loan Program for Our Troops Act or the HELP Our Troops Act.
2.Deferment of student loans during active military service
(a)Federal family education loansSection 428(b)(1)(M) (20 U.S.C. 1078(b)(1)(M)) is amended—
(1)by striking or at the end of clause (ii);
(2)by redesignating clause (iii) as clause (iv); and
(3)by inserting after clause (ii) the following new clause:

(iii)not in excess of 3 years during which the borrower—
(I)is serving on active duty during a war or other military operation or national emergency; or
(II)is performing qualifying National Guard duty during a war or other military operation or national emergency; or.
(b)Direct loansSection 455(f)(2) (20 U.S.C. 1087e(f)(2)) is amended—
(1)by redesignating subparagraph (C) as subparagraph (D); and
(2)by inserting after subparagraph (B) the following new subparagraph:

(C)not in excess of 3 years during which the borrower—
(i)is serving on active duty during a war or other military operation or national emergency; or
(ii)is performing qualifying National Guard duty during a war or other military operation or national emergency; or.
(c)Perkins loansSection 464(c)(2)(A) (20 U.S.C. 1087dd(c)(2)(A)) is amended—
(1)by redesignating clauses (iii) and (iv) as clauses (iv) and (v), respectively; and
(2)by inserting after clause (ii) the following new clause:

(iii)not in excess of 3 years during which the borrower—
(I)is serving on active duty during a war or other military operation or national emergency; or
(II)is performing qualifying National Guard duty during a war or other military operation or national emergency;.
(d)DefinitionsSection 435 (20 U.S.C. 1085) is amended by inserting after subsection (m) the following new subsection:

(n)Definitions for military defermentsFor purposes of this part and parts D and E:
(1)Active dutyThe term active duty has the meaning given such term in section 101(d)(1) of title 10, United States Code, except that such term does not include active duty for training or attendance at a service school.
(2)Military operationThe term military operation means a contingency operation as such term is defined in section 101(a)(13) of title 10, United States Code.
(3)National emergencyThe term national emergency means a national emergency declared by the President of the United States.
(4)Serving on active dutyThe term serving on active duty during a war or other military operation or national emergency means service by an individual who is—
(A)a Reserve of an Armed Force ordered to active duty under section 12301(a), 12301(g), 12302, 12304, or 12306 of title 10, United States Code, or any retired member of an Armed Force ordered to active duty under section 688 of such title, for service in connection with a war or other military operation or national emergency, regardless of the location at which such active duty service is performed; and
(B)any other member of an Armed Force on active duty in connection with such emergency or subsequent actions or conditions who has been assigned to a duty station at a location other than the location at which such member is normally assigned.
(5)Qualifying National Guard dutyThe term qualifying National Guard duty during a war or other military operation or national emergency means service as a member of the National Guard on full-time National Guard duty (as defined in section 101(d)(5) of title 10, United States Code) under a call to active service authorized by the President or the Secretary of Defense for a period of more than 30 consecutive days under section 502(f) of title 32, United States Code, in connection with a war, another military operation, or a national emergency declared by the President and supported by Federal funds..
(e)Effective dateThe amendments made by this section shall apply with respect to loans for which the first disbursement is made on or after July 1, 1993, to an individual who is a new borrower (within the meaning of section 103 of the Higher Education Act of 1965 (20 U.S.C. 1003)) on or after such date.


 HR 1306 ENR: Western Oregon Tribal Fairness Act
U.S. House of Representatives

text/xml
EN
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I
One Hundred Fifteenth Congress of the United States of AmericaAt the First SessionBegun and held at the City of Washington on Tuesday, the third day of January, two thousand and seventeen
H. R. 1306

AN ACT
To provide for the conveyance of certain Federal land in the State of Oregon, and for other purposes.

1.Short title; table of contents
(a)Short titleThis Act may be cited as the Western Oregon Tribal Fairness Act.  (b)Table of contentsThe table of contents for this Act is as follows:

Sec. 1. Short title; table of contents.
TITLE I—Cow Creek Umpqua Land Conveyance
Sec. 101. Definitions.
Sec. 102. Land to be held in trust.
Sec. 103. Map and legal description.
Sec. 104. Administration.
Sec. 105. Land reclassification.
TITLE II—Oregon Coastal Land Conveyance
Sec. 201. Definitions.
Sec. 202. Land to be held in trust.
Sec. 203. Map and legal description.
Sec. 204. Administration.
Sec. 205. Land reclassification.
TITLE III—Amendments to Coquille Restoration Act
Sec. 301. Amendments to Coquille Restoration Act.
ICow Creek Umpqua Land Conveyance
101.DefinitionsIn this title: (1)Council creek landThe 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 May 24, 2016.
(2)TribeThe term Tribe means the Cow Creek Band of Umpqua Tribe of Indians.  (3)SecretaryThe term Secretary means the Secretary of the Interior.
102.Land to be held in trust
(a)In generalSubject 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)SurveyNot later than 2 years after the date of enactment of this Act, the Secretary shall complete a survey to establish the boundaries of the land taken into trust under subsection (a).
(c)Effective dateSubsection (a) shall take effect on the day after the date on which the Secretary records the agreement entered into under section 104(d)(1).  103.Map and legal description (a)In generalAs 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 effectThe map and legal description filed under subsection (a) shall have the same force and effect as if included in this title, except that the Secretary may correct any clerical or typographical errors in the map or legal description.  (c)Public availabilityThe map and legal description filed under subsection (a) shall be on file and available for public inspection in the Office of the Secretary.
104.Administration
(a)In generalUnless expressly provided in this title, nothing in this title 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 logsFederal 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 landAny real property taken into trust under section 102 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 managementAny forest management activity that is carried out on the Council Creek land shall be managed in accordance with all applicable Federal laws.
(d)Agreements
(1)Memorandum of agreement for administrative accessNot later than 180 days after the date of enactment of this Act, the Secretary shall seek to enter into an agreement with the Tribe that secures existing administrative access by the Secretary to the Council Creek land.  (2)Reciprocal right-of-way agreements (A)In generalOn the date on which the agreement is entered into under paragraph (1), the Secretary shall provide to the Tribe all reciprocal right-of-way agreements to the Council Creek land in existence as of the date of enactment of this Act.
(B)Continued accessBeginning on the date on which the Council Creek land is taken into trust under section 102, the Tribe shall continue the access provided by the agreements referred to in subparagraph (A) in perpetuity.  (e)Land use planning requirementsExcept as provided in subsection (c), once the Council Creek land is taken into trust under section 102, the Council Creek 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.).
105.Land reclassification
(a)Identification of Oregon and California railroad grant landNot 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 102.  (b)Identification of public domain landNot later than 2 years 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 within the 18 western Oregon and California Railroad grant land counties (other than Klamath County, Oregon).
(c)MapsNot later than 3 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 generalAfter providing an opportunity for public comment, the Secretary shall reclassify the land identified in subsection (b) as Oregon and California Railroad grant land.
(2)ApplicabilityThe 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).  IIOregon Coastal Land Conveyance 201.DefinitionsIn this title:
(1)Confederated tribesThe term Confederated Tribes means the Confederated Tribes of Coos, Lower Umpqua, and Siuslaw Indians.  (2)Oregon coastal landThe term Oregon Coastal land means the approximately 14,742 acres of land, as generally depicted on the map entitled Oregon Coastal Land Conveyance and dated July 11, 2016.
(3)SecretaryThe term Secretary means the Secretary of the Interior.  202.Land to be held in trust (a)In generalSubject 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)SurveyNot later than 2 years after the date of enactment of this Act, the Secretary shall complete a survey to establish the boundaries of the land taken into trust under subsection (a).  (c)Effective dateSubsection (a) shall take effect on the day after the date on which the Secretary records the agreement entered into under section 204(d)(1).
203.Map and legal description
(a)In generalAs 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 effectThe map and legal description filed under subsection (a) shall have the same force and effect as if included in this title, except that the Secretary may correct any clerical or typographical errors in the map or legal description.
(c)Public availabilityThe map and legal description filed under subsection (a) shall be on file and available for public inspection in the Office of the Secretary.  204.Administration (a)In generalUnless expressly provided in this title, nothing in this title 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 logsFederal 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 202.  (2)Non-permissible use of landAny real property taken into trust under section 202 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 managementAny forest management activity that is carried out on the Oregon Coastal land shall be managed in accordance with all applicable Federal laws.  (d)Agreements (1)Memorandum of agreement for administrative accessNot later than 180 days after the date of enactment of this Act, the Secretary shall seek to enter into an agreement with the Confederated Tribes that secures existing administrative access by the Secretary to the Oregon Coastal land and that provides for—
(A)access for certain activities, including— (i)forest management;
(ii)timber and rock haul;  (iii)road maintenance;
(iv)wildland fire protection and management;  (v)cadastral surveys;
(vi)wildlife, cultural, and other surveys; and  (vii)law enforcement activities;
(B)the management of the Oregon Coastal land that is acquired or developed under chapter 2003 of title 54, United States Code, consistent with section 200305(f)(3) of that title; and  (C)the terms of public vehicular transit across the Oregon Coastal land to and from the Hult Log Storage Reservoir located in T. 15 S., R. 7 W., as generally depicted on the map described in section 201(2), subject to the requirement that if the Bureau of Land Management discontinues maintenance of the public recreation site known as Hult Reservoir, the terms of any agreement in effect on that date that provides for public vehicular transit to and from the Hult Log Storage Reservoir shall be void.
(2)Reciprocal right-of-way agreements
(A)In generalOn the date on which the agreement is entered into under paragraph (1), the Secretary shall provide to the Confederated Tribes all reciprocal right-of-way agreements to the Oregon Coastal land in existence on the date of enactment of this Act.  (B)Continued accessBeginning on the date on which the Oregon Coastal land is taken into trust under section 202, the Confederated Tribes shall continue the access provided by the reciprocal right-of-way agreements referred to in subparagraph (A) in perpetuity.
(e)Land use planning requirementsExcept as provided in subsection (c), once the Oregon Coastal land is taken into trust under section 202, the Oregon Coastal 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.).  205.Land reclassification (a)Identification of Oregon and California railroad grant landNot 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 202.
(b)Identification of public domain landNot later than 2 years 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 within the 18 western Oregon and California Railroad grant land counties (other than Klamath County, Oregon).  (c)MapsNot later than 3 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 generalAfter providing an opportunity for public comment, the Secretary shall reclassify the land identified in subsection (b) as Oregon and California Railroad grant land.  (2)ApplicabilityThe 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).
IIIAmendments to Coquille Restoration Act
301.Amendments to Coquille Restoration ActSection 5(d) of the Coquille Restoration Act (Public Law 101–42; 103 Stat. 92, 110 Stat. 3009–537) is amended— (1)by striking paragraph (5) and inserting the following:

(5)Management
(A)In generalSubject 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 logsUnprocessed 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 timberNotwithstanding 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.   Speaker of the House of Representatives.Vice President of the United States and President of the Senate.


I
108th CONGRESS
2d Session
H. R. 5152
IN THE HOUSE OF REPRESENTATIVES

September 28, 2004
Mr. Norwood introduced the following bill; which was referred to the Committee on Armed Services

A BILL
To require the Secretary of Defense to take such actions as are necessary to change the reimbursement rates and cost sharing requirements under the TRICARE program to be the same as, or as similar as possible to, the reimbursement rates and cost sharing requirements under the Blue Cross/Blue Shield Standard Plan provided under the Federal Employee Health Benefit program under chapter 89 of title 5, United States Code.

1.Requirement for TRICARE program to have reimbursement rules and cost sharing requirements equivalent to Blue Cross/Blue Shield Standard Plan
(a)RequirementThe Secretary of Defense shall take such actions as are necessary to change the reimbursement rules and cost sharing requirements under the TRICARE program to be the same as, or as similar as possible to, the reimbursement rules and cost sharing requirements under the Blue Cross/Blue Shield Standard Plan provided under the Federal Employee Health Benefit program under chapter 89 of title 5, United States Code.
(b)DefinitionIn this section, the term TRICARE program has the meaning provided under section 1072(7) of title 10, United States Code.
(c)ImplementationThe Secretary of Defense shall implement the requirement under subsection (a) not later than October 1, 2005.


109 HR 2448 IH: To extend the temporary suspension of duty on DEMT.
U.S. House of Representatives
2005-05-18
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I
109th CONGRESS
1st Session
H. R. 2448
IN THE HOUSE OF REPRESENTATIVES

May 18, 2005
Mr. Murphy introduced the following bill; which was referred to the Committee on Ways and Means

A BILL
To extend the temporary suspension of duty on DEMT.

1.DEMT
(a)In generalHeading 9902.32.12 of the Harmonized Tariff Schedule of the United States (relating to DEMT) is amended by striking 12/31/2006 and inserting 12/31/2009.
(b)Effective dateThe amendment made by subsection (a) applies to goods entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of enactment of this Act.