		I
		111th CONGRESS
		1st Session
		H. R. 668
		IN THE HOUSE OF REPRESENTATIVES

			January 23, 2009
			Mr. Walden (for
			 himself and Mr. Kind) introduced the
			 following bill; which was referred to the Committee on Ways and Means

		A BILL
		To amend title XVIII of the Social Security Act to
		  provide flexibility in the manner in which beds are counted for purposes of
		  determining whether a hospital may be designated as a critical access hospital
		  under the Medicare Program and to exempt from the critical access hospital
		  inpatient bed limitation the number of beds provided for certain
		  veterans.

		1.Short titleThis Act may be cited as the
			 Critical Access Hospital Flexibility
			 Act of 2009.
		2.Flexibility in the
			 manner in which beds are counted for purposes of determining whether a hospital
			 may be designated as a critical access hospital under the Medicare
			 program
			(a)In
			 generalSection 1820(c)(2)(B) of the
			 Social Security Act (42 U.S.C.
			 1395i–4(c)(2)(B)) is amended—
				(1)in
			 clause (iii), by inserting (or 20, as determined on an annual, average
			 basis) after 25; and
				(2)by adding at the
			 end the following flush sentence:

						In
				determining the number of beds for purposes of clause (iii), only beds that are
				occupied shall be
				counted..
				(b)Effective
			 dateThe amendments made by this section take effect on January
			 1, 2010.
			3.Critical access
			 hospital inpatient bed limitation exemption for beds provided to certain
			 veterans
			(a)In
			 generalSection 1820(c) of
			 the Social Security Act (42 U.S.C. 1395i–4(c)) is amended by adding at the end
			 the following new paragraph:

					(3)Exemption from
				bed limitationFor purposes
				of this section, no acute care inpatient bed shall be counted against any
				numerical limitation specified under this section for such a bed (or for
				inpatient bed days with respect to such a bed) if the bed is provided for an
				individual who is a veteran and the Department of Veterans Affairs referred the
				individual for care in the hospital or is coordinating such care with other
				care being provided by such
				Department.
					.
			(b)Effective
			 dateThe amendment made by subsection (a) shall apply to cost
			 reporting periods beginning on or after the date of the enactment of this
			 Act.


109 HR 435 IH: Equal Access to Justice Reform Act of 2005
U.S. House of Representatives
2005-02-01
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. 435
IN THE HOUSE OF REPRESENTATIVES

February 1, 2005
Mr. Manzullo (for himself and Mr. Blumenauer) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on Small Business, 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 the provisions of titles 5 and 28, United States Code, relating to equal access to justice, award of reasonable costs and fees, and administrative settlement offers, and for other purposes.

1.Short titleThis Act may be cited as the Equal Access to Justice Reform Act of 2005.
2.Findings and statement of purpose
(a)FindingsThe Congress finds that—
(1)the Equal Access to Justice Act (Public Law 96–481; 94 Stat. 2325 et seq.) (in this section referred to as EAJA) was intended to make the justice system more accessible to individuals of modest means, small businesses, and nonprofit organizations (in this section collectively referred to as small parties) through limited recovery of their attorneys fees when they prevail in disputes with the Federal Government;
(2)although EAJA has succeeded, at modest cost, in improving access to the justice system for small parties, EAJA retains formidable barriers to attorneys’ fees recovery (even for small parties that completely prevail against the Government), as well as inefficient and costly mechanisms for determining the fees recovery;
(3)among the barriers retained by EAJA are—
(A)EAJA’s substantial justification defense, whereby the Government can deny attorneys’ fees recovery to prevailing small parties if the Government can show that its position, although proven illegal, was not abusive or entirely unreasonable;
(B)EAJA’s hourly rate cap on attorneys’ fees of $125, which is well below the market rate for competent legal services in many legal markets (especially for complex and high-risk litigation against the Federal Government) and thus prevents fair reimbursement of attorneys’ fees for small parties and discourages competent counsel from undertaking meritorious cases on a contingency or reduced-fee basis; and
(C)EAJA’s outdated small business eligibility requirements, which have not increased or indexed for inflation the net worth threshold of $7,000,000 established in 1985;
(4)among the inefficiencies retained by EAJA are—
(A)EAJA’s substantial justification defense, which initiates collateral litigation over attorneys’ fees recovery that both consumes significant Federal resources and prolongs the time, expense, and risk of pursuing fees recovery to the prevailing small party;
(B)EAJA’s omission of any mechanism (such as the offer in compromise feature of Federal Rule of Civil Procedure 68) that would apply after a small party has prevailed on the merits of its claim to encourage both sides to reach a prompt and reasonable settlement of attorneys’ fees;
(C)EAJA’s failure to create an educational and technical assistance function within an appropriate agency to facilitate more efficient use, settlement, and payment of claims under EAJA; and
(D)EAJA’s failure to reassign congressional reporting obligations to an appropriate, existing agency (EAJA lodges annual congressional reporting with the Administrative Conference of the United States, an agency which ceased to exist in 1995);
(5)none of these barriers or inefficiencies exists in the primary Federal fee-shifting statute applicable to State and local governments, Revised Statutes section 722 (42 U.S.C. 1988(b)), resulting in—
(A)an unequal level of accountability to Federal law among governments in the United States (shielding the Federal Government to a greater degree than State and local governments from the consequences of violating Federal law);
(B)an uneven playing field for small party victims of Federal law violations (discouraging resistance to illegal action by the Federal Government); and
(C)an inefficient use of Federal agency resources (burdening the Federal budget);
(6)a further barrier and inefficiency is the practice of Federal agencies of paying their EAJA liabilities from the General Treasury rather than their own agency budgets, relieving those agencies of the financial consequences of their misconduct (i.e., EAJA liability) and burdening the Federal budget unnecessarily;
(7)it is in the national interest to remove these barriers and inefficiencies for small parties, particularly small business owners, involved in disputes with the Federal Government in order to develop sound policies relative to the national economy in which small businesses play a significant and strategic role; and
(8)the removal of these barriers and inefficiencies is essential to—
(A)equalize the level of accountability to Federal law among governments in the United States;
(B)discourage marginal or abusive Federal enforcement actions directed at small parties;
(C)stop the practice of paying EAJA liabilities from the General Treasury, which has insulated agencies from the financial consequences of their misconduct and burdened the Federal budget unnecessarily;
(D)refine and improve Federal policies through adjudication;
(E)promote a fair and cost-effective process for prompt settlement and payment of attorneys’ fees claims; and
(F)provide a fairer opportunity for full participation by small businesses in the free enterprise system, further increasing the economic vitality of the Nation.
(b)PurposeIt is, therefore, the purpose of this Act to remove existing barriers and inefficiencies in EAJA in order to—
(1)equalize the level of accountability to Federal law among governments in the United States;
(2)discourage marginal or abusive Federal enforcement actions directed at small parties;
(3)stop the practice of paying EAJA liabilities from the General Treasury, which has insulated agencies from the financial consequences of their misconduct and burdened the Federal budget unnecessarily;
(4)refine and improve Federal policies through adjudication;
(5)promote a fair and cost-effective process for prompt settlement and payment of attorneys’ fees claims; and
(6)provide a fairer opportunity for full participation by small businesses in the free enterprise system, further increasing the economic vitality of the Nation.
(c)Compliance policyIn complying with the statement of congressional policy expressed in this section, each Federal agency, to the maximum extent practicable, should—
(1)avoid unjustified enforcement actions directed at small parties covered by EAJA;
(2)alleviate unnecessary burdens of compliance with justified enforcement actions directed at small parties covered by EAJA; and
(3)minimize impediments to prompt resolution and payment of reasonable attorneys’ fees to prevailing small parties covered by EAJA.
3.Reporting and technical assistance by office of advocacy
(a)Functions of office of advocacySection 202 of Public Law 94–305 (15 U.S.C. 634b) is amended—
(1)in paragraph (3), by inserting before the semicolon at the end the following: and for ensuring that the justice system remains accessible to small businesses for the resolution of disputes with the Federal Government;; and
(2)by striking paragraph (11) and inserting the following:

(11)advise, cooperate with, and consult with the President and Attorney General with respect to section 303(b) of the Small Business Economic Policy Act of 1980 (15 U.S.C. 631b(b)) and section 504(e) of title 5, United States Code; and.
(b)Duties of office of advocacySection 203 of Public Law 94–305 (15 U.S.C. 634c) is amended—
(1)in paragraph (2), by inserting before the semicolon at the end the following: , including the resolution of disputes with the Federal Government and the role of procedures established by the Equal Access to Justice Act (Public Law 96–481; 94 Stat. 2325) in such disputes; and
(2)in paragraph (3), by inserting after the Small Business Act the following: , including those related to the Equal Access to Justice Act,.
(c)Reports to Congress
(1)In generalNot later than 180 days after the date of the enactment of this Act, the Attorney General, in cooperation with the Chief Counsel for Advocacy of the Small Business Administration, shall transmit to the congressional committees specified in paragraph (2) a report containing—
(A)an analysis of the effectiveness of the Equal Access to Justice Act (Public Law 96–481; 94 Stat. 2325) (in this paragraph referred to as EAJA) in achieving its purpose to ease the burden upon small businesses and other small parties covered by EAJA of engaging in dispute resolution with the Federal Government, including—
(i)the relative awareness of EAJA in the small business community;
(ii)the relative awareness of EAJA’s requirements among Federal agencies;
(iii)the extent and quality of rules and regulations adopted by each Federal agency for processing, resolving, and paying attorneys’ fees claims under EAJA;
(iv)the extent to which each Federal agency claims any exemptions in whole or in part from EAJA’s coverage;
(v)the frequency or degree of use of EAJA’s procedures by prevailing small businesses; and
(vi)an analysis of the costs and benefits of EAJA generally;
(B)an analysis of the variations in the frequency and amounts of fee awards paid by specific Federal agencies and within specific Federal circuits and districts under section 504 of title 5, United States Code, and section 2412 of title 28, United States Code, including the number and total dollar amount of all claims filed with, and all claims processed, settled, litigated, and paid by, each agency under EAJA; and
(C)recommendations for congressional oversight or legislative changes with respect to EAJA, including any recommendations for promulgation or amendment of regulations issued under EAJA by specific Federal agencies.
(2)Specified committeesThe congressional committees referred to in paragraph (1) are the following:
(A)The Committee on the Judiciary and the Committee on Small Business of the House of Representatives.
(B)The Committee on the Judiciary and the Committee on Small Business and Entrepreneurship of the Senate.
(3)Report on small business and competitionSection 303 of the Small Business Economic Policy Act of 1980 (15 U.S.C. 631b) is amended—
(A)in subsection (a) by striking paragraph (5) and inserting the following:

(5)recommend a program for carrying out the policy declared in section 302 (including a policy to ensure that the justice system remains accessible to small business enterprises for the resolution of disputes with the Federal Government), together with such recommendations for legislation as the President may deem necessary or desirable.;
(B)in subsection (b)—
(i)by striking (b) and inserting (b)(1); and
(ii)by adding at the end the following:

(2)The President, after consultation with the Chief Counsel for Advocacy of the Small Business Administration and the Attorney General, shall transmit simultaneously as an appendix to such annual report, a report that describes, by agency and department—
(A)the total number of claims filed, processed, settled, and litigated by small business concerns under section 504 of title 5, United States Code, and section 2412 of title 28, United States Code (originally enacted pursuant to the Equal Access to Justice Act (Public Law 96–481; 94 Stat. 2325));
(B)the total dollar amount of all outstanding awards and settlements to small business concerns under such sections;
(C)the total dollar amount of all claims paid to small business concerns under such sections;
(D)the underlying legal claims involved in each controversy with small business concerns under such sections; and
(E)any other relevant information that the President determines may aid Congress in evaluating the impact on small business concerns of such sections.
(3)Each agency shall provide the President with such information as is necessary for the President to comply with the requirements of this subsection.; and
(C)in subsection (d)—
(i)by striking (d) and inserting (d)(1); and
(ii)by adding at the end the following:

(2)All reports concerning the Equal Access to Justice Act (Public Law 96–481; 94 Stat. 2325), or the congressional policy to ensure that the justice system remains accessible to small business enterprises for the resolution of disputes with the Federal Government, shall be transmitted to the following congressional committees:
(A)The Committee on the Judiciary and the Committee on Small Business of the House of Representatives.
(B)The Committee on the Judiciary and the Committee on Small Business and Entrepreneurship of the Senate..
4.Equal access for small parties in civil and administrative proceedings
(a)Elimination of substantial justification standard
(1)Administrative proceedingsSection 504 of title 5, United States Code, is amended—
(A)in subsection (a)(1), by striking , unless the adjudicative officer and all that follows through the period at the end and inserting a period; and
(B)in subsection (a)(2), by striking The party shall also allege that the position of the agency was not substantially justified..
(2)Judicial proceedingsSection 2412 of title 28, United States Code, is amended—
(A)in subsection (d)(1)(A), by striking , unless the court and all that follows through the period at the end and inserting a period;
(B)in subsection (d)(1)(B), by striking The party shall also allege and all that follows through the period at the end and inserting a period; and
(C)in subsection (d)(3), by striking , unless the court and all that follows through the period at the end and inserting a period.
(b)Eligibility of small businesses for fee award
(1)Administrative proceedingsSection 504(b)(1)(B)(ii) of title 5, United States Code, is amended by striking $7,000,000 and inserting $10,000,000.
(2)Judicial proceedingsSection 2412(d)(2)(B)(ii) of title 28, United States Code, is amended by striking $7,000,000 and inserting $10,000,000.
(c)Elimination of rate cap
(1)Administrative proceedingsSection 504(b)(1)(A) of title 5, United States Code, is amended—
(A)by striking (i); and
(B)by striking by the agency involved and all that follows through a higher fee and inserting by the agency involved.
(2)Judicial proceedingsSection 2412(d)(2)(A) of title 28, United States Code, is amended—
(A)by striking (i); and
(B)by striking by the United States and all that follows through a higher fee and inserting by the United States.
(d)Offers of settlement
(1)Administrative proceedingsSection 504(a) of title 5, United States Code, as amended by this section, is further amended by adding at the end the following:

(5)
(A)At any time after an agency receives an application submitted under paragraph (2), the agency may serve upon the applicant a written offer of settlement of the claims made in the application. If within 10 business days after such service the applicant serves written notice that the offer is accepted, either the agency or the applicant may then file the offer and notice of acceptance together with proof of service thereof.
(B)An offer not accepted within the time allowed shall be deemed withdrawn. The fact that an offer is made but not accepted shall not preclude a subsequent offer. If any award of fees and expenses for the merits of the proceeding finally obtained by the applicant is not more favorable than the offer, the applicant shall not be entitled to receive an award for fees or other expenses incurred (in relation to the application for fees and expenses) after the date of the offer..
(2)Judicial proceedingsSection 2412(d)(1) of title 28, United States Code, as amended by this section, is further amended by adding at the end the following:

(E)
(i)At any time after an agency receives an application submitted under subparagraph (B), the agency may serve upon the applicant a written offer of settlement of the claims made in the application. If within 10 business days after such service the applicant serves written notice that the offer is accepted, either the agency or the applicant may then file the offer and notice of acceptance together with proof of service thereof.
(ii)An offer not accepted within the time allowed shall be deemed withdrawn. The fact that an offer is made but not accepted shall not preclude a subsequent offer. If any award of fees and expenses for the merits of the proceeding finally obtained by the applicant is not more favorable than the offer, the applicant shall not be entitled to receive an award for fees or other expenses incurred (in relation to the application for fees and expenses) after the date of the offer..
(e)Declaration of intent to seek fee award
(1)Administrative proceedingsSection 504(a)(2) of title 5, United States Code, as amended by this section, is further amended by inserting before the first sentence the following: At any time after the commencement of an adversary adjudication, the adjudicative officer may (and if requested by a party shall) require a party to declare whether such party intends to seek an award of fees and expenses against the agency should such party prevail..
(2)Judicial proceedingsSection 2412(d)(1)(B) of title 28, United States Code, as amended by this section, is further amended by inserting before the first sentence the following: At any time after the commencement of an adversary adjudication, as defined in subsection (b)(1)(C) of section 504 of title 5, United States Code, the court may (and if requested by a party shall) require a party to declare whether such party intends to seek an award of fees and expenses against the agency should such party prevail..
(f)Payment of attorneys’ Fees from agency appropriations
(1)Administrative proceedingsSection 504(d) of title 5, United States Code, is amended—
(A)by striking subsection and inserting section; and
(B)by adding at the end the following: Fees and expenses awarded under this section may not be paid from the claims and judgments account of the Treasury from funds appropriated pursuant to section 1304 of title 31..
(2)Judicial proceedingsSection 2412(d)(4) of title 28, United States Code, is amended by adding at the end the following: Fees and expenses awarded under this subsection may not be paid from the claims and judgments account of the Treasury from funds appropriated pursuant to section 1304 of title 31..
(g)Eligibility of taxpayers for fee award
(1)Administrative proceedingsSection 504 of title 5, United States Code, as amended by this section, is further amended by striking subsection (f).
(2)Judicial proceedingsSection 2412 of title 28, United States Code, as amended by this section, is further amended by striking subsection (e) and redesignating subsection (f) as subsection (e).
(h)Conforming amendment relating to reporting requirement under Small Business ActSection 504(e) of title 5, United States Code, is amended to read as follows:

(e)
(1)The Attorney General, after consultation with the Chief Counsel for Advocacy of the Small Business Administration, shall report annually to the Congress on the amount of fees and other expenses awarded to individuals during the preceding fiscal year pursuant to this section and section 2412 of title 28. The report shall describe the number, nature, and amount of the awards, the claims involved in the controversy, and any other relevant information which may aid the Congress in evaluating the scope and impact of such awards for individuals engaged in disputes with Federal agencies. Each agency shall provide the Attorney General with such information as is necessary for the Attorney General to comply with the requirements of this subsection.
(2)A requirement that the President report annually on proceedings affecting small business concerns under this section and under section 2412 of title 28 is provided in section 303(b) of the Small Business Economic Policy Act of 1980 (15 U.S.C. 631b(b))..
(i)ApplicabilityThe provisions of this section and the amendments made by this section shall apply to any proceeding pending on, or commenced on or after, the effective date of this Act.
5.Definition of prevailing party in EAJA cases
(a)Title 5Section 504(b)(1) of title 5, United States Code, is amended by adding at the end the following new paragraph:

(G)prevailing party includes, in addition to a party who prevails through a judicial or administrative judgment or order, a party whose pursuit of a nonfrivolous claim or defense was a catalyst for a voluntary or unilateral change in position by the opposing party that provides any significant part of the relief sought..
(b)Title 28Section 2412 of title 28, United States Code, is amended—
(1)in subsection (d)(2)(H), by inserting after means the following: , subject to subsection (g),; and
(2)by adding at the end the following new subsection:

(g)For the purposes of this section, the term prevailing party includes, in addition to a party who prevails through a judicial or administrative judgment or order, a party whose pursuit of a nonfrivolous claim or defense was a catalyst for a voluntary or unilateral change in position by the opposing party that provides any significant part of the relief sought..
6.Effective dateThe provisions of this Act and the amendments made by this Act shall take effect 30 days after the date of the enactment of this Act.


115 S415 IS: To nullify the effect of the recent Executive order that makes the vast majority of unauthorized individuals priorities for removal and aims to withhold critical Federal funding to sanctuary cities.
U.S. Senate
2017-02-16
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
		115th CONGRESS1st Session
		S. 415
		IN THE SENATE OF THE UNITED STATES

			February 16, 2017
			Ms. Cortez Masto (for herself, Mr. Durbin, Mr. Coons, Ms. Hirono, Mr. Franken, Mr. Sanders, Mr. Booker, Mr. Markey, Mr. Leahy, Mr. Wyden, Ms. Harris, Mrs. Murray, Mr. Kaine, Mr. Bennet, Mr. Merkley, Mr. Van Hollen, Ms. Warren, Ms. Duckworth, Mr. Blumenthal, Mr. Menendez, and Mrs. Feinstein) introduced the following bill; which was read twice and referred to the Committee on the Judiciary

		A BILL
		To nullify the effect of the recent Executive order that makes the vast majority of unauthorized
			 individuals
			 priorities for removal and aims to withhold critical Federal funding to
			 sanctuary cities.

 1.Rescission of Executive Order 13768The provisions of Executive Order 13768 (82 Fed. Reg. 8799; January 25, 2017), entitled Enhancing Public Safety in the Interior of the United States, are rescinded and shall not have any legal effect.


113 SRES 13 ATS: Congratulating the members of Delta Sigma Theta Sorority, Inc. for 100 years of service to communities throughout the United States and the world, and commending Delta Sigma Theta Sorority, Inc. for its promotion of sisterhood, scholarship, and service.
U.S. Senate
2013-01-24
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.

		III
		113th CONGRESS
		1st Session
		S. RES. 13
		IN THE SENATE OF THE UNITED STATES

			January 24
			 (legislative day, January 3), 2013
			Mr. Brown (for himself,
			 Mr. Leahy, Mr.
			 Cochran, Mr. Cornyn,
			 Ms. Mikulski, Mr. Cardin, Ms.
			 Landrieu, Mr. Menendez,
			 Mr. Warner, Mrs. Gillibrand, Mr.
			 Nelson, Mr. Portman, and
			 Mrs. Hagan) submitted the following
			 resolution; which was referred to the Committee on the Judiciary

			January 30, 2013
			Committee discharged; considered and agreed
			 to

		RESOLUTION
		Congratulating the members of Delta Sigma
		  Theta Sorority, Inc. for 100 years of service to communities throughout the
		  United States and the world, and commending Delta Sigma Theta Sorority, Inc.
		  for its promotion of sisterhood, scholarship, and service.

		Whereas, on January 13, 1913, Delta Sigma Theta Sorority,
			 Inc. was founded at Howard University in the District of Columbia by Osceola
			 Macarthy Adams, Marguerite Young Alexander, Winona Cargile Alexander, Ethel
			 Cuff Black, Bertha Pitts Campbell, Zephyr Chisom Carter, Edna Brown Coleman,
			 Jessie McGuire Dent, Frederica Chase Dodd, Myra Davis Hemmings, Olive Jones,
			 Jimmie Bugg Middleton, Pauline Oberdorfer Minor, Vashti Turley Murphy, Naomi
			 Sewell Richardson, Mamie Reddy Rose, Eliza Pearl Shippen, Florence Letcher
			 Toms, Ethel Carr Watson, Wertie Blackwell Weaver, Madree Penn White, and Edith
			 Motte Young;
		Whereas, on January 13, 2013, Delta Sigma Theta Sorority,
			 Inc. celebrated 100 years of thoughtful service to and conscientious leadership
			 in communities throughout the United States and the world in diverse fields
			 relating to public service and the organization’s five-point programmatic
			 thrust: economic development, educational development, international awareness
			 and involvement, physical and mental health, and political awareness and
			 involvement;
		Whereas, in March 1913, the founders of Delta Sigma Theta
			 Sorority, Inc. participated in the Women’s Suffrage March in the District of
			 Columbia, the sorority’s first public act;
		Whereas, in its infancy, Delta Sigma Theta Sorority, Inc.
			 established its Beta chapter at Wilberforce University in Wilberforce, Ohio,
			 its Gamma chapter at the University of Pennsylvania in Philadelphia,
			 Pennsylvania, its Delta chapter at the University of Iowa in Iowa City, Iowa,
			 and its Epsilon chapter at the Ohio State University in Columbus, Ohio;
		Whereas Delta Sigma Theta Sorority, Inc. has more than 900
			 chapters in the United States, England, Japan, Germany, the Virgin Islands,
			 Bermuda, the Bahamas, and South Korea;
		Whereas the women of Delta Sigma Theta Sorority, Inc. have
			 distinguished themselves in the endeavor for civil rights, including Mary
			 McLeod Bethune, Fannie Lou Hamer, Betty Shabazz, Lena Horne, and Dorothy Irene
			 Height;
		Whereas the women of Delta Sigma Theta Sorority, Inc. have
			 distinguished themselves as public servants, including—
			(1)Stephanie
			 Tubbs-Jones, a Member of the House of Representatives from Ohio;
			(2)Marcia Fudge, a
			 Member of the House of Representatives from Ohio;
			(3)Joyce Beatty, a
			 Member of the House of Representatives from Ohio;
			(4)Carrie P. Meek, a
			 Member of the House of Representatives from Florida;
			(5)Shirley Chisholm,
			 the first African-American woman elected to Congress and the first
			 African-American and woman to run as a major party candidate for President of
			 the United States;
			(6)Barbara Jordan,
			 the first African-American woman from the South to serve in the House of
			 Representatives;
			(7)Carol Mosley
			 Braun, the first and only African-American woman elected to the Senate;
			(8)Mary Church
			 Terrell, a founder of the National Association for the Advancement of Colored
			 People and an adviser to the Republican National Committee and the Herbert
			 Hoover presidential campaign;
			(9)Jewel Stradford
			 LaFontant, United States Representative to the United Nations and the first
			 female Deputy Solicitor General of the United States in the administration of
			 President Richard M. Nixon, later serving as the United States Coordinator for
			 Refugee Affairs and Ambassador-at-Large in the administration of President
			 George H.W. Bush;
			(10)Patricia Roberts
			 Harris, the first African-American woman to serve as an Ambassador of the
			 United States, later serving as Secretary of Housing and Urban Development and
			 Secretary of Health and Human Services under President Jimmy Carter;
			(11)The Honorable
			 Ann Claire Williams, the first African-American woman appointed to the United
			 States District Court for the North District of Illinois in 1985 by President
			 Ronald Reagan, the first African-American appointed to the United States Court
			 of Appeals for the Seventh Circuit in 1999 by President William J. Clinton, and
			 the third African-American woman to serve as a judge on a United States Court
			 of Appeals;
			(12)Alexis Herman,
			 Secretary of Labor under President William J. Clinton; and
			(13)Regina Benjamin,
			 the 18th Surgeon General of the United States, serving in the administration of
			 President Barack Obama; and
			Whereas Delta Sigma Theta Sorority, Inc. commemorated its
			 history and promoted service during its centennial celebration, January 11
			 through January 13, 2013, in the District of Columbia: Now, therefore, be
			 it

		That the Senate—
			(1)congratulates
			 Delta Sigma Theta Sorority, Inc. for 100 years of service to communities
			 throughout the United States and the world; and
			(2)commends Delta
			 Sigma Theta Sorority, Inc. for its promotion of sisterhood, scholarship, and
			 service.


		II
		111th CONGRESS
		2d Session
		S. 3714
		IN THE SENATE OF THE UNITED STATES

			August 5, 2010
			Mr. Conrad (for himself
			 and Mr. Hatch) introduced the following
			 bill; which was read twice and referred to the
			 Committee on
			 Finance

		A BILL
		To amend the Internal Revenue Code of 1986 to provide tax
		  incentives for clean coal technology, and for other purposes.

		1.Short title;
			 findings
			(a)Short
			 titleThis Act may be cited
			 as the Coal Energy Bridge Act of
			 2010.
			(b)FindingsThe
			 Congress finds the following:
				(1)Significantly reducing greenhouse gas
			 emissions from United States coal plants must be part of a strategy to address
			 climate change.
				(2)Carbon capture and
			 sequestration is the key to continued enjoyment of the energy security and
			 economic benefits associated with the use of the Nation's abundant domestic
			 coal resources for power generation.
				(3)Multiple
			 technology demonstrations that increase the efficiency of power plants and
			 thereby reduce carbon dioxide emissions and that demonstrate carbon dioxide
			 capture and sequestration are needed in the near-term as a bridge to a reliable
			 and affordable power system that can achieve future greenhouse gas reduction
			 goals.
				2.Seven-year
			 amortization for certain systems installed on coal-fired electric generation
			 units
			(a)In
			 generalSubsection (d) of section 169 of the Internal Revenue
			 Code of 1986 (relating to amortization of pollution control facilities) is
			 amended by adding at the end the following new paragraph:

					(6)Special rule for
				systems installed on coal-fired electric generation units
						(A)In
				generalAny mechanical or electronic system—
							(i)which is installed on a coal-fired electric
				generation unit after the date of the enactment of this paragraph, and
							(ii)which reduces
				carbon dioxide emissions per net megawatt hour of electricity generation by 1
				or more of the means described in subparagraph (B) or any other means,
							shall
				be treated for purposes of this section as a new identifiable treatment
				facility which abates or controls atmospheric pollution or contamination by
				removing, altering, disposing, storing, or preventing the creation or emission
				of pollutants, contaminants, wastes, or heat. Paragraph (1)(C) of this
				subsection, and subsection (e), shall not apply to any system which is so
				treated.(B)Means for
				reducing emissionsThe means described in this subparagraph
				are—
							(i)optimizing
				combustion,
							(ii)optimizing
				sootblowing and heat transfer,
							(iii)upgrading steam
				temperature control capabilities,
							(iv)reducing exit gas
				temperatures (air heater modifications),
							(v)predrying low rank
				coals using power plant waste heat,
							(vi)modifying steam
				turbines or change the steam path/blading,
							(vii)replacing single
				speed motors with variable speed drives for fans and pumps, and
							(viii)improving
				operational controls, including neural networks.
							(C)Special rule for
				minimum taxSection 56(a)(5) shall not apply to property to which
				this paragraph
				applies.
						.
			(b)Effective
			 dateThe amendment made by this section shall apply to property
			 placed in service after the date of the enactment of this Act.
			3.Credit for
			 investment in carbon dioxide capture, transport, and storage equipment
			(a)In
			 generalSubpart E of part IV
			 of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to
			 rules for computing investment credit) is amended by inserting after section
			 48D the following new section:

					48E.Qualifying
				carbon dioxide capture, transport, and storage equipment credit
						(a)General
				ruleFor purposes of section
				46, the qualifying carbon dioxide capture, transport, and storage equipment
				credit for any taxable year is an amount equal to 30 percent of the qualified
				investment for such taxable year.
						(b)Qualified
				investment
							(1)In
				generalFor purposes of
				subsection (a), the qualified investment for any taxable year is the basis of
				eligible carbon dioxide capture, transport, and storage property placed in
				service by the taxpayer during such taxable year which is part of a qualifying
				clean coal project—
								(A)(i)the construction, reconstruction, or
				erection of which is completed by the taxpayer, or
									(ii)which is acquired by the taxpayer
				if the original use of such property commences with the taxpayer, and
									(B)with respect to
				which depreciation (or amortization in lieu of depreciation) is
				allowable.
								(2)Special rule for
				certain subsidized propertyRules similar to section 48(a)(4) shall
				apply for purposes of this section.
							(3)Certain
				qualified progress expenditures rules made applicableRules similar to the rules of subsections
				(c)(4) and (d) of section 46 (as in effect on the day before the enactment of
				the Revenue Reconciliation Act of 1990) shall apply for purposes of this
				section.
							(c)DefinitionsFor
				purposes of this section—
							(1)Qualifying
				clean coal project
								(A)In
				generalThe term qualifying clean coal project means
				any project if such project—
									(i)uses—
										(I)gasification
				technology (as defined in section 48B(c)(2)), or
										(II)the combustion
				of coal, biomass, or both
										to produce
				electricity, qualified transportation fuels, or synthetic natural gas,
				and(ii)(I)is a new project which
				is designed to meet the requirements of subparagraphs (B), (C), and (D), as
				applicable, or
										(II)consists of retrofits to existing
				equipment such that the project meets the requirements of subparagraphs (B),
				(C), and (D), as applicable.
										(B)Requirements
				for electricity production
									(i)In
				generalIn the case of a qualifying clean coal project which is
				used to produce electricity, the project shall meet the emission requirement of
				clause (ii) and the carbon capture requirement of clause (iii).
									(ii)Emission
				requirementThe requirement of this clause is met if the project
				is designed—
										(I)to emit carbon
				dioxide at an average annual rate of less than 1,100 pounds per net megawatt
				hour of electrical generation, or
										(II)such that the
				carbon dioxide emissions of such project are no greater than half of the
				average carbon dioxide emissions for facilities producing electricity during
				2005 from the same coal rank as such project, as determined under regulations
				prescribed by the Secretary in consultation with the Secretary of Energy and
				the Administrator of the Environmental Protection Agency.
										(iii)Carbon
				capture requirementThe requirement of this clause is met—
										(I)if such unit is
				among the first 1,000 megawatts of electric generation units certified by the
				Secretary under subsection (e), to capture and sequester not less than 500,000
				metric tons per year of carbon dioxide,
										(II)if such unit is among the next 3,000
				megawatts of electric generation units certified by the Secretary under
				subsection (e), to capture and sequester not less than 1,000,000 metric tons
				per year of carbon dioxide, and
										(III)for any other
				unit, to capture and sequester not less than 2,000,000 metric tons per year of
				carbon dioxide.
										(C)Requirements
				for transportation fuels
									(i)In
				generalIn the case of any qualifying clean coal project which is
				used to produce qualified transportation fuels, such project shall be designed
				such that the cycle-wide carbon dioxide emissions for such fuels are no greater
				than half of the average cycle-wide carbon dioxide emissions for comparable
				products during 2005, as determined under regulations prescribed by the
				Secretary in consultation with the Secretary of Energy and the Administrator of
				the Environmental Protection Agency.
									(ii)Cycle-wide
				carbon dioxide emissionsFor purposes of this subparagraph, the
				term cycle-wide carbon dioxide emissions means the total emissions
				of carbon dioxide in production and consumption of a product.
									(iii)Comparable
				productsFor purposes of this subparagraph, the term
				comparable product means any transportation fuel derived from
				crude oil or coal.
									(D)Requirements
				for synthetic natural gasIn the case of any qualifying clean
				coal project which is used to produce synthetic natural gas, such project shall
				be designed such that the cycle-wide carbon dioxide emissions for such gas is
				no greater than half of the average cycle-wide carbon dioxide emissions for
				such gas during 2005, as determined under regulations prescribed by the
				Secretary in consultation with the Secretary of Energy and the Administrator of
				the Environmental Protection Agency. For purposes of this subparagraph, the
				term cycle-wide carbon dioxide emissions means the total emissions
				of carbon dioxide in production and consumption of a product.
								(2)Eligible carbon
				dioxide capture, transport, and storage propertyThe term
				eligible carbon dioxide capture, transport, and storage property
				means any property—
								(A)which is used to
				capture, transport, or store carbon dioxide emitted at a qualifying clean coal
				project, including equipment used to separate and pressurize carbon dioxide for
				transport (including equipment to operate such equipment),
								(B)(i)the construction,
				reconstruction, or erection of which is completed by the taxpayer, or
									(ii)which is acquired by the taxpayer
				if the original use of such property commences with the taxpayer, and
									(C)with respect to
				which depreciation (or amortization in lieu of depreciation) is
				allowable.
								(3)Qualified
				transportation fuelThe term qualified transportation
				fuel means any liquid fuel derived from the co-processing of coal and
				renewable biomass (as defined in section 9001(12) of the Food, Conservation,
				and Energy Act of 2008).
							(4)CoalThe term coal means bituminous
				coal, subbituminous coal, and lignite.
							(d)Aggregate
				credits
							(1)In
				generalNo credit shall be allowed under this section with
				respect to any qualifying clean coal project unless such project is certified
				by the Secretary under subsection (e).
							(2)Limitation on
				projects certifiedThe Secretary may certify under subsection (e)
				no more than—
								(A)20 projects
				described in subsection (c)(1)(A)(ii)(I), and
								(B)20 projects
				described in subsection (c)(1)(A)(ii)(II).
								(e)Certification
							(1)Certification
				processThe Secretary, in
				consultation with the Secretary of Energy and the Administrator of the
				Environmental Protection Agency, shall establish a certification process to
				determine if a project meets all criteria and other requirements to be
				recognized as a qualifying clean coal project.
							(2)Feedstock
				requirementsAfter the date
				of publication by the Secretary of the final certification process referred to
				in paragraph (1), the Secretary shall allocate the limitation in subsection
				(d)(2) in equal amounts among—
								(A)projects using
				bituminous coal as a primary feedstock,
								(B)projects using
				subbituminous coal as a primary feedstock, and
								(C)projects using
				lignite as a primary feedstock.
								(3)RedistributionThe Secretary may reallocate credits if the
				Secretary determines that there is an insufficient quantity of qualifying
				applications for certification, pending at the time of review, to comply with
				the feedstock requirements of paragraph (2). The Secretary may conduct an
				additional program for applications for certification and reallocate available
				credits without regard to the feedstock requirement which was not satisfied as
				a result of insufficient applications for certification.
							(4)Requirements for
				applications for certificationAn application for certification
				shall contain such information as the Secretary may require in order to make a
				determination to accept or reject the application and establish applicable
				credit entitlement. Any information contained in the application shall be
				protected as provided in section 552(b)(4) of title 5, United States
				Code.
							(f)Denial of double
				benefitNo credit shall be allowed under this section for any
				property for which credit is allowed under sections 48A, 48B, or
				48C.
						.
			(b)Conforming
			 amendments
				(1)Section 46 of such Code (relating to amount
			 of credit) is amended by striking and at the end of paragraph
			 (5), by striking the period at the end of paragraph (6) and inserting ,
			 and, and by adding at the end the following new paragraph:

						(7)the qualifying carbon dioxide capture,
				transport, and storage equipment
				credit.
						.
				(2)Subparagraph (C) of section 49(a)(1) of
			 such Code is amended by striking and at the end of clause (v),
			 by striking the period at the end of clause (vi) and inserting ,
			 and, and by adding after clause (vi) the following new clause:

						(vii)the basis of any qualifying carbon dioxide
				capture, transport, and storage equipment under section
				48E.
						.
				(3)The table of sections for subpart E of part
			 IV of subchapter A of chapter 1 of such Code is amended by inserting after the
			 item relating to section 48D the following new item:

							Sec. 48E. Qualifying carbon dioxide capture, transport, and
				storage equipment
				credit.

						.
				(c)Effective
			 dateThe amendments made by
			 this section shall apply to periods after the date of the enactment of this Act
			 under rules similar to the rules of section 48(m) of the Internal Revenue Code
			 of 1986 (as in effect on the day before the date of the enactment of the
			 Revenue Reconciliation Act of 1990).
			4.Modifications to
			 credit for carbon dioxide sequestration
			(a)Credit allowed
			 for uses other than tertiary injectants
				(1)In
			 generalParagraph (2) of section 45Q(a) of the Internal Revenue
			 Code of 1986 is amended to read as follows:

						(2)$10 per metric
				ton of qualified carbon dioxide which is—
							(A)captured by the
				taxpayer at a qualified facility, and
							(B)either—
								(i)used as a
				tertiary injectant in a qualified enhanced oil or natural gas recovery project
				and disposed of in secure geological storage, or
								(ii)converted to a
				stable form in which such carbon dioxide is securely and permanently
				sequestered and used for a beneficial economic
				purpose.
								.
				(2)Credit allowed
			 for other secure storageSubparagraph (B) of section 45Q(a)(1) of
			 such Code is amended by inserting or converted to a stable form in which
			 it is securely and permanently sequestered after secure
			 geological storage.
				(3)Securely and
			 permanently sequesteredParagraph (2) of section 45Q(c) is
			 amended—
					(A)by striking all
			 that precedes in consultation with the Administrator and
			 inserting the following:

							(2)Secure
				geological storage and permanent sequestration
								(A)Secure
				geological storageThe
				Secretary
								,

					(B)by striking
			 (2)(C) and inserting (2)(B)(i), and
					(C)by adding at the
			 end the following new subparagraph:

							(B)Secure
				permanent sequestrationThe Secretary, in consultation with the
				Administrator of the Environmental Protection Agency, shall establish
				regulations for determining adequate security measures for the permanent
				sequestration of carbon dioxide for uses described in paragraph (1)(B) or
				(2)(B)(ii) of subsection (a) such that the carbon dioxide does not escape into
				the
				atmosphere.
							.
					(4)Conforming
			 amendmentSubparagraph (B) of section 45Q(1) of such Code is
			 amended by inserting or through secure and permanent
			 sequestration after secure geological storage.
				(b)Modification to
			 definition of qualified carbon dioxideSubparagraph (A) of
			 section 45Q(b)(1) of the Internal Revenue Code of 1986 is amended by striking
			 otherwise and inserting , but for the capture and
			 sequestration or conversion to a stable form,.
			(c)Person entitled
			 to credit
				(1)In
			 generalParagraph (5) of section 45Q(d) of the Internal Revenue
			 Code of 1986 is amended to read as follows:

						(5)Credit
				attributable to taxpayer
							(A)In
				generalExcept as provided in subparagraph (B), any credit under
				this section shall be attributable to the person that captures and physically
				or contractually ensures the disposal of or the use as a tertiary injectant of
				the qualified carbon dioxide.
							(B)Transfer of
				creditA taxpayer may transfer the credit under subsection (a) to
				the person responsible for disposing, converting, or using the qualified carbon
				dioxide. Such transfer shall only be effective if the taxpayer submits to the
				Secretary, at such time and in such manner as the Secretary prescribes, a
				statement concerning the transfer which contains—
								(i)the name,
				address, and taxpayer identification number of the taxpayer transferring the
				credit,
								(ii)the name,
				address, and taxpayer identification number of the taxpayer receiving the
				transfer, and
								(iii)such other
				information relating to such transfer as the Secretary may
				require.
								.
				(2)RulesNot
			 later than 180 days after the date of the enactment of this Act, the Secretary
			 of the Treasury shall prescribe rules relating to the transfer of credits under
			 section 45Q of the Internal Revenue Code of 1986 pursuant to subparagraph (B)
			 section 45Q(d)(5) of such Code, as added by paragraph (1).
				(d)Extension of
			 credit
				(1)Credit allowed
			 for 10-year credit periodParagraphs (1)(A) and (2)(A) of section
			 45Q(a) of the Internal Revenue Code of 1986 are each amended by inserting
			 during the 10-year period beginning on the date the carbon capture
			 equipment described in subsection (c)(2) is placed in service before
			 the comma at the end.
				(2)TerminationParagraph
			 (2) of section 45Q(c) of such Code is amended by inserting by the
			 taxpayer before January 1, 2018 before the comma at the end.
				(3)Conforming
			 amendmentSection 45Q of such Code is amended by striking
			 subsection (e).
				(e)Effective
			 dateThe amendments made by this section shall apply to carbon
			 dioxide captured after the date of the enactment of this Act.
			5.Clean energy coal
			 bonds
			(a)In
			 general
				(1)Treatment as
			 tax credit bondsSubpart I of
			 part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986
			 (relating to qualified tax credit bonds) is amended by adding at the end the
			 following new section:

						54G.Clean energy
				coal bonds
							(a)Clean energy
				coal bondFor purposes of this subchapter—
								(1)In
				generalThe term clean energy coal bond means any
				bond issued as part of an issue if—
									(A)the bond is
				issued by a qualified issuer pursuant to an allocation by the Secretary to such
				issuer of a portion of the national clean energy coal bond limitation under
				subsection (b)(2),
									(B)100 percent of
				the available project proceeds from the sale of such issue are to be used for
				capital expenditures incurred by qualified borrowers for 1 or more qualified
				projects,
									(C)the qualified
				issuer designates such bond for purposes of this section and the bond is in
				registered form, and
									(D)in lieu of the
				requirements of section 54A(d)(2), the issue meets the requirements of
				subsection (c).
									(2)Qualified
				project; special use rules
									(A)In
				generalThe term qualified project means a qualified
				clean coal project (as defined in subsection (f)(1)) placed in service by a
				qualified borrower.
									(B)Refinancing
				rulesFor purposes of paragraph (1)(B), a qualified project may
				be refinanced with proceeds of a clean energy coal bond only if the
				indebtedness being refinanced (including any obligation directly or indirectly
				refinanced by such indebtedness) was originally incurred by a qualified
				borrower after the date of the enactment of this section.
									(C)ReimbursementFor
				purposes of paragraph (1)(B), a clean energy coal bond may be issued to
				reimburse a qualified borrower for amounts paid after the date of the enactment
				of this section with respect to a qualified project, but only if—
										(i)prior to the
				payment of the original expenditure, the qualified borrower declared its intent
				to reimburse such expenditure with the proceeds of a clean energy coal
				bond,
										(ii)not later than
				60 days after payment of the original expenditure, the qualified issuer adopts
				an official intent to reimburse the original expenditure with such proceeds,
				and
										(iii)reimbursement
				is not made later than 18 months after the date the original expenditure is
				paid or the date the project is placed in service or abandoned, but in no event
				more than 3 years after the original expenditure is paid.
										(D)Treatment of
				changes in useFor purposes of paragraph (1)(B), the proceeds of
				an issue shall not be treated as used for a qualified project to the extent
				that a qualified borrower takes any action within its control which causes such
				proceeds not to be used for a qualified project. The Secretary shall prescribe
				regulations specifying remedial actions that may be taken (including conditions
				to taking such remedial actions) to prevent an action described in the
				preceding sentence from causing a bond to fail to be a clean energy coal
				bond.
									(b)Limitation on
				amount of bonds designated
								(1)National
				limitationThere is a national clean energy coal bond limitation
				of $5,000,000,000.
								(2)Allocation by
				SecretaryThe Secretary shall allocate the amount described in
				paragraph (1) among qualified projects in such manner as the Secretary
				determines appropriate.
								(c)Special rules
				relating to expenditures
								(1)In
				generalAn issue shall be treated as meeting the requirements of
				this subsection if, as of the date of issuance, the qualified issuer reasonably
				expects—
									(A)100 percent or
				more of the available project proceeds from the sale of the issue are to be
				spent for 1 or more qualified projects within the 5-year period beginning on
				the date of issuance of the clean energy bond,
									(B)a binding
				commitment with a third party to spend at least 10 percent of such available
				project proceeds from the sale of the issue will be incurred within the 6-month
				period beginning on the date of issuance of the clean energy bond or, in the
				case of a clean energy bond the available project proceeds of which are to be
				loaned to 2 or more qualified borrowers, such binding commitment will be
				incurred within the 6-month period beginning on the date of the loan of such
				proceeds to a qualified borrower, and
									(C)such projects
				will be completed with due diligence and the available project proceeds from
				the sale of the issue will be spent with due diligence.
									(2)Extension of
				periodUpon submission of a request prior to the expiration of
				the period described in paragraph (1)(A), the Secretary may extend such period
				if the qualified issuer establishes that the failure to satisfy the 5-year
				requirement is due to reasonable cause and the related projects will continue
				to proceed with due diligence.
								(3)Failure to
				spend required amount of bond proceeds within 5 yearsTo the
				extent that less than 100 percent of the available project proceeds of such
				issue are expended by the close of the 5-year period beginning on the date of
				issuance (or if an extension has been obtained under paragraph (2), by the
				close of the extended period), the qualified issuer shall redeem all of the
				nonqualified bonds within 90 days after the end of such period. For purposes of
				this paragraph, the amount of the nonqualified bonds required to be redeemed
				shall be determined in the same manner as under section 142.
								(d)Reduced credit
				amountThe annual credit determined under section 54A(b) with
				respect to any clean coal energy bond shall be 70 percent of the amount so
				determined without regard to this subsection.
							(e)Cooperative
				electric company; qualified energy tax credit bond lender; governmental body;
				qualified borrowerFor purposes of this section—
								(1)Cooperative
				electric companyThe term cooperative electric
				company means a mutual or cooperative electric company described in
				section 501(c)(12) or section 1381(a)(2)(C), or a not-for-profit electric
				utility which has received a loan or loan guarantee under the Rural
				Electrification Act.
								(2)Clean energy
				bond lenderThe term clean energy bond lender means
				a lender which is a cooperative which is owned by, or has outstanding loans to,
				100 or more cooperative electric companies and is in existence on February 1,
				2002, and shall include any affiliated entity which is controlled by such
				lender.
								(3)Public power
				entityThe term public power entity means a State
				utility with a service obligation, as such terms are defined in section 217 of
				the Federal Power Act (as in effect on the date of enactment of this
				paragraph).
								(4)Qualified
				issuerThe term qualified issuer means—
									(A)a clean energy
				bond lender,
									(B)a cooperative
				electric company, or
									(C)a public power
				entity.
									(5)Qualified
				borrowerThe term qualified borrower means—
									(A)a mutual or
				cooperative electric company described in section 501(c)(12) or 1381(a)(2)(C),
				or
									(B)a public power
				entity.
									(f)Special rules
				relating to pool bondsNo portion of a pooled financing bond may
				be allocable to any loan unless the borrower has entered into a written loan
				commitment for such portion prior to the issue date of such issue.
							(g)Other
				definitions and special rulesFor purposes of this
				section—
								(1)Qualified clean
				coal projectFor purposes of this section, the term
				qualified clean coal project means—
									(A)an atmospheric
				pollution control facility (within the meaning of section 169(d)(6)),
									(B)a qualifying
				clean coal project (within the meaning of section 48E(c)(1)), or
									(C)a qualified
				facility (within the meaning of section 45Q(c)).
									(2)Pooled
				financing bondThe term pooled financing bond shall
				have the meaning given such term by section
				149(f)(4)(A).
								.
				(2)Bonds not
			 subject to maturity limitationParagraph (5) of section 54A(d) of
			 such Code is amended by adding at the end the following new
			 subparagraph:

						(C)Special rule
				for clean energy coal bondsThe requirements of this paragraph
				shall not apply to a clean energy coal bond under section
				54G.
						.
				(3)Conforming
			 amendments
					(A)Paragraph (1) of
			 section 54A(d) of the Internal Revenue Code of 1986 is amended by striking
			 or at the end of subparagraph (D), by inserting
			 or at the end of subparagraph (E), and by inserting after
			 subparagraph (E) the following new subparagraph:

							(F)a clean energy
				coal
				bond,
							.
					(B)The table of
			 sections for subpart I of part IV of subchapter A of chapter 1 of the Internal
			 Revenue Code of 1986 is amended by adding at the end the following new
			 item:

								Sec. 54G. Clean energy coal
				bonds.

							.
					(b)Bonds treated
			 as specified tax credit bonds
				(1)In
			 generalSection 6431(f)(3)(A) of the Internal Revenue Code of
			 1986 is amended by striking or at the end of clause (iii), by
			 striking and at the end of clause (iv) and inserting
			 or, and by adding at the end the following new clause:

						(v)a
				clean energy coal bond (as defined in section 54G),
				and
						.
				(2)Special
			 ruleParagraph (2) of section 6431(f) of such Code is
			 amended—
					(A)by striking
			 clause (i) or (ii) and inserting clause (i), (ii), or
			 (v), and
					(B)by striking the
			 heading and inserting Special rule for certain bonds.
					(c)Effective
			 dateThe amendments made by this section shall apply to bonds
			 issued after the date of the enactment of this Act.


115 S879 IS: National Forest Ecosystem Improvement Act of 2017
U.S. Senate
2017-04-06
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.

II115th CONGRESS1st SessionS. 879IN THE SENATE OF THE UNITED STATESApril 6 (legislative day, April 4), 2017Mr. Barrasso (for himself, Mr. Flake, Mr. McCain, and Mr. Enzi) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural ResourcesA BILLTo expedite and prioritize forest management activities to achieve ecosystem restoration
			 objectives, and for other purposes.

		1.Short title; table of contents
 (a)Short titleThis Act may be cited as the National Forest Ecosystem Improvement Act of 2017.
 (b)Table of contentsThe table of contents of this Act is as follows:Sec. 1. Short title; table of contents.Sec. 2. Definitions.TITLE I—Forest management activitiesSec. 101. Purposes.Sec. 102. Definitions.Sec. 103. Ecosystem restoration projects.Sec. 104. National restoration treatment acreage.Sec. 105. Environmental review for ecosystem restoration projects.Sec. 106. Alternative dispute resolution.Sec. 107. Bonding requirements for judicial review.Sec. 108. Performance measures; annual reports.TITLE II—Categorical exclusions Sec. 201. Definitions.Sec. 202. Categorical exclusion to expedite certain critical response actions.Sec. 203. Categorical exclusion to expedite salvage operations in response to catastrophic events.Sec. 204. Categorical exclusion to meet forest plan goals for early successional forests.Sec. 205. Alternative agency consultation procedures. 2.DefinitionsIn this Act:
 (1)Community wildfire protection planThe term community wildfire protection plan has the meaning given the term in section 101 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6511).
			(2)National Forest System
 (A)In generalThe term National Forest System has the meaning given the term in section 11(a) of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1609(a)).
 (B)ExclusionThe term National Forest System does not include— (i)any forest reserve not created from the public domain; or
 (ii)any national grassland or land utilization project administered under title III of the Bankhead-Jones Farm Tenant Act (7 U.S.C. 1010 et seq.).
					IForest management activities
 101.PurposesThe purposes of this title are— (1)to establish a reliable and predicable timber supply from the National Forest System that can be harvested, processed, and sold as wood products to help fund ecosystem restoration; and
 (2)to expedite and prioritize forest management activities to achieve ecosystem restoration objectives.
 102.DefinitionsIn this title: (1)Restoration (A)In generalThe term restoration, with respect to an ecosystem, means to carry out any activity that helps to recover, establish, or maintain the resilience or adaptive capacity of an ecosystem.
 (B)InclusionsThe term restoration includes any activity described in subparagraph (A) relating to—
 (i)timber harvesting; (ii)thinning;
 (iii)prescribed fire; or (iv)other vegetation manipulation in the National Forest System.
 (2)SecretaryThe term Secretary means the Secretary of Agriculture, acting through the Chief of the Forest Service. 103.Ecosystem restoration projects (a)In generalSubject to subsection (b), the Secretary shall identify, prioritize, and carry out ecosystem restoration projects on National Forest System land in accordance with applicable land and resource management plans prepared by the Secretary for units of the National Forest System under section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1604), if any, to accomplish 1 or more of the following objectives:
 (1)To restore terrestrial habitat. (2)To sustain water quality, water flows, or watershed health and function.
 (3)To create, improve, or increase early seral habitat. (4)To carry out a needed timber stand improvement.
 (5)To reduce the risk or extent of insect or disease infestation. (6)To reduce wildland fire severity potential.
 (7)To implement a community wildfire protection plan. (8)To establish, recover, or maintain ecosystem resiliency.
 (b)ExclusionsThe Secretary may not carry out an ecosystem restoration project under this section on any area of National Forest System land—
 (1)that is a component of the National Wilderness Preservation System; or (2)on which removal of vegetation is prohibited by law.
					104.National restoration treatment acreage
 (a)In generalFor fiscal year 2018 and each fiscal year thereafter, the Secretary shall accomplish restoration treatments, at a minimum, on the following acreage throughout the National Forest System:
 (1)1,000,000 acres of restoration treatment using mechanical treatment methods, of which the treatment of—
 (A)not less than 400,000 acres shall be conducted using commercial thinning; and
 (B)not less than 60,000 acres shall be conducted using even-aged management techniques. (2)1,000,000 acres of restoration treatment using prescribed fire.
 (b)AssignmentNot later than 90 days after the date of enactment of this Act, and annually thereafter, the Secretary shall assign the annual acreage for restoration treatments, by National Forest System region, described in subsection (a).
 (c)PublicationAs soon as practicable after the date of each assignment of acreage for restoration treatments under subsection (b), the Secretary shall publish the acreage that will apply, by National Forest System region, on the Internet website of the Forest Service.
				105.Environmental review for ecosystem restoration projects
 (a)Applicability of National Environmental Policy Act of 1969The Secretary shall prepare an environmental assessment in accordance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) for each ecosystem restoration project that accomplishes 1 or more of the objectives identified in section 103(a).
 (b)Public notice and commentIn preparing an environmental assessment for an ecosystem restoration project under subsection (a), the Secretary shall provide public notice of, and an opportunity to comment regarding, the applicable project.
 (c)Consideration of alternativesThe Secretary shall study, develop, and describe in each environmental assessment under subsection (a)—
 (1)the ecosystem restoration project as the proposed action; and (2)a no-action alternative, the analysis of which shall include a description of the resulting environmental effects of taking no action on—
 (A)forest health; (B)habitat diversity;
 (C)wildfire potential; (D)insect and disease potential;
 (E)municipal water supplies; and (F)other economic and social factors.
 (d)LimitationsThe Secretary shall limit each environmental assessment under this section to a length of not more than 100 pages.
				(e)Deadline for completion
 (1)In generalNot later than 180 days after the date on which the Secretary publishes a notice regarding an ecosystem restoration project in accordance with subsection (b), the Secretary shall complete the environmental assessment for the ecosystem restoration project.
 (2)No supplemental analysis requiredNo supplemental analysis of an ecosystem restoration project that is the subject of an environmental assessment under paragraph (1) shall be required after the date on which that environmental assessment is complete.
					106.Alternative dispute resolution
				(a)Arbitration
 (1)In generalThe Secretary shall establish within the Forest Service an arbitration program as an alternative dispute resolution process in lieu of judicial review for the projects described in subsection (b).
 (2)Notification to objectorsOn issuance of an appeal response to an objection filed with respect to an ecosystem restoration project subject to an objection at the project level under part 218 of title 36, Code of Federal Regulations (as in effect on the date of enactment of this Act), the Secretary shall notify each applicable individual or entity that submitted the objection (referred to in this section as the objector) that any further appeal may be subject to arbitration in accordance with this section.
 (b)Description of projectsThe Secretary, at the sole discretion of the Secretary, may designate the following types of ecosystem restoration projects for arbitration:
 (1)Projects developed through a collaborative process (within the meaning of section 603(b)(1)(C) of the Healthy Forest Restoration Act of 2003 (16 U.S.C. 6591b(b)(1)(C))).
 (2)Projects identified in a community wildfire protection plan. (3)For each applicable calendar year, not more than 2 other types of ecosystem restoration projects for each region of the Forest Service.
					(c)Arbitrators
 (1)AppointmentThe Secretary shall develop and publish a list of not fewer than 20 individuals eligible to serve as arbitrators for the program under this section.
 (2)QualificationsIn order to be eligible to serve as an arbitrator under this subsection, an individual shall be currently certified by the American Arbitration Association.
					(d)Initiation of arbitration
 (1)In generalNot later than 7 days after the date of receipt of a notice of intent to file suit challenging an ecosystem restoration project, the Secretary shall notify each applicable objector and the court of jurisdiction that the project has been designated for arbitration in accordance with this section.
					(2)Demand for arbitration
 (A)In generalAn objector that sought judicial review of an ecosystem restoration project that has been designated by the Secretary for arbitration under this section may file a demand for arbitration in accordance with—
 (i)sections 571 through 584 of title 5, United States Code; and (ii)this paragraph.
 (B)RequirementsA demand for arbitration under subparagraph (A) shall— (i)be filed not later than the date that is 30 days after the date of the notification by the Secretary under paragraph (1); and
 (ii)include an alternative proposal to the applicable ecosystem restoration project that describes each modification sought by the objector with respect to the ecosystem restoration project.
 (e)Selection of arbitratorFor each arbitration commenced under this section, the Secretary and each applicable objector shall agree on a mutually acceptable arbitrator from the list published under subsection (c)(1).
				(f)Responsibilities of arbitrator
 (1)In generalAn arbitrator selected under subsection (e)— (A)shall address each demand filed for arbitration with respect to an ecosystem restoration project under this section; but
 (B)may consolidate into a single arbitration all demands for arbitration by all objectors with respect to an ecosystem restoration project.
 (2)Selection of proposalsAn arbitrator shall make a decision regarding each applicable demand for arbitration under this section by selecting—
 (A)the ecosystem restoration project, as approved by the Secretary; or (B)an alternative proposal submitted by the applicable objector.
						(3)Limitations
 (A)Administrative recordA decision of an arbitrator under this subsection shall be based solely on the administrative record for the ecosystem restoration project.
 (B)No modifications to proposalsAn arbitrator may not modify any proposal contained in a demand for arbitration of an objector under this section.
 (g)Deadline for completion of arbitrationNot later than 90 days after the date on which a demand for arbitration is filed under subsection (d)(2), the arbitration process shall be completed.
 (h)Effect of arbitration decisionA decision of an arbitrator under this section— (1)shall not be considered to be a major Federal action;
 (2)shall be binding; and (3)shall not be subject to judicial review, except as provided in section 10(a) of title 9, United States Code.
					107.Bonding requirements for judicial review
				(a)Bond requirement
 (1)In generalThe judicial review of an action challenging an ecosystem restoration project under this title (referred to in this section as an action) shall be subject to the bonding requirements of this section.
					(2)Bond or security
 (A)In generalAs soon as practicable after the date on which a complaint or appeal is filed to initiate an action, each plaintiff shall post a bond or other security acceptable to the court in an amount equal to the anticipated costs, expenses, and attorney fees of the Secretary as a defendant in the action, in accordance with a reasonable estimate of the Secretary.
 (B)RequirementAll proceedings in an action shall be stayed until the bond or security required under subparagraph (A) is posted.
						(b)Recovery of litigation costs, expenses, and attorney fees
 (1)Motion for paymentIf the Secretary prevails in an action, the Secretary shall submit to the court a motion for payment from the bond or other security posted under subsection (a), of the reasonable costs, expenses, and attorney fees incurred by the Secretary as a defendant in the action.
 (2)Maximum recoveryThe total amount of costs, expenses, and attorney fees recovered by the Secretary under paragraph (1) may not exceed the amount of the bond or other security posted in the action.
 (3)Return remainderAny funds remaining from the bond or other security posed under subsection (a) after the payment of costs, expenses, and attorney fees under paragraph (1) shall be returned to the plaintiff that posted the bond or security in the action.
 (c)Return of bond to prevailing plaintiffIf the applicable court rules, in a final enforcement judgment, in favor of a plaintiff on all causes of each action of the plaintiff, the court shall return to the plaintiff any bond or security posted by the plaintiff under subsection (a), plus any interest accruing during the period beginning on the date on which the bond or security was posted.
				(d)Effect of settlement
 (1)In generalIf an action in which a bond or security was posted is resolved by settlement between the Secretary and the plaintiff, the settlement agreement may provide for sharing of the costs, expenses, and attorney fees incurred by the parties to the action.
 (2)DeferralA settlement agreement under paragraph (1) may defer the resolution of costs, expenses, and attorney fees to—
 (A)further negotiation; or (B)decision by the court.
						108.Performance measures; annual reports
 (a)Performance measuresThe Secretary shall annually evaluate the degree to which the Secretary is achieving— (1)the purposes of this title, including—
 (A)the number of acres covered by ecosystem restoration projects; (B)the number of acres treated by mechanical methods under ecosystem restoration projects;
 (C)the number of acres treated using stewardship contracts and stewardship agreements under ecosystem restoration projects;
 (D)the number of acres treated using timber sales under ecosystem restoration projects; (E)the number of acres treated by prescribed fire, mowing, and other noncommercial product producing activities under ecosystem restoration projects; and
 (F)to the extent practicable, a summary of acres receiving more than 1 type of treatment; and (2)the acreage requirements established under section 104(a).
 (b)Annual reportsNot later than 1 year after the date of enactment of this Act, and annually thereafter, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives—
 (1)a report that describes, with respect to the preceding year, the results of evaluations using the performance measures described in subsection (a); and
 (2)a report that describes, with respect to the preceding year— (A)the number and substance of ecosystem restoration projects that are subject to arbitration under section 106; and
 (B)the outcomes of the arbitrations under that section. IICategorical exclusions  201.DefinitionsIn this title:
 (1)Catastrophic eventThe term catastrophic event means any natural disaster (such as hurricane, tornado, windstorm, snow or ice storm, rain storm, high water, wind-driven water, tidal wave, earthquake, volcanic eruption, landslide, mudslide, drought, or insect or disease outbreak), or any fire, flood, or explosion, regardless of cause.
 (2)Categorical exclusionThe term categorical exclusion means an exception to the requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) for a project or activity relating to the management of National Forest System land.
 (3)Collaborative processThe term collaborative process means a process relating to the management of National Forest System land by which a project or activity is developed and implemented by the Secretary through collaboration with interested persons, as described in section 603(b)(1)(C) of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6591b(b)(1)(C)).
 (4)Forest management activityThe term forest management activity means a project or activity carried out by the Secretary on National Forest System land, consistent with the forest plan covering that land.
 (5)Forest planThe term forest plan means a land and resource management plan prepared by the Forest Service for a unit of the National Forest System pursuant to section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1604).
 (6)Salvage operationThe term salvage operation means a forest management activity carried out in response to a catastrophic event, the primary purpose of which is—
 (A)to prevent wildfire as a result of the catastrophic event, or, if the catastrophic event was wildfire, to prevent a reburn of the fire-impacted area;
 (B)to provide an opportunity for use of forest materials damaged as a result of the catastrophic event; or
 (C)to provide a funding source for reforestation and other restoration activities for the National Forest System land impacted by the catastrophic event.
 (7)SecretaryThe term Secretary means the Secretary of Agriculture (acting through the Chief of the Forest Service).
				202.Categorical exclusion to expedite certain critical response actions
 (a)Availability of categorical exclusionA categorical exclusion is available to the Secretary to develop and carry out a forest management activity on National Forest System land in any case in which the primary purpose of the forest management activity is—
 (1)to address an insect or disease infestation; (2)to treat land at risk of insect or disease infestation;
 (3)to reduce hazardous fuel loads; (4)to protect a municipal water source;
 (5)to maintain, enhance, or modify critical habitat to protect the habitat from catastrophic disturbances;
 (6)to increase water yield; or (7)any combination of the purposes specified in paragraphs (1) through (6).
					(b)Acreage limitations
 (1)In generalExcept in the case of a forest management activity described in paragraph (2), a forest management activity covered by the categorical exclusion granted by subsection (a) may not contain harvest units exceeding a total of 5,000 acres.
 (2)Larger areas authorizedA forest management activity covered by the categorical exclusion granted by subsection (a) may not contain harvest units exceeding a total of 15,000 acres if the forest management activity is—
 (A)developed through a collaborative process; (B)proposed by a resource advisory committee (as defined in section 201 of the Secure Rural Schools and Community Self-Determination Act of 2000 (16 U.S.C. 7121)); or
 (C)covered by a community wildfire protection plan. 203.Categorical exclusion to expedite salvage operations in response to catastrophic events (a)Availability of categorical exclusionA categorical exclusion is available to the Secretary to develop and carry out a salvage operation as part of the restoration of National Forest System land following a catastrophic event.
 (b)Acreage limitationsA salvage operation covered by the categorical exclusion granted by subsection (a) may not contain harvest units exceeding a total of 5,000 acres.
				(c)Additional requirements
 (1)Road constructionA salvage operation covered by the categorical exclusion granted by subsection (a) may not include any permanent road construction.
 (2)Stream buffersA salvage operation covered by the categorical exclusion granted by subsection (a) shall comply with the standards and guidelines for stream buffers contained in the applicable forest plan, unless the standards and guidelines are modified for a specific salvage operation as part of a categorical exclusion by the Regional Forester.
 (3)Reforestation planA reforestation plan shall be developed under section 3 of the Act of June 9, 1930 (commonly known as the Knutson-Vandenberg Act) (16 U.S.C. 576b), as part of a salvage operation covered by the categorical exclusion granted by subsection (a).
					204.Categorical exclusion to meet forest plan goals for early successional forests
 (a)Availability of categorical exclusionA categorical exclusion is available to the Secretary to develop and carry out a forest management activity on National Forest System land in any case in which the primary purpose of the forest management activity is to modify, improve, enhance, or create early successional forests for wildlife habitat improvement and other purposes, in accordance with the applicable forest plan.
 (b)Acreage limitationsA forest management activity covered by the categorical exclusion granted by subsection (a) may not contain harvest units exceeding a total of 5,000 acres.
				205.Alternative agency consultation procedures
				(a)Forest management activities
 (1)In generalSubject to paragraph (2), for each forest management activity covered by a categorical exclusion granted by this title, the Secretary shall satisfy the applicable interagency consultation obligations under section 7 of the Endangered Species Act of 1973 (16 U.S.C. 1536) by achieving compliance with the alternative consultation procedures established in subpart D of part 402 of title 50, Code of Federal Regulations (or successor regulations).
 (2)ReferencesFor purposes of this subsection, all references contained in subpart D of part 402 of title 50, Code of Federal Regulations (or successor regulations)—
 (A)to the term U.S. Environmental Protection Agency or EPA shall be considered to be a reference to the Secretary; and (B)to the term FIFRA action shall be considered to be a reference to a forest management activity covered by a categorical exclusion granted by this title.
 (b)Interim timelinesUntil the date on which an alternative consultation agreement under subpart D of part 402 of title 50, Code of Federal Regulations (or successor regulations), is entered into with respect to a forest management activity under subsection (a)—
 (1)any formal or informal interagency consultation regarding the forest management activity shall be completed by not later than the date that is 30 days after the date on which the Secretary submits a written request for consultation; and
 (2)a biological opinion or letter of concurrence, as appropriate, shall be issued by not later than the date that is 10 days after the date of completion of that consultation.


I
108th CONGRESS 2d Session
H. R. 5373
IN THE HOUSE OF REPRESENTATIVES

November 17, 2004
Mr. Beauprez (for himself and Mr. Tancredo) introduced the following bill; which was referred to the Committee on Resources

A BILL
To authorize the Secretary of the Interior to enter into contracts for the use of excess storage and conveyance capacity of the Fryingpan-Arkansas Project, Colorado, and for other purposes.

1.Feasibility study
(a)AuthorizedPursuant to Federal reclamation law (the Act of June 7, 1902, and all Acts amendatory thereof or supplementary thereto), the Secretary of the Interior is authorized to conduct a feasibility study to determine the most feasible method of meeting the present and future water supply and related storage requirements within the area served by the Fryingpan-Arkansas Project, including the potential enlargement of Fryingpan-Arkansas facilities. In conducting such study, the Secretary shall take into consideration the Preferred Storage Options Plan Report published September 21, 2000, by the Southeastern Colorado Water and Storage Needs Assessment Enterprise and Final PSOP Implementation Committee Report dated April 19, 2001 (hereinafter referred to as the PSOP Reports), the intergovernmental agreement dated May 27, 2004 among the City of Pueblo, the City of Aurora, the Southeastern Colorado Water Conservancy District, the City of Fountain, the City of Colorado Springs, the Board of Water Works of Pueblo, Colorado (hereinafter referred to as the Regional IGA), and the need to ensure compliance with the Arkansas River Compact as executed by the states of Colorado and Kansas on December 14, 1948 (hereinafter referred to as the Arkansas River Compact).
(b)FundingBefore funds are expended for the study authorized by this section, the Southeastern Colorado Water Activity Enterprise shall first agree to participate in the feasibility study and to fund, at a minimum, 50 percent of the costs of such study. The Southeastern Colorado Water Activity Enterprise’s share of the costs may be provided partly or wholly in the form of services directly related to the conduct of the study, as determined by the Secretary. Costs incurred prior to the enactment of this Act to develop the PSOP Reports may be credited toward such Enterprise’s share of the costs of the feasibility study, as determined by the Secretary.
(c)Study to be submittedThe Secretary shall submit the feasibility study authorized by this section to the President and the President Pro Tempore of the Senate and the Speaker of the House of Representatives.
(d)Further authorization required for certain expendituresNo funds shall be expended for the construction of enlargements, or any other alternative identified in the feasibility study authorized by this section for which authority does not currently exist, without further authorization by Congress.
(e)Authorization of appropriationsThere is authorized to be appropriated $4,000,000 to conduct the feasibility study authorized by this section.
2.Secretary authorized to enter into contracts for the use of excess storage and conveyance capacity of the fryingpan-arkansas project, coloradoThe Act of August 16, 1962, as amended, (76 Stat. 389 et seq., as amended), is amended further by adding at the end the following new sections:

8.
(a)
(1)Except as provided in Section 9, and subject to the provisions of this Act and all other applicable Federal statutes, the Secretary is authorized to enter into contracts with any entity, private or public, (hereinafter referred to as entity), for the use of excess capacity in the Fryingpan-Arkansas Project for the purpose of diverting, storing, impounding, pumping, exchanging, or conveying nonproject water for irrigation, domestic, municipal and industrial, or any other beneficial purpose.
(2)In entering into such contracts, the Secretary shall take into consideration the PSOP Reports, the Regional IGA and the need to ensure compliance with the Arkansas River Compact.
(b)The Secretary is authorized to enter into contracts pursuant to this section provided that—
(1)to the extent such contracts are with an entity that does not have an allocation of Project carry over storage space pursuant to the allocation principles adopted by the Southeastern Colorado Water Conservancy District on November 29, 1979, and confirmed by the District Court of Pueblo County in Civil Action No. 40487 by decree dated December 18, 1979, including any subsequent modifications made by the District that are confirmed by the District Court; the contracts shall not impair or otherwise interfere with the ability of an entity that does have an allocation of Project carry over storage space to enter into contracts for the use of excess water storage and conveyance capacity pursuant to this section 8; and
(2)except as provided in section 9, before entering into such a contract with an entity that will use water stored or conveyed under such contract outside of the natural basin of the Arkansas River within Colorado, the Secretary shall provide the Southeastern Colorado Water Conservancy District a first right of refusal, exercisable within 90 days, to enter into contracts for the use of excess water storage and conveyance capacity made available to the individual or entity that will use water stored or conveyed under such contract outside of the natural basin of the Arkansas River within Colorado; Provided, in no event shall the Southeastern Colorado Water Conservancy District enter into a sub-contract with an entity that will use water stored or conveyed under such contract outside of the natural basin of the Arkansas River.
(c)Subject to the provisions of subsection (b), the Secretary may enter into contracts authorized by this section upon such terms and conditions as the Secretary may determine to be just and equitable. The term of any such contract shall be for such period, not to exceed 40 years, as the Secretary deems appropriate. Upon expiration, such contracts may be renewed upon such terms and conditions as may be mutually agreeable to the Secretary and the contractor for the use of excess capacity.
(d)All charges established pursuant to this section shall be just and equitable as to the rates paid by the those entities that receive project water from the Fryingpan-Arkansas Project facilities.
(e)Prior to the execution of any contracts under this section, the Secretary shall execute an agreement with the Southeastern Colorado Water Activity Enterprise to provide guidelines for the terms to be contained in the contracts executed pursuant to this section. Such guidelines shall appropriately address impacts associated with water operations under the contracts, surcharges established by the Enterprise, reimbursement of costs incurred, and water quality monitoring, as identified by the Southeastern Colorado Water Activity Enterprise and the Secretary.
9.
(a)The Secretary of the Interior may enter into new and renewal contracts with the City of Aurora, Colorado, or an enterprise of the City, for a term not to exceed the term referenced in Section 8(c), for the use of excess capacity in the Fryingpan-Arkansas Project for the purpose of diverting, storing, impounding, pumping, exchanging, or conveying nonproject water for irrigation, domestic, municipal and industrial, or any other beneficial purpose. Such contracts shall be—
(1)limited to waters appropriated from the Arkansas River held by the City of Aurora, Colorado, or an enterprise of the City that—
(A)are decreed water rights and owned by the City of Aurora, Colorado, or an enterprise of the City as of December 7, 2001;
(B)are water rights described in a Colorado Water Court water rights application pending as of December 7, 2001, or an amendment or re-filing thereof, as long as such amendment or re-filing does not increase the draft of water from the Arkansas Basin that would have been available to City of Aurora, Colorado, or an enterprise of the City under the original application;
(C)result from water lease agreements existing as of December 7, 2001, including any renewal or replacement contract for no more than the existing amount of water;
(D)result from interruptible supply agreements or water bank transactions authorized under Colorado law, and operating no more than five calendar years during any period of ten consecutive calendar years; or
(E)is traded to, or exchanged with, the City of Aurora, Colorado, or an enterprise of the City for one of the foregoing items (A) through (C) as long as such trade or exchange does not increase the draft of water from the Arkansas River Basin that would have been available to the City of Aurora, Colorado, or an enterprise of the City under subparagraphs (A) through (C);
(2)are for water obtained by the City of Aurora, Colorado, or an enterprise of the City from the Colorado River consistent with section 12; or
(3)take into consideration the need to ensure compliance with the Arkansas River Compact as executed by the states of Colorado and Kansas on December 14, 1948.
(b)Prior to the execution of any renewal contract with the City of Aurora, the Secretary of the Interior shall execute an Agreement with the Southeastern Colorado Water Activity Enterprise, which agreement shall provide guidelines for the terms to be contained in a renewal contract executed pursuant to this section. Such guidelines shall appropriately address those impacts associated with water operations under the contracts, such as storage and convenience charges, surcharges established by the Enterprise, reimbursement of costs incurred, and water quality monitoring, as identified by the Southeastern Colorado Enterprise and the Secretary.
(c)Any contract executed under the authority of subsection (a) or (b) shall be in compliance with the provisions of section 8(b)(1).
(d)The Secretary shall establish such charges under this section 9 in a manner consistent with the provisions of section 8(d).
10.
(a)Nonproject water diverted, stored, impounded, pumped, exchanged, or conveyed under a contract entered into pursuant to section 8 or 9 shall be exempt from any acreage limitation provisions of the Act of June 17, 1902 (32 Stat. 388), and Acts amendatory thereof and supplementary thereto including, but not limited to, the Warren Act of 1911, the Reclamation Reform Act of 1982 (96 Stat. 1263; 43 U.S.C. 390aa-zz-1) and from any farm unit size limitations established pursuant to section 4(c)(5) of the Act of August 11, 1939 (Chapter 717; 16 U.S.C. 59–2(c)(5)).
(b)Notwithstanding subsection (a), if such nonproject water is commingled with project water in Reclamation project facilities, and the resulting commingled supply is used to irrigate lands in a project contractor’s service area, then such commingled water shall bear the same acreage limitations or farm unit size limitations as the project water unless—
(1)contract provisions are in effect which provide that project or nonproject water, or both, will be accounted for on a quantitative basis, that project water will not be delivered to ineligible land, and that appropriate charges, as determined by the Secretary, will be paid for the project water; and
(2)the charges for the use of the excess capacity include an appropriate interest component, as determined by the Secretary.
11.
(a)Excess water storage capacity of the Fryingpan-Arkansas Project to divert, store, impound, pump, exchange, or convey nonproject water made available under contracts executed pursuant to the provisions of sections 8 and 9 shall not be utilized so as to increase diversion of nonproject water from the natural basin of the Colorado River within Colorado into another river basin for delivery or storage unless—
(1)the diversion is the subject of a decree entered prior to the effective date of this section for which no new infrastructure or legal approvals are necessary to divert the water out of the natural basin;
(2)the diversion is the subject of an agreement in existence on the date of the enactment of this section, contemplating additional diversions diverted through or stored in the facilities authorized by this Act, between the beneficiary of such transbasin diversion and the water conservation district, as defined under Colorado law, from within whose boundaries the waters are proposed for diversion;
(3)the diversion is the subject of an intergovernmental agreement or other contractual arrangement executed after the date of the enactment of this section, between the beneficiary of such transbasin diversion and the water conservation district, as defined under Colorado law, from within whose boundaries the waters are proposed for diversion; or
(4)the beneficiary of such transbasin diversion provides compensatory storage or alternate water supply in an amount equal to the quantity diverted out of the basin for the benefit of the water conservation district, as defined under Colorado law, from within whose boundaries the waters are proposed for diversion.
(b)Prior to executing any agreement, or arrangement or agreement for provision of compensatory storage or alternative water supply, that allows for increased diversions of nonproject water as described in subsection (a), the parties to such agreements or arrangements shall submit the agreement or arrangement to the Secretary, who, within 30 days, shall submit such agreement or arrangement to the President Pro Tempore of the Senate and the Speaker of the House of Representatives for a period of not less than 60 days.
(c)This section shall not be considered as precedent for any other Congressionally authorized project..