116 S2284 IS: Climate Action Rebate Act of 2019
U.S. Senate
2019-07-25
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II
116th CONGRESS1st Session
S. 2284
IN THE SENATE OF THE UNITED STATES

July 25, 2019
Mr. Coons (for himself and Mrs. Feinstein) introduced the following bill; which was read twice and referred to the Committee on Finance

A BILL
To create a Climate Action Rebate Fund in order to efficiently reduce greenhouse gas emissions, provide a monthly rebate to the American people, encourage innovation of clean energy technologies and create new economic opportunities, ensure the resiliency of our infrastructure, assist with the transition to a clean energy economy, and leave a healthier, more stable, and more prosperous nation for future generations.

1.Short titleThis Act may be cited as the Climate Action Rebate Act of 2019.  2.FindingsThe Congress finds that—
(1)climate change is costing the United States billions of dollars of economic losses and poses an existential threat to our safety and security;  (2)markets should reflect all costs of goods, including external factors such as pollution; and
(3)creation of a Climate Action Rebate Fund can make markets more efficient, create jobs, stimulate innovation, invest in infrastructure, put money back in the pockets of Americans, and provide for the transition to a cleaner energy future.  3.Carbon fee (a)In generalChapter 38 of subtitle D of the Internal Revenue Code of 1986 is amended by adding at the end the following new subchapter:

ECarbon fee

Sec. 4691. Definitions.
Sec. 4692. Carbon fee.
Sec. 4693. Emissions reduction schedule.
Sec. 4694. Fee on fluorinated greenhouse gases.
Sec. 4695. Carbon capture refunds.
Sec. 4696. Carbon border fee adjustment.
Sec. 4697. Administration of the carbon border fee adjustment.
Sec. 4698. Allocation of carbon border fee adjustment revenues.
4691.DefinitionsFor purposes of this subchapter— (a)AdministratorThe term Administrator means the Administrator of the Environmental Protection Agency.
(b)Carbon dioxide equivalent or CO2-eThe term carbon dioxide equivalent or CO2-e means the number of metric tons of carbon dioxide emissions with the same global warming potential as one metric ton of another greenhouse gas.  (c)Carbon-Intensive productThe term carbon-intensive product means—
(1)iron, steel, steel mill products (including pipe and tube), aluminum, cement, glass (including flat, container, and specialty glass and fiberglass), pulp, paper, chemicals, or industrial ceramics, and  (2)any manufactured product which the Secretary, in consultation with the Administrator, determines is energy-intensive and trade-exposed (with the exception of any covered fuel).
(d)Covered entityThe term covered entity means— (1)in the case of crude oil—
(A)any operator of a United States refinery (as described in subsection (d)(1) of section 4611), and  (B)any person entering such product into the United States for consumption, use, or warehousing (as described in subsection (d)(2) of such section),
(2)in the case of coal— (A)any producer subject to the tax under section 4121, and
(B)any importer of coal into the United States,  (3)in the case of natural gas—
(A)any entity which produces natural gas (as defined in section 613A(e)(2)) from a well located in the United States, and  (B)any importer of natural gas into the United States,
(4)in the case of fluorinated gases, any entity required to report the emission of a fluorinated gas under part 98 of title 40, Code of Federal Regulations,  (5)in the case of solid biomass, any entity which operates a facility that combusts such solid biomass in a manner which emits a greenhouse gas into the atmosphere, and
(6)any entity or class of entities which, as determined by the Secretary, is transporting, selling, or otherwise using a covered fuel in a manner which emits a greenhouse gas into the atmosphere and which has not been covered by the carbon fee, the fluorinated greenhouse gas fee, or the carbon border fee adjustment.  (e)Covered fuelThe term covered fuel means crude oil, natural gas, coal, solid biomass, or any other product derived from crude oil, natural gas, or coal which shall be used so as to emit greenhouse gases to the atmosphere.
(f)Full fuel cycle greenhouse gas emissionsThe term full fuel cycle greenhouse gas emissions means the greenhouse gas content of a covered fuel (excluding solid biomass) plus that covered fuel’s upstream greenhouse gas emissions.  (g)Greenhouse gasThe term greenhouse gas has the same meaning given such term under paragraph (3) of section 901 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17321), and shall include any other gases as identified by rule of the Administrator.
(h)Greenhouse gas contentThe term greenhouse gas content means the amount of greenhouse gases, expressed in metric tons of CO2-e, which would be emitted to the atmosphere by the use of a covered fuel.  (i)Solid biomassThe term solid biomass means nonfossilized and biodegradable organic material originating from plants, animals or microorganisms, including products, byproducts, residues and waste from agriculture, forestry and related industries as well as the nonfossilized and biodegradable organic fractions of industrial and municipal wastes, but does not include gases and liquids recovered from the decomposition of nonfossilized and biodegradable organic material.
(j)United StatesThe term United States shall be treated as including each possession of the United States (including the Commonwealth of Puerto Rico and the Commonwealth of the Northern Mariana Islands).  4692.Carbon fee (a)Carbon feeThere is hereby imposed a carbon fee on any covered entity’s use, sale, or transfer of any covered fuel.
(b)Amount of the carbon feeThe carbon fee imposed by this section is an amount equal to— (1)the greenhouse gas content of the covered fuel, multiplied by
(2)the carbon fee rate.  (c)Carbon fee rateFor purposes of this section—
(1)In generalThe carbon fee rate, with respect to any use, sale, or transfer during a calendar year, shall be— (A)in the case of calendar year 2020, $15, and
(B)except as provided in paragraph (2), in the case of any calendar year thereafter, the carbon fee rate in effect under this subsection for the preceding calendar year, plus $15.  (2)Exceptions (A)Increased carbon fee rate after missed annual emissions reduction targetIn the case of any year immediately following a year for which the Secretary determines under 4693(b) that the emissions of greenhouse gases from covered fuels exceeded the emissions reduction target for the previous year, paragraph (1)(B) shall be applied by substituting $30 for $15.
(B)Cessation of carbon fee rate increase after certain emission reductions achievedIn the case of any year immediately following a year for which the Secretary determines under 4693(b) that emissions of greenhouse gases from covered fuels are not more than 10 percent of the greenhouse gas emissions from covered fuels during the year 2017, paragraph (1)(B) shall be applied by substituting $0 for $15.  (d)Solid biomassFor purposes of subsection (b), in the case of a covered fuel which consists of solid biomass, the greenhouse gas content of such covered fuel shall be determined by the Administrator based on the lifecycle greenhouse gas emissions of such fuel, as defined in section 211(o)(1)(H) of the Clean Air Act (42 U.S.C. 7545(o)(1)(H)).
(e)Exemption and refundThe Secretary shall prescribe such rules as are necessary to ensure the carbon fee imposed by this section is not imposed with respect to any nonemitting use, or any sale or transfer for a nonemitting use, including rules providing for the refund of any carbon fee paid under this section with respect to any such use, sale, or transfer.  (f)Administrative authorityThe Secretary, in consultation with the Administrator, shall prescribe such regulations, and other guidance, to assess and collect the carbon fee imposed by this section, including—
(1)requirements for the quarterly payment of such fees, and  (2)rules to ensure that no covered fuel has the carbon fee or the carbon border fee adjustment imposed upon it more than once.
4693.Emissions reduction schedule
(a)In generalAn emissions reduction schedule for greenhouse gas emissions from covered fuels is hereby established, as follows: (1)Reference year (A)In generalSubject to subparagraph (B), the greenhouse gas emissions from covered fuels during the year 2017 shall be the reference amount of emissions and shall be determined from the Inventory of U.S. Greenhouse Gas Emissions and Sinks: 1990–2017 published by the Environmental Protection Agency in April of 2019.
(B)UpdatesIf the greenhouse gas emissions from covered fuels during the year 2017 is revised by the Administrator in a subsequent report, the amount of such emissions contained in such report shall apply for purposes of this section.  (2)Emissions reduction targets (A)2020 through 2030The emissions reduction target for each calendar year during the period of calendar years 2020 through 2030 shall be determined as follows:

YearEmissions Reduction Target

2017Reference year
202090 percent of 2017 emissions
202181 percent of 2017 emissions
202274 percent of 2017 emissions
202368 percent of 2017 emissions
202463 percent of 2017 emissions
202559 percent of 2017 emissions
202656 percent of 2017 emissions
202752 percent of 2017 emissions
202850 percent of 2017 emissions
202947 percent of 2017 emissions
203045 percent of 2017 emissions
(B)2031 through 2050The emissions reduction target for each calendar year during the period of calendar years 2031 through 2050 shall be equal to the emissions reduction target for the preceding year reduced by an amount equal to 2.25 percent of 2017 emissions.  (b)Administrative determinationNot later than 90 days after the beginning of each calendar year beginning after the date of the enactment of this section, the Secretary, in consultation with the Administrator, shall determine whether emissions of greenhouse gases from covered fuels exceeded the emissions reduction target for the preceding calendar year. The Secretary shall make such determination using the same greenhouse gas accounting method as was used to determine the greenhouse gas emissions in the Inventory of U.S. Greenhouse Gas Emissions and Sinks: 1990–2017 published by the Environmental Protection Agency in April of 2019.
4694.Fee on fluorinated greenhouse gases
(a)Fluorinated gas feeA fee is hereby imposed upon any fluorinated greenhouse gas which is required to be reported under part 98 of title 40, Code of Federal Regulations.  (b)AmountThe fee to be paid by the covered entity required to so report shall be an amount equal to—
(1)the total amount, in metric tons of CO2-e, of emitted fluorinated greenhouse gases (or, in the case of a supplier, emissions that would result determined under the rules of such part), multiplied by  (2)an amount equal to 20 percent of the carbon fee rate in effect under section 4692(c)(1) for the calendar year of such emission.
(c)Administrative authorityThe Secretary, in consultation with the Administrator, shall prescribe such regulations, and other guidance, to assess and collect the carbon fee imposed by this section, including— (1)requirements for the quarterly payment of such fees, and
(2)rules to ensure that no covered fuel has the carbon fee or the carbon border fee adjustment imposed upon it more than once.  4695.Carbon capture refunds (a)In generalThe Secretary, in consultation with the Administrator and the heads of other relevant Federal agencies, shall prescribe regulations for providing payments to any person which captures qualified carbon oxide (as defined in subsection (c) of section 45Q) which is—
(1)disposed of by such person in secure geological storage, as described in subsection (f)(2) of such section,  (2)used by such person as a tertiary injectant in a qualified enhanced oil or natural gas recovery project (as defined in subsection (e)(2) of such section) and disposed of by such person in secure geological storage, or
(3)utilized by such person in a manner described in subsection (f)(5) of such section.  (b)Payments for carbon capture (1)In generalIn the case of any industrial facility for which carbon capture equipment has been placed in service, the Secretary shall make payments to the owner of such facility in the same manner as if such payment was a refund of an overpayment of the carbon fee imposed by section 4692.
(2)Amount of paymentThe payment determined under this subsection shall be an amount equal to— (A)the metric tons of qualified carbon oxide captured and disposed of, used, or utilized in a manner consistent with subsection (a), multiplied by
(B)the carbon fee rate during the year in which the carbon fee was imposed by section 4692 upon the covered fuel to which such carbon oxide relates.  (3)Coordination with credit for carbon oxide sequestrationAt such time that the Secretary prescribes regulations implementing this section, no payment under this section shall be allowed to any person for any unit of carbon oxide for which a credit has been allowed with respect to such unit under section 45Q.
(c)ExceptionIn the case of any industrial facility which is owned by an entity that is determined to be in violation of any applicable air quality regulations, such facility shall not be eligible for any payment under this section during the period of such violation.  4696.Carbon border fee adjustment (a)In generalThe fees imposed by, and refunds allowed under, this section shall be referred to as the carbon border fee adjustment.
(b)Imported covered fuels feeIn the case of any person that imports into the United States any covered fuel, there shall be imposed a fee equal to the excess (if any) of— (1)an amount equal to—
(A)the amount of full fuel cycle greenhouse gas emissions of such fuel, multiplied by  (B)the carbon fee rate in effect for the year in which such fuel is imported, over
(2)the total foreign cost of carbon carried by such fuel.  (c)Imported carbon-Intensive products feeIn the case of any person that imports into the United States any carbon-intensive products, there shall be imposed a fee equal to the excess (if any) of—
(1)an amount equal to— (A)production greenhouse gas emissions of such product, multiplied by
(B)the carbon fee rate in effect for the year in which the production greenhouse gas emissions of such product were emitted into the atmosphere, over  (2)the total foreign cost of carbon carried by such product.
(d)Refund on exports from United States
(1)Carbon-intensive productsUnder regulations prescribed by the Secretary, there shall be allowed a credit or refund (without interest) to exporters of carbon-intensive products manufactured or produced in the United States an amount equal to the excess (if any) of— (A)an amount equal to—
(i)the production greenhouse gas emissions of the exported carbon-intensive product, multiplied by  (ii)the carbon fee rate during the year in which the carbon fee or fluorinated greenhouse gas fee was paid upon the production greenhouse gas emissions of the exported carbon-intensive product, over
(B)any total cost of carbon to be levied upon the carbon-intensive product by any jurisdiction to which the carbon-intensive product is to be imported. Any such credit or refund shall be allowed in the same manner as if it were an overpayment of the fee imposed by section 4692 or 4694. The Secretary shall establish fair, timely, impartial, and as necessary confidential procedures by which any exporter of any product from the United States may petition the Secretary to include that exported product on the list of carbon-intensive products. (2)Covered fuelsUnder regulations prescribed by the Secretary, in the case of a covered fuel produced in the United States with respect to which the fee under section 4692 was paid, there shall be allowed as a credit or refund (without interest) to any exporter of such covered fuels an amount equal to the excess (if any) of—
(A)an amount equal to— (i)the full fuel cycle greenhouse gas emissions of the covered fuel, multiplied by
(ii)the carbon fee rate at the time the carbon fee was paid upon the full fuel cycle greenhouse gas emissions of the exported covered fuel, over  (B)any total cost of carbon to be levied upon the covered fuel by a jurisdiction to which the carbon-intensive product is to be imported. Any such credit or refund shall be allowed in the same manner as if it were an overpayment of tax imposed by section 4692.
(e)DefinitionsFor purposes of this section and section 4697— (1)Foreign cost of carbon; foreign carbon costsThe term foreign cost of carbon or foreign carbon cost means the cost of any laws of a foreign jurisdiction which impose a system of cap-and-trade with respect to, or a tax or fee on, greenhouse gas. Such cost shall be determined and expressed as a price per ton of CO2-e.
(2)Production greenhouse gas emissionsThe term production greenhouse gas emissions means the quantity of greenhouse gases, expressed in metric tons of CO2-e, emitted to the atmosphere resulting from, nonexclusively, the production, manufacture, assembly, transportation, or financing of a product.  (3)Total cost of carbon carriedThe term total cost of carbon carried means an amount equal to—
(A)the production greenhouse gas emissions of a carbon-intensive product or the full fuel cycle greenhouse gas emissions of a covered fuel, multiplied by  (B)the cost of carbon with respect to such product or fuel, reduced by any amount refunded with respect to such product or fuel by a foreign jurisdiction. The total cost of carbon carried shall be expressed as price in United States dollars.
(4)Total foreign cost of carbon carriedThe term total foreign cost of carbon carried means an amount equal to— (A)the production greenhouse gas emissions of a carbon-intensive product, or the full fuel cycle greenhouse gas emissions of a covered fuel, multiplied by
(B)the foreign cost of carbon with respect to such product or fuel, reduced by the amount refunded with respect to such product or fuel by a foreign jurisdiction. The total foreign cost of carbon carried shall be expressed as price in United States dollars. (5)Upstream greenhouse gas emissionsThe term upstream greenhouse gas emissions means the quantity of greenhouse gases, expressed in metric tons of CO2-e, emitted to the atmosphere resulting from, nonexclusively, the extraction, processing, transportation, financing, or other preparation of a covered fuel for use.
4697.Administration of the carbon border fee adjustment
(a)In generalThe Secretary, in consultation with the Administrator, shall prescribe regulations and guidance which implement the carbon border fee adjustment under section 4696.  (b)CollaborationIn determining the production greenhouse gas emissions of an imported carbon-intensive product, the upstream greenhouse gas emissions of an imported covered fuel, the full fuel cycle greenhouse gas emissions of an imported covered fuel, or the foreign cost of carbon, or otherwise administering the carbon border fee adjustment, it is the sense of Congress that the Secretary should collaborate with authorized officers of any jurisdiction, including sub-national governments, affected by the carbon border fee adjustment.
(c)MethodologyIn determining the production greenhouse gas emissions of an imported carbon-intensive product, the upstream greenhouse gas emissions of an imported covered fuel, the full fuel cycle greenhouse gas emissions of an imported covered fuel, or the foreign cost of carbon, the Secretary shall use reliable methodologies, which— (1)as may be necessary or convenient—
(A)distinguish between different types of covered fuels,  (B)distinguish between a covered fuel’s greenhouse gas content and that covered fuel’s upstream greenhouse gas emissions,
(C)distinguish between the different types of greenhouse gas emissions which compose a covered fuel’s upstream greenhouse gas emissions or greenhouse gas content, as well as the various processes which produced those emissions, and  (D)distinguish between the different types of greenhouse gas emissions which compose a carbon-intensive product’s production greenhouse gas emissions, as well as the various processes which produced those emissions,
(2)ensure that no covered fuel, covered fluorinated greenhouse gas, or carbon-intensive product has the carbon fee, the fluorinated greenhouse gas fee, or the border fee adjustment imposed upon it more than once,  (3)ensure that the implementation of the border carbon adjustment aligns with the carbon fee and the fluorinated gas fee,
(4)in the case of incomplete data, rely upon the best available methodologies for interpolating data gaps, and  (5)are consistent with international treaties and agreements.
(d)ProcedureThe Secretary shall establish fair, timely, impartial, and as necessary confidential procedures by which the importer of any carbon-intensive product or any covered fuel may petition the Secretary to revise the Secretary’s determination of the production greenhouse gas emissions, full fuel cycle greenhouse gas emissions, or upstream greenhouse gas emissions of that importer’s imported covered fuel or imported carbon-intensive product, or the foreign cost of carbon carried by that importer’s imported carbon-intensive product.  4698.Allocation of carbon border fee adjustment revenuesThe revenues collected under section 4696 may be used to supplement appropriations made available in fiscal years 2020 and thereafter—
(1)to U.S. Customs and Border Protection, in such amounts as are necessary to administer the carbon border fee adjustment,  (2)from the amounts remaining following payment of the expenses described in paragraph (1), to the Department of Treasury, in such amounts as are necessary to allow refunds under section 4696(e) to exporters of carbon-intensive products and exporters of covered fuels, and
(3)from the amounts remaining following payment of the expenses described in paragraphs (1) and (2)— (A)to the Department of State and the United States Agency for International Development for programs to address climate mitigation and adaptation in developing countries, including contributions to the Green Climate Fund, and
(B)to the Export-Import Bank of the United States to facilitate exportation of clean energy technologies.  (b)Payments to farmers and landowners for nature-Based projects (1)In generalThe Secretary of Agriculture, in consultation with the Administrator of the Environmental Protection Agency, shall provide payments to farmers and landowners within the United States to implement carbon sequestration projects with measurable greenhouse gas reduction benefits or other nature-based projects that reduce greenhouse gas emissions, including projects for—
(A)ecologically-appropriate reforestation,  (B)restoration of wetlands,
(C)agricultural practices such as the usage of cover crops, no till, and practices that can reduce emissions from livestock, fertilizers, and rice cultivation, and  (D)other appropriate practices as determined by the Secretary of Agriculture.
(2)Amount of payment Not later than 180 days after the date of enactment of this Act, the Secretary of Agriculture, in consultation with the Administrator of the Environmental Protection Agency, shall issue regulations to determine the amount of a payment under paragraph (1), taking into account the use of certified third-party registries for verification of emissions reductions and provisions for addressing the potential impermanence of carbon sequestration in biomass and soils.  (c)Payments for direct air capture of carbon dioxide (1)In generalSubject to paragraph (3), the Secretary of Energy, in consultation with the Administrator of the Environmental Protection Agency and the heads of any other relevant agencies, shall make payments to any direct air capture facility (as defined in section 45Q(e)(1) of the Internal Revenue Code of 1986) within the United States that uses carbon capture equipment to capture carbon dioxide directly from the ambient air and disposes of such carbon dioxide in secure geological storage (as described in section 45Q(f)(2) of such Code).
(2)Payment amountA payment under paragraph (1) shall be in an amount equal to the product obtained by multiplying— (A)the metric tons of carbon dioxide captured and disposed of by the facility; and
(B)the carbon fee rate in effect during the calendar year preceding the year in which the capture of such carbon dioxide occurs.  (3)ExceptionIn the case of any direct air capture facility which is owned by an entity that is determined to be in violation of any applicable air quality regulations, such facility shall not be eligible for any payment under this section during the period of such violation.
(4)Coordination with credit for carbon dioxide sequestrationThe Secretary of Energy shall not make a payment under this subsection with respect to any facility for any unit of carbon dioxide for which a credit has been allowed with respect to such unit under section 45Q of the Internal Revenue Code of 1986.  (d)Coordination with carbon oxide sequestration creditSection 45Q(f) is amended by adding at the end the following new paragraph:

(8)Coordination with carbon capture and sequestration paymentsNo credit shall be allowed under this section with respect to any unit of carbon oxide which has received any refund or payment with respect to such unit under section 3(c) of the Climate Action Rebate Act of 2019 or section 4695..  (e)International negotiations The Congress finds the international mitigation of greenhouse gas emissions to be of national importance. Therefore, the Congress encourages the Secretary of State, or the Secretary’s designee, to commence and complete negotiations with other nations with the goal of forming treaties, environmental agreements, accords, partnerships, or any other instrument that effectively reduces global greenhouse gas emissions to 10 percent of 2017 levels by 2050 and which respect the principle of common but differentiated responsibilities and respective capabilities.
4.Establishment of the Climate Action Rebate Fund
(a)In generalSubchapter A of chapter 98 of the Internal Revenue Code of 1986 is amended by adding at the end the following:  9512.Climate Action Rebate Fund (a)Establishment and fundingThere is hereby established in the Treasury of the United States a trust fund to be known as the Climate Action Rebate Fund, consisting of such amounts as may be appropriated to such trust fund as provided for in this section.
(b)Transfers to the Climate Action Rebate FundThere is hereby appropriated to the Climate Action Rebate Fund amounts equal to the fees received into the Treasury less any amounts refunded or paid under sections 4692(d) and 4695 for each month.  (c)ExpendituresAmounts in the trust fund shall be available for the following purposes:
(1)Carbon Fee Administrative ExpensesSo much of the expenses as are necessary to administer sections 4692 through 4695 for any year as does not to exceed 0.60 percent of the amounts appropriated to the Climate Action Rebate Fund for the previous year.  (2)Climate Action Rebate Fund Administrative expensesSo much of the expenses necessary to administer the Climate Action Rebate Fund for each year, as does not exceed—
(A)in the case of the first 5 fiscal years ending after the date of the enactment of this section, the administrative expenses for any year may not exceed 5 percent of amounts appropriated to the Climate Action Rebate Fund during such year, and  (B)in the case of any fiscal year thereafter, 1.5 percent of the 5-year rolling average of the amounts appropriated to the Climate Action Rebate Fund.
(3)Climate Action Rebate payments
(A)In generalFor each fiscal year, the amounts remaining in the Climate Action Rebate Fund following payment of expenses under paragraphs (1) and (2) shall be apportioned as follows: (i)70 percent of such amounts for the purposes described in subsection (d),
(ii)20 percent of such amounts for the purposes described in subsection (e),  (iii)5 percent of such amounts for the purposes described in subsection (f), and
(iv)5 percent of such amounts for the purposes described in subsection (g).  (d)Carbon dividend (1)In generalFrom the amounts in the Carbon Dividend Trust Fund made available under subsection (c)(3)(A)(i) for any year, the Secretary shall, for each month beginning more than 270 days after the date of the enactment of the Climate Action Rebate Act of 2019, make carbon dividend payments to each eligible individual.
(2)Pro-rata shareA carbon dividend payment is one pro-rata share for each adult and half a pro-rata share for each child under 19 years old of amounts available for the month in the Climate Action Rebate Fund.  (3)Eligible individualThe term eligible individual means, with respect to any month, any natural living person who has a valid Social Security number or taxpayer identification number and is a citizen or lawful resident of the United States. The Secretary is authorized to verify an individual’s eligibility to receive a carbon dividend payment.
(4)Phaseout
(A)In generalIn the case of any taxpayer whose modified adjusted gross income for the most recent taxable year for which a return has been filed exceeds the threshold amount, the amount of the carbon dividend otherwise payable to any household member of the taxpayer under this subsection shall be reduced (but not below zero) by a dollar amount equal to 5 percent of such dividend (as determined before application of this paragraph) for each $1,000 (or fraction thereof) by which such taxpayer's modified adjusted gross income exceeds the threshold amount.  (B)DefinitionsFor purposes of this paragraph—
(i)Modified adjusted gross incomeThe term modified adjusted gross income means adjusted gross income increased by any amount excluded from gross income under section 911, 931, or 933.  (ii)Household memberThe term household member of the taxpayer means the taxpayer, the taxpayer's spouse, and any dependent of the taxpayer.
(iii)Threshold amountThe term threshold amount means— (I)$130,000 in the case of a joint return,
(II)$80,000 in the case of an individual who is not married, and  (III)$65,000 in the case of a married individual filing a separate return.
(C)RegulationsThe Secretary shall prescribe such regulations, and other guidance, as may be necessary to carry out the purposes of this paragraph, including establishment of rules for eligible individuals who have not filed a recent tax return.  (5)Fee treatment of paymentsAmounts paid under this subsection shall be includible in gross income.
(6)Federal programs and Federal assisted programsThe carbon dividend amount received by any eligible individual shall not be taken into account as income and shall not be taken into account as resources for purposes of determining the eligibility of such individual or any other individual for benefits or assistance, or the amount or extent of benefits or assistance, under any Federal program or under any State or local program financed in whole or in part with Federal funds.  (7)Advance paymentThe Secretary shall transfer to the Climate Action Rebate Fund such amounts as are necessary for the disbursement of an advanced carbon dividend to all eligible individuals as follows:
(A)An advanced carbon dividend shall be the same as the anticipated first carbon dividend required to be distributed under paragraph (1) and shall be distributed the month prior to the first collection of the carbon fee.  (B)Total amounts disbursed as advanced carbon dividends shall be deducted from the carbon dividends on a pro-rata basis over the first 3 years after the disbursement of the first carbon dividends.
(e)InfrastructureFrom the amounts in the Carbon Dividend Trust Fund made available under subsection (c)(3)(A)(ii) for any year, the Secretary shall transfer such amounts as follows: (1)50 percent to the Highway Trust Fund under section 9503, with—
(A)80 percent of such amount allocated to the Highway Account for the payment of obligations incurred in carrying out Federal-aid highway and highway safety construction programs authorized under title 23, United States Code, and  (B)20 percent of such amount allocated to the Mass Transit Account for the payment of obligations incurred in carrying out transit programs authorized under—
(i)chapter 53 of title 49, United States Code,  (ii)section 20005(b) of the Federal Public Transportation Act of 2012 (49 U.S.C. 5303 note; Public Law 112–141), and
(iii)section 3006(b) of the Federal Public Transportation Act of 2015 (49 U.S.C. 5310 note; Public Law 114–94).  (2)2.5 percent to the Department of Transportation for national infrastructure investments for innovative multimodal projects (also known as the Better Utilizing Investments to Leverage Development (BUILD) Transportation discretionary grant program).
(3)2.5 percent to the Department of Transportation to make grants to the National Railroad Passenger Corporation for intercity passenger rail infrastructure, as authorized by section 11101 of the Passenger Rail Reform and Investment Act of 2015 (title XI of division A of Public Law 114–94) and sections 22907 and 24911 of title 49, United States Code.  (4)5 percent to the Airport and Airway Trust Fund under section 9502 for the payment of obligations incurred in carrying out aviation programs authorized under subtitle VII of title 49, United States Code.
(5)2.5 percent to the Department of Transportation to support deployment of alternative fuel vehicles, including electric vehicle charging stations and hydrogen fueling infrastructure.  (6)5 percent to the Environmental Protection Agency for drinking water infrastructure programs under the Safe Drinking Water Act (42 U.S.C. 300f et seq.) and wastewater and clean water infrastructure programs under the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.).
(7)2.5 percent to the Secretary of Agriculture for rural water or wastewater grants or direct or guaranteed loans under the Consolidated Farm and Rural Development Act (7 U.S.C. 1921 et seq.).  (8)1.5 percent to the Federal Communications Commission to expand broadband access in rural areas.
(9)5 percent to the Army Corps of Engineers for water resources development projects.  (10)2.5 percent for the Community Development Block Grant program under title I of the Housing and Community Development Act of 1974 (42 U.S.C. 5401 et seq.) to assist States, units of general local government, and Indian tribes, as those terms are defined in section 101 of such Act (42 U.S.C. 5301), with planning and implementation of projects to support lowering emissions, and climate impact adaptation, including improving infrastructure resilience, increasing transit and housing density, and local economic development.
(11)2.5 percent to the National Oceanic and Atmospheric Administration for coastal resiliency programs and ocean observing and monitoring programs.  (12)2.5 percent to the Department of the Interior for maintenance and infrastructure upgrades on public land.
(13)1.5 percent to the Hazardous Substance Superfund established under section 9507.  (14)1.5 percent to the Abandoned Mine Reclamation Fund created by section 401 of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1231).
(15)Notwithstanding subsection (b)(2) of section 303 of Public Law 96–451 (16 U.S.C. 1606a), 1.5 percent to the Reforestation Trust Fund established by subsection (a) of that section.  (16)2.5 percent to the Department of Energy for energy efficiency programs, including—
(A)the Weatherization Assistance Program for Low-Income Persons established under part A of title IV of the Energy Conservation and Production Act (42 U.S.C. 6861 et seq.),  (B)State energy programs,
(C)the Clean Cities program,  (D)support for efficiency upgrades, including energy savings performance contracting, in Federal buildings, and
(E)the creation and initial funding of an Energy Efficiency State Revolving Fund, to be modeled after— (i)State water pollution control revolving funds established under title VI of the Federal Water Pollution Control Act (33 U.S.C. 1381 et seq.), and
(ii)State drinking water treatment revolving loan funds established under section 1452 of the Safe Drinking Water Act (42 U.S.C. 300j–12).  (17)2.5 percent to the Secretary of Health and Human Services for a new program within the partnerships for State and regional hospital preparedness program under section 319C–2 of the Public Health Service Act (42 U.S.C. 247d–3b) to fund infrastructure and facility improvements that support the climate resiliency and preparedness of hospitals and community health centers, including priority support for critical access hospitals (as defined in section 1861(mm)(1) of the Social Security Act (42 U.S.C. 1395x(mm)(1)), safety net hospitals (as defined by the Center for Medicare and Medicaid Innovation), and community health centers in places experiencing heavy air pollution.
(18)2.5 percent to the Secretary of Veterans Affairs to support resiliency and preparedness for Department of Veterans Affairs medical facilities.  (19)1.5 percent to the Secretary of Agriculture for—
(A)energy programs under title IX of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8101 et seq.), and  (B)watershed and flood prevention operations under the Watershed Protection and Flood Prevention Act (16 U.S.C. 1001 et seq.) and the Act of December 22, 1944 (commonly known as the Flood Control Act of 1944) (58 Stat. 887, chapter 665; 33 U.S.C. 701–1 et seq.).
(20)2.5 percent to the Secretary of Agriculture for the program established under section 3(b) of the Climate Action Rebate Act of 2019.  (f)Innovation (1)In generalFrom the amounts in the Carbon Dividend Trust Fund made available under subsection (c)(3)(A)(iii) for any year, the Secretary shall transfer such amounts to the Secretary of Energy to carry out the purposes described in paragraph (2).
(2)ExpendituresThe Secretary of Energy shall use the funds transferred under paragraph (1) to support high-impact research, development, demonstration, technology transfer, and commercialization of technologies that reduce or eliminate greenhouse gas emissions, including— (A)energy storage technologies, including grid integration of storage,
(B)carbon capture, utilization, and sequestration, including direct air capture,  (C)next-generation nuclear technologies,
(D)energy efficiency, including in buildings and the industrial sector,  (E)electric grid modernization,
(F)sustainable transportation, including hydrogen fuel cell and electric vehicles, and  (G)the direct air capture program established under section 3(c) of the Climate Action Rebate Act of 2019.
(3)Specific programsIn carrying out paragraph (2), the Secretary of Energy shall include support for offices under the Department of Energy and programs that support commercialization and innovative collaboration, including Advanced Research Projects Agency-Energy, the Loan Programs Office, energy innovation hubs, energy frontier research centers, regionally centered innovation programs, and the Manufacturing USA network.  (4)Collaboration with other agenciesThe Secretary of Energy shall collaborate with other appropriate agencies, including by sharing the funds transferred under paragraph (1), to support overlapping areas of innovation, including—
(A)biomass and bioenergy with the Department of Agriculture,  (B)nature-based solutions for carbon sequestration with the Departments of Agriculture, Commerce, and the Interior,
(C)export of technologies that will help other countries reduce or eliminate greenhouse gas emissions with the Departments of Commerce and State, and  (D)other such collaborations as determined necessary by the Secretary of Energy to achieve the goals outlined in paragraph (2).
(g)Transition AssistanceFrom the amounts in the Carbon Dividend Trust Fund made available under subsection (c)(3)(A)(iv) for any year, the Secretary shall transfer such amounts as follows: (1)40 percent to the Department of Labor for the establishment and initial funding of a program, to be modeled after the trade adjustment assistance for workers program under chapter 2 of title II of the Trade Act of 1974 (19 U.S.C. 2271 et seq.), to assist workers in industries that may be displaced as a result of the fees imposed under sections 4692 and 4694, including assistance with respect to—
(A)wage insurance,  (B)relocation expenses,
(C)early retirement,  (D)pension and health benefits, including (if applicable) the 1974 UMWA Pension Plan (as defined in section 9701(a)(3)),
(E)worker retraining, and  (F)other assistance that the Secretary of Labor determines appropriate.
(2)20 percent to the Department of Energy to make grants to States, territories, and tribes in order to assist communities facing significantly increased energy costs as a result of the fees imposed under sections 4692 and 4694, in particular rural and low-income communities.  (3)10 percent to the Department of Health and Human Services for the low-income home energy assistance program established under the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8621 et seq.).
(4)30 percent to the Economic Development Administration for programs that support economic development and diversity in communities and areas dependent on industries that may be affected by the fees imposed under sections 4692 and 4694, including— (A)the Economic Adjustment Assistance Program, and
(B)Partnerships for Opportunity and Workforce and Economic Revitalization.  (h)Funding requirements (1)In generalAll uses of funding transferred under subsection (e) through (g) shall be in accordance with practices that protect American manufacturing, pay prevailing wages and benefits, and further reduce emissions when possible.
(2)Use of American goods
(A)In generalNone of the funds made available by this section may be used for a project for the construction, alteration, maintenance, or repair of a public building or public work unless all of the iron, steel, cement, and manufactured goods used in the project are produced in the United States.  (B)ExceptionSubparagraph (A) shall not apply in any case or category of cases in which the head of the Federal department or agency involved finds that—
(i)applying subparagraph (A) would be inconsistent with the public interest,  (ii)iron, steel, cement, and the relevant manufactured goods are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality, or
(iii)inclusion of iron, steel, cement, and manufactured goods produced in the United States will increase the cost of the overall project by more than 25 percent.  (C)PublicationIf the head of a Federal department or agency determines that it is necessary to waive the application of subparagraph (A) based on a finding under subparagraph (B), the head of the department or agency shall publish in the Federal Register a detailed written justification as to why the provision is being waived.
(D)International agreementsThis section shall be applied in a manner consistent with United States obligations under international agreements.  (3)Wage rate requirementsNotwithstanding any other provision of law, all laborers and mechanics employed by contractors and subcontractors on projects funded directly by or assisted in whole or in part by the Climate Act Rebate Fund shall be paid wages at rates not less than those prevailing on projects of a similar character in the locality as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United States Code. With respect to the labor standards specified in this paragraph, the Secretary of Labor shall have the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and section 3145 of title 40, United States Code.
(4)Energy Efficiency State Revolving FundFor fiscal year 2020 and each fiscal year thereafter, the labor standards specified in paragraph (3) shall apply to projects assisted in whole or in part with recycled funds, including principal repayments and interest earnings, made available by the Energy Efficiency State Revolving Fund established pursuant to subsection (e)(16)(E).  (5)Emissions reductionsWhenever possible, materials used for projects funded by this section shall be chosen with respect to minimizing their lifecycle emissions, as determined by the Administrator.
(6)Natural infrastructureWhenever possible, projects funded by subsection (e) shall prioritize consideration of natural features and nature-based features, as defined in section 1184(a) of the Water Infrastructure Improvements for the Nation Act (33 U.S.C. 2289a(a)).  (i)Sunset (1)In generalFor any fiscal year beginning after the date on which the Secretary determines that—
(A)pursuant to section 4693, the emissions of greenhouse gases from covered fuels for the most recent calendar year is equal to or less than 10 percent of the greenhouse gas emissions from covered fuels for calendar year 2017; and  (B)the monthly carbon dividend payment made to an adult who is an eligible individual pursuant to subsection (d) has been less than $20 for the preceding 3 calendar years, no amounts may be transferred from Climate Action Rebate Fund for any purpose described in subsection (c)(3), and any amounts remaining in the Climate Action Rebate Fund shall be transferred to the general fund of the Treasury of the United States.
(2)Inflation adjustmentIn the case of any year beginning after 2020, the dollar amount under paragraph (1)(B) shall be increased by an amount equal to— (A)such dollar amount, multiplied by
(B)the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting calendar year 2017 for calendar year 2016 in subparagraph (A)(ii) thereof.  (j)Administrative authorityThe Secretary, in coordination with the heads of other relevant Federal agencies, shall promulgate rules, guidance, and regulations useful and necessary to implement the Climate Action Rebate Fund..
(b)Revenues dedicated to trust funds
(1)Airport and Airway Trust FundSection 9502(b)(1) of the Internal Revenue Code of 1986 is amended— (A)by inserting and fees after the taxes, and
(B)by striking and at the end of subparagraph (C) and by inserting after subparagraph (D) the following new subparagraph:  (E)section 9512(e)(4) (relating to carbon fee), and.
(2)Highway Trust FundSection 9503(b)(1) of the Internal Revenue Code of 1986 is amended— (A)by inserting and fees after equivalent to the taxes, and
(B)by striking and at the end of subparagraph (D), by striking the period at the end of subparagraph (E) and inserting , and, and by inserting after subparagraph (E) the following new subparagraph:  (F)section 9512(e)(1) (relating to carbon fee)..
(c)Clerical amendmentThe table of sections for subchapter A of chapter 98 of such Code is amended by adding at the end the following new item:   Sec. 9512. Climate Action Rebate Fund..  5.Disclosure of return informationSection 6103(l) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraphs:

(23)Disclosure of return information relating to carbon dividend payments
(A)Department of TreasuryReturn information with respect to any taxpayer shall, without written request, be open to inspection by or disclosure to officers and employees of the Department of the Treasury whose official duties require such inspection or disclosure for purposes of administering section 9512(d) (relating the carbon dividend payments from the Climate Action Rebate Fund).  (B)Commissioner of Social SecurityThe Commissioner of Social Security shall, on written request, disclose to officers and employees of the Department of the Treasury return information which has been disclosed to the Social Security Administration as is necessary to administer section 9512(d).
(C)Restriction on disclosureInformation disclosed under this paragraph shall be disclosed only for purposes of, and to the extent necessary in, carrying out section 9512(d)..  6.Effective dateThe amendments made by this Act shall apply to any calendar year beginning after the date of enactment of this Act.
7.Principle of interpretationIn the case of ambiguity, the texts of this statute and its amending texts shall be interpreted so as to allow for the most effective abatement of greenhouse gas emissions.  8.No preemption of State lawNothing in this Act or any regulations promulgated under this Act shall preempt or supersede, or be interpreted to preempt or supersede, any State law or regulation.


113 HR 409 IH: Indian Trust Asset Reform Act
U.S. House of Representatives
2013-01-23
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		113th CONGRESS
		1st Session
		H. R. 409
		IN THE HOUSE OF REPRESENTATIVES

			January 23, 2013
			Mr. Simpson
			 introduced the following bill; which was referred to the
			 Committee on Natural
			 Resources

		A BILL
		To provide for Indian trust asset management reform, and
		  for other purposes.

		1.Short title; table of
			 contents
			(a)Short
			 titleThis Act may be cited
			 as the Indian Trust Asset Reform
			 Act.
			(b)Table of
			 contentsThe table of contents for this Act is as follows:

					Sec. 1. Short title; table of contents.
					TITLE I—RECOGNITION OF TRUST RESPONSIBILITY
					Sec. 101. Congressional statement of findings.
					Sec. 102. Congressional reaffirmation of policy.
					TITLE II—INDIAN TRUST ASSET MANAGEMENT DEMONSTRATION PROJECT
				ACT
					Sec. 201. Short title.
					Sec. 202. Definitions.
					Sec. 203. Establishment of demonstration project; selection of
				participating Indian tribes.
					Sec. 204. Indian trust asset management plan.
					Sec. 205. Effect of title.
					TITLE III—RESTRUCTURING BUREAU OF INDIAN AFFAIRS AND OFFICE OF
				SPECIAL TRUSTEE
					Sec. 301. Purpose.
					Sec. 302. Definitions.
					Sec. 303. Under Secretary for Indian Affairs.
					Sec. 304. Transfer of functions of Assistant Secretary for
				Indian Affairs.
					Sec. 305. Office of Special Trustee for American
				Indians.
					Sec. 306. Cost savings recommendations.
					Sec. 307. Hiring preference.

			IRECOGNITION OF
			 TRUST RESPONSIBILITY
			101.Congressional
			 statement of findingsThe
			 Congress, after careful review of the Federal Government’s historical and
			 special legal relationship with, and resulting responsibilities to, American
			 Indian people, finds that—
				(1)the relationship
			 of Indian tribes to the United States is founded in part on the settled
			 doctrine of the law of nations that when a stronger sovereign assumes authority
			 over a weaker sovereign, the stronger one assumes a duty of protection for the
			 weaker one, which does not surrender its right to self-government;
				(2)the United States
			 fiduciary responsibilities to Indians also constitutes a foundational basis
			 for, not merely a function of, congressional legislation regarding Indians
			 because it constitutes an inherent presupposition of our constitutional
			 structure, which provides an inherent limit on the exercise and application of
			 the Indian Commerce Clause and the Treaty Clause of the Constitution;
				(3)the United States
			 fiduciary responsibilities to Indians also are founded in part on specific
			 commitments made through written treaties and agreements securing peace, in
			 exchange for which Indians have surrendered claims to vast tracts of land,
			 which provided legal consideration for permanent, ongoing performance of
			 Federal trust duties; and
				(4)the foregoing
			 historic Federal-tribal relations and understandings have benefitted the people
			 of the United States as a whole for centuries and established enduring and
			 enforceable Federal obligations to which the national honor has been
			 committed.
				102.Congressional
			 reaffirmation of policyPursuant to its constitutionally vested
			 authority over Indian affairs, the Congress hereby reaffirms the following
			 regarding the proper discharge of the United States fiduciary responsibilities
			 to Indians—
				(1)enforceable
			 fiduciary duties necessarily arise when the United States assumes control or
			 supervision over tribal trust assets even though nothing is said expressly in
			 the governing statutes or regulations, unless Congress has expressly specified
			 otherwise;
				(2)in general, the
			 most exacting common-law fiduciary standards which govern private trustees also
			 govern the United States when it manages Indian trust assets, and enforceable
			 Federal trust duties for Indian trust asset management are not limited to the
			 express terms of statutes and regulations;
				(3)the fact that the
			 United States simultaneously performs another task for another interest that
			 Congress has obligated it by statute to do does not compromise or limit the
			 United States enforceable fiduciary obligations to Indians; and
				(4)the United States
			 fiduciary responsibilities to Indian tribes include and are not limited by a
			 duty to promote tribal self-determination regarding governmental authority and
			 economic development.
				IIINDIAN TRUST
			 ASSET MANAGEMENT DEMONSTRATION PROJECT ACT
			201.Short
			 titleThis title may be cited
			 as the Indian Trust Asset Management
			 Demonstration Project Act of 2013.
			202.DefinitionsIn this title:
				(1)ProjectThe
			 term Project means the Indian trust asset management demonstration
			 project established under section 103(a).
				(2)Indian
			 tribeThe term Indian tribe means an Indian tribe
			 that—
					(A)is federally
			 recognized; and
					(B)submits an
			 application under section 203(c).
					(3)SecretaryThe
			 term Secretary means the Secretary of the Interior.
				203.Establishment
			 of demonstration project; selection of participating Indian tribes
				(a)In
			 generalThe Secretary shall establish and carry out an Indian
			 trust asset management demonstration project, in accordance with this
			 title.
				(b)Selection of
			 participating Indian tribes
					(1)Indian
			 tribes
						(A)In
			 generalAny Indian tribe shall be eligible to participate in the
			 Project if—
							(i)the
			 Indian tribe submits to the Secretary an application under subsection (c);
			 and
							(ii)the
			 Secretary approves the application of the Indian tribe.
							(2)Notice
						(A)In
			 generalThe Secretary shall provide a written notice to each
			 Indian tribe approved to participate in the Project.
						(B)ContentsA
			 notice under subparagraph (A) shall include—
							(i)a
			 statement that the application of the Indian tribe has been approved by the
			 Secretary; and
							(ii)a
			 requirement that the Indian tribe shall submit to the Secretary a proposed
			 Indian trust asset management plan in accordance with section 104.
							(c)Application
					(1)In
			 generalTo be eligible to participate in the Project, an Indian
			 tribe shall submit to the Secretary a written application in accordance with
			 paragraph (2).
					(2)RequirementsThe
			 Secretary shall take into consideration an application under this subsection
			 only if the application—
						(A)includes a copy of
			 a resolution or other appropriate action by the governing body of the Indian
			 tribe, as determined by the Secretary, in support of or authorizing the
			 application;
						(B)is received by the
			 Secretary after the date of enactment of this Act; and
						(C)states that the
			 Indian tribe is requesting to participate in the Project.
						(d)DurationThe
			 Project shall remain in effect for a period of 8 years after the date of
			 enactment of this Act.
				204.Indian trust
			 asset management plan
				(a)Proposed
			 plan
					(1)SubmissionAfter the date on which an Indian tribe
			 receives a notice from the Secretary under section 203(b)(2), the Indian tribe
			 shall submit to the Secretary a proposed Indian trust asset management plan in
			 accordance with paragraph (2).
					(2)ContentsA
			 proposed Indian trust asset management plan shall include provisions
			 that—
						(A)identify the trust
			 assets that will be subject to the plan, including financial and nonfinancial
			 trust assets;
						(B)establish trust
			 asset management objectives and priorities for Indian trust assets that are
			 located within the reservation, or otherwise subject to the jurisdiction, of
			 the Indian tribe;
						(C)allocate trust
			 asset management funding that is available for the Indian trust assets subject
			 to the plan in order to meet the trust asset management objectives and
			 priorities;
						(D)if the Indian
			 tribe has contracted or compacted functions or activities under the Indian
			 Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.)
			 relating to the management of trust assets—
							(i)identify the
			 functions or activities that are being performed by the Indian tribe under the
			 contracts or compacts; and
							(ii)describe the
			 proposed management systems, practices, and procedures that the Indian tribe
			 will follow;
							(E)establish
			 procedures for nonbinding mediation or resolution of any dispute between the
			 Indian tribe and the United States relating to the trust asset management
			 plan;
						(F)include a process
			 for the Indian tribe and the Federal agencies affected by the trust asset
			 management plan to conduct annual evaluations to ensure that trust assets are
			 being managed in accordance with the plan; and
						(G)identify any
			 Federal regulations that will be superseded by the plan.
						(3)Authority of
			 Indian tribes to develop systems, practices, and proceduresFor
			 purposes of preparing and carrying out a management plan under this section, an
			 Indian tribe that has compacted or contracted activities or functions under the
			 Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.),
			 for purposes of carrying out the activities or functions, may develop and carry
			 out trust asset management systems, practices, and procedures that differ from
			 any such systems, practices, and procedures used by the Secretary in managing
			 the trust assets if the systems, practices, and procedures of the Indian tribe
			 meet the requirements of the laws, standards, and responsibilities described in
			 subsection (c).
					(4)Technical
			 assistance and informationThe Secretary shall provide to an
			 Indian tribe any technical assistance and information, including budgetary
			 information, that the Indian tribe determines to be necessary for preparation
			 of a proposed plan on receipt of a written request from the Indian
			 tribe.
					(b)Approval and
			 disapproval of proposed plans
					(1)Approval
						(A)In
			 generalNot later than 120 days after the date on which an Indian
			 tribe submits a proposed Indian trust asset management plan under subsection
			 (a), the Secretary shall approve or disapprove the proposed plan.
						(B)Requirements for
			 disapprovalThe Secretary shall approve a proposed plan unless
			 the Secretary determines that—
							(i)the
			 proposed plan fails to address a requirement under subsection (a)(2);
							(ii)the
			 proposed plan includes one or more provisions that are inconsistent with
			 subsection (c); or
							(iii)the cost of
			 implementing the proposed plan exceeds the amount of funding available for the
			 management of trust assets that would be subject to the proposed plan.
							(2)Action on
			 disapproval
						(A)NoticeIf
			 the Secretary disapproves a proposed plan under paragraph (1)(B), the Secretary
			 shall provide to the Indian tribe a written notice of the disapproval,
			 including any reason why the proposed plan was disapproved.
						(B)Action by
			 tribesIf a proposed plan is disapproved under paragraph (1)(B),
			 the Indian tribe may resubmit an amended proposed plan not later than 90 days
			 after the date on which the Indian tribe receives the notice under subparagraph
			 (A).
						(3)Failure to
			 approve or disapproveIf the Secretary fails to approve or
			 disapprove a proposed plan in accordance with paragraph (1), the plan shall be
			 considered to be approved.
					(4)Judicial
			 reviewAn Indian tribe may seek judicial review of the
			 determination of the Secretary in accordance with subchapter II of chapter 5,
			 and chapter 7, of title 5, United States Code (commonly known as the
			 Administrative Procedure Act) if—
						(A)the Secretary
			 disapproves the proposed plan of the Indian tribe under paragraph (1) or (3);
			 and
						(B)the Indian tribe
			 has exhausted any other administrative remedy available to the Indian
			 tribe.
						(c)Applicable laws;
			 standards; trust responsibility
					(1)Applicable
			 lawsAn Indian trust asset management plan, and any activity
			 carried out under the plan, shall not be approved unless the proposed plan is
			 consistent with—
						(A)all Federal
			 treaties, statutes, Executive orders, and court decisions that are applicable
			 to the trust assets, or the management of the trust assets, identified in the
			 plan; and
						(B)all tribal laws
			 that are applicable to the trust assets, or the management of trust assets,
			 identified in the plan, except to the extent that the laws are inconsistent
			 with the treaties, statutes, Executive orders, and court decisions referred to
			 in subparagraph (A).
						(2)StandardsSubject
			 to the laws referred to in paragraph (1)(A), an Indian trust asset management
			 plan shall not be approved unless the Secretary determines that the plan
			 will—
						(A)protect trust
			 assets from loss, waste, and unlawful alienation;
						(B)promote the
			 interests of the beneficial owner of the trust asset;
						(C)conform, to the
			 maximum extent practicable, to the preferred use of the trust asset by the
			 beneficial owner, unless the use is inconsistent with a treaty, statute,
			 regulation, Executive order, or court decision referred to in paragraph
			 (1)(A);
						(D)protect any
			 applicable treaty-based fishing, hunting and gathering, and similar rights
			 relating to the use, access, or enjoyment of a trust asset; and
						(E)require that any
			 activity carried out under the plan be carried out in good faith and with
			 loyalty to the beneficial owner of the trust asset.
						(3)Trust
			 responsibilityAn Indian trust asset management plan shall not be
			 approved unless the Secretary determines that the plan is consistent with the
			 trust responsibility of the United States to the Indian tribe and individual
			 Indians.
					(d)Termination of
			 plan
					(1)In
			 generalAn Indian tribe may terminate an Indian trust asset
			 management plan on any date after the date on which a proposed Indian trust
			 asset management plan is approved by providing to the Secretary—
						(A)a notice of the
			 intent of the Indian tribe to terminate the plan; and
						(B)a resolution of
			 the governing body of the Indian tribe authorizing the termination of the
			 plan.
						(2)Effective
			 dateA termination of an Indian trust asset management plan under
			 paragraph (1) takes effect on October 1 of the first fiscal year following the
			 date on which a notice is provided to the Secretary under paragraph
			 (1)(A).
					205.Effect of
			 title
				(a)LiabilityNothing
			 in this title, or a trust asset management plan approved under section 204,
			 shall independently diminish, increase, create, or otherwise affect the
			 liability of the United States or an Indian tribe participating in the Project
			 for any loss resulting from the management of an Indian trust asset under an
			 Indian trust asset management plan.
				(b)Effect on other
			 lawsExcept for any regulation superseded by a trust asset
			 management plan approved under section 204, nothing in this title amends or
			 otherwise affects the application of any treaty, statute, regulation, Executive
			 order, or court decision that is applicable to Indian trust assets or the
			 management or administration of Indian trust assets.
				(c)Trust
			 responsibilityNothing in this title diminishes or otherwise
			 affects the trust responsibility of the United States to Indian tribes and
			 individual Indians.
				IIIRESTRUCTURING
			 BUREAU OF INDIAN AFFAIRS AND OFFICE OF SPECIAL TRUSTEE
			301.PurposeThe purpose of this title is to ensure a
			 more effective and accountable administration of duties of the Secretary of the
			 Interior with respect to providing services and programs to Indians and Indian
			 tribes, including the management of Indian trust resources.
			302.DefinitionsIn this title:
				(1)BureauThe
			 term Bureau means the Bureau of Indian Affairs.
				(2)OfficeThe
			 term Office means the Office of Trust Reform Implementation and
			 Oversight referred to in section 303(c).
				(3)SecretaryThe
			 term Secretary means the Secretary of the Interior.
				(4)Under
			 secretaryThe term Under Secretary means the
			 individual appointed to the position of Under Secretary for Indian Affairs,
			 established by section 303(a).
				303.Under Secretary
			 for Indian Affairs
				(a)Establishment of
			 positionThere is established in the Department of the Interior
			 the position of Under Secretary for Indian Affairs, who shall report directly
			 to the Secretary.
				(b)Appointment
					(1)In
			 generalExcept as provided in paragraph (2), the Under Secretary
			 shall be appointed by the President, by and with the advice and consent of the
			 Senate.
					(2)ExceptionThe
			 officer serving as the Assistant Secretary for Indian Affairs on the date of
			 enactment of this Act may assume the position of Under Secretary without
			 appointment under paragraph (1) if—
						(A)the officer was
			 appointed as Assistant Secretary for Indian Affairs by the President by and
			 with the advice and consent of the Senate; and
						(B)not later than 180
			 days after the date of enactment of this Act, the Secretary approves the
			 assumption.
						(c)DutiesIn
			 addition to the duties transferred to the Under Secretary under sections 304
			 and 305, the Under Secretary, acting through an Office of Trust Reform
			 Implementation and Oversight, shall—
					(1)carry out any
			 activity relating to trust fund accounts and trust resource management of the
			 Bureau (except any activity carried out under the Office of the Special Trustee
			 for American Indians before the date on which the Office of the Special Trustee
			 is abolished), in accordance with the American Indian Trust Fund Management
			 Reform Act of 1994 (25 U.S.C. 4001 et seq.);
					(2)develop and
			 maintain an inventory of Indian trust assets and resources;
					(3)coordinate with
			 the Special Trustee for American Indians to ensure an orderly transition of the
			 functions of the Special Trustee under section 305;
					(4)supervise any
			 activity carried out by the Department of the Interior, including but not
			 limited to—
						(A)to the extent that
			 the activities relate to Indian affairs, activities carried out by—
							(i)the
			 Commissioner of Reclamation;
							(ii)the
			 Director of the Bureau of Land Management;
							(iii)the Director of
			 the Office of Natural Resources Revenue;
							(iv)the
			 Director of the National Park Service; and
							(v)the
			 Director of the U.S. Fish and Wildlife Service; and
							(B)intergovernmental
			 relations between the Bureau and Indian tribal governments;
						(5)to the maximum
			 extent practicable, coordinate activities and policies of the Bureau with
			 activities and policies of—
						(A)the Bureau of
			 Reclamation;
						(B)the Bureau of Land
			 Management;
						(C)the Office of
			 Natural Resources Revenue;
						(D)the National Park
			 Service; and
						(E)the U.S. Fish and
			 Wildlife Service;
						(6)provide for
			 regular consultation with Indians and Indian tribes that own interests in trust
			 resources and trust fund accounts;
					(7)manage and
			 administer Indian trust resources in accordance with any applicable Federal
			 law;
					(8)take steps to
			 protect the security of data relating to individual Indian and Indian tribal
			 trust accounts; and
					(9)take any other
			 measure the Under Secretary determines to be necessary with respect to Indian
			 affairs.
					304.Transfer of
			 functions of Assistant Secretary for Indian Affairs
				(a)Transfer of
			 functionsThere is transferred to the Under Secretary any
			 function of the Assistant Secretary for Indian Affairs that has not been
			 carried out by the Assistant Secretary as of the date of enactment of this
			 Act.
				(b)Determinations
			 of certain functions by the office of management and budgetIf
			 necessary, the Office of Management and Budget shall make any determination
			 relating to the functions transferred under subsection (a).
				(c)Personnel
			 provisions
					(1)AppointmentsThe
			 Under Secretary may appoint and fix the compensation of such officers and
			 employees as the Under Secretary determines to be necessary to carry out any
			 function transferred under this section.
					(2)RequirementsExcept
			 as otherwise provided by law—
						(A)an officer or
			 employee described in paragraph (1) shall be appointed in accordance with the
			 civil service laws; and
						(B)the compensation
			 of the officer or employee shall be fixed in accordance with title 5, United
			 States Code.
						(d)Delegation and
			 assignment
					(1)In
			 generalExcept as otherwise expressly prohibited by law or
			 otherwise provided by this section, the Under Secretary may—
						(A)delegate any of
			 the functions transferred to the Under Secretary by this section and any
			 function transferred or granted to the Under Secretary after the date of
			 enactment of this Act to such officers and employees of the Office as the Under
			 Secretary may designate; and
						(B)authorize
			 successive redelegations of such functions as the Under Secretary determines to
			 be necessary or appropriate.
						(2)DelegationNo
			 delegation of functions by the Under Secretary under this section shall relieve
			 the Under Secretary of responsibility for the administration of the
			 functions.
					(e)ReorganizationThe
			 Under Secretary may allocate or reallocate any function transferred under this
			 section among the officers of the Office, and establish, consolidate, alter, or
			 discontinue such organizational entities in the Office, as the Under Secretary
			 determines to be necessary or appropriate.
				(f)RulesThe
			 Under Secretary may prescribe, in accordance with the provisions of chapters 5
			 and 6 of title 5, United States Code, such rules and regulations as the Under
			 Secretary determines to be necessary or appropriate to administer and manage
			 the functions of the Office.
				(g)Transfer and
			 allocations of appropriations and personnel
					(1)In
			 generalExcept as otherwise provided in this section, the
			 personnel employed in connection with, and the assets, liabilities, contracts,
			 property, records, and unexpended balances of appropriations, authorizations,
			 allocations, and other funds employed, used, held, arising from, available to,
			 or to be made available in connection with, the functions transferred by this
			 section, subject to section 1531 of title 31, United States Code, shall be
			 transferred to the Office.
					(2)Unexpended
			 fundsUnexpended funds transferred pursuant to this subsection
			 shall be used only for the purposes for which the funds were originally
			 authorized and appropriated.
					(h)Incidental
			 transfers
					(1)In
			 generalThe Director of the Office of Management and Budget, at
			 any time the Director may provide, may make such determinations as are
			 necessary with regard to the functions transferred by this section, and make
			 such additional incidental dispositions of personnel, assets, liabilities,
			 grants, contracts, property, records, and unexpended balances of
			 appropriations, authorizations, allocations, and other funds held, used,
			 arising from, available to, or to be made available in connection with such
			 functions, as are necessary, to carry out this section.
					(2)Termination of
			 affairsThe Director of the Office of Management and Budget shall
			 provide for the termination of the affairs of all entities terminated by this
			 section and for any further measures and dispositions as are necessary to
			 effectuate the purposes of this section.
					(i)Effect on
			 personnel
					(1)In
			 generalExcept as otherwise provided by this section, the
			 transfer pursuant to this section of full-time personnel (except special
			 Government employees) and part-time personnel holding permanent positions shall
			 not cause any such employee to be separated or reduced in grade or compensation
			 for a period of at least 1 year after the date of transfer of the employee
			 under this section.
					(2)Executive
			 schedule positionsExcept as otherwise provided in this section,
			 any person who, on the day preceding the date of enactment of this Act, held a
			 position compensated in accordance with the Executive Schedule prescribed in
			 chapter 53 of title 5, United States Code, and who, without a break in service,
			 is appointed to a position in the Office having duties comparable to the duties
			 performed immediately preceding such appointment shall continue to be
			 compensated in the new position at not less than the rate provided for the
			 previous position, for the duration of the service of the person in the new
			 position.
					(3)Termination of
			 certain positionsPositions whose incumbents are appointed by the
			 President, by and with the advice and consent of the Senate, the functions of
			 which are transferred by this title, shall terminate on the date of enactment
			 of this Act.
					(j)SeparabilityIf
			 a provision of this section or the application of this section to any person or
			 circumstance is held invalid, neither the remainder of this section nor the
			 application of the provision to other persons or circumstances shall be
			 affected.
				(k)TransitionThe
			 Under Secretary may use—
					(1)the services of
			 the officers, employees, and other personnel of the Assistant Secretary for
			 Indian Affairs relating to functions transferred to the Office by this section;
			 and
					(2)funds appropriated
			 to the functions for such period of time as may reasonably be needed to
			 facilitate the orderly implementation of this section.
					(l)ReferencesAny
			 reference in a Federal law, Executive order, rule, regulation, delegation of
			 authority, or document relating to the Assistant Secretary for Indian Affairs,
			 with respect to functions transferred under this section, shall be deemed to be
			 a reference to the Under Secretary.
				(m)Recommended
			 legislationNot later than 180 days after the effective date of
			 this title, the Under Secretary, in consultation with the appropriate
			 committees of Congress and the Director of the Office of Management and Budget,
			 shall submit to Congress any recommendations relating to additional technical
			 and conforming amendments to Federal law to reflect the changes made by this
			 section.
				(n)Effect of
			 section
					(1)Continuing
			 effect of legal documentsAny legal document relating to a
			 function transferred by this section that is in effect on the date of enactment
			 of this Act shall continue in effect in accordance with the terms of the
			 document until the document is modified or terminated by—
						(A)the
			 President;
						(B)the Under
			 Secretary;
						(C)a court of
			 competent jurisdiction; or
						(D)operation of
			 Federal or State law.
						(2)Proceedings not
			 affectedThis section shall not affect any proceeding (including
			 a notice of proposed rulemaking, an administrative proceeding, and an
			 application for a license, permit, certificate, or financial assistance)
			 relating to a function transferred under this section that is pending before
			 the Assistant Secretary on the date of enactment of this Act.
					305.Office of
			 Special Trustee for American Indians
				(a)TerminationNotwithstanding
			 sections 302 and 303 of the American Indian Trust Fund Management Reform Act of
			 1994 (25 U.S.C. 4042; 4043), the Office of Special Trustee for American Indians
			 shall terminate on the effective date of this section.
				(b)Transfer of
			 functionsThere is transferred to the Under Secretary any
			 function of the Special Trustee for American Indians that has not been carried
			 out by the Special Trustee as of the effective date of this section.
				(c)Determinations
			 of certain functions by the office of management and budgetIf
			 necessary, the Office of Management and Budget shall make any determination
			 relating to the functions transferred under subsection (b).
				(d)Personnel
			 provisions
					(1)AppointmentsThe
			 Under Secretary may appoint and fix the compensation of such officers and
			 employees as the Under Secretary determines to be necessary to carry out any
			 function transferred under this section.
					(2)RequirementsExcept
			 as otherwise provided by law—
						(A)any officer or
			 employee described in paragraph (1) shall be appointed in accordance with the
			 civil service laws; and
						(B)the compensation
			 of such an officer or employee shall be fixed in accordance with title 5,
			 United States Code.
						(e)Delegation and
			 assignment
					(1)In
			 generalExcept as otherwise expressly prohibited by law or
			 otherwise provided by this section, the Under Secretary may—
						(A)delegate any of
			 the functions transferred to the Under Secretary under this section and any
			 function transferred or granted to the Under Secretary after the effective date
			 of this section to such officers and employees of the Office as the Under
			 Secretary may designate; and
						(B)authorize
			 successive redelegations of the functions as are necessary or
			 appropriate.
						(2)DelegationNo
			 delegation of functions by the Under Secretary under this section shall relieve
			 the Under Secretary of responsibility for the administration of the
			 functions.
					(f)ReorganizationThe
			 Under Secretary may allocate or reallocate any function transferred under
			 subsection (b) among the officers of the Office, and establish, consolidate,
			 alter, or discontinue such organizational entities in the Office as the Under
			 Secretary determines to be necessary or appropriate.
				(g)RulesThe
			 Under Secretary may prescribe, in accordance with the provisions of chapters 5
			 and 6 of title 5, United States Code, such rules and regulations as the Under
			 Secretary determines to be necessary or appropriate to administer and manage
			 the functions of the Office.
				(h)Transfer and
			 Allocations of Appropriations and PersonnelExcept as otherwise
			 provided in this section, the personnel employed in connection with, and the
			 assets, liabilities, contracts, property, records, and unexpended balances of
			 appropriations, authorizations, allocations, and other funds employed, used,
			 held, arising from, available to, or to be made available in connection with
			 the functions transferred by this section, subject to section 1531 of title 31,
			 United States Code, shall be transferred to the Office.
				(i)Incidental
			 transfers
					(1)In
			 generalThe Director of the Office of Management and Budget, at
			 any time the Director may provide, may make such determinations as are
			 necessary with regard to the functions transferred by this section, and make
			 such additional incidental dispositions of personnel, assets, liabilities,
			 grants, contracts, property, records, and unexpended balances of
			 appropriations, authorizations, allocations, and other funds held, used,
			 arising from, available to, or to be made available in connection with such
			 functions, as are necessary, to carry out this section.
					(2)Termination of
			 affairsThe Director of the Office of Management and Budget shall
			 provide for the termination of the affairs of all entities terminated by this
			 section and for any further measures and dispositions as are necessary to
			 effectuate the purposes of this section.
					(j)Effect on
			 personnel
					(1)In
			 generalExcept as otherwise provided by this section, the
			 transfer pursuant to this section of full-time personnel (except special
			 Government employees) and part-time personnel holding permanent positions shall
			 not cause any such employee to be separated or reduced in grade or compensation
			 for a period of at least 1 year after the date of transfer of the employee
			 under this section.
					(2)Executive
			 schedule positionsExcept as otherwise provided in this section,
			 any person who, on the day preceding the effective date of this section, held a
			 position compensated in accordance with the Executive Schedule prescribed in
			 chapter 53 of title 5, United States Code, and who, without a break in service,
			 is appointed to a position in the Office having duties comparable to the duties
			 performed immediately preceding such appointment, shall continue to be
			 compensated in the new position at not less than the rate provided for the
			 previous position, for the duration of the service of the person in the new
			 position.
					(3)Termination of
			 certain positionsPositions the incumbents of which are appointed
			 by the President, by and with the advice and consent of the Senate, and the
			 functions of which are transferred by this title, shall terminate on the
			 effective date of this section.
					(k)SeparabilityIf
			 a provision of this section or the application of this section to any person or
			 circumstance is held invalid, neither the remainder of this section nor the
			 application of the provision to other persons or circumstances shall be
			 affected.
				(l)TransitionThe
			 Under Secretary may use—
					(1)the services of
			 the officers, employees, and other personnel of the Special Trustee relating to
			 functions transferred to the Office by this section; and
					(2)funds appropriated
			 to those functions for such period of time as may reasonably be needed to
			 facilitate the orderly implementation of this section.
					(m)ReferencesAny
			 reference in a Federal law, Executive order, rule, regulation, delegation of
			 authority, or document relating to the Special Trustee, with respect to
			 functions transferred under this section, shall be deemed to be a reference to
			 the Under Secretary.
				(n)Recommended
			 legislationNot later than 180 days after the effective date of
			 this title, the Under Secretary, in consultation with the appropriate
			 committees of Congress and the Director of the Office of Management and Budget,
			 shall submit to Congress any recommendations relating to additional technical
			 and conforming amendments to Federal law to reflect the changes made by this
			 section.
				(o)Effect of
			 section
					(1)Continuing
			 effect of legal documentsAny legal document relating to a
			 function transferred by this section that is in effect on the effective date of
			 this section shall continue in effect in accordance with the terms of the
			 document until the document is modified or terminated by—
						(A)the
			 President;
						(B)the Under
			 Secretary;
						(C)a court of
			 competent jurisdiction; or
						(D)operation of
			 Federal or State law.
						(2)Proceedings not
			 affectedThis section shall not affect any proceeding (including
			 a notice of proposed rulemaking, an administrative proceeding, and an
			 application for a license, permit, certificate, or financial assistance)
			 relating to a function transferred under this section that is pending before
			 the Special Trustee on the effective date of this section.
					(p)Effective
			 dateThis section shall take effect on April 1, 2014, or 180 days
			 following enactment of this Act into law, whichever is earlier.
				306.Cost savings
			 recommendations
				(a)Cost savings
			 identificationWithin 60 days of the effective date in section
			 305(p), the Under Secretary shall initiate procedures to—
					(1)identify the
			 programs, functions, services, and activities (or any portions of programs,
			 functions, services, or activities) that will not have to operate or carry out
			 as a result of any transfer of functions and personnel under section
			 305;
					(2)identify the
			 amounts that the Secretary would have otherwise expended to operate or carry
			 out each program, function, service, and activity (or any portion of a program,
			 function, service, or activity) identified pursuant to paragraph (1);
			 and
					(3)provide to the
			 Secretary and the tribal representatives of the Tribal/Interior Budget Council,
			 within 120 days of the effective date in section 305(p), a list of the
			 programs, functions, services, and activities (or any portions of programs,
			 functions, services, or activities) identified pursuant paragraph (1) and the
			 amounts associated with each program, function, service, and activity (or any
			 portion of a program, function, service, or activity) identified pursuant to
			 paragraph (2).
					(b)Tribal
			 recommendationsWithin 120 days of receipt of the information in
			 subsection (a)(3), the tribal representatives of the Tribal/Interior Budget
			 Council may provide recommendations to the Secretary and the Office of
			 Management and Budget on how any amounts or cost savings should be reallocated
			 and/or incorporated into future budget requests.
				307.Hiring
			 preferenceIn appointing or
			 otherwise hiring any employee to the Office, the Under Secretary shall give
			 preference to Indians in accordance with section 12 of the Act of June 8, 1934
			 (25 U.S.C. 472).


		IV
		111th CONGRESS
		2d Session
		H. RES. 1018
		IN THE HOUSE OF REPRESENTATIVES

			January 19, 2010
			Mr. McDermott (for
			 himself, Mr. Blumenauer,
			 Mr. Ellison,
			 Mr. Welch,
			 Mr. Honda,
			 Ms. Schakowsky,
			 Mr. George Miller of California,
			 Mr. Courtney,
			 Mr. Berman,
			 Mr. Becerra,
			 Ms. Linda T. Sánchez of California,
			 Mr. Doggett,
			 Mr. Grijalva,
			 Ms. DeLauro,
			 Ms. Kaptur,
			 Ms. Sutton,
			 Mr. Connolly of Virginia,
			 Ms. Woolsey,
			 Ms. Hirono,
			 Mr. Nadler of New York,
			 Ms. Eshoo,
			 Mrs. Capps,
			 Mr. Tonko,
			 Mr. Braley of Iowa,
			 Mr. Cohen,
			 Ms. Jackson Lee of Texas, and
			 Mr. Farr) submitted the following
			 resolution; which was referred to the Committee on Rules

		RESOLUTION
		Requesting the Senate to adjust its rules
		  to reflect the intent of the framers of the Constitution by amending the
		  Senate’s filibuster rule, Rule 22, to facilitate the consideration of bills and
		  amendments.

		Whereas the Constitution requires a super majority in
			 certain circumstances only and, in all other votes, a simple majority was
			 intended to be sufficient;
		Whereas the procedural filibuster rule of the Senate
			 effectively removes the Vice President’s constitutional right to cast a vote
			 when the Senate is equally divided;
		Whereas the Senate’s filibuster rule, Rule 22, extends the
			 power of individual Senators and the minority in the Senate beyond the power
			 intended by the Constitution;
		Whereas the Constitution does not contemplate in letter or
			 spirit allowing a single member of Congress in either house, or the party in
			 the minority in either house, to prevent votes from being taken on bills and
			 amendments; and
		Whereas the Senate’s filibuster rule prevents the majority
			 from governing and, therefore, distorts the outcome of elections: Now,
			 therefore, be it

		That the House of Representatives requests
			 the Senate to adjust its rules to reflect the intent of the framers of the
			 Constitution by amending the Senate’s filibuster rule, Rule 22, to facilitate
			 the consideration of bills and amendments.


114 HR 908 IH: California Coastal National Monument Santa Cruz Redwoods Expansion Act
U.S. House of Representatives
2015-02-12
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I
114th CONGRESS
1st Session
H. R. 908
IN THE HOUSE OF REPRESENTATIVES

February 12, 2015
Ms. Eshoo introduced the following bill; which was referred to the Committee on Natural Resources

A BILL
To include the Santa Cruz Redwoods Public Lands in the California Coastal National Monument as a part of the National Landscape Conservation System, and for other purposes.

1.Short title; definitions
(a)Short titleThis Act may be cited as the California Coastal National Monument Santa Cruz Redwoods Expansion Act. (b)DefinitionsIn this Act:
(1)MapThe term map means the map created by the Bureau of Land Management, entitled Santa Cruz Redwoods California Coastal National Monument Addition and dated February 3, 2015. (2)MonumentThe term Monument means the California Coastal National Monument established by Presidential Proclamation 7264.
(3)Santa Cruz Redwoods Public LandsThe term Santa Cruz Redwoods Public Lands means the Federal land comprising approximately 5,800 acres in Santa Cruz County, California, as generally depicted on the map. (4)Presidential proclamation 7264The term Presidential Proclamation 7264 means Presidential Proclamation Number 7264, dated January 11, 2000 (65 Fed. Reg. 2821).
(5)SecretaryThe term Secretary means the Secretary of the Interior. 2.Findings; purpose (a)FindingsCongress finds that—
(1)the Santa Cruz Redwoods Public Lands contain significant and diverse natural landscapes including six watersheds, redwood and riparian forests, freshwater wetlands, and rolling coastal terrace grasslands in the Santa Cruz Mountains that should be preserved for present and future generations; (2)the Santa Cruz Redwoods Public Lands are habitat for numerous wildlife populations including endangered and rare species such as the California red-legged frog, the American peregrine falcon, coho salmon, and steelhead trout;
(3)the ocean and coastal ecosystems adjacent to and visible from the Santa Cruz Redwoods Public Lands are within the California Coastal Monument, and contain habitat for endangered and unique marine species including gray whales, sea otters, and harbor seals; (4)the Santa Cruz Redwoods Public Lands contain threatened vegetation communities such as purple needlegrass and riparian red alder forest;
(5)the Santa Cruz Redwoods Public Lands and surrounding coastal lands have been used by humans since prehistoric times and were historically inhabited by the native Ohlone people; (6)the Santa Cruz Redwoods Public Lands are historically associated with adjacent lands managed for the enjoyment of current and future generations, including Coast Dairies State Park and Wilder Ranch State Park;
(7)the Santa Cruz Redwoods Public Lands represent a model partnership where future management can be successfully accomplished among the Federal Government, State of California, Santa Cruz County, local communities, and private landowners; (8)permanent protection of the Santa Cruz Redwoods Public Lands will provide important economic benefits to surrounding communities, and has broad public support in the community;
(9)the Santa Cruz Redwoods Public Lands will make a significant addition to the California Coastal National Monument and National Landscape Conservation System administered by the Bureau of Land Management of the Department of the Interior; and (10)statutory protection would ensure that the Santa Cruz Redwoods Public Lands remain a part of the historical, cultural, and natural heritage of the United States and a source of inspiration for the people of the United States.
(b)PurposeThe purpose of this Act is to protect, conserve, and enhance for the benefit and enjoyment of present and future generations the unique and nationally important historical, natural, cultural, scientific, educational, and scenic values of the Santa Cruz Redwoods Public Lands, while allowing certain recreational and research activities to continue. 3.Expansion of California coastal national monument (a)In generalThe boundary of the Monument established by Presidential Proclamation 7264 is expanded to include the Federal land shown on the map.
(b)Map and legal description
(1)In generalAs soon as practicable after the date of enactment of this Act, the Secretary shall create a map and boundary description of the land added to the Monument by this Act. (2)Force and effectThe map and boundary description described under paragraph (1) shall have the same force and effect as if included in this Act, except that the Secretary may correct any minor errors in the map and boundary descriptions.
(3)Availability of map and boundary descriptionThe map and boundary description described under paragraph (1) shall be on file and available for public inspection in appropriate offices of the Bureau of Land Management. 4.Administration (a)In generalSubject to valid existing rights, the Secretary shall manage the land added to the Monument by this Act—
(1)as a part of the Monument; (2)by allowing only such uses of the Monument as will further the purposes for which the Monument is established; and
(3)in accordance with Presidential Proclamation 7264. (b)Management plan (1)In generalNot later than 2 years after the date of enactment of this Act, the Secretary shall finalize an amendment to the Monument management plan for the long-term protection and management of the land added to the Monument by this Act.
(2)RequirementsThe plan amendment shall— (A)be developed with an opportunity for full public participation; and
(B)describe the appropriate uses and management of the land consistent with this Act. (c)Motorized and mechanized transportExcept as needed for emergency or authorized administrative purposes, the use of motorized and mechanized vehicles in the Monument shall be permitted only on roads and trails designated for their use.
(d)Incorporation of land and interests
(1)AuthorityThe Secretary may acquire non-Federal land or interests in land within or adjacent to the land added to the Monument by this Act only through exchange, donation, or purchase from a willing seller. (2)ManagementAny land or interests in land within or adjacent to the land added to the Monument by this Act acquired by the United States after the date of enactment of this Act shall be added to and administered as part of the Monument.
(e)OverflightsNothing in this Act— (1)restricts or precludes overflights, including low-level overflights or military, commercial, and general aviation overflights that can be seen or heard within the land added to the Monument by this Act;
(2)restricts or precludes the designation or creation of new units of special use airspace or the establishment of military flight training routes over the land added to the Monument by this Act; or (3)modifies regulations governing low-level overflights above the adjacent Monterey Bay National Marine Sanctuary.
(f)RestorationNothing in this Act affects the ongoing restoration and reclamation being performed pursuant to the December 2, 1968 lease between the Coast Dairies and Land Company and the Lone Star Cement Corporation, or under a renegotiation or renewal of that lease, as long as such restoration and reclamation furthers the purpose of the Monument described in section 2(b) and is performed in accordance with— (1)the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and
(2)any other applicable law. (g)Native American usesNothing in this Act enlarges, diminishes, or modifies the rights of any Indian Tribe or Indian religious community.
(h)Buffer zones
(1)In generalThe expansion of the Monument is not intended to lead to the establishment of protective perimeters or buffer zones around the land included in the Monument by this Act. (2)Activities outside the monumentThe fact that activities outside the Monument can be seen or heard within the land added to the Monument by this Act shall not, of itself, preclude those activities or uses up to the boundary of the Monument.
(i)GrazingNothing in this Act affects the grazing of livestock within the Santa Cruz Redwoods Public Lands. (j)WithdrawalSubject to valid existing rights, all Federal land within the Santa Cruz Redwoods expansion to the Monument is withdrawn from—
(1)entry, appropriation, or disposal under the public land laws; (2)location, entry, and patent under the mining laws; and
(3)leasing or disposition under all laws relating to— (A)minerals; and
(B)operation of the mineral leasing, mineral materials, and geothermal leasing laws. (k)National landscape conservation systemThe Secretary shall manage the Monument as part of the National Landscape Conservation System.