		II
		Calendar No. 872
		110th CONGRESS
		2d Session
		S. 462
		[Report No. 110–415]
		IN THE SENATE OF THE UNITED
		  STATES

			January 31, 2007
			Mr. Reid (for himself,
			 Mr. Ensign, Mr.
			 Craig, and Mr. Crapo)
			 introduced the following bill; which was read twice and referred to the
			 Committee on Indian
			 Affairs

			July 10 (legislative day, July 9), 2008
			Reported by Mr. Dorgan,
			 with an amendment
			Strike out all after the enacting clause and insert
			 the part printed in italic

		A BILL
		To approve the settlement of the water
		  rights claims of the Shoshone-Paiute Tribes of the Duck Valley Reservation in
		  Nevada, to require the Secretary of the Interior to carry out the settlement,
		  and for other purposes.

		1.Short titleThis Act may be cited as the
			 Shoshone-Paiute Tribes of Duck Valley
			 Water Rights Settlement Act.
		2.FindingsCongress finds that—
			(1)it is the policy of the United States, in
			 accordance with the trust responsibility of the United States to Indian tribes,
			 to promote Indian self-determination and economic self-sufficiency and to
			 settle Indian water rights claims without lengthy and costly litigation, if
			 practicable;
			(2)quantifying rights to water and development
			 of facilities needed to use tribal water supplies is essential to the
			 development of viable Indian reservation economies and the establishment of a
			 permanent reservation homeland;
			(3)uncertainty concerning the extent of the
			 right to water of the Shoshone-Paiute Tribes has limited the access of the
			 Tribes to water and financial resources necessary to achieve self-determination
			 and self-sufficiency;
			(4)in 2006, the Tribes, the State of Idaho,
			 the affected individual water users, and the United States resolved all tribal
			 claims to water rights in the Snake River Basin Adjudication through a consent
			 decree entered by the District Court of the Fifth Judicial District of the
			 State of Idaho, requiring no further Federal action to implement the Tribes’
			 water rights in the State of Idaho;
			(5)as of the date of enactment of this Act,
			 proceedings to determine the extent and nature of the water rights of the
			 Tribes are pending before the Nevada State Engineer;
			(6)final resolution through litigation of the
			 water claims of the Tribes will—
				(A)take many years;
				(B)entail great expense;
				(C)continue to limit the access of the Tribes
			 to water, with economic and social consequences;
				(D)prolong uncertainty relating to the
			 availability of water supplies; and
				(E)seriously impair long-term economic
			 planning and development for all parties to the litigation;
				(7)after many years of negotiation, the United
			 States, the Tribes, the State, and the upstream water users have entered into a
			 settlement agreement to resolve permanently all water rights of the Tribes in
			 the State; and
			(8)the Tribes have certain water-related
			 claims for damages against the United States.
			3.PurposesThe purposes of this Act are—
			(1)to resolve outstanding issues with respect
			 to the East Fork of the Owyhee River in the State in such a manner as to
			 provide important benefits to—
				(A)the United States;
				(B)the State;
				(C)the Tribes; and
				(D)the upstream water users;
				(2)to achieve a fair, equitable, and final
			 settlement of all claims of the Tribes, members of the Tribes, and the United
			 States on behalf of the Tribes to the East Fork of the Owyhee River in the
			 State;
			(3)to ratify and provide for the enforcement
			 of the Agreement among the parties to the litigation;
			(4)to resolve the Tribes' water-related claims
			 for damages against the United States;
			(5)to require the Secretary to perform all
			 obligations of the Secretary under the Agreement and this Act; and
			(6)to authorize the actions and appropriations
			 necessary for the United States to meet the obligations of the United States
			 under the Agreement and this Act.
			4.DefinitionsIn this Act:
			(1)AgreementThe term Agreement  means the
			 agreement entitled the Agreement to Establish the Relative Water Rights
			 of the Shoshone-Paiute Tribes of the Duck Valley Indian Reservation and the
			 Upstream Water Users, East Fork Owyhee River (including all attachments
			 to that agreement).
			(2)Development FundThe term Development Fund
			 means the Shoshone-Paiute Tribes Water Rights Development Fund established by
			 section 7(b)(1).
			(3)East Fork of the Owyhee RiverThe term East Fork of the Owyhee
			 River means the portion of the east fork of the Owyhee River that is
			 located in the State.
			(4)Maintenance FundThe term Maintenance Fund
			 means the Shoshone-Paiute Tribes Operation and Maintenance Fund established by
			 section 7(c)(1).
			(5)SecretaryThe term Secretary means the
			 Secretary of the Interior.
			(6)StateThe term State means the State
			 of Nevada.
			(7)Tribal water rightThe term tribal water right
			 means a right of the Tribes described in the Agreement relating to water,
			 including groundwater, storage water, and surface water.
			(8)TribesThe term Tribes means the
			 Shoshone-Paiute Tribes of the Duck Valley Indian Reservation.
			(9)Upstream water userThe term upstream water user
			 means an individual water user that—
				(A)is located upstream from the Duck Valley
			 Indian Reservation on the East Fork of the Owyhee River; and
				(B)is a signatory to the Agreement.
				5.Approval, ratification, and confirmation of
			 Agreement
			(a)In generalExcept as provided in section 1f of article
			 III of the Agreement, and except to the extent that the Agreement otherwise
			 conflicts with this Act, the Agreement is approved, ratified, and
			 confirmed.
			(b)Performance of obligationsThe Secretary and any other head of a
			 Federal agency obligated under the Agreement shall perform any action necessary
			 to carry out an obligation under the Agreement in accordance with this
			 Act.
			6.Tribal water rights
			(a)In generalThe Secretary shall hold the tribal water
			 rights in trust on behalf of the United States for the benefit of the
			 Tribes.
			(b)Administration
				(1)Enactment of water codeNot later than 3 years after the date of
			 enactment of this Act, the Tribes shall enact a water code to administer tribal
			 water rights.
				(2)Interim administrationThe Secretary shall regulate the tribal
			 water rights during the period beginning on the date of enactment of this Act
			 and ending on the date on which the Tribes enact a water code under paragraph
			 (1).
				(c)Loss of tribal water rightsThe tribal water rights shall not be
			 subject to loss by abandonment, forfeiture, or nonuse.
			7.Development and Maintenance Funds
			(a)Definition of FundsIn this section, the term
			 Funds means—
				(1)the Development Fund; and
				(2)the Maintenance Fund.
				(b)Development Fund
				(1)EstablishmentThere is established in the Treasury of the
			 United States a fund to be known as the Shoshone-Paiute Tribes Water
			 Rights Development Fund.
				(2)Use of fundsThe Tribes shall use amounts in the
			 Development Fund—
					(A)to pay or reimburse costs incurred by the
			 Tribes in acquiring land and water rights;
					(B)for purposes of cultural
			 preservation;
					(C)to restore or improve fish or wildlife
			 habitat;
					(D)for fish or wildlife production, water
			 resource development, agricultural development, rehabilitation, and expansion
			 of the Duck Valley Irrigation Project;
					(E)for water resource planning and
			 development; or
					(F)to pay the costs of designing and
			 constructing water supply and sewer systems for tribal communities,
			 including—
						(i)a water quality testing laboratory;
						(ii)other appropriate water-related projects
			 and other related economic development projects;
						(iii)the development of a water code; and
						(iv)other costs of implementing the
			 Agreement.
						(3)Authorization of
			 appropriationsThere is
			 authorized to be appropriated to the Secretary for deposit in the Development
			 Fund $9,000,000 for each of fiscal years 2008 through 2012.
				(c)Maintenance Fund
				(1)EstablishmentThere is established in the Treasury of the
			 United States a fund to be known as the Shoshone-Paiute Tribes Operation
			 and Maintenance Fund.
				(2)Use of fundsThe Tribes shall use amounts in the
			 Maintenance Fund to pay or provide reimbursement for the costs of—
					(A)operation and maintenance of the Duck
			 Valley Irrigation Project and other water-related projects funded under this
			 Act; or
					(B)water supply and sewer systems for tribal
			 communities, including the operation and maintenance costs of a water quality
			 testing laboratory.
					(3)Authorization of
			 appropriationsThere is
			 authorized to be appropriated to the Secretary for deposit in the Maintenance
			 Fund $3,000,000 for each of fiscal years 2008 through 2012.
				(d)Administration of Funds
				(1)In generalThe Secretary, in accordance with the
			 American Indian Trust Fund Management Reform Act of 1994 (25 U.S.C. 4001 et
			 seq.), this Act, and the Agreement, shall manage the Funds, including by
			 investing amounts from the Funds in accordance with—
					(A)the Act of April 1, 1880 (25 U.S.C. 161);
			 and
					(B)the first section of the Act of June 24,
			 1938 (25 U.S.C. 162a).
					(2)Distributions
					(A)Withdrawals
						(i)In generalDuring any fiscal year, the Tribes may
			 withdraw amounts from the Funds if the Secretary approves a plan of the Tribes
			 to withdraw amounts under section 202 of the American Indian Trust Fund
			 Management Reform Act of 1994 (25 U.S.C. 4022).
						(ii)Plan to withdraw amounts
							(I)InclusionIn addition to any information required
			 under section 202 of the American Indian Trust Fund Management Reform Act of
			 1994 (25 U.S.C. 4022), a plan of the Tribes to withdraw amounts under this
			 subparagraph shall include a requirement that the Tribes spend the amounts
			 withdrawn from the Funds during a fiscal year for 1 or more uses described in
			 subsection (b)(2) or (c)(2).
							(II)EnforcementThe Secretary may take administrative or
			 judicial action to enforce a plan of the Tribes to withdraw amounts.
							(B)Remaining amounts
						(i)In generalOn approval of an expenditure plan
			 submitted by the Tribes under clause (ii), the Secretary shall distribute to
			 the Tribes amounts in the Funds not withdrawn by the Tribes during the
			 preceding fiscal year.
						(ii)Expenditure plan
							(I)In generalFor each fiscal year, the Tribes shall
			 submit to the Secretary for approval an expenditure plan for amounts described
			 in clause (i).
							(II)InclusionsAn expenditure plan under subclause (I)
			 shall include—
								(aa)an accounting by the Tribes of any funds
			 withdrawn by the Tribes from the Funds during the preceding fiscal year,
			 including a description of any use by the Tribes of the funds and the amount
			 remaining in the Funds for the preceding fiscal year; and
								(bb)a description of the means by which the
			 Tribes will use any amount distributed under this subparagraph.
								(iii)ApprovalThe Secretary shall approve an expenditure
			 plan under this subparagraph if the Secretary determines that the plan
			 is—
							(I)reasonable; and
							(II)consistent with this Act and the
			 Agreement.
							(C)Limitations
						(i)TimingNo amount from the Funds (including any
			 interest income accruing to the Funds) shall be distributed until the waivers
			 under section 8(a) take effect.
						(ii)No per capita distributionsNo amount from the Funds (including any
			 interest income accruing to the Funds) shall be distributed to a member of the
			 Tribes on a per capita basis.
						(3)Funding agreementNotwithstanding any other provision of this
			 Act, on receipt of a request from the Tribes, the Secretary shall include an
			 amount appropriated under this subsection in the funding agreement of the
			 Tribes under title IV of the Indian Self-Determination and Education Assistance
			 Act (25 U.S.C. 458aa et seq.), for use in accordance with subsections (b)(2)
			 and (c)(2).
				(4)LiabilityThe Secretary and the Secretary of the
			 Treasury shall not retain any liability for the expenditure or investment of
			 amounts distributed to the Tribes under this subsection.
				(5)Capital costs nonreimbursableThe capital costs associated with the Duck
			 Valley Indian Irrigation Project as of the date of enactment of this Act,
			 including any capital cost incurred with funds distributed under this
			 subsection for that project, shall be permanently nonreimbursable.
				8.Tribal waiver of claims
			(a)Waivers
				(1)In generalExcept as otherwise provided in the
			 Agreement and this Act, the Tribes, and the United States on behalf of the
			 Tribes, waive and release—
					(A)all claims to water in the East Fork of the
			 Owyhee River and all claims to injury relating to that water; and
					(B)all claims against the State, any agency or
			 political subdivision of the State, or any person, entity, or corporation
			 relating to injury to a right of the Tribe under any Executive order entered on
			 behalf of the Tribes, to the extent that the injury—
						(i)resulted from a flow modification or a
			 reduction in the quantity of water available; and
						(ii)accrued on or before the effective date of
			 the Agreement.
						(2)Enforcement of waiversA waiver of a claim under this subsection
			 by the Tribes, or the United States on behalf of the Tribes, shall be
			 enforceable in the appropriate forum.
				(3)Effective
			 dateA waiver by the Tribes,
			 or the United States on behalf of the Tribes, of a claim under this subsection
			 shall take effect on the date on which the Secretary publishes in the Federal
			 Register a statement of findings that includes a finding that—
					(A)all parties to the Agreement have executed
			 the Agreement;
					(B)a decree acceptable to each party to the
			 Agreement has been entered by the Fourth Judicial District Court, Elko County,
			 Nevada; and
					(C)the Agreement has been ratified under
			 section 5(a).
					(b)Waiver and release of claims against the
			 United States
				(1)In generalIn consideration of performance by the
			 United States of all actions required by the Agreement and this Act, including
			 the authorization of appropriations under subsections (b)(3) and (c)(3) of
			 section 7, the Tribe shall execute a waiver and release of any claim against
			 the United States for—
					(A)a water right in the East Fork of the
			 Owyhee River;
					(B)an injury to a right described in
			 subparagraph (A);
					(C)breach of trust—
						(i)for failure to protect, acquire, or develop
			 a water right that accrued on or before the effective date of a waiver under
			 this subsection; or
						(ii)arising out of the negotiation or adoption
			 of the Agreement; or
						(D)a fishing right under any Executive order,
			 to the extent that an injury to such a right—
						(i)resulted from a reduction in the quantity
			 of water available in the East Fork of the Owyhee River; and
						(ii)accrued on or before the effective date of
			 a waiver under this subsection.
						(2)Effective date
					(A)In generalThe waiver under paragraph (1) takes effect
			 on the date on which the amounts authorized to be appropriated under
			 subsections (b)(3) and (c)(3) of section 7 are distributed to the
			 Tribes.
					(B)Tolling of claims
						(i)In generalEach applicable period of limitation and
			 time-based equitable defense relating to a claim described in paragraph (1)
			 shall be tolled for the period beginning on the date of enactment of this Act
			 and ending on the date on which the amounts authorized to be appropriated under
			 subsections (b)(3) and (c)(3) of section 7 are distributed to the
			 Tribes.
						(ii)Effect of subparagraphNothing in this subparagraph revives any
			 claim or tolls any period of limitation or time-based equitable defense that
			 expired before the date of enactment of this Act.
						(c)Retention of rights
				(1)In generalThe Tribes shall retain all rights not
			 waived by the Tribes, or the United States on behalf of the Tribes, in the
			 Agreement or this Act.
				(2)Claims outside reservationNothing in the Agreement or this Act shall
			 be considered to be a waiver by the Tribes of any claim to a right on land
			 outside the Duck Valley Indian Reservation.
				(3)Future acquisition of water
			 rightsNothing in the
			 Agreement or this Act precludes the Tribes, or the United States as trustee for
			 the Tribes, from acquiring a water right in the State to the same extent as any
			 other entity in the State, in accordance with State law.
				9.Miscellaneous
			(a)General disclaimerThe parties to the Agreement expressly
			 reserve all rights not specifically granted, recognized, or relinquished
			 by—
				(1)the settlement described in the Agreement;
			 or
				(2)this Act.
				(b)Limitation of claims and
			 rightsNothing in this
			 Act—
				(1)establishes a standard for
			 quantifying—
					(A)a Federal reserved water right;
					(B)an aboriginal claim; or
					(C)any other water right claim of an Indian
			 tribe in a judicial or administrative proceeding; or
					(2)limits the right of a party to the
			 Agreement to litigate any issue not resolved by the Agreement or this
			 Act.
				(c)Admission against interestNothing in this Act shall be considered to
			 be an admission against interest by a party in any legal proceeding.
			(d)Duck Valley ReservationThe Duck Valley Indian Reservation
			 established by the Executive order dated April 16, 1877, as adjusted pursuant
			 to the Executive order dated May 4, 1886, and Executive order numbered 1222 and
			 dated July 1, 1910, for use and occupation by the Western Shoshones and the
			 Paddy Cap Band of Paiutes shall be—
				(1)considered to be the property of the
			 Tribes; and
				(2)permanently held in trust by the United
			 States for the sole use and benefit of the Tribes.
				(e)Jurisdiction
				(1)Subject matter jurisdictionNothing in the Agreement or this Act
			 restricts, enlarges, or otherwise determines the subject matter jurisdiction of
			 any Federal, State, or tribal court.
				(2)Civil or regulatory
			 jurisdictionNothing in the
			 Agreement or this Act impairs or impedes the exercise of any civil or
			 regulatory authority of the United States, the State, or the Tribes.
				(3)Consent to jurisdictionThe United States consents to jurisdiction
			 in a proper forum for purposes of enforcing the provisions of the
			 Agreement.
				(4)Effect of subsectionNothing in this subsection confers
			 jurisdiction on any State court to—
					(A)enforce Federal environmental laws relating
			 to the duties of the United States under this Act; or
					(B)conduct judicial review of a Federal agency
			 action in accordance with this Act.

		1.Short titleThis Act may be cited as the
			 Shoshone-Paiute Tribes of the Duck
			 Valley Reservation Water Rights Settlement Act.
		2.FindingsCongress finds that—
			(1)it is the policy of the
			 United States, in accordance with the trust responsibility of the United States
			 to Indian tribes, to promote Indian self-determination and economic
			 self-sufficiency and to settle Indian water rights claims without lengthy and
			 costly litigation, if practicable;
			(2)quantifying rights to
			 water and development of facilities needed to use tribal water supplies is
			 essential to the development of viable Indian reservation economies and the
			 establishment of a permanent reservation homeland;
			(3)uncertainty concerning
			 the extent of the Shoshone-Paiute Tribes’ water rights has resulted in limited
			 access to water and inadequate financial resources necessary to achieve
			 self-determination and self-sufficiency;
			(4)in 2006, the Tribes, the
			 State of Idaho, the affected individual water users, and the United States
			 resolved all tribal claims to water rights in the Snake River Basin
			 Adjudication through a consent decree entered by the District Court of the
			 Fifth Judicial District of the State of Idaho, requiring no further Federal
			 action to quantify the Tribes’ water rights in the State of Idaho;
			(5)as of the date of
			 enactment of this Act, proceedings to determine the extent and nature of the
			 water rights of the Tribes in the East Fork of the Owyhee River in Nevada are
			 pending before the Nevada State Engineer;
			(6)final resolution of the
			 Tribes' water claims in the East Fork of the Owyhee River adjudication
			 will—
				(A)take many years;
				(B)entail great
			 expense;
				(C)continue to limit the
			 access of the Tribes to water, with economic and social consequences;
				(D)prolong uncertainty
			 relating to the availability of water supplies; and
				(E)seriously impair
			 long-term economic planning and development for all parties to the
			 litigation;
				(7)after many years of
			 negotiation, the Tribes, the State, and the upstream water users have entered
			 into a settlement agreement to resolve permanently all water rights of the
			 Tribes in the State; and
			(8)the Tribes also seek to
			 resolve certain water-related claims for damages against the United
			 States.
			3.PurposesThe purposes of this Act are—
			(1)to resolve outstanding
			 issues with respect to the East Fork of the Owyhee River in the State in such a
			 manner as to provide important benefits to—
				(A)the United States;
				(B)the State;
				(C)the Tribes; and
				(D)the upstream water
			 users;
				(2)to achieve a fair,
			 equitable, and final settlement of all claims of the Tribes, members of the
			 Tribes, and the United States on behalf of the Tribes and members of Tribes to
			 the waters of the East Fork of the Owyhee River in the State;
			(3)to ratify and provide for
			 the enforcement of the Agreement among the parties to the litigation;
			(4)to resolve the Tribes’
			 water-related claims for damages against the United States;
			(5)to require the Secretary
			 to perform all obligations of the Secretary under the Agreement and this Act;
			 and
			(6)to authorize the actions
			 and appropriations necessary to meet the obligations of the United States under
			 the Agreement and this Act.
			4.DefinitionsIn this Act:
			(1)AgreementThe
			 term Agreement means the agreement entitled the Agreement
			 to Establish the Relative Water Rights of the Shoshone-Paiute Tribes of the
			 Duck Valley Reservation and the Upstream Water Users, East Fork Owyhee
			 River and signed in counterpart between, on, or about September 22,
			 2006, and January 15, 2007 (including all attachments to that
			 Agreement).
			(2)Development
			 FundThe term Development Fund means the
			 Shoshone-Paiute Tribes Water Rights Development Fund established by section
			 8(b)(1).
			(3)East fork of the Owyhee
			 RiverThe term East Fork of the Owyhee River means
			 the portion of the east fork of the Owyhee River that is located in the
			 State.
			(4)Maintenance
			 fundThe term Maintenance Fund means the
			 Shoshone-Paiute Tribes Operation and Maintenance Fund established by section
			 8(c)(1).
			(5)ReservationThe
			 term Reservation means the Duck Valley Reservation established by
			 the Executive order dated April 16, 1877, as adjusted pursuant to the Executive
			 order dated May 4, 1886, and Executive order numbered 1222 and dated July 1,
			 1910, for use and occupation by the Western Shoshones and the Paddy Cap Band of
			 Paiutes.
			(6)SecretaryThe
			 term Secretary means the Secretary of the Interior.
			(7)StateThe
			 term State means the State of Nevada.
			(8)Tribal water
			 rightsThe term tribal water rights means rights of
			 the Tribes described in the Agreement relating to water, including groundwater,
			 storage water, and surface water.
			(9)TribesThe
			 term Tribes means the Shoshone-Paiute Tribes of the Duck Valley
			 Reservation.
			(10)Upstream water
			 userThe term upstream water user means a
			 non-Federal water user that—
				(A)is located upstream from
			 the Reservation on the East Fork of the Owyhee River; and
				(B)is a signatory to the
			 Agreement as a party to the East Fork of the Owyhee River adjudication.
				5.Approval, ratification,
			 and confirmation of agreement; authorization
			(a)In
			 generalExcept as provided in subsection (c) and except to the
			 extent that the Agreement otherwise conflicts with provisions of this Act, the
			 Agreement is approved, ratified, and confirmed.
			(b)Secretarial
			 AuthorizationThe Secretary is authorized and directed to execute
			 the Agreement as approved by Congress.
			(c)Exception for tribal
			 water marketingNotwithstanding any language in the Agreement to
			 the contrary, nothing in this Act authorizes the Tribes to use or authorize
			 others to use tribal water rights off the Reservation, other than use for
			 storage at Wild Horse Reservoir or use on tribal land off the
			 Reservation.
			(d)Environmental
			 complianceExecution of the Agreement by the Secretary under this
			 section shall not constitute major Federal action under the National
			 Environmental Policy Act (42 U.S.C. 4321 et seq.). The Secretary shall carry
			 out all environmental compliance required by Federal law in implementing the
			 Agreement.
			(e)Performance of
			 obligationsThe Secretary and any other head of a Federal agency
			 obligated under the Agreement shall perform actions necessary to carry out an
			 obligation under the Agreement in accordance with this Act.
			6.Tribal water
			 rights
			(a)In
			 generalTribal water rights shall be held in trust by the United
			 States for the benefit of the Tribes.
			(b)Administration
				(1)Enactment of water
			 codeNot later than 3 years after the date of enactment of this
			 Act, the Tribes, in accordance with provisions of the Tribes' constitution and
			 subject to the approval of the Secretary, shall enact a water code to
			 administer tribal water rights.
				(2)Interim
			 administrationThe Secretary shall regulate the tribal water
			 rights during the period beginning on the date of enactment of this Act and
			 ending on the date on which the Tribes enact a water code under paragraph
			 (1).
				(c)Tribal water rights not
			 subject to lossThe tribal water rights shall not be subject to
			 loss by abandonment, forfeiture, or nonuse.
			7.Duck Valley Indian
			 Irrigation Project
			(a)Status of the Duck
			 Valley Indian Irrigation ProjectNothing in this Act shall affect
			 the status of the Duck Valley Indian Irrigation Project under Federal
			 law.
			(b)Capital costs
			 nonreimbursableThe capital costs associated with the Duck Valley
			 Indian Irrigation Project as of the date of enactment of this Act, including
			 any capital cost incurred with funds distributed under this Act for the Duck
			 Valley Indian Irrigation Project, shall be nonreimbursable.
			8.Development and
			 Maintenance Funds
			(a)Definition of
			 fundsIn this section, the term Funds means—
				(1)the Development Fund;
			 and
				(2)the Maintenance
			 Fund.
				(b)Development
			 Fund
				(1)EstablishmentThere
			 is established in the Treasury of the United States a fund to be known as the
			 Shoshone-Paiute Tribes Water Rights Development Fund.
				(2)Use of
			 fundsThe Tribes shall use amounts in the Development Fund to
			 rehabilitate and, if the Tribes choose, to expand the Duck Valley Indian
			 Irrigation Project, or for any of the following purposes:
					(A)To pay or reimburse costs
			 incurred by the Tribes in acquiring land and water rights.
					(B)For purposes of cultural
			 preservation.
					(C)To restore or improve
			 fish or wildlife habitat.
					(D)For fish or wildlife
			 production, water resource development, or agricultural development.
					(E)For water resource
			 planning and development.
					(F)To pay the costs
			 of—
						(i)designing and
			 constructing water supply and sewer systems for tribal communities, including a
			 water quality testing laboratory;
						(ii)other appropriate
			 water-related projects and other related economic development projects;
						(iii)the development of a
			 water code; and
						(iv)other costs of
			 implementing the Agreement.
						(3)Authorization of
			 appropriationsThere is authorized to be appropriated to the
			 Secretary for deposit in the Development Fund $9,000,000 for each of fiscal
			 years 2008 through 2012.
				(c)Maintenance
			 fund
				(1)EstablishmentThere
			 is established in the Treasury of the United States a fund to be known as the
			 Shoshone-Paiute Tribes Operation and Maintenance Fund.
				(2)Use of
			 fundsThe Tribes shall use amounts in the Maintenance Fund to pay
			 or provide reimbursement for—
					(A)operation, maintenance,
			 and replacement costs of the Duck Valley Indian Irrigation Project and other
			 water-related projects funded under this Act; or
					(B)operation, maintenance,
			 and replacement costs of water supply and sewer systems for tribal communities,
			 including the operation and maintenance costs of a water quality testing
			 laboratory.
					(3)Authorization of
			 appropriationsThere is authorized to be appropriated to the
			 Secretary for deposit in the Maintenance Fund $3,000,000 for each of fiscal
			 years 2008 through 2012.
				(d)Availability of amounts
			 from FundAmounts made available under subsections (b)(3) and
			 (c)(3) shall be available for expenditure or withdrawal only after the
			 effective date as set forth in section 9(d).
			(e)Administration of
			 fundsThe Secretary, in accordance with the American Indian Trust
			 Fund Management Reform Act of 1994 (25 U.S.C. 4001 et seq.) shall manage the
			 Funds, including by investing amounts from the Funds in accordance with the Act
			 of April 1, 1880 (25 U.S.C. 161), and the first section of the Act of June 24,
			 1938 (25 U.S.C. 162a).
			(f)Expenditures and
			 withdrawal
				(1)Tribal management
			 plan
					(A)In
			 generalThe Tribes may withdraw all or part of amounts in the
			 Funds on approval by the Secretary of a tribal management plan as described in
			 the American Indian Trust Fund Management Reform Act of 1994 (25 U.S.C. 4001 et
			 seq.).
					(B)RequirementsIn
			 addition to the requirements under the American Indian Trust Fund Management
			 Reform Act of 1994 (25 U.S.C. 4001 et seq.), the tribal management plan shall
			 require that the Tribes spend any amounts withdrawn from the Funds in
			 accordance with the purposes described in subsection (b)(2) or (c)(2).
					(C)EnforcementThe
			 Secretary may take judicial or administrative action to enforce the provisions
			 of any tribal management plan to ensure that any amounts withdrawn from the
			 Funds under the plan are used in accordance with this Act and the
			 Agreement.
					(D)LiabilityIf
			 the Tribes exercise the right to withdraw amounts from the Funds, neither the
			 Secretary nor the Secretary of the Treasury shall retain any liability for the
			 expenditure or investment of the amounts.
					(2)Expenditure
			 plan
					(A)In
			 generalThe Tribes shall submit to the Secretary for approval an
			 expenditure plan for any portion of the amounts in the Funds that the Tribes do
			 not withdraw under the tribal management plan.
					(B)DescriptionThe
			 expenditure plan shall describe the manner in which, and the purposes for
			 which, amounts of the Tribes remaining in the Funds will be used.
					(C)ApprovalOn
			 receipt of an expenditure plan under subparagraph (A), the Secretary shall
			 approve the plan if the Secretary determines that the plan is reasonable and
			 consistent with this Act and the Agreement.
					(D)Annual
			 reportFor each Fund, the Tribes shall submit to the Secretary an
			 annual report that describes all expenditures from the Fund during the year
			 covered by the report.
					(3)Funding
			 agreementNotwithstanding any other provision of this Act, on
			 receipt of a request from the Tribes, the Secretary shall include an amount
			 from funds made available under this section in the funding agreement of the
			 Tribes under title IV of the Indian Self-Determination and Education Assistance
			 Act (25 U.S.C. 458aa et seq.), for use in accordance with subsections (b)(2)
			 and (c)(2). No amount made available under this Act may be requested until the
			 waivers under section 9(a) take effect.
				(g)No per capita
			 paymentsNo amount from the Funds (including any interest income
			 accruing to the Funds) shall be distributed to a member of the Tribes on a per
			 capita basis.
			9.Tribal waiver and
			 release of claims
			(a)Waiver and release of
			 claims by Tribes and United States as trustee for TribesThe
			 Tribes and the United States on behalf of the Tribes, are authorized to execute
			 a waiver and release of—
				(1)all claims for water
			 rights in, or for waters of, the East Fork of the Owyhee River that the Tribes,
			 or the United States as trustee for the Tribes, asserted or could have asserted
			 in any court proceeding; and
				(2)all claims for damages,
			 losses, or injuries to water rights in the East Fork Owyhee River, including
			 claims of interference, diversion, or taking of water that the Tribes, or the
			 United States as trustee for the Tribes, asserted or could have asserted in any
			 court proceedings.
				(b)Waiver and release of
			 claims against the United StatesThe Tribes are authorized to
			 execute a waiver and release of—
				(1)all claims against the
			 United States, its agencies, or employees, for water rights in, or waters of,
			 the East Fork of the Owyhee River that the United States asserted or could have
			 asserted in any court proceeding;
				(2)all claims for damages,
			 losses, or injuries to water rights, including claims of interference,
			 diversion, or taking of water, or claims for failure to protect, acquire, or
			 develop water or water rights within the East Fork of the Owyhee River, and
			 claims for fishing rights under any Executive order to the extent that an
			 injury to such a right resulted from a reduction in the quantity of water
			 available in the East Fork Owyhee River; that accrued on or before the
			 effective date specified in subsection (d), that the Tribes have asserted or
			 could have asserted against the United States, its agencies, or employees in
			 any court proceedings; and
				(3)all claims arising out of
			 the negotiation and adoption of the Agreement.
				(c)Retention of
			 rightsNotwithstanding the waivers and releases set forth in
			 subsections (a) and (b), the Tribes and their members and the United States as
			 trustee for the Tribes and their members, shall retain—
				(1)all claims for
			 enforcement of the Agreement, the Final Consent Decree, or this Act, through
			 such legal and equitable remedies as may be available in any court of competent
			 jurisdiction;
				(2)all rights to use and
			 protect water rights acquired pursuant to any state law;
				(3)all claims relating to
			 activities affecting the quality of water;
				(4)all rights to land
			 outside the Reservation; and
				(5)all rights, remedies,
			 privileges, immunities, and powers not specifically waived and released under
			 the terms of the Agreement or this Act.
				(d)Effective
			 dateNotwithstanding anything in the Agreement to the contrary,
			 the waivers by the Tribes, or the United States on behalf of the Tribes, under
			 this section shall take effect on the date on which the Secretary publishes in
			 the Federal Register a statement of findings that includes a finding
			 that—
				(1)the Secretary has
			 executed the Agreement as approved by Congress;
				(2)all parties to the
			 Agreement have executed the Agreement;
				(3)the Fourth Judicial
			 District Court, Elko County, Nevada has issued a judgment and decree consistent
			 with the Agreement from which no further appeal can be taken; and
				(4)the amounts authorized
			 under subsections (b)(3) and (c)(3) of section 8 have been appropriated.
				(e)Failure To publish
			 statement of findingsIf the Secretary does not publish a
			 statement of findings under subsection (d) by December 31, 2015—
				(1)the Agreement and this
			 Act shall not take effect; and
				(2)any funds and interest
			 accrued thereon that have been appropriated under this Act shall immediately
			 revert to the general fund of the United States Treasury.
				(f)Tolling of
			 claims
				(1)In
			 generalEach applicable period of limitation and time-based
			 equitable defense relating to a claim described in this section shall be tolled
			 for the period beginning on the date of enactment of this Act and ending on the
			 date on which the amounts authorized to be appropriated under subsections
			 (b)(3) and (c)(3) of section 8 are appropriated.
				(2)Effect of
			 subparagraphNothing in this subparagraph revives any claim or
			 tolls any period of limitation or time-based equitable defense that expired
			 before the date of enactment of this Act.
				(3)Future acquisition of
			 water rightsNothing in the
			 Agreement or this Act precludes the Tribes, or the United States as trustee for
			 the Tribes, from acquiring a water right in a state to the same extent as any
			 other entity in the state, in accordance with state law.
				10.Miscellaneous
			(a)General
			 disclaimerThe parties to the Agreement expressly reserve all
			 rights not specifically granted, recognized, or relinquished by—
				(1)the settlement described
			 in the Agreement; or
				(2)this Act.
				(b)Limitation of claims
			 and rightsNothing in this Act—
				(1)establishes a standard
			 for quantifying—
					(A)a Federal reserved water
			 right;
					(B)an aboriginal claim;
			 or
					(C)any other water right
			 claim of an Indian tribe in a judicial or administrative proceeding; or
					(2)limits the right of a
			 party to the Agreement to litigate any issue not resolved by the Agreement or
			 this Act.
				(c)Admission against
			 interestNothing in this Act constitutes an admission against
			 interest by a party in any legal proceeding.
			(d)ReservationThe
			 Reservation shall be—
				(1)considered to be the
			 property of the Tribes; and
				(2)permanently held in trust
			 by the United States for the sole use and benefit of the Tribes.
				(e)Jurisdiction
				(1)Subject matter
			 jurisdictionNothing in the Agreement or this Act restricts,
			 enlarges, or otherwise determines the subject matter jurisdiction of any
			 Federal, State, or tribal court.
				(2)Civil or regulatory
			 jurisdictionNothing in the Agreement or this Act impairs or
			 impedes the exercise of any civil or regulatory authority of the United States,
			 the State, or the Tribes.
				(3)Consent to
			 jurisdictionThe United States consents to jurisdiction in a
			 proper forum for purposes of enforcing the provisions of the Agreement.
				(4)Effect of
			 subsectionNothing in this subsection confers jurisdiction on any
			 State court to—
					(A)enforce Federal
			 environmental laws relating to the duties of the United States under this Act;
			 or
					(B)conduct judicial review
			 of a Federal agency action.

		July 10 (legislative day, July 9), 2008
		Reported with an amendment


109 HR 2013 IH: To amend the Internal Revenue Code of 1986 to provide an exemption from the air transportation tax for certain transportation by seaplanes.
U.S. House of Representatives
2005-04-28
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. 2013
IN THE HOUSE OF REPRESENTATIVES

April 28, 2005
Mr. Reichert (for himself and Mr. Inslee) introduced the following bill; which was referred to the Committee on Ways and Means

A BILL
To amend the Internal Revenue Code of 1986 to provide an exemption from the air transportation tax for certain transportation by seaplanes.

1.Exemption from air transportation tax for certain seaplanes
(a)In generalSection 4261 of the Internal Revenue Code of 1986 (relating to imposition of tax) is amended by redesignating subsection (i) as subsection (j) and by inserting after subsection (h) the following new subsection:

(i)Exemption for seaplanesNo tax shall be imposed under this section or section 4271 on any air transportation by a seaplane with respect to any segment consisting of a takeoff from, and a landing on, water which is not part of an airport which receives or has received financial assistance from the Airport and Airway Trust Fund..
(b)Effective dateThe amendments made by this section shall apply to amounts paid after the date of the enactment of this Act.


113 S2988 IS: Regulatory Cost Assessment Act of 2014
U.S. Senate
2014-12-08
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.

		II
		113th CONGRESS2d Session
		S. 2988
		IN THE SENATE OF THE UNITED STATES

			December 8, 2014
			Mr. Lee introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs

		A BILL
		To amend the Congressional Budget Act of 1974 to establish a Federal regulatory budget and to
			 impose cost controls on that budget, and for other purposes.

		1.Short title
			This Act may be cited as the
		  Regulatory Cost Assessment Act of 2014.
			2.
			Amendments to the Congressional Budget Act of 1974

				(a)
				Federal regulatory budget cost control system
				Title III of the Congressional Budget Act of 1974 is amended—(1)by inserting before section 300 the
			 following:AGeneral provisions; and(2)by adding at the end the following new part:

							B
							Federal regulatory budget cost control

								321.
								DefinitionsIn this part—
									(1)
									the term CBO means the Congressional Budget Office;(2)the term direct cost of Federal regulation means all costs incurred by, and expenditures required of,  the Federal Government in issuing and
			 enforcing Federal regulations,
			 rules,
			 statements, and legislation;(3)the term Federal regulation,
			 rule,
			 statement, or legislation—(A)includes any guidance document issued after notice and an opportunity for comment in accordance
			 with the requirements for the promulgation of a rule under chapter 5 of
			 title 5, United States Code; and(B)does not include a Federal regulation,
			 rule,
			 statement, or legislation applying to—(i)the
			 military; or(ii)agency organization, management, or personnel;(4)the term Federal regulatory cost—(A)means all costs incurred by, and expenditures required of, the private sector in complying with
			 any Federal regulation, rule,
			 statement, or legislation; and(B)does not include the value of any benefit under the Federal regulation, rule,
			 statement, or legislation;(5)the term gross domestic product means the gross domestic product of the United States during a fiscal year,  consistent with
			 Department of Commerce definitions;

									(6)
									the term OMB means the Office of Management and Budget; and
								(7)the term regulatory baseline means the projection described in section 323(a) of the Federal regulatory cost for the fiscal
			 year after
			 the date of the projection and the outyears.322.OMB–CBO reportsNot later than 1 year after the date of enactment of this section, and not later than September
			 15th of each odd-numbered year thereafter, OMB and CBO shall jointly
			 submit to the President,
			 the Senate, and the House of Representatives a report that includes—
									(1)
									a projection of the  direct cost of Federal regulation and the Federal regulatory cost for the
			 first fiscal year beginning after the
			 date of the report and at least each of the 4 ensuing fiscal years;

									(2)
									a calculation of the estimated direct cost of Federal regulation  and Federal regulatory cost as a
			 percentage of the
			 gross
			 domestic
			 product;

									(3)
									the reduction in estimated gross domestic product attributable to private sector compliance with
			 all Federal regulations, rules,
			 statements, or legislation;

									(4)
									a detailed description of the effect on the economy of the United States of Federal regulations,
			 rules,
			 statements, and legislation, which shall be categorized as relating to—(A)regulation of the economy;(B)security, including homeland security;(C)the environment;(D)health and safety; or(E)the Federal budget;(5)a discussion of the expected reduction in personnel, administrative overhead, and programmatic
			 costs that would be achieved by Federal agencies that issue regulations,
			 rules, or statements with a Federal regulatory cost if the Federal
			 agencies
			 reduced
			 the Federal regulatory cost by 5 percent;
			 and
									(6)
									recommendations for budgeting, technical, and estimating changes to improve the Federal regulatory
			 budgeting process.

								323.
								Regulatory baseline

									(a)
									In general
									For the first fiscal year that
			 begins at least 120 days after the date of enactment of this section and
			 for every second
			 fiscal year thereafter, CBO, in consultation with OMB, shall submit to the
			 President,
			 the Senate, and the House of Representatives a regulatory
			 baseline, consisting of a
			 projection of the Federal regulatory cost for the fiscal year and at
			 least each of the 4 ensuing fiscal years. In preparing the projection of
			 the regulatory baseline under this subsection, for the second
			 fiscal year covered under the projection and each fiscal year thereafter,
			 CBO shall adjust the baseline for the estimated growth
			 during that fiscal year in the gross domestic product.

									(b)
									DeadlinesThe CBO shall submit the regulatory baselines required under subsection (a)—(1)for the first regulatory baseline, not later than 30 days after the date of enactment of
			 this section; and(2)for the second regulatory baseline and each regulatory baseline thereafter, not
			 later than September 15 of the fiscal year before the first fiscal year
			 covered under the regulatory baseline.
								324.
								Establishment of level and allocations

									(a)
									Establishment of level(1)In generalIn addition to the requirements under section 301, a concurrent resolution on the budget for a
			 fiscal year shall set forth the appropriate level for the Federal
			 regulatory cost  for the fiscal year and for at least each of the 4
			 ensuing fiscal years.(2)Default totalIf there is not a level for the Federal regulatory cost that is in effect for a fiscal year under a
			 concurrent resolution on the budget—(A)for the first fiscal year that
			 begins at least 120 days after the date of enactment of this section, the
			 appropriate level for the Federal regulatory cost for the fiscal year
			 shall be the amount of the first regulatory baseline submitted under
			 section 323; and(B)for each fiscal year after the fiscal year described in subparagraph (A), the appropriate level for
			 the Federal regulatory cost for the fiscal year shall be the level for the
			 most recent fiscal year for which such a level was in effect (under
			 subparagraph (A), this subparagraph, or a concurrent resolution on the
			 budget).
									(b)
									Allocation of totals
										(1)
										In generalFor the first fiscal year that
			 begins at least 120 days after the date of enactment of this section, and
			 each fiscal year thereafter, the Committee on the Budget of the Senate and
			 the
			 Committee on the Budget of the House of Representatives shall each
			 allocate
			 among each committee of its House
			 and by major functional category the Federal regulatory cost in effect
			 under subsection (a) for such	fiscal year and at
			 least each of the 4 ensuing fiscal years.
										(2)
										SuballocationsAs soon as practicable after receiving an allocation under paragraph (1), each committee shall
			 subdivide its allocation among its subcommittees or among programs over
			 which the committee has jurisdiction.

									(c)
									Point of order
										(1)
										In generalIt shall not be in order in the Senate or the  House of Representatives to consider any bill or
			 resolution, or amendment thereto, which would cause an allocation or
			 suballocation of the Federal regulatory cost made under subsection (b)
			 for a fiscal year to be exceeded.

										(2)
										Waiver
										A point of order under paragraph (1) may only be waived by the affirmative vote of three-fifths of
			 the Members, duly chosen and sworn.

									(d)
									Determinations by budget committees
									For purposes of this section, the amount of the Federal regulatory cost for a fiscal year and the
			 amount of the Federal regulatory cost of a bill or
			 resolution, or amendment thereto, shall be
			 determined by the Committee on the Budget of the Senate or the Committee
			 on the Budget of the House of Representatives, as the case may be.

								325.
								Analysis of Federal regulatory cost by congressional budget office(a)In general
									CBO shall prepare for each bill or resolution of a public character reported by any committee of
			 the Senate or the House of Representatives (except the Committee on
			 Appropriations of each House), and submit to such committee—

										(1)
										an estimate of the costs which would be incurred by the private sector in carrying out or complying
			 with such bill or resolution in the fiscal year in which it is to become
			 effective and in each of the 4 fiscal years following such fiscal year,
			 which shall include a discussion of the methodology used to prepare, and
			 the basis for, each such estimate; and

										(2)
										a comparison of the estimate of costs described in paragraph (1) with any available estimates of
			 costs made by such committee or by any Federal agency.(b)Look-Back reviewsCBO shall periodically submit to Congress a report that—(1)reviews a sample of laws of a public character for which an estimate was prepared under subsection
			 (a)(1); and(2)compares the estimates of the costs described in paragraphs (1) and (2) of subsection (a) and the
			 actual costs incurred by the private sector in carrying out or complying
			 with the law in the fiscal year in which it took effect and in each of the
			 4 fiscal years following such fiscal year..

			3.
			President's annual budget submissions
			Section 1105(a) of title 31, United States Code, is amended—(1)by redesignating the second paragraph designated as paragraph (37), relating to outdated or
			 duplicative plans and reports, as added by section 11 of the GPRA
			 Modernization Act of 2010 (Public Law 111–352; 124 Stat. 3881), as
			 paragraph (39); and(2)by adding at the end the following:

						(40)
						a regulatory authority budget analysis of the Federal regulatory cost (as defined in section 321 of
			 the
			 Congressional Budget Act of 1974) of
			 complying with all current and proposed Federal regulations and proposals
			 for complying with section 324 of the Congressional Budget Act of 1974 for
			 the fiscal year for which the budget is submitted and the 4 fiscal years
			 after that year..

			4.
			Estimation and disclosure of costs of federal regulation

				(a)
				Costs to private sector of new federal regulations
				Chapter 6 of title 5, United States Code, popularly known as the Regulatory Flexibility Act, is amended—

					(1)
					in section 603—(A)in subsection (a), in the second sentence, by inserting before the period the following: and shall discuss in detail whether the cost to businesses of complying with the proposed rule will
			 vary depending on the size of the business and, if so, to what extent	the
			 cost will vary and what factors contribute to the variation;

						(B)
						in subsection (c)—(i)by redesignating paragraphs (1), (2), (3), and (4) as subparagraphs (A), (B), (C), and (D),
			 respectively, and adjusting the margin accordingly;(ii)by inserting (1) after (c); and(iii)by striking Consistent with the and inserting the following:(2)The analysis of significant alternatives to the proposed rule shall include a detailed analysis of
			 the costs and benefits of the proposed rule and each alternative, which
			 shall separately address the costs and benefits for each industry.(3)Consistent with the; and(C)by adding at the end the following:

								(e)
								Each initial regulatory flexibility analysis shall also contain a description of the nature and
			 amount of monetary costs that will be incurred by small entities, other
			 businesses, and individuals in complying with the proposed rule.
							;

					(2)
					in section 604(a)—(A)in the first paragraph designated as paragraph (6) (relating to minimization of significant
			 economic impacts), by striking and at the end;(B)by redesignating the second paragraph (6) (relating to covered agencies), as paragraph (8); and
						(C)
						by inserting after paragraph (6) the following:

								(7)
								a statement of the nature and amount of monetary costs that will be incurred by small entities,
			 other businesses, and individuals in complying with the rule; and
							; and

					(3)
					in section 607, by inserting before the period the following: , except that estimates of monetary costs under sections 603(d) and 604(a)(7) shall only be in the
			 form of a numerical description.
				(b)Agency reportsEach agency that prepares an initial regulatory flexibility analysis under chapter 6 of title 5,
			 United States Code, shall, at the same time submit to each House of
			 Congress, the Congressional Budget Office, and the Office of Management
			 and Budget a cost estimate and cost benefit analysis of
			 any new proposed regulations, rules,
			 or statements that would have a Federal regulatory cost (as defined in
			 section 321
			 of
			 the Congressional Budget Act of 1974, as added by this Act) of at least
			 $10,000,000 for any fiscal year.
			5.Guidance documents(a)DefinitionsIn this section—(1)the terms agency and rule have the meanings given such terms in section 551 of title 5, United States Code; and(2)the term guidance document means an agency statement of general applicability and future effect, other than a rule, that sets
			 forth a policy on a statutory, regulatory,  or technical issue or an
			 interpretation of a statutory or regulatory issue.(b)Limitation on guidance documentsAn agency may not issue a guidance document unless the agency—(1)issues the guidance document after notice and an opportunity for comment in accordance with the
			 requirements for the promulgation of a rule under chapter 5 of title 5,
			 United States Code; or(2)before the effective date of the guidance document, submits to Congress a report that—(A)certifies that the guidance document is not a rule; and(B)explains in detail why the guidance document does not satisfy the definition of a rule.6.Study of nonmajor rules(a)DefinitionsIn this section—(1)the term agency has the meaning given that term in section 551 of title 5, United States Code;(2)the term covered guidance document means any guidance document that has resulted or is likely to result in an annual effect on the
			 economy of not less than $10,000,000;(3)the term covered nonmajor rule means any rule that has resulted in or is likely to
			 result in   an annual effect on the economy of not less than $10,000,000
			 and not more than $100,000,000;(4)the term guidance document means an agency statement of general applicability and future effect, other than a rule, that sets
			 forth a policy on a statutory, regulatory,  or technical issue or an
			 interpretation of a statutory or regulatory issue;(5)the term Federal regulatory cost has the meaning given that term under section 321 of the Congressional Budget Act of 1974, as
			 added by section 2 of this Act; and(6)the term rule has the meaning given that term in section 804 of title 5, United States Code.(b)ReportsNot later than 120 days after the date of enactment of this Act and every 2 years thereafter, the
			 Comptroller General of the
			 United States shall submit
			 to Congress a report regarding covered nonmajor rules and covered
			 guidance documents, which shall
			 include, for the 4-year period immediately preceding the report—(1)the number of covered nonmajor rules promulgated;(2)the number of covered nonmajor rules implemented;(3)the number of covered guidance documents developed;(4)the number of covered guidance documents issued;(5)the Federal regulatory cost of each covered nonmajor rule implemented;(6)the Federal regulatory cost of each covered guidance document issued;(7)the aggregate Federal regulatory cost of all covered nonmajor rules implemented;(8)the aggregate Federal regulatory cost of all covered guidance documents issued; and(9)a discussion of any covered nonmajor rule for which an initial regulatory flexibility analysis was
			 prepared under section 603 of title 5, United States Code, a final
			 regulatory flexibility analysis was prepared under section 604 of title 5,
			 United States Code, or a cost benefit analysis was prepared that
			 underestimated the actual Federal regulatory cost of implementing the
			 covered nonmajor rule.


116 S4082 IS: Artificial Intelligence Standards and National Security Act
U.S. Senate
2020-06-25
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.

II116th CONGRESS2d SessionS. 4082IN THE SENATE OF THE UNITED STATESJune 25, 2020Mr. Bennet (for himself and Mr. Portman) introduced the following bill; which was read twice and referred to the Committee on Armed ServicesA BILLTo require reports on certain Department of Defense activities with respect to artificial intelligence, and for other purposes. 1.Short titleThis Act may be cited as the Artificial Intelligence Standards and National Security Act.2.Report on Department of Defense strategy on artificial intelligence standards(a)Report requiredNot later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report on the role of the Department of Defense in the development of artificial intelligence standards.(b)ContentsThe report required by subsection (a) shall include an assessment of each of the following:(1)The need for the Department of Defense to develop an artificial intelligence standards strategy.(2)Any efforts to date on the development of such a strategy.(3)The ways in which an artificial intelligence standards strategy will improve the national security.(4)How the Secretary intends to collaborate with—(A)the Director of the National Institute of Standards and Technology;(B)the Secretary of Homeland Security;(C)the intelligence community;(D)the Secretary of State;(E)representatives of private industry, specifically representatives of the defense industrial base; and(F)representatives of any other agencies, entities, organizations, or persons the Secretary considers appropriate. 3.Report on assignment of members of the Armed Forces on active duty to the Joint Artificial Intelligence Center of the Department of DefenseNot later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the feasibility and the current status of assigning members of the Armed Forces on active duty to the Joint Artificial Intelligence Center (JAIC) of the Department of Defense. The report shall include an assessment of such assignment on each of the following:(1)The strengthening of ties between the Joint Artificial Intelligence Center and operational forces for purposes of—(A)identifying tactical and operational use cases for artificial intelligence (AI);(B)improving data collection; and(C)establishing effective liaison between the Center and operational forces for identification and clarification of concerns in the widespread adoption and dissemination of artificial intelligence.(2)The creation of opportunities for additional non-traditional broadening assignments for members on active duty.(3)The career trajectory of active duty members so assigned, including potential negative effects on career trajectory.(4)The improvement and enhancement of the capacity of the Center to influence Department-wide policies that affect the adoption of artificial intelligence.


109 HRES 778 EH: Electing a certain Member to a certain standing committee of the House of Representatives.
U.S. House of Representatives
2006-04-26
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.

IV
109th CONGRESS
2d Session
H. RES. 778
In the House of Representatives, U. S.,

April 26, 2006

RESOLUTION
Electing a certain Member to a certain standing committee of the House of Representatives.

That the following named Member be, and is hereby, elected to the following standing committee of the House of Representatives:

Committee on Standards of Official Conduct:Mr. Berman (to rank immediately ahead of Mrs. Jones of Ohio).

Karen L. HaasClerk.


113 HR 1037 IH: Occupational Therapy in Mental Health Act
U.S. House of Representatives
2013-03-07
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. 1037
		IN THE HOUSE OF REPRESENTATIVES

			March 7, 2013
			Mr. Tonko (for
			 himself, Ms. Brown of Florida, and
			 Ms. Slaughter) introduced the
			 following bill; which was referred to the Committee on Energy and
			 Commerce

		A BILL
		To amend the Public Health Service Act to include
		  occupational therapists as behavioral and mental health professionals for
		  purposes of the National Health Service Corps.

		1.Short titleThis Act may be cited as the
			 Occupational Therapy in Mental Health
			 Act.
		2.Including
			 occupational therapists as behavioral and mental health professionals for
			 purposes of the National Health Service CorpsSection 331(a)(1)(E)(i) of the Public Health
			 Service Act (42 U.S.C. 254d(a)(1)(E)(i)) is amended by inserting
			 occupational therapists, after psychiatric nurse
			 specialists,.


110 HR 1229 IH: Nonmarket Economy Trade Remedy Act of

U.S. House of Representatives
2007-02-28
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
		110th CONGRESS
		1st Session
		H. R. 1229
		IN THE HOUSE OF REPRESENTATIVES

			February 28, 2007
			Mr. Davis of Alabama
			 (for himself and Mr. English of
			 Pennsylvania) introduced the following bill; which was referred to
			 the Committee on Ways and
			 Means, and in addition to the Committee on
			 Rules, 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
			 concerned

		A BILL
		To amend title VII of the Tariff Act of 1930 to provide
		  that the provisions relating to countervailing duties apply to nonmarket
		  economy countries, and for other purposes.

		1.Short titleThis Act may be cited as the
			 Nonmarket Economy Trade Remedy Act of
			 2007.
		2.Application of
			 countervailing duties to nonmarket economies and strengthening application of
			 the law
			(a)In
			 GeneralSection 701(a)(1) of the Tariff Act of 1930 (19 U.S.C. 1671(a)(1)) is
			 amended by inserting (including a nonmarket economy country)
			 after country each place it appears.
			(b)Use of
			 alternate methodologies involving ChinaSection 771(5)(E) of the
			 Tariff Act of 1930 (19 U.S.C.
			 1677(5)(E)) is amended by adding at the end the following: If the
			 administering authority encounters special difficulties in identifying and
			 calculating the amount of a benefit under clauses (i) through (iv) with respect
			 to an investigation or review involving the People’s Republic of China,
			 irrespective of whether the administering authority determines that China is a
			 nonmarket economy country under paragraph (18) of this section, the
			 administering authority shall use methodologies to identify and calculate the
			 amount of the benefit that take into account the possibility that terms and
			 conditions prevailing in China may not always be available as appropriate
			 benchmarks. In applying such methodologies, where practicable, the
			 administering authority should take into account and adjust terms and
			 conditions prevailing in China before using terms and conditions prevailing
			 outside of China. When the administering authority has determined that China is
			 a nonmarket economy country under paragraph (18) of this section, the
			 administering authority shall presume that special difficulties exist in
			 calculating the amount of a benefit under clauses (i) through (iv) with respect
			 to an investigation or review involving China and that it is not practicable to
			 take into account and adjust terms and conditions prevailing in China, and the
			 administering authority shall use terms and conditions prevailing outside of
			 China..
			(c)Effective
			 DateThe amendments made by subsections (a) and (b) apply to
			 petitions filed under section 702 of the Tariff
			 Act of 1930 (19 U.S.C. 1671a) on or after October 1, 2006.
			(d)Antidumping
			 Provisions not AffectedThe amendments made by subsections (a)
			 and (b) shall not affect the status of a country as a nonmarket economy country
			 for the purposes of any matter relating to antidumping duties under subtitle B
			 of title VII of the Tariff Act of
			 1930 (19 U.S.C. 1673 et seq.).
			(e)Rule of
			 constructionThe amendments made by subsections (a) and (b) shall
			 not be construed to affect the interpretation of any provision of law as in
			 effect on the day before the date of the enactment of this Act with respect to
			 the application of countervailing duties to nonmarket economy countries.
			3.Revocation of
			 nonmarket economy country status
			(a)Amendment of
			 definition of nonmarket economy countrySection
			 771(18)(C)(i) of the Tariff Act of 1930 (19 U.S.C. 1677(18)(C)(i)) is amended
			 to read as follows:

					(i)Any determination
				that a foreign country is a nonmarket economy country shall remain in effect
				until—
						(I)the administering
				authority makes a final determination to revoke the determination under
				subparagraph (A); and
						(II)a joint resolution is enacted into law
				pursuant to section 3 of the Nonmarket Economy Trade Remedy Act of
				2007.
						.
			(b)Notification by
			 President; joint resolutionWhenever the administering authority
			 makes a final determination under section 771(18)(C)(i)(I) of the Tariff Act of
			 1930 (19 U.S.C. 1677(18)(C)(i)(I)) to revoke the determination that a foreign
			 country is a nonmarket economy country—
				(1)the President
			 shall notify the Committee on Finance of the Senate and the Committee on Ways
			 and Means of the House of Representatives of that determination not later than
			 10 days after the publication of the administering authority’s final
			 determination in the Federal Register;
				(2)the President
			 shall transmit to the Congress a request that a joint resolution be introduced
			 pursuant to this section; and
				(3)a joint
			 resolution shall be introduced in the Congress pursuant to this section.
				(c)DefinitionFor
			 purposes of this section, the term joint resolution means only a
			 joint resolution of the 2 Houses of the Congress, the matter after the
			 resolving clause of which is as follows: That the Congress approves the
			 change of nonmarket economy status with respect to the products of _____
			 transmitted by the President to the Congress on _____., the first blank
			 space being filled in with the name of the country with respect to which a
			 determination has been made under section 771(18)(C)(i) of the Tariff Act of
			 1930 (19 U.S.C. 1677(18)(C)(i)), and the second blank space being filled with
			 the date on which the President notified the Committee on Finance of the Senate
			 and the Committee on Ways and Means of the House of Representatives under
			 subsection (b)(1).
			(d)IntroductionA
			 joint resolution shall be introduced (by request) in the House of
			 Representatives by the majority leader of the House, for himself, or by Members
			 of the House designated by the majority leader of the House, and shall be
			 introduced (by request) in the Senate by the majority leader of the Senate, for
			 himself, or by Members of the Senate designated by the majority leader of the
			 Senate.
			(e)Amendments
			 prohibitedNo amendment to a joint resolution shall be in order
			 in either the House of Representatives or the Senate, and no motion to suspend
			 the application of this subsection shall be in order in either House, nor shall
			 it be in order in either House for the presiding officer to entertain a request
			 to suspend the application of this subsection by unanimous consent.
			(f)Period for
			 committee and floor consideration
				(1)In
			 generalIf the committee or committees of either House to which a
			 joint resolution has been referred have not reported the joint resolution at
			 the close of the 45th day after its introduction, such committee or committees
			 shall be automatically discharged from further consideration of the joint
			 resolution and it shall be placed on the appropriate calendar. A vote on final
			 passage of the joint resolution shall be taken in each House on or before the
			 close of the 15th day after the joint resolution is reported by the committee
			 or committees of that House to which it was referred, or after such committee
			 or committees have been discharged from further consideration of the joint
			 resolution. If, prior to the passage by one House of a joint resolution of that
			 House, that House receives the same joint resolution from the other House,
			 then—
					(A)the procedure in
			 that House shall be the same as if no joint resolution had been received from
			 the other House, but
					(B)the vote on final
			 passage shall be on the joint resolution of the other House.
					(2)Computation of
			 daysFor purposes of paragraph (1), in computing a number of days
			 in either House, there shall be excluded any day on which that House is not in
			 session.
				(g)Floor
			 consideration in the House
				(1)Motion
			 privilegedA motion in the House of Representatives to proceed to
			 the consideration of a joint resolution shall be highly privileged and not
			 debatable. An amendment to the motion shall not be in order, nor shall it be in
			 order to move to reconsider the vote by which the motion is agreed to or
			 disagreed to.
				(2)Debate
			 limitedDebate in the House of Representatives on a joint
			 resolution shall be limited to not more than 20 hours, which shall be divided
			 equally between those favoring and those opposing the joint resolution. A
			 motion further to limit debate shall not be debatable. It shall not be in order
			 to move to recommit a joint resolution or to move to reconsider the vote by
			 which a joint resolution is agreed to or disagreed to.
				(3)Motions to
			 postponeMotions to postpone, made in the House of
			 Representatives with respect to the consideration of a joint resolution, and
			 motions to proceed to the consideration of other business, shall be decided
			 without debate.
				(4)AppealsAll
			 appeals from the decisions of the Chair relating to the application of the
			 Rules of the House of Representatives to the procedure relating to a joint
			 resolution shall be decided without debate.
				(5)Other
			 rulesExcept to the extent specifically provided in the preceding
			 provisions of this subsection, consideration of a joint resolution shall be
			 governed by the Rules of the House of Representatives applicable to other bills
			 and resolutions in similar circumstances.
				(h)Floor
			 consideration in the Senate
				(1)Motion
			 privilegedA motion in the Senate to proceed to the consideration
			 of a joint resolution shall be privileged and not debatable. An amendment to
			 the motion shall not be in order, nor shall it be in order to move to
			 reconsider the vote by which the motion is agreed to or disagreed to.
				(2)Debate
			 limitedDebate in the Senate on a joint resolution, and all
			 debatable motions and appeals in connection therewith, shall be limited to not
			 more than 20 hours. The time shall be equally divided between, and controlled
			 by, the majority leader and the minority leader or their designees.
				(3)Control of
			 debateDebate in the Senate on any debatable motion or appeal in
			 connection with a joint resolution shall be limited to not more than 1 hour, to
			 be equally divided between, and controlled by, the mover and the manager of the
			 joint resolution, except that in the event the manager of the joint resolution
			 is in favor of any such motion or appeal, the time in opposition thereto shall
			 be controlled by the minority leader or his designee. Such leaders, or either
			 of them, may, from time under their control on the passage of a joint
			 resolution, allot additional time to any Senator during the consideration of
			 any debatable motion or appeal.
				(4)Other
			 motionsA motion in the Senate to further limit debate is not
			 debatable. A motion to recommit a joint resolution is not in order.
				(i)Rules of House
			 of Representatives and SenateSubsections (c) through (h) are
			 enacted by the Congress—
				(1)as an exercise of
			 the rulemaking power of the House of Representatives and the Senate,
			 respectively, and as such subsections (c) through (h) are deemed a part of the
			 rules of each House, respectively, but applicable only with respect to the
			 procedure to be followed in that House in the case of joint resolutions
			 described in subsection (c), and subsections (c) through (h) supersede other
			 rules only to the extent that they are inconsistent therewith; and
				(2)with full
			 recognition of the constitutional right of either House to change the rules (so
			 far as relating to the procedure of that House) at any time, in the same manner
			 and to the same extent as in the case of any other rule of that House.
				4.Study and report on
			 subsidies by People’s Republic of China
			(a)StudyThe
			 United States International Trade Commission shall conduct a study, under
			 section 332 of the Tariff Act of 1930 (19 U.S.C. 1332), regarding how the
			 People’s Republic of China uses government intervention to promote investment,
			 employment, and exports. The study shall comprehensively catalog, and when
			 possible quantify, the practices and policies that central, provincial, and
			 local government bodies in the People’s Republic of China use to support and to
			 attempt to influence decisionmaking in China’s manufacturing enterprises and
			 industries. Chapters of this study shall include, but not be limited to, the
			 following:
				(1)Privatization and
			 private ownership.
				(2)Nonperforming
			 loans.
				(3)Price
			 coordination.
				(4)Selection of
			 industries for targeted assistance.
				(5)Banking and
			 finance.
				(6)Utility
			 rates.
				(7)Infrastructure
			 development.
				(8)Taxation.
				(9)Restraints on
			 imports and exports.
				(10)Research and
			 development.
				(11)Worker training
			 and retraining.
				(12)Rationalization
			 and closure of uneconomic enterprises.
				(b)ReportThe
			 Congress requests that—
				(1)not later than 9
			 months after the date of the enactment of this Act, the International Trade
			 Commission complete its study under subsection (a), submit a report on the
			 study to the Committee on Ways and Means of the House of Representatives and
			 the Committee on Finance of the Senate, and make the report available to the
			 public; and
				(2)not later than 1
			 year after the report under paragraph (1) is submitted, and annually thereafter
			 through 2017, the International Trade Commission prepare and submit to the
			 committees referred to in paragraph (1) an update of the report and make the
			 update of the report available to the public.


110 HR 652 IH: To make the National Parks and Federal Recreational Lands

U.S. House of Representatives
2007-01-24
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
		110th CONGRESS
		1st Session
		H. R. 652
		IN THE HOUSE OF REPRESENTATIVES

			January 24, 2007
			Mr. Reynolds (for
			 himself, Mr. Bartlett of Maryland,
			 Mr. Brown of South Carolina,
			 Mr. Burton of Indiana,
			 Mrs. Christensen,
			 Mr. Cole of Oklahoma,
			 Mr. David Davis of Tennessee,
			 Mr. Ehlers,
			 Ms. Fallin,
			 Mr. Fossella,
			 Mr. Hall of Texas,
			 Mr. Hinojosa,
			 Mr. Lewis of California,
			 Mr. LoBiondo,
			 Mr. Miller of Florida,
			 Mrs. Myrick,
			 Mr. Ramstad,
			 Mr. Rogers of Kentucky,
			 Mr. Smith of New Jersey,
			 Mr. Wilson of South Carolina, and
			 Mr. Calvert) introduced the following
			 bill; which was referred to the Committee
			 on Natural Resources, and in addition to the Committee on
			 Agriculture, 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
			 concerned

		A BILL
		To make the National Parks and Federal Recreational Lands
		  Pass available at a discount to certain veterans.

		1.Veterans Eagle
			 Passport
			(a)Short
			 titleThis Act may be refered
			 to as the Veterans Eagle Parks Pass Act.
			(b)Veterans Eagle
			 Parks PassSection 805(b) of
			 division J of the Consolidated Appropriations Act, 2005 (16 U.S.C. 6804(b); 118
			 Stat. 3386), is amended by adding at the end the following new
			 paragraph:

					(3)Veterans
				DiscountThe Secretary shall
				make the National Parks and Federal Recreational Lands Pass available, at a
				cost of $10, to any veteran who was separated from military service under
				conditions other than dishonorable, if the veteran provides proof of that
				status by presenting a DD214. The National Parks and Federal Recreational Lands
				Pass made available under this paragraph shall be valid for 1 year from the
				date of
				issuance.
					.


113 HJ 102 IH: Providing for the appointment of Risa Lavizzo-Mourey as a citizen regent of the Board of Regents of the Smithsonian Institution.
U.S. House of Representatives
2013-11-13
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.

IA113th CONGRESS1st SessionH. J. RES. 102IN THE HOUSE OF REPRESENTATIVESNovember 13, 2013Mr. Sam Johnson of Texas (for himself, Mr. Becerra, and Mr. Cole) introduced the following joint resolution; which was referred to the Committee on House AdministrationJOINT RESOLUTIONProviding for the appointment of Risa Lavizzo-Mourey as a citizen regent of the Board of Regents of the Smithsonian Institution.That, in accordance with section 5581 of the Revised Statutes (20 U.S.C. 43), the vacancy on the Board of Regents of the Smithsonian Institution, in the class other than Members of Congress, occurring by reason of the expiration of the term of Patricia Q. Stonesifer of Washington on December 22, 2013, is filled by the appointment of Risa Lavizzo-Mourey of Pennsylvania. The appointment is for a term of 6 years, beginning on the later of December 22, 2013, or the date of the enactment of this joint resolution.


116 HR 3274 IH: Dynamic Glass Act of 2019
U.S. House of Representatives
2019-06-13
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.

I116th CONGRESS1st SessionH. R. 3274IN THE HOUSE OF REPRESENTATIVESJune 13, 2019Mr. Horsford introduced the following bill; which was referred to the Committee on Ways and MeansA BILLTo amend the Internal Revenue Code of 1986 to allow the energy investment tax credit for
			 electrochromic glass.

 1.Short titleThis Act may be cited as the Dynamic Glass Act of 2019. 2.Inclusion of electrochromic glass as energy property for purposes of investment tax credit (a)In generalSection 48(a)(2)(A)(i) of the Internal Revenue Code of 1986 is amended by striking and at the end of subclause (III) and by adding at the end the following new subclause:

 (V)energy property described in paragraph (3)(A)(viii), and. (b)Electrochromic glass describedSection 48(a)(3)(A) of such Code is amended by striking or at the end of clause (vi), by adding or at the end of clause (vii), and by adding at the end the following new clause:

 (viii)glass which uses electricity to change its light transmittance properties in order to heat or cool a structure, but only with respect to property the construction of which begins before January 1, 2022..
 (c)PhaseoutSection 48(a)(6) of such Code is amended— (1)by striking paragraph (3)(A)(i) each place it appears and inserting clause (i) or (viii) of paragraph (3)(A), and
 (2)by inserting and electrochromic glass after solar energy property. (d)Effective dateThe amendment made by this section shall apply to taxable years beginning after the date of the enactment of this Act.