		II
		110th CONGRESS
		2d Session
		S. 3157
		IN THE SENATE OF THE UNITED
		  STATES

			June 18, 2008
			Mr. Kyl introduced the
			 following bill; which was read twice and referred to the
			 Committee on Energy and Natural
			 Resources

		A BILL
		To provide for the exchange and conveyance
		  of certain National Forest System land and other land in southeast Arizona, and
		  for other purposes.

		1.Short titleThis Act may be cited as the
			 Southeast Arizona Land Exchange and
			 Conservation Act of 2008.
		2.PurposesThe purposes of this Act are—
			(1)to advance the public interest by
			 authorizing, directing, facilitating, and expediting the conveyance and
			 exchange of land between the United States and Resolution Copper Mining, LLC;
			 and
			(2)to provide for the permanent protection of
			 cultural and other resources and uses of the Apache Leap escarpment located in
			 close proximity to the town of Superior, Arizona.
			3.DefinitionsIn this Act:
			(1)Apache LeapThe term Apache Leap means the
			 approximately 695 acres of land referred to as the Apache Leap
			 Conservation Easement Area on the map entitled Apache Leap
			 Conservation Easement Area, dated November 2006.
			(2)Federal landThe term Federal land means
			 the approximately 3,025 acres of land located in Pinal County, Arizona,
			 depicted on the map entitled Southeast Arizona Land Exchange and
			 Conservation Act of 2005—Federal Parcel—Oak Flat, dated January
			 2005.
			(3)GranteeThe term grantee means the 1
			 or more entities that are granted the permanent conservation easement under
			 section 6(a).
			(4)Non-Federal landThe term non-Federal land
			 means the land described in section 4(b)(1).
			(5)Oak Flat CampgroundThe term Oak Flat Campground
			 means the campground that is—
				(A)comprised of approximately 16 developed
			 campsites (including the approximately 75 acres adjacent to the campsites);
			 and
				(B)generally depicted on the map entitled
			 Oak Flat Campground, dated May 2008.
				(6)Resolution copperThe term Resolution Copper
			 means—
				(A)Resolution Copper Mining, LLC, a Delaware
			 limited liability company; and
				(B)any successor, assign, affiliate, member,
			 or joint venturer of Resolution Copper Mining, LLC.
				(7)SecretaryThe term Secretary means the
			 Secretary of Agriculture.
			(8)TownThe term Town means the Town
			 of Superior, Arizona, which is an incorporated municipality.
			4.Land conveyances and exchanges.
			(a)In generalOn receipt from Resolution Copper of a
			 written offer to convey to the United States all right, title, and interest of
			 Resolution Copper in and to the non-Federal land that is acceptable to the
			 Secretary or the Secretary of the Interior, as appropriate, and that conforms
			 to the title approval standards of the Attorney General applicable to Federal
			 land acquisitions, the Secretary shall—
				(1)accept the offer; and
				(2)convey to Resolution Copper all right,
			 title, and interest of the United States in and to the Federal land, subject to
			 any valid existing right or title reservation, easement, or other exception
			 required by law or agreed to by the Secretary and Resolution Copper.
				(b)Conveyance of landOn receipt of title to the Federal land
			 under subsection (a), Resolution Copper shall simultaneously convey—
				(1)to the Secretary, all right, title, and
			 interest that the Secretary determines to be acceptable in and to—
					(A)the approximately 147 acres of land located
			 in Gila County, Arizona, depicted on the map entitled Southeast Arizona
			 Land Exchange and Conservation Act of 2005—Non-Federal Parcel—Turkey
			 Creek, dated January 2005;
					(B)the approximately 148 acres of land located
			 in Yavapai County Arizona, depicted on the map entitled Southeast
			 Arizona Land Exchange and Conservation Act of 2005—Non-Federal Parcel—Tangle
			 Creek, dated January 2005;
					(C)the approximately 149 acres of land located
			 in Maricopa County, Arizona, depicted on the map entitled Southeast
			 Arizona Land Exchange and Conservation Act of 2005—Non-Federal Parcel—Cave
			 Creek, dated January 2005;
					(D)the approximately 266 acres of land located
			 in Pinal County, Arizona, depicted on the map entitled Southeast Arizona
			 Land Exchange and Conservation Act of 2005—Non-Federal Parcel—JI Ranch,
			 dated January 2005;
					(E)the approximately 640 acres of land located
			 in Coconino County, Arizona, depicted on the map entitled Southeast
			 Arizona Land Exchange and Conservation Act of 2005—Non-Federal Parcel—East
			 Clear Creek, dated August 2005; and
					(F)the approximately 95 acres of land located
			 in Pinal County, Arizona, depicted on the map entitled Southeast Arizona
			 Land Exchange and Conservation Act of 2008—Non-Federal Parcel—The Pond,
			 dated May 2008; and
					(2)to the Secretary of the Interior, all
			 right, title, and interest that the Secretary of the Interior determines to be
			 acceptable in and to—
					(A)the approximately 3,073 acres of land
			 located in Pinal County, Arizona, depicted on the map entitled Lower San
			 Pedro River Parcel, dated May 31, 2006;
					(B)the approximately 160 acres of land located
			 in Gila and Pinal Counties, Arizona, depicted on the map entitled
			 Southeast Arizona Land Exchange and Conservation Act of 2005—Non-Federal
			 Parcel—Dripping Springs, dated August 2005; and
					(C)the approximately 956 acres of land located
			 in Santa Cruz County, Arizona, depicted on the map entitled Southeast
			 Arizona Land Exchange and Conservation Act of 2008—Non-Federal Parcel—Appleton
			 Ranch, dated May 2008.
					(c)Conveyance of land to town
				(1)In generalSubject to paragraph (2), not later than 90
			 days after the date on which the exchange under subsection (b) is completed, on
			 receipt of a request from the Town for any parcel of land described in
			 paragraph (2), the Secretary shall convey to the Town, for a price equal to
			 market value, as appraised under section 5 and subject to any credit under
			 section 5(b)(3), each parcel of land that the Town requests.
				(2)Eligible parcelsThe Town may request—
					(A)the approximately 30 acres of land located
			 in Pinal County, Arizona, occupied on the date of enactment of this Act by the
			 Fairview Cemetery and depicted on the map entitled Southeast Arizona
			 Land Exchange and Conservation Act of 2005—Federal Parcel—Fairview
			 Cemetery, dated January 2005;
					(B)the reversionary interest, and any reserved
			 mineral interest, of the United States in the approximately 265 acres of land
			 located in Pinal County, Arizona, depicted on the map entitled Southeast
			 Arizona Land Exchange and Conservation Act of 2005—Federal Reversionary
			 Interest—Superior Airport, dated January 2005; and
					(C)the approximately 181 acres of land located
			 in Pinal County, Arizona, depicted on the map entitled Southeast Arizona
			 Land Exchange and Conservation Act of 2005—Federal Parcel—Superior Airport
			 Contiguous Parcel, dated June 2005.
					(3)Condition of conveyanceAny conveyance of land under paragraph (1)
			 shall be carried out in a manner that provides the United States manageable
			 boundaries on any parcel retained by the Secretary, to the maximum extent
			 practicable.
				(d)Timing of exchangeIt is the intent of Congress that the land
			 exchange directed by subsection (b) should be completed not later than 1 year
			 after the date of enactment of this Act.
			(e)Costs of conveyances and
			 exchangesIn accordance with
			 sections 254.4 and 254.7 of title 36, Code of Federal Regulations (or successor
			 regulations), Resolution Copper shall assume responsibility for—
				(1)hiring any contractors determined by the
			 Secretary to be necessary for carrying out an exchange or conveyance under
			 subsection (a), (b), or (c); and
				(2)paying, without compensation—
					(A)the costs of each appraisal relating to the
			 exchange or conveyance under subsection (a), (b), or (c), including any
			 reasonable reimbursements to the Secretary on request of the Secretary for the
			 cost of reviewing and approving an appraisal;
					(B)the costs of any hazardous materials
			 survey, mitigation requirement, clearance, or land survey, including any
			 necessary land surveys conducted by the Bureau of Land Management Cadastral
			 Survey; and
					(C)any other cost agreed to by Resolution
			 Copper and the Secretary.
					(f)Contractor work and approvals
				(1)In generalAny work relating to the exchange or
			 conveyance of land that is performed by a contractor shall be subject to the
			 mutual agreement of the Secretary and Resolution Copper, including any
			 agreement with respect to—
					(A)the selection of the contractor; and
					(B)the scope of work performed by the
			 contractor.
					(2)Review and approvalAny required review and approval of work by
			 a contractor shall be performed by the Secretary in accordance with applicable
			 law (including regulations).
				(3)Lead actorThe Secretary and the Secretary of the
			 Interior may mutually agree to designate the Secretary as the lead actor for
			 any action under this subsection.
				(g)Pre-exchange processingBefore completing the land exchange under
			 subsection (b), the Secretary or the Secretary of the Interior, as appropriate,
			 shall complete—
				(1)any necessary land survey; and
				(2)any required clearance, review, mitigation
			 activity, or approval relating to any threatened and endangered species,
			 cultural or historic resource, wetlands and floodplains, or hazardous
			 material.
				(h)Post-exchange processingBefore commencing production in commercial
			 quantities of any valuable mineral from the Federal land conveyed to Resolution
			 Copper pursuant to subsection (a)(2) (except for any such production from any
			 exploration and mine development shafts, adits, and tunnels needed to determine
			 feasibility and pilot plant testing of commercial production or to access the
			 ore body and tailings deposition areas), the Secretary shall publish an
			 environmental impact statement in accordance with section 102(2)(C) of the
			 National Environmental Policy Act of 1969 (42 U.S.C.4322(2)(C)) regarding any
			 Federal agency action carried out relating to the commercial production,
			 including an analysis of the impacts of the production.
			5.Valuation of land exchanged or
			 conveyed
			(a)Exchange valuation
				(1)In generalThe value of the land exchanged or conveyed
			 under subsection (a), (b), or (c) of section 4 (including any reversionary
			 interest) shall be determined by the Secretary through 1 or more appraisals
			 conducted in accordance with paragraph (2).
				(2)Appraisals
					(A)In generalAn appraisal under this section shall
			 be—
						(i)performed by an appraiser mutually agreed
			 to by the Secretary and Resolution Copper;
						(ii)performed in accordance with—
							(I)the Uniform Appraisal Standards for Federal
			 Land Acquisitions (Department of Justice, 5th Edition, December 20,
			 2000);
							(II)the Uniform Standards of Professional
			 Appraisal Practice; and
							(III)Forest Service appraisal instructions;
			 and
							(iii)submitted to the Secretary for review and
			 approval.
						(B)Reappraisals and updated appraised
			 valuesAfter the final
			 appraised value of a parcel is determined and approved under subparagraph (A),
			 the Secretary shall not be required to reappraise or update the final appraised
			 value—
						(i)for a period of 3 years after the approval
			 by the Secretary of the final appraised value under subparagraph (A)(iii);
			 or
						(ii)at all, after an exchange agreement is
			 entered into by Resolution Copper and the Secretary.
						(C)Public reviewBefore carrying out a land exchange under
			 section 4, the Secretary shall make available for public review a summary of
			 the appraisals of the land to be exchanged.
					(3)Failure to agreeIf the Secretary and Resolution Copper fail
			 to agree on the value of a parcel to be exchanged, the final value of the
			 parcel shall be determined in accordance with section 206(d) of the Federal
			 Land Policy and Management Act of 1976 (43 U.S.C. 1716(d)).
				(4)Federal land appraisal
					(A)Treatment as unencumbered
						(i)In generalSubject to clause (ii), the value of the
			 Federal land shall be determined as if the land is unencumbered by any
			 unpatented mining claims of Resolution Copper.
						(ii)EffectNothing in this Act affects the validity of
			 any unpatented mining claim or right of Resolution Copper.
						(B)Appraisal informationTo provide any information necessary to
			 calculate a value adjustment payment for purposes of section 10, the appraisal
			 under this paragraph shall include a detailed royalty income approach analysis,
			 in accordance with the Uniform Appraisal Standards for Federal Land
			 Acquisition, of the market value of the Federal land, regardless of whether
			 that analysis does not reflect the appraisal approach relied on by the
			 appraiser to determine the final market value of the Federal land.
					(b)Equalization of value-surplus of Federal
			 land value
				(1)In generalIf the final appraised value of the Federal
			 land exceeds the value of the non-Federal land, Resolution Copper shall make a
			 cash equalization payment to the Secretary to equalize the values of the
			 Federal land and non-Federal land.
				(2)Amount of paymentNotwithstanding section 206(b) of the
			 Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716(b)), the
			 Secretary may accept a cash equalization payment under paragraph (1) in an
			 amount that is greater than 25 percent of the value of the Federal land.
				(3)Disposition and use of
			 proceedsA cash equalization
			 payment received by the Secretary under paragraph (1) shall—
					(A)without further appropriation, be deposited
			 in the Federal Land Disposal Account established by section 206(a) of the
			 Federal Land Transaction Facilitation Act (43 U.S.C. 2305(a)); and
					(B)regardless of whether that account is
			 terminated, remain available to the Secretary and the Secretary of the
			 Interior, as jointly determined to be appropriate, for—
						(i)the acquisition from willing sellers,
			 during the 2-year period beginning on the date on which the payment is
			 deposited in the Federal Land Disposal Account, of land or interests in land
			 within the hydrographic boundary of the San Pedro River (including tributaries)
			 in the State of Arizona; or
						(ii)the management and protection of endangered
			 species and other sensitive land or environmental values in the San Pedro
			 Riparian National Conservation Area established by section 101 of the
			 Arizona-Idaho Conservation Act of 1988 (16 U.S.C. 460xx), including management
			 under any applicable cooperative agreement between the Secretary of the
			 Interior and an appropriate State or local agency or qualified organization
			 under section 103(c) of that Act (16 U.S.C. 460xx–2(c)).
						(c)Surplus of non-Federal land
			 valueIf the final appraised
			 value of the non-Federal land exceeds the value of the Federal land involved in
			 the exchange under section 4—
				(1)the Secretary shall not make a payment to
			 Resolution Copper to equalize the values of the land; and
				(2)the surplus value of the non-Federal
			 consideration shall be considered a donation by Resolution Copper to the United
			 States.
				(d)Payment for land conveyed to town
				(1)In generalThe Town shall pay the Secretary market
			 value for any land acquired by the Town from the Secretary under section 4(c),
			 as determined by the Secretary through an appraisal conducted in accordance
			 with subsection (a)(2).
				(2)CreditIf the final appraised value of the
			 non-Federal land exceeds the value of the Federal land in the exchange under
			 section 4, the obligation of the Town to pay the United States under paragraph
			 (1) shall be reduced by an amount equal to the excess value of the non-Federal
			 consideration.
				(3)DepositsThe Secretary shall deposit any amounts
			 received from the Town under this subsection in the fund established under
			 Public Law 90–171 (commonly known as the Sisk Act) (16 U.S.C.
			 484a).
				(4)Use of fundsAmounts deposited under paragraph (3) shall
			 be available to the Secretary until expended, without further appropriation,
			 for the acquisition of land or interests in land in the National Forest System
			 in the State of Arizona.
				(e)Conforming amendmentSection 103(c) of the Arizona-Idaho
			 Conservation Act of 1988 (16 U.S.C. 460xx–2(c)) is amended by inserting
			 or qualified organizations (as defined in section 170(h) of the Internal
			 Revenue Code of l986) after State and local
			 agencies.
			6.Apache Leap natural and cultural resource
			 conservation easement
			(a)In generalTo protect the scenic, cultural, historic,
			 educational, and natural resource values of the Apache Leap escarpment, as a
			 condition of the land exchange under section 4, Resolution Copper shall deliver
			 to the Secretary an executed document granting a permanent conservation
			 easement for the easement area to an entity that is—
				(1)a qualified unit of government or Indian
			 tribe; or
				(2)a land trust or other qualified
			 organization as defined in section 170(h) of the Internal Revenue Code of
			 1986.
				(b)Easement areaThe area of the conservation easement under
			 this section shall be the surface estate of Apache Leap.
			(c)TermsThe conservation easement under this
			 section—
				(1)shall—
					(A)prohibit surface development of the
			 easement area by Resolution Copper, except for a fence, sign, monitoring
			 device, or other improvement for an administrative, public health and safety,
			 or other appropriate purpose, as determined by Resolution Copper and any
			 grantee of the conservation easement;
					(B)prohibit commercial mineral extraction
			 under the easement area; and
					(C)provide for appropriate nonmotorized public
			 access to and use of the easement area, as determined by Resolution Copper and
			 any grantee of the conservation easement; and
					(2)may contain such other terms and conditions
			 as the grantor or grantee of the conservation easement, in consultation with
			 the Town, interested Indian tribes, and any other interested parties,
			 determines to be appropriate to conserve, protect, enhance, and manage the
			 cultural and historic resources and traditional uses of the easement
			 area.
				(d)EndowmentAs a condition of the conveyance under
			 section 4(a), Resolution Copper shall pay to the grantee of the conservation
			 easement under this section $250,000, to be used by the grantee of the
			 conservation easement—
				(1)to monitor the easement;
				(2)to enforce the borders of the
			 easement;
				(3)to carry out any administrative activity
			 relating to the easement; and
				(4)to provide such additional protections,
			 access, or alternative access as may be determined appropriate pursuant to
			 subsection (f).
				(e)Role of Secretary
				(1)In generalThe Secretary—
					(A)may be consulted during the preparation and
			 drafting of the executed document granting a permanent conservation easement to
			 the easement area under subsection (a); but
					(B)unless otherwise agreed to by the Secretary
			 and Resolution Copper, shall not be—
						(i)a party to the conservation easement under
			 this section; or
						(ii)required to carry out any activity relating
			 to the monitoring or enforcement of the conservation easement under this
			 section.
						(2)Additional managementThe Secretary may manage the Notch area
			 labeled and depicted on the map referred to in section 3(1) in accordance with
			 the terms of the conservation easement under this section.
				(f)Additional protections and
			 accessNot later than 3 years
			 after the date of the conveyance of the Federal land, Resolution Copper and the
			 grantee, in consultation with the Town, interested Indian tribes, and other
			 interested parties, shall determine whether the area covered by the
			 conservation easement should be managed to establish—
				(1)additional cultural and historical resource
			 protections or measures, including permanent or seasonal closures of any
			 portion of the easement area to protect cultural or archeological resources;
			 or
				(2)additional or alternative public access
			 routes, trails, and trailheads to Apache Leap.
				(g)Easement and appraisal
				(1)In generalThe requirement that Resolution Copper
			 grant the conservation easement under this section shall not be considered in
			 determining, or result in any diminution in, the market value of the Federal
			 land for purposes of an appraisal under section 5.
				(2)EffectThe market value of the conservation
			 easement and any amount paid by Resolution Copper under subsection (d) shall be
			 considered to be a donation by Resolution Copper to the United States.
				(h)Mining activitiesExcept as provided in subsection (c) and
			 other Federal law (including regulations) relating to mining activities on
			 private land, the conservation easement shall not impose any additional
			 restrictions on mining activities carried out by Resolution Copper outside of
			 the easement area after the date of the conveyance under section 4(a).
			7.Incorporation, management, and status of
			 acquired land
			(a)Land acquired by the Secretary
				(1)In generalLand acquired by the Secretary under this
			 Act, including any land or interest in land acquired by the Secretary under
			 section 4(b) shall—
					(A)become part of the National Forest within
			 which the land is located; and
					(B)be administered in accordance with the laws
			 (including regulations) applicable to the National Forest System.
					(2)BoundariesFor purposes of section 7 of the Land and
			 Water Conservation Fund Act of 1965 (16 U.S.C. 4601 et seq.), the boundaries of
			 a National Forest in which land acquired by the Secretary is located shall be
			 deemed to be the boundaries of that forest as in existence on January 1,
			 1965.
				(3)Management of JI ranch
					(A)In generalOn the date on which the Secretary acquires
			 the JI Ranch parcel described in section 4(b)(1)(A)(iv), the Secretary shall
			 manage the land to allow Yavapai and Apache Indian tribes—
						(i)to access the land; and
						(ii)to undertake traditional activities
			 relating to the gathering of acorns.
						(B)Authority of SecretaryOn receipt of a request from the Yavapai or
			 Apache Indian tribe, the Secretary may temporarily or seasonally close to the
			 public any portion of the land described in section 4(b)(1) during the period
			 in which the Yavapai or Apache Indian tribe undertakes any activity described
			 in subparagraph (A)(ii).
					(b)Land acquired by the Secretary of the
			 interior
				(1)In generalLand acquired by the Secretary of the
			 Interior under this Act shall—
					(A)become part of the administrative unit
			 (including the national conservation area, if applicable) or other area within
			 which the land is located; and
					(B)be managed in accordance with the laws
			 (including regulations) applicable to the administrative unit, national
			 conservation area, or other area within which the land is located.
					(2)Lower San Pedro River landTo preserve and enhance the natural
			 character and conservation value of the land described in section
			 4(b)(1)(B)(i), on acquisition of the land by the Secretary of the Interior, the
			 land shall be—
					(A)incorporated in, and administered as part
			 of, the San Pedro Riparian National Conservation Area established by section
			 101 of the Arizona-Idaho Conservation Act of 1988 (16 U.S.C. 460xx); and
					(B)managed to preserve or enhance the
			 conservation values of the Conservation Area in accordance with that
			 Act.
					(c)WithdrawalOn acquisition by the United States of any
			 land under this Act, subject to valid existing rights and without further
			 action by the Secretary, the acquired land is permanently withdrawn from all
			 forms of entry and appropriation under—
				(1)the public land laws (including the mining
			 and mineral leasing laws); and
				(2)the Geothermal Steam Act of 1970 (30 U.S.C.
			 1001 et seq.).
				8.Public uses of Federal land
			(a)Replacement campground
				(1)In generalNot later than 4 years after the date of
			 enactment of this Act, the Secretary, in consultation with Resolution Copper,
			 the Town, and other interested parties, shall design and construct in the Globe
			 Ranger District of the Tonto National Forest 1 or more replacement campgrounds
			 for the Oak Flat Campground (including appropriate access routes to any
			 replacement campgrounds).
				(2)Public facilitiesAny replacement campgrounds under this
			 subsection shall be designed and constructed in a manner that adequately (as
			 determined in the sole discretion of the Secretary) replaces, or improves on,
			 the facilities, functions, and amenities available to the public at the Oak
			 Flat Campground.
				(3)Costs of replacementResolution Copper shall pay the actual cost
			 to the Secretary of designing, constructing, and providing access to any
			 replacement campgrounds under this subsection, not to exceed $
			 1,000,000.
				(b)Interim oak flat campground access
				(1)In generalThe document conveying the Federal land to
			 Resolution Copper under section 4(a) shall specify that—
					(A)during the 4-year period beginning on the
			 date of enactment of this Act, the Secretary shall retain title to, operate,
			 and maintain the Oak Flat Campground; and
					(B)at the end of that 4-year period—
						(i)the withdrawal of the Oak Flat Campground
			 shall be revoked; and
						(ii)title to the Oak Flat Campground shall be
			 simultaneously conveyed to Resolution Copper.
						(2)LiabilityDuring the interim period described in
			 paragraph (1)(A), Resolution Copper shall not be liable for any public use of
			 the Oak Flat Campground.
				(c)Mineral explorationDuring the 4-year period described in
			 subsection (b)(1)(A)—
				(1)the Oak Flat campground shall remain
			 withdrawn from all forms of entry and appropriation under the public land laws
			 (including the mining and mineral leasing laws); but
				(2)Resolution Copper shall have the right to
			 explore for minerals under the Oak Flat Campground by directional drilling or
			 any other method that does not disturb the land surface of the Oak Flat
			 Campground.
				(d)BoulderBlast competitionDuring 5-year period beginning on the date
			 of enactment of this Act, the Secretary, in consultation with Resolution
			 Copper, may issue not more than 1 special use permit per calendar year to
			 provide public access to the bouldering area on the Federal land for purposes
			 of the annual BoulderBlast competition.
			(e)LiabilityResolution Copper shall not be liable for
			 any public use of the Federal land under subsection (c) or (d).
			9.Miscellaneous provisions
			(a)Revocation of orders; withdrawal
				(1)Revocation of ordersAny public land order that withdraws the
			 Federal land from appropriation or disposal under a public land law shall be
			 revoked to the extent necessary to permit disposal of the land.
				(2)WithdrawalOn the date of enactment of this Act, if
			 the Federal land and any non-Federal land required to be exchanged under this
			 Act are not withdrawn or segregated from entry and appropriation under a public
			 land law (including mining and mineral leasing laws and the Geothermal Steam
			 Act of l970 (30 U.S.C. 1001 et seq.)), the land shall be withdrawn from entry
			 and appropriation, subject to any right of Resolution Copper, until the date of
			 the conveyance of Federal land under section 4(a).
				(b)Maps, estimates, and descriptions
				(1)Minor errorsThe Secretary and Resolution Copper, may by
			 mutual agreement correct any minor errors in any map, acreage estimate, or
			 description of any land conveyed or exchanged under this Act.
				(2)ConflictIf there is a conflict between a map, an
			 acreage estimate, or a description of land under this Act, the map shall
			 control unless the Secretary and Resolution Copper mutually agree
			 otherwise.
				(3)AvailabilityOn the date of enactment of this Act, the
			 Secretary shall file and make available for public inspection in the Office of
			 the Supervisor, Tonto National Forest, any map referred to in this Act.
				10.Value adjustment payment
			(a)Annual production reporting
				(1)In generalBeginning on February 15 of the calendar
			 year beginning after the date of commencement of production of valuable
			 locatable minerals in commercial quantities from the Federal land, and annually
			 thereafter, Resolution Copper shall submit to the Secretary of the Interior a
			 report describing the quantity of locatable minerals in commercial quantities
			 produced from the Federal land during the period covered by the report.
				(2)RequirementsEach annual report under paragraph (1)
			 shall be prepared in accordance with applicable Federal recordkeeping and
			 reporting requirements relating to the production of valuable locatable
			 minerals in commercial quantities on Federal land during the period covered by
			 the report.
				(b)Payment on production
				(1)In generalIf and when the cumulative production of
			 valuable locatable minerals in commercial quantities produced from the Federal
			 land exceeds the quantity of production of locatable minerals used in the
			 royalty income approach analysis under the Uniform Appraisal Standards for
			 Federal Land Acquisitions prepared under section 5(a)(4)(B), Resolution Copper
			 shall pay to the United States, on or before March 15 of the following calendar
			 year, a value adjustment payment at a rate equal to—
					(A)the Federal royalty rate, if any, in effect
			 for the production of valuable locatable minerals from Federal land before
			 December 31, 2012; or
					(B)if such a Federal royalty rate is not in
			 effect before December 31, 2012, the royalty rate used for purposes of the
			 royalty income approach analysis prepared under section 5(a)(4)(B).
					(2)Use of fundsAny funds paid to the United States under
			 paragraph (1) shall—
					(A)be deposited in a special account in the
			 Treasury of the United States; and
					(B)remain available, without further
			 appropriation, to the Secretary and the Secretary of the Interior, as may
			 jointly determined to be appropriate, for the acquisition from willing sellers
			 of land or interests in land in the State of Arizona.
					(c)No effect on State lawNothing in this Act modifies, expands,
			 diminishes, amends, or otherwise affects any provision of State law (including
			 regulations), including any law or regulations relating to the imposition,
			 application, timing, or collection of a State excise or severance tax under
			 Arizona Revised Statutes 42–5201–5206.


116 S4973 IS: To amend the Central Intelligence Agency Act of 1949 to authorize the provision of compensation to personnel of the Central Intelligence Agency who incur disabilities resulting from certain injuries to the brain, to authorize the provision of compensation to personnel of the Department of State who incur similar disabilities, and for other purposes.
U.S. Senate
2020-12-08
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II116th CONGRESS2d SessionS. 4973IN THE SENATE OF THE UNITED STATESDecember 8, 2020Ms. Collins (for herself, Mr. Rubio, Mr. Warner, Mrs. Shaheen, Mr. King, Mr. Sasse, Mr. Cornyn, Mr. Burr, Mr. Bennet, and Mr. Cotton) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental AffairsA BILLTo amend the Central Intelligence Agency Act of 1949 to authorize the provision of compensation to personnel of the Central Intelligence Agency who incur disabilities resulting from certain injuries to the brain, to authorize the provision of compensation to personnel of the Department of State who incur similar disabilities, and for other purposes.1.Authority to compensate personnel of Central Intelligence Agency for disabilities resulting from certain injuries to the brain(a)DefinitionsIn this section:(1)Congressional intelligence committeesThe term congressional intelligence committees has the meaning given such term in section 3 of the National Security Act of 1947 (50 U.S.C. 3003).(2)Covered dependent, covered employee, covered individual, and qualifying injuryThe terms covered dependent, covered employee, covered individual, and qualifying injury have the meanings given such terms in section 19A(a) of the Central Intelligence Agency Act of 1949 (50 U.S.C. 3519b(a)).(b)Compensation authorizedSection 19A of the Central Intelligence Agency Act of 1949 (50 U.S.C. 3519b) is amended by adding at the end the following:(d)Authority To compensate for disabilities resulting from qualifying injuries to the brainNotwithstanding any other provision of law, the Director may provide compensation to a covered dependent, a covered employee, and a covered individual who has a partial or total disability—(1)resulting from a qualifying injury to the brain; and(2)for which the covered dependent, covered employee, or covered individual is not entitled to receive monthly compensation under section 8105 or 8106 of title 5, United States Code..(c)ApplicabilitySubsection (d) of such section, as added by subsection (b) of this section, shall apply with respect to a disability resulting from a qualifying injury that occurs before, on, or after the date of the enactment of this Act.(d)Report(1)In generalNot later than 180 days after the date of the enactment of this Act, the Director of the Central Intelligence Agency shall submit to the congressional intelligence committees a report on the use of the authority provided by section 19A(d) of such Act, as added by subsection (b) of this section.(2)ContentsThe report submitted under paragraph (1) shall include the following:(A)A budget for the use of the authority described in paragraph (1).(B)Information relating to the use of the authority described in paragraph (1).(C) An assessment of whether any other legislative or administrative action is required to ensure that covered dependents, covered employees, and covered individuals can receive compensation for any disability resulting from a qualifying injury, such as a qualifying injury to the back or heart.(3)Classified annexThe report submitted under paragraph (1) shall include a classified annex that includes the budget and information included under subparagraphs (A) and (B) of paragraph (2).(e)Clarifying amendmentSection 19A(b) of the Central Intelligence Agency Act of 1949 (50 U.S.C. 3519b(b)) is amended, in the subsection heading, by inserting total disability resulting from before certain injuries.2.Authority to compensate personnel of Department of State for disabilities resulting from certain injuries to the brainSection 901 of title IX of division J of the Further Consolidated Appropriations Act, 2020 (22 U.S.C. 2680b) is amended—(1)by redesignating subsections (c) through (h) as subsections (d) through (i), respectively;(2)by inserting after subsection (b) the following new subsection:(c)Other injuries(1)In generalNotwithstanding any other provision of law, the Secretary of State or other agency head with an employee abroad under Chief of Mission authority may provide compensation to a covered dependent, a covered employee, and a covered individual who has a partial or total disability—(A)resulting from a qualifying injury to the brain; and(B)for which the covered dependent, covered employee, or covered individual is not entitled to receive monthly compensation under section 8105 or 8106 of title 5, United States Code.(2)ReportNot later than 180 days after the date of the enactment of this subsection, the Secretary of State or other agency head with an employee abroad under Chief of Mission authority shall submit to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House a report on the use of the authority provided by this subsection. The report shall include an assessment of whether additional authorities are required to ensure that covered dependents, covered employees, and covered individuals can receive compensation for any disability resulting from a qualifying injury, such as a qualifying injury to the back or neck.;(3)in subsection (f), as redesignated by paragraph (1)—(A)by striking subsection (f) each place it appears and inserting subsection (g);(B)in paragraph (1), by striking of a employee and inserting of an employee or former employee; and(C)in paragraph (2), by striking means an employee and inserting means an employee or former employee;(4)in subsection (g), as redesignated by paragraph (1), by striking subsection (a) or (b) both places it appears and inserting subsection (a), (b), or (c); and(5)in subsection (i), as redesignated by paragraph (1)—(A)in paragraph (1), by striking In general.—This section and inserting Adjustment of compensation provision.—Subsections (a) and (b); (B)by redesignating paragraph (2) as paragraph (3); and(C)by inserting after paragraph (1) the following new paragraph:(2)Other compensation provisionSubsection (c) shall apply with respect to a disability resulting from a qualifying injury that occurs before, on, or after the date of the enactment of such subsection..


115 HR 2972 IH: Alzheimer’s Caregiver Support Act
U.S. House of Representatives
2017-06-21
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I115th CONGRESS1st SessionH. R. 2972IN THE HOUSE OF REPRESENTATIVESJune 21, 2017Ms. Maxine Waters of California (for herself, Mr. Smith of New Jersey, Mr. Garamendi, Mr. Grijalva, Mr. Conyers, Ms. Ros-Lehtinen, Mr. Young of Alaska, Mr. Cole, Mr. Lamborn, Mr. Evans, Ms. Clarke of New York, Mr. DeFazio, Mr. Hastings, Ms. Jackson Lee, Ms. Wilson of Florida, Ms. Hanabusa, Ms. Norton, Ms. Matsui, Mrs. Napolitano, Mrs. Watson Coleman, Mr. Keating, Mr. Higgins of New York, Ms. Barragán, Mr. Sean Patrick Maloney of New York, Mr. Payne, Ms. Lee, Mr. Norcross, Mr. Raskin, Mr. Delaney, Ms. Moore, Mr. Cohen, Mr. Johnson of Georgia, Ms. Plaskett, Mr. Tonko, Ms. Sánchez, Mr. David Scott of Georgia, Mrs. Dingell, Mr. Sires, Ms. Kaptur, Ms. Wasserman Schultz, Ms. Roybal-Allard, Mr. Soto, Ms. Shea-Porter, Mr. Lewis of Georgia, Mr. Ellison, Mrs. Beatty, Ms. Kuster of New Hampshire, Ms. Lofgren, Mr. Serrano, Mr. Peterson, Mr. Ruppersberger, Mr. Connolly, Ms. Kelly of Illinois, Ms. Rosen, Mr. Lynch, Mr. LoBiondo, Mr. McGovern, Mr. Schneider, Mr. King of New York, Ms. Clark of Massachusetts, and Mr. Costello of Pennsylvania) introduced the following bill; which was referred to the Committee on Energy and CommerceA BILLTo amend the Public Health Service Act to authorize grants for training and support services for
			 Alzheimer’s patients and their families.

 1.Short titleThis Act may be cited as the Alzheimer’s Caregiver Support Act. 2.Grants regarding training and support services for Alzheimer’s patients and their familiesPart D of title III of the Public Health Service Act (42 U.S.C. 254b et seq.) is amended by inserting after section 330M the following:

				330N.Grants regarding training and support services for Alzheimer’s patients and their families
 (a)In generalThe Secretary may make grants to public and nonprofit private health care providers for the purpose of expanding training and support services for families and caregivers of patients with Alzheimer’s disease.
 (b)Recipients of grantsThe public and nonprofit private health care providers to whom grants may be made under subsection (a) include health care organizations, community health centers, nursing homes, senior centers, Area Agencies on Aging, community-based organizations, and State, local, and tribal health agencies and social service agencies.
 (c)Integration of treatment, training, and support servicesA condition for the receipt of a grant under subsection (a) is that the applicant involved agrees to employ a comprehensive approach to Alzheimer’s care that integrates treatment of patients with Alzheimer’s disease with training and support services for the patients’ families and caregivers.
 (d)CoordinationThe Secretary shall coordinate with the Deputy Assistant Secretary for Women’s Health and the Deputy Assistant Secretary for Minority Health in order to ensure that women, minorities, and patients who live in medically underserved communities (as defined in section 799B(6)) are able to benefit from the training and support services funded through grants under subsection (a).
 (e)Appropriate cultural contextA condition for the receipt of a grant under subsection (a) is that the applicant involved agrees that, in any program to be funded by such grant, services will be provided in the languages most appropriate for, and with consideration for the cultural backgrounds of, the individuals for whom the services are provided.
 (f)Outreach servicesA condition for the receipt of a grant under subsection (a) is that the applicant involved agrees to provide outreach activities to inform the public of the services of the program, and to provide information on Alzheimer’s disease.
 (g)Application for grantA grant may be made under subsection (a) only if an application for the grant is submitted to the Secretary and the application is in such form, is made in such manner, and contains such agreements, assurances, and information as the Secretary determines to be necessary to carry out this section.
					(h)Funding
 (1)Authorization of appropriationsFor the purpose of carrying out this section, there are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2018 through 2023.
 (2)Allocation for medically underserved communitiesOf the amounts appropriated under paragraph (1) for a fiscal year, the Secretary shall make available not less than 10 percent for grants under subsection (a) to applicants that primarily serve medically underserved communities, as defined in section 799B(6)..


 HR 3250 ENR: Julius Rosenwald and the Rosenwald Schools Act of 2020
U.S. House of Representatives

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.

IB
One Hundred Sixteenth Congress of the United States of AmericaAt the Second SessionBegun and held at the City of Washington on Friday, the third day of January, two thousand and twenty
H. R. 3250

AN ACT
To require the Secretary of the Interior to conduct a special resource study of the sites associated with the life and legacy of the noted American philanthropist and business executive Julius Rosenwald, with a special focus on the Rosenwald Schools, and for other purposes.

1.Short titleThis Act may be cited as the Julius Rosenwald and the Rosenwald Schools Act of 2020. 2.Resource study of Julius Rosenwald and Rosenwald schools (a)DefinitionsIn this section:
(1)Rosenwald schoolThe term Rosenwald School means any of the 5,357 schools and related buildings constructed in 15 southern States during the period of 1912 through 1932 by the philanthropy of Julius Rosenwald. (2)SecretaryThe term Secretary means the Secretary of the Interior.
(3)Study areaThe term study area means the sites associated with the life and legacy of Julius Rosenwald. (b)Special resource study (1)StudyThe Secretary shall conduct a special resource study of the study area, with a special emphasis on the following Rosenwald Schools and other sites associated with the life and legacy of Julius Rosenwald:
(A)Sears Administration Building at Homan Square in Chicago, Illinois. (B)Rosenwald Court Apartments in Chicago, Illinois.
(C)Museum of Science & Industry in Chicago, Illinois. (D)Rosenwald House (formerly the Lyon Home) at the Lincoln Home National Historic Site in Springfield, Illinois.
(E)Cairo Rosenwald School, a one-teacher school in Sumner County, Tennessee. (F)Shady Grove School, a one-teacher school in Louisa County, Virginia.
(G)Noble Hill School, a two-teacher school in Bartow County, Georgia. (H)Ridgeley School, a two-teacher school in Prince Georges County, Maryland.
(I)Bay Springs School, a two-teacher school in Forest County, Mississippi. (J)Russell School, a two-teacher school in Durham County, North Carolina.
(K)Shiloh Rosenwald School, a three-teacher school in Macon County, Alabama. (L)San Domingo School, a four-teacher school in Wicomico County, Maryland.
(M)Elmore County Training School, a seven-teacher school in Elmore County, Alabama. (N)Dunbar Junior High, Senior High and Junior College in Little Rock, Arkansas.
(2)ContentsIn conducting the study under paragraph (1), the Secretary shall— (A)evaluate the national significance of the study area;
(B)determine the suitability and feasibility of designating the study area as a unit of the National Park System, including an interpretive center in or near Chicago, Illinois; (C)consider other alternatives for preservation, protection, and interpretation of the study area by the Federal Government, State or local government entities, or private and nonprofit organizations;
(D)consult with interested Federal agencies, State or local governmental entities, private and nonprofit organizations, or any other interested individuals; and (E)identify cost estimates for any Federal acquisition, development, interpretation, operation, and maintenance associated with the alternatives.
(c)Applicable lawThe study under paragraph (1) shall be conducted in accordance with section 100507 of title 54, United States Code. (d)ResultsNot later than 3 years after the date on which funds are first made available for the study under paragraph (1), the Secretary shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report describing—
(1)the results of the study; and (2)any conclusions and recommendations of the Secretary relating to the study.
 Speaker of the House of Representatives.Vice President of the United States and President of the Senate.


116 S1149 IS: Main Street Tax Certainty Act
U.S. Senate
2019-04-11
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II116th CONGRESS1st SessionS. 1149IN THE SENATE OF THE UNITED STATESApril 11, 2019Mr. Daines (for himself, Mr. Roberts, and Mr. Thune) introduced the following bill; which was read twice and referred to the Committee on FinanceA BILLTo amend the Internal Revenue Code of 1986 to make permanent the deduction for qualified business
			 income.

 1.Short titleThis Act may be cited as the Main Street Tax Certainty Act. 2.Deduction for qualified business income made permanentSection 199A of the Internal Revenue Code of 1986 is amended by striking subsection (i).


116 HR 7920 IH: Healthy and Safe Travel Promotion Act of 2020
U.S. House of Representatives
2020-07-31
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I116th CONGRESS2d SessionH. R. 7920IN THE HOUSE OF REPRESENTATIVESJuly 31, 2020Ms. Titus introduced the following bill; which was referred to the Committee on Transportation and Infrastructure, and in addition to the Committees on Financial Services, and Oversight and Reform, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concernedA BILLTo provide grants and direct funding for promotion of tourism and healthy and safe travel practices in areas recovering from the Coronavirus Disease 2019 (COVID–19), and for other purposes.1.Short titleThis Act may be cited as the Healthy and Safe Travel Promotion Act of 2020.2.Grants for promoting tourism and healthy travelTitle II of the Public Works and Economic Development Act of 1965 is amended by adding at the end the following: 219.Tourism and healthy travel promotion(a)In generalThe Secretary shall provide grants to eligible entities to assist with economic recovery in communities affected by declines in travel and tourism as a result of the Coronavirus Disease 2019 (COVID–19).(b)Eligible entitiesAn entity eligible to receive grants under this section shall be an entity that is responsible for marketing, selling, or promoting visitation to a community, region, or State, including—(1)a State tourism office;(2)a political subdivision or instrumentality of a State or local government;(3)a Tribal government; and(4)a nonprofit organization.(c)EstablishmentNot later than 30 days after the date of enactment of this section, the Secretary shall establish a process under which the Secretary may receive applications and make grants to eligible entities in accordance with this section.(d)ApplicationTo be eligible to receive a grant under this section, an eligible entity shall submit to the Secretary an application in such form, in such manner, and containing such information as the Secretary may require.(e)SelectionThe Secretary shall select eligible entities to receive grants under this section based on factors to be determined by the Secretary, using the best available data, including the decline in visitation and associated economic losses in a region as a result of COVID–19, and the amount of real or forecast revenue lost by an eligible entity as a result of COVID–19.(f)Use of fundsAn eligible entity shall use grant funds provided under this section to—(1)pay costs associated with tourism marketing and promotion activities necessary to assist with declines in visitation as a result of COVID–19;(2)pay costs associated with providing information to visitors about the health and safety protections, guidance or requirements of Federal, State or local governments and businesses to reduce the spread of COVID–19;(3)pay the increased costs of sanitation or cleaning to provide for a safer environment at a convention center, large event space, or community attraction; or(4)pay the costs of salaries and expenses associated with the operations of the eligible entity with respect to activities described in subparagraphs (A), (B), and (C).(g)Waiver(1)Long-term planningSections 209(b)(2) and 204 shall not apply for purposes of providing grants under this section.(2)Waiver authorityThe Secretary may waive, or specify alternative requirements for, any provision of any statute or regulation that the Secretary administers in connection with a grant under this section if the Secretary determines that any such waivers or alternative requirements are necessary to expedite or facilitate the use of the amounts made available under this section.(h)Federal shareNotwithstanding section 204, the Federal share of the cost of an activity carried out with a grant under this section shall be 100 percent.(i)Authorization of appropriationsThere is authorized to be appropriated to the Secretary for fiscal year 2021 to carry out this section $5,000,000,000, to remain available until expended..3.Direct funding promoting tourism and healthy travelSection 601 of the Social Security Act (42 U.S.C. 801) is amended—(1)in subsection (d), by striking A State, Tribal government, and unit of local government and inserting Subject to subsection (h), a State, Tribal government, and unit of local government; and(2)by adding at the end the following:(h)EligibilityA State, Tribal government, and unit of local government may use funds provided under a payment made under this section to cover expenditures of the recipient that—(1)are made to assist with the economic recovery of an area impacted by a decline in travel and tourism as a result of COVID–19;(2)are associated with marketing or promoting travel or tourism to the recipient’s area, including costs associated with—(A)educating visitors about local tourism opportunities and health and safety guidelines;(B)marketing tourism opportunities, convention facilities, and group meeting space that are made available in accordance with applicable State, local, or Tribal government requirements; or(C)provide information to visitors or potential visitors regarding the health and safety practices of regional businesses or attractions to protect public health; and (3)were incurred during the period that begins on the date of enactment of the Healthy and Safe Travel Promotion Act of 2020 and ends on December 31, 2021.. 4.Economic development assistance programs use of fundsNotwithstanding any other provision of law, for purposes of funds provided under the heading Economic Development Administration—Economic Development Assistance Programs under title II of division B of the CARES Act (Public Law 116–136), tourism and marketing promotion activities (including educating visitors about local tourism opportunities and health and safety guidelines, marketing tourism opportunities, convention facilities, and group meeting space that are made available in accordance with applicable State or local government requirements, and providing information to visitors or potential visitors regarding the health and safety practices of regional businesses or attractions to protect public health) shall be considered an eligible use of such funds.


110 HR 7271 IH: For the relief of Alyssa Chaconis.
U.S. House of Representatives
2008-10-03
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.

		V
		110th CONGRESS
		2d Session
		H. R. 7271
		IN THE HOUSE OF REPRESENTATIVES

			October 3, 2008
			Mr. Smith of New
			 Jersey introduced the following bill; which was referred to the
			 Committee on the
			 Judiciary

		A BILL
		For the relief of Alyssa Chaconis.

		1.Waiver of time limitation for
			 filing for compensation for vaccine-related injury
			(a)Waiver of time
			 limitationThe time
			 limitation set forth in section 2116(a)(2) of the Public Health Service Act (42
			 U.S.C. 300aa–16(a)(2)) does not apply to the petition for compensation filed
			 under section 2111 of that Act (42 U.S.C. 300aa–11) on behalf of Alyssa
			 Chaconis of Manchester, New Jersey, on March 5, 1998, for injuries received as
			 a result of a vaccine administered on November 10, 1994.
			(b)Effect on
			 petition filedThe petition
			 described in subsection (a) shall be reinstated, and the filing date of the
			 petition shall be deemed to be the date of enactment of this Act.


115 S1988 IS: Streamlining Permitting to Enable Efficient Deployment of Broadband Infrastructure Act of 2017
U.S. Senate
2017-10-19
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		II
		115th CONGRESS1st Session
		S. 1988
		IN THE SENATE OF THE UNITED STATES

			October 19, 2017
			Mr. Wicker (for himself and Ms. Cortez Masto) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works

		A BILL
		To streamline broadband infrastructure permitting on established public rights-of-way, and for
			 other purposes.

		1.Short title
 This Act may be cited as the Streamlining Permitting to Enable Efficient Deployment of Broadband Infrastructure Act of 2017 or the SPEED Act.
 2.DefinitionsIn this Act— (1)the term antenna means communications equipment that transmits or receives electromagnetic radio frequency signals used in the provision of wireless services;
 (2)the term appropriate committees of Congress means— (A)the Committee on Commerce, Science, and Transportation of the Senate;
 (B)the Committee on Energy and Natural Resources of the Senate; (C)the Committee on Energy and Commerce of the House of Representatives; and
 (D)the Committee on Natural Resources of the House of Representatives; (3)the term Commission means the Federal Communications Commission;
 (4)the term communications facility installation includes— (A)any infrastructure, including any transmitting device, tower, or support structure, and any equipment, switches, wiring, cabling, power sources, shelters, or cabinets, associated with the licensed or permitted unlicensed wireless or wireline transmission of writings, signs, signals, data, images, pictures, and sounds of all kinds; and
 (B)any antenna or apparatus that— (i)is designed for the purpose of emitting or receiving radio frequency;
 (ii)(I)is designed to be operated, or is operating, from a fixed location pursuant to authorization by the Commission; or
 (II)is using duly authorized devices that do not require individual licenses; and (iii)is added to a tower, building, support pole, or other structure;
 (5)the term covered easement means an easement, right-of-way, or lease to, in, over, or on a building or other property owned by the Federal Government, excluding tribal land held in trust by the Federal Government (unless the tribal government of such land requests that the Commission not exclude the land for purposes of this definition), for the right to install, construct, modify, or maintain a communications facility installation;
 (6)the term public right-of-way— (A)means—
 (i)the area on, below, or above a public roadway, highway, street, sidewalk, alley, or similar property; and
 (ii)any land immediately adjacent to and contiguous with property described in clause (i) that is within the right-of-way grant; and
 (B)does not include a Federal interstate highway; (7)the term small wireless facility means a wireless service facility that meets the size limitation, and any other applicable requirement, established by the Commission;
 (8)the term Streamlining Federal Siting Working Group or Working Group means the Streamlining Federal Siting Working Group of the Broadband Deployment Advisory Committee;
 (9)the term support pole means an upright pole or structure used or capable of being used to support a wireless service facility;
 (10)the term utility facility means any privately, publicly, or cooperatively owned line, facility, or system for producing, transmitting, or distributing power, electricity, light, heat, gas, oil, crude products, water, steam, waste, storm water not connected with highway drainage, or any other similar commodity, including any fire or police signal system or street lighting system, that directly or indirectly serves the public;
 (11)the term wireless service means the transmission by radio communication of voice, video, or data communications services, including Internet Protocol or any successor protocol-enabled services, or any combination of those services, whether provided on a licensed or permitted unlicensed basis; and
 (12)the term wireless service facility means a facility for the provision of wireless service. 3.Exemption from review for certain communications facility installationsNo review shall be required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) or division A of subtitle III of title 54, United States Code, as a condition of granting a covered easement for a communications facility installation if a covered easement has been granted for another communications facility installation or a utility facility with respect to the same building or other property owned by the Federal Government.
		4.Regulatory treatment of certain wireless facilities
 (a)Exclusion of small cells from reviewNotwithstanding any provision of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) or division A of subtitle III of title 54, United States Code, the Commission shall not be required to perform, and may not require any entity regulated by the Commission to perform, any review under that Act or division as a condition of permitting the placement and installation of a small wireless facility if the new small wireless facility—
 (1)(A)will be located within a public right-of-way; and (B)is not higher than, or not substantially higher than (as that term is defined by the Commission), any existing structure in the public right of way; or
 (2)is— (A)a replacement for an existing small wireless facility; and
 (B)the same as, or substantially similar to (as that term is defined by the Commission), the small wireless facility that the new small wireless facility is replacing.
 (b)Exclusion of wireless service facilities in public rights-of-Way from reviewNotwithstanding any provision of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) or division A of subtitle III of title 54, United States Code, the Commission shall not be required to perform, no Federal, State, or local authority shall be required to perform, and no Federal, State, or local authority may require any entity to perform, any review under that Act or division as a condition of permitting the placement and installation of a wireless service facility if—
 (1)(A)the wireless service facility will be located in an existing public right-of-way; and (B)any new ground disturbance from the installation of the wireless service facility is limited to the existing public right-of-way; and
 (2)the antenna tower or support pole— (A)is not more than 50 feet tall or 10 feet higher than any existing structure in the public right-of-way, whichever is higher; and
 (B)does not have guy wires. (c)Savings clauseNothing in this section shall be construed to affect—
 (1)the obligation of the Commission to evaluate radiofrequency exposure under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);
 (2)except as explicitly provided in this section, the obligation of any provider of wireless service to comply with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) or division A of subtitle III of title 54, United States Code; or
 (3)the authority of a State or local government to apply and enforce the zoning and other land use regulations of the State or local government to the extent consistent with this section and sections 253, 332(c)(7), and 621 of the Communications Act of 1934 (47 U.S.C. 253, 332(c)(7), and 541).
 5.GAO report on Federal delays in siting telecommunications equipment on Federal landNot later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall conduct a study, and submit a report to the appropriate committees of Congress, that includes—
 (1)an analysis of the challenges to and administrative delays in efficiently siting communications facility installations on Federal land, including whether, in order to increase the efficiency of such siting, it is necessary to develop—
 (A)standard procedures for communications facility installation siting, including a standard duration of leases and easements;
 (B)methods that Federal agencies may use to identify and report on coverage gaps and deficiencies in communications facility installation siting; and
 (C)procedures for creating and maintaining a publicly accessible inventory of space that can be used to attach or install communications facility installations; and
 (2)recommendations, if any, for how Congress and the Commission can address the challenges and reduce the administrative delays identified under paragraph (1).
			6.Streamlining Federal Siting Working Group report
 (a)In generalNot later than 60 days after the date of enactment of this Act, the Streamlining Federal Siting Working Group shall submit a report to the appropriate committees of Congress that contains an analysis of the challenges to and administrative delays in efficiently siting communications facility installations on Federal land, including whether, in order to increase the efficiency of such siting, it is necessary to develop—
 (1)standard procedures for communications facility installation siting, including a standard duration of leases and easements;
 (2)methods that Federal agencies may use to identify and report on coverage gaps and deficiencies in communications facility installation siting; and
 (3)procedures for creating and maintaining a publicly accessible inventory of space that can be used to attach or install communications facility installations.
 (b)Final reportNot later than 120 days after the date of enactment of this Act, the Working Group shall submit a report to the appropriate committees of Congress on the final findings and recommendations of the Working Group described in subsection (a).


IV
111th CONGRESS
1st Session
H. RES. 567
IN THE HOUSE OF REPRESENTATIVES

June 19, 2009
Mr. Campbell (for himself, Mr. Rohrabacher, Ms. Loretta Sanchez of California, Mr. Gary G. Miller of California, Mr. Calvert, Ms. Watson, and Mr. Royce) submitted the following resolution; which was referred to the Committee on Education and Labor

RESOLUTION
Congratulating the University of California, Irvine’s men’s volleyball team for winning the 2009 national championship.

Whereas the men’s volleyball team of the University of California, Irvine (UC Irvine), known as the Anteaters, achieved many historic accomplishments during the 2008–2009 season;
Whereas the UC Irvine men’s volleyball team won their second National Collegiate Athletic Association (NCAA) Division I Men’s Volleyball National Championship;
Whereas UC Irvine is home to one of the five programs to have won more than one NCAA man’s volleyball Championship title;
Whereas the UC Irvine men’s volleyball team finished the year 27–5 overall;
Whereas Ryan Ammerman, was named the tournament’s most outstanding player with 12 blocks, six kills, and 55 assists in the championship match;
Whereas Taylor “Bones” Wilson led the Anteaters with 21 kills followed by Carson Clark with 15 kills;
Whereas Ammerman, Wilson, and Clark were all named to the NCAA All-Tournament team;
Whereas the UC Irvine men’s volleyball team had four players selected to the American Volleyball Coaches Association (AVCA) All-America Team;
Whereas senior setter Ryan Ammerman garnered first-team honors on the AVCA All-America Team;
Whereas Jordan DuFault, Kevin Wynne, and Carson Clark earned second-team accolades on the AVCA All-America Team;
Whereas the senior class of Ryan Ammerman, Brent Asuka, Nick Spittle, Jon Steller, and Taylor Wilson have become the most successful graduating class in school history, with a 101–30 record in their four years winning two NCAA Championship titles;
Whereas senior All-American Jon Steller was named UC Irvine’s Lauds & Laurels Outstanding Athlete;
Whereas sophomore outside hitter Jordan DuFault earned second team All-American honors and was ranked nationally in four categories, including kills, digs, hitting percentage, and blocks;
Whereas the Anteaters captured the Mountain Pacific Sports Federation (MPSF) regular season title with a 19–3 record;
Whereas freshman Carson Clark was selected as the MPSF Freshman of the Year as well as a first-team All–MPSF honoree;
Whereas the Anteaters have been ranked in the Nation’s top 10 for 75 consecutive weeks, including No. 1 for 21 of those weeks;
Whereas the NCAA Championship title is UC Irvine’s second Division I title in three years; and
Whereas UC Irvine, under the leadership of Chancellor Michael V. Drake, M.D., has continued to establish itself as a world-class research university, and as one of the top universities in the Nation: Now, therefore, be it

That the House of Representatives—
(1)congratulates the men’s volleyball team of the University of California, Irvine, and its Chancellor, Michael V. Drake, M.D., for winning the 2009 NCAA Division I Men’s Volleyball National Championship; and
(2)recognizes the achievements of the players, coaches, students, alumni, and staff who were instrumental in helping the University of California, Irvine win the national title.


113 S812 ES: To authorize the Secretary of the Interior to take actions to implement the Agreement between the United States of America and the United Mexican States Concerning Transboundary Hydrocarbon Reservoirs in the Gulf of Mexico.
U.S. Senate

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.

113th CONGRESS1st SessionS. 812IN THE SENATE OF THE UNITED STATESAN ACTTo authorize the Secretary of the Interior to take
		  actions to implement the Agreement between the United States of America and the
		  United Mexican States Concerning Transboundary Hydrocarbon Reservoirs in the
		  Gulf of Mexico.1.Agreement between the United
			 States of America and the United Mexican States Concerning Transboundary
			 Hydrocarbon Reservoirs in the Gulf of MexicoThe Secretary of the Interior is authorized
			 to take actions necessary to implement the terms of the Agreement between the
			 United States of America and the United Mexican States Concerning Transboundary
			 Hydrocarbon Reservoirs in the Gulf of Mexico, which is hereby approved,
			 including—(1)to approve unitization agreements and
			 related arrangements for the exploration of, and development or production of
			 oil or gas from, transboundary reservoirs and geological structures;(2)to disclose as necessary under the
			 Agreement information related to the exploration, development, and production
			 of a transboundary reservoir or geological structure that may be considered
			 confidential, privileged, or proprietary information under law; and(3)to accept and take action not inconsistent
			 with an expert determination under the Agreement.Passed the Senate October 12, 2013.Secretary


114 HR 3847 IH: Export-Import Bank Reform Act
U.S. House of Representatives
2015-10-28
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		114th CONGRESS
		1st Session
		H. R. 3847
		IN THE HOUSE OF REPRESENTATIVES

			October 28, 2015
			Mr. Issa (for himself, Mr. Peterson, and Mr. Hunter) introduced the following bill; which was referred to the Committee on Financial Services

		A BILL
		To provide for reforms of the Export-Import Bank of the United States.

 1.Short titleThis Act may be cited as the Export-Import Bank Reform Act. 2.Table of contentsThe table of contents of this Act is as follows:

				Sec. 1. Short title.
				Sec. 2. Table of contents.
				Title I—Improving Transparency of the Export-Import Bank of the United States
				Sec. 101. Review of Bank product pricing and credit standards to avoid crowding out of private
			 export finance.
				Sec. 102. Prohibited countries.
				Sec. 103. Employee certification and financial disclosure.
				Sec. 104. Parallel GAAP reporting.
				Sec. 105. Making the Bank the lender of last resort for loans, attempting private financing first.
				Sec. 106. Audit committee.
				Sec. 107. Report on privatizing the Bank.
				Sec. 108. Independent audit of Bank portfolio.
				Title II—Improving the Accountability of the Export-Import Bank of the United States
				Sec. 201. Earnings retention.
				Sec. 202. Office of the President and term limits.
				Sec. 203. Repayment as priority.
				Sec. 204. Limitations on outstanding loans, guarantees, and insurance.
				Sec. 205. Credit risk.
				Title III—Job Growth
				Sec. 301. Medium-sized enterprises.
				Sec. 302. Inflation adjustment.

		IImproving Transparency of the Export-Import Bank of the United States
 101.Review of Bank product pricing and credit standards to avoid crowding out of private export financeSection 8 of the Export-Import Bank Act of 1945 (12 U.S.C. 635g) is amended by adding at the end the following:

					(l)Reports on private export financing and Bank pricing and credit standards
 (1)Private export financingThe Board of Governors of the Federal Reserve System shall issue a semiannual report to the Congress on the terms and conditions (including interest rates, maturities, and credit standards) that apply in the provision of export finance by private financial institutions.
 (2)Bank pricing and credit standardsThe Bank shall issue an annual report to the Congress on the steps taken by the Bank to adjust the pricing of products offered, and the credit standards used, by the Bank to avoid crowding out private export finance..
 102.Prohibited countriesSection 8 of the Export-Import Bank Act of 1945 (12 U.S.C. 635g), as amended by section 101 of this Act, is amended by adding at the end the following:

 (m)Recommendations regarding prohibited countriesThe Board of Directors of the Bank, in consultation with Congress, the President, and the Secretary of State, shall develop recommendations annually regarding the countries with whom and in which the Bank should not be doing business, and the Bank shall include the recommendations in its annual report to the Congress under subsection (a)..
 103.Employee certification and financial disclosureSection 3(e) of the Export-Import Bank Act of 1945 (12 U.S.C. 635a(e)) is amended by adding at the end the following:

					(3)Ethics
						(A)Code of ethics
 (i)In generalThe Chief Ethics Officer shall draft a Code of Ethics that sets out strict and definite standards of official conduct for all Bank directors, officers, and employees, which Code shall include a policy that prohibits conflicts of interest, as described in paragraph (1) of this subsection, and other policies, prohibitions, and restrictions that the Chief Ethics Officer deems appropriate.
 (ii)ConsiderationsIn drafting the Code of Ethics, the Chief Ethics Officer shall consider the Principles of Ethical Conduct for Government Officers and Employee set forth in Executive Order 12731 (Oct. 17, 1990).
 (iii)Consistency with Ethics in Government Act of 1978The Chief Ethics Officer shall ensure that the Code of Ethics is consistent with the Ethics in Government Act of 1978 and the regulations promulgated under such Act.
 (iv)Effectiveness; amendmentThe Code of Ethics (and an amendment to the Code) shall take effect on approval by the Board. The Code of Ethics may be amended only on the recommendation of the Chief Ethics Officer.
 (v)Annual employee certificationsThe Board, in consultation with the Chief Ethics Officer, shall implement a policy that requires all Bank directors, officers, and employees to certify annually that they have read, understand, and complied with and will continue to comply with the Code of Ethics. The annual certifications shall contain a statement that notifies the signatory that section 1001 of title 18, United States Code, applies to the certification.
							(B)Financial disclosure
 (i)In generalWithin 180 days after the date of the enactment of this paragraph, the Board, in consultation with the Chief Ethics Officer, shall prepare a financial disclosure form for Covered Individuals, which form shall—
 (I)require information about assets, income, debts, and any other financial information that the Board deems appropriate for ensuring that a Covered Individual is in compliance with the Code of Ethics established under subparagraph (A); and
 (II)be no less extensive than financial reports required to be filed under title I of the Ethics in Government Act of 1978 and the regulations promulgated under such Act.
 (ii)Financial reporting policyThe Board, in consultation with the Chief Ethics Officer, shall implement a policy that— (I)requires each Covered Individual and the spouse of the Covered Individual to annually complete the financial disclosure form and submit the completed form to the General Counsel or his or her designee for review; and
 (II)allows any Covered Individual who is required to file financial reports under title I of the Ethics in Government Act of 1978 or any other Federal law to file the financial reports under such title or other law in lieu of the financial disclosure form described in this subparagraph, but the Board may require those who do so to supplement the financial report with all information required to be disclosed under this subparagraph.
 (iii)Covered Individual definedIn this subparagraph, the term Covered Individual means any Bank director, officer, employee, or contractor with the ability to affect any Bank decision relating to financing, funding, insuring, or otherwise providing backing to any company or project.
							(iv)Availability of completed financial disclosure forms
 (I)In generalThe Bank shall make completed financial disclosure forms available to the Office of Inspector General for the Bank.
 (II)ProhibitionsA completed financial disclosure form shall not be made available— (aa)to another Bank director, officer, employee, attorney, or agent, except as necessary to ensure compliance of a Covered Individual with this subparagraph, the Code of Ethics, or any applicable law; or
 (bb)to the public. (C)Rule of interpretationNothing in this paragraph shall supersede, modify, change, or otherwise affect any requirement, procedure, or restriction applicable to a Bank employee, officer, or director under the Ethics in Government Act of 1978 that applies in addition to the requirements, procedures, and restrictions applicable to a Bank employee, officer, or director under this paragraph..
 104.Parallel GAAP reportingSection 8 of the Export-Import Bank Act of 1945 (12 U.S.C. 635g), as amended by sections 101 and 102 of this Act, is amended by adding at the end the following:

 (n)Parallel GAAP reportingWith any report issued by the Bank to the Congress or any committee of the Congress that contains accounting information that is not prepared using generally accepted accounting principles, the Bank shall issue a 2nd report providing the same accounting information prepared using generally accepted accounting principles..
 105.Making the Bank the lender of last resort for loans, attempting private financing firstSection 2 of the Export-Import Bank Act of 1945 (12 U.S.C. 635) is amended by adding at the end the following:

 (l)Applicants for Bank assistance required To demonstrate inability To obtain credit elsewhereThe Bank shall not guarantee, insure, or extend credit, or participate in an extension of credit in connection with a transaction, to a privately owned foreign applicant, other than a financial institution, unless the applicant demonstrates to the Bank that—
 (1)the applicant has sought, and has been unable to obtain, competitive financing for the transaction without any support from the Overseas Private Investment Corporation or the Small Business Administration; or
 (2)financing from a foreign export credit agency is available to the applicant to support comparable foreign goods and services competing with the United States exports that would be financed by the Bank through the application..
 106.Audit committeeSection 3(c) of the Export-Import Bank Act of 1945 (12 U.S.C. 635a(c)) is amended by redesignating paragraph (10) as paragraph (11) and inserting after paragraph (9) the following:

					(10)Audit committee
						(A)Membership
 (i)In generalIn addition to such other duties as they may be appointed to perform under subparagraph (5), the directors who are neither Chairman nor Vice Chairman of the Board shall constitute the Audit Committee of the Board.
 (ii)Special ruleIf that there is only 1 director who is neither Chairman nor Vice Chairman of the Board, the Chief Risk Officer of the Bank shall be a temporary member of the Audit Committee until a 2nd Bank director who is neither Chairman nor Vice Chairman of the Board is appointed to the Board.
							(B)Duties
 (i)Within 1 year after the date of the enactment of this paragraph, the Audit Committee shall develop and implement a program to audit, on a regular and routine basis, the loan, guarantee, insurance, and credit programs of the Bank.
 (ii)The Audit Committee shall— (I)provide assistance to the Board in fulfilling the accounting and reporting responsibilities of the Board;
 (II)evaluate whether the Bank has adequate administrative and financial controls; (III)review the financial statements prepared by management for distribution to the Congress and the public; and
 (IV)provide direction over the internal audit function and the independent accountants of the Bank. (C)ReportsThe Audit Committee shall report to the Board regularly on its activities but may act independently of the Chairman and Vice Chairman.
						(D)Procedural rules
 (i)QuorumTwo members shall constitute a quorum of the Audit Committee. (ii)Action only by majority voteThe Audit Committee may act only by majority vote..
 107.Report on privatizing the BankWithin 270 days after the date of the enactment of this Act, the President, in consultation with the Advisory Committee of the Bank, the Comptroller of the Currency, and the Governors of the Federal Reserve Board, shall submit to the Committees on Appropriations and Financial Services of the House of Representatives and the Committees on Appropriations and Banking, Housing, and Urban Affairs of the Senate a report on the programs of the Bank that may be fully or partially privatized, which report shall—
 (1)consider, but not be limited to, the establishment of a public-private partnership to create a market window, as allowed under Section 15 of the Export-Import Bank Act of 1945, to compete against similar foreign-supported market windows to maximize private-sector participation;
 (2)include an evaluation of whether the administration of the insurance and working-capital programs of the Bank could be partially or completely privatized; and
 (3)include an analysis of the current regulatory restrictions related to capital-allocation requirements for pre-export working capital and cross-border lending in amounts exceeding $25,000,000.
				108.Independent audit of Bank portfolio
 (a)AuditThe Inspector General of the Export-Import Bank of the United States shall conduct an audit of the portfolio risk management procedures of the Bank, including a review of the implementation by the Bank of the duties assigned to the Chief Risk Officer under the Export-Import Bank Act of 1945.
 (b)ReportNot later than 1 year after the appointment of the Chief Risk Officer of the Export-Import Bank of the United Sates, the Inspector General shall submit to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate a written report containing all findings and determinations made in carrying out subsection (a).
				IIImproving the Accountability of the Export-Import Bank of the United States
 201.Earnings retentionSection 2(a)(1) of the Export-Import Bank Act of 1945 (12 U.S.C. 635(a)(1)) is amended by striking Net earnings of the Bank after reasonable provision for possible losses shall be used for payment of dividends on capital stock. and inserting The Bank shall retain not less than 30 percent of total net earnings as a provision for possible losses. Notwithstanding the previous sentence, during any period when the aggregate of such retained earnings is less than 10 percent of the applicable amount (as defined under section 6(a)(2)), the Bank shall retain not less than 80 percent of total net earning as a provision for possible losses. Net earnings that are not retained as a provision for possible losses shall be used for payment of dividends on capital stock..
 202.Office of the President and term limitsSection 3 of the Export-Import Bank Act of 1945 (12 U.S.C. 635a) is amended— (1)in subsection (b), by inserting who shall be chosen from among those individuals with at least 15 years of banking experience, before and who shall serve as chief executive; and
 (2)in subsection (c)(8)(A)— (A)in clause (iii), by striking and at the end;
 (B)in clause (iv), by striking the period at the end and inserting ; and; and (C)by adding at the end the following:

 (v)no person may serve as the President of the Bank for more than 2 terms.. 203.Repayment as prioritySection 2(b)(1) of the Export-Import Bank Act of 1945 (12 U.S.C. 635(b)(1)) is amended—
 (1)in subparagraph (B), by striking , that loans, so far as possible consistent with the carrying out of the purposes of subsection (a) of this section, shall generally be for specific purposes, and, in the judgment of the Board of Directors, offer reasonable assurance of repayment; and
 (2)by striking subparagraph (C) and inserting the following:  (C)The Bank shall conduct all programs of the Bank in a manner that, in the judgment of the Board of Directors, offers reasonable assurance of repayment and minimizes risk of loss. Loans made by the Bank shall be for specific purposes..
 204.Limitations on outstanding loans, guarantees, and insuranceSection 6(a)(2) of the Export-Import Bank Act of 1945 (12 U.S.C. 635e(a)(2)) is amended to read as follows:

 (2)Applicable amountIn paragraph (1), the term applicable amount means $130,000,000,000.. 205.Credit riskSection 2(b)(1)(A) of the Export-Import Bank Act of 1945 (12 U.S.C. 635(b)(1)(A)) is amended by inserting after (as defined in section 10(h)(3)) the following: , provided that this objective is accomplished in a manner calculated to minimize financial risk to the Bank.
			IIIJob Growth
 301.Medium-sized enterprisesSection 2(b)(1)(F) of the Export-Import Bank Act of 1945 (12 U.S.C. 635(b)(1)(F)) is amended to read as follows:

 (F)Fair consideration for medium-Sized enterprisesIn addition to the programs of the Bank to encourage the participation of small businesses in international commerce, the policies of the Bank shall give fair consideration to making loans and providing guarantees for the export of goods and services by medium-sized enterprises..
 302.Inflation adjustmentSection 12 of the Export-Import Bank Act of 1945 (12 U.S.C. 635i–6) is amended to read as follows:  12.Inflation adjustmentBeginning on the date on which the Bureau of Labor Statistics of the Department of Labor first publishes the Consumer Price Index after the date that is 1 year after the date of the enactment of this section, and annually thereafter, the Bank shall adjust all dollar amounts specified in this Act by the percentage change in the Consumer Price Index published on that date from the Consumer Price Index published the previous year..


		I
		112th CONGRESS
		1st Session
		H. R. 3372
		IN THE HOUSE OF REPRESENTATIVES

			November 4, 2011
			Mr. Walsh of Illinois
			 introduced the following bill; which was referred to the
			 Committee on
			 Agriculture

		A BILL
		To amend the Agricultural Adjustment Act to deregulate
		  the Federal milk marketing order program, to publish competitive milk price
		  survey data, and for other purposes.

		1.Short titleThis Act may be cited as the
			 Dairy Pricing Deregulation Act.
		2.Reform of Federal
			 milk marketing orders
			(a)Terms and
			 conditions of milk and milk products ordersSection 8c of the Agricultural Adjustment
			 Act (7 U.S.C. 608c), reenacted with amendments by the Agricultural Marketing
			 Agreement Act of 1937, is amended—
				(1)in subsection
			 (5)—
					(A)by striking
			 paragraphs (C), (D), (H), (I), (J), and (K);
					(B)by amending
			 paragraph (A) to read as follows:

							(A)Fixing a differential which all handlers of
				milk used for fluid purposes shall pay with respect to such milk, and the time
				when payments shall be made, for milk purchased from producers or associations
				of producers. Such differential shall be uniform as to all such handlers,
				subject only to adjustment for the locations at which delivery of such milk is
				made to such handlers.
							;
					(C)by amending
			 paragraph (B) to read as follows:

							(B)Providing for the payment to all producers
				and associations of producers delivering milk to any fluid milk handler
				regulated by the order, or to any non-fluid milk handler which supplies milk to
				such fluid milk handler in conformity with such requirements as the Secretary
				may establish, a proportionate share, based on volume of delivered milk, of all
				differentials required to be paid under paragraph (A) of this subsection (5),
				subject only to adjustment for the locations at which delivery of such milk is
				made.
							;
					(D)by amending
			 paragraph (F) to read as follows:

							(F)Nothing contained in this subsection is
				intended or shall be construed to prevent a cooperative marketing association
				qualified under the provisions of the Act of Congress of February 18, 1922,
				known as the Capper-Volstead Act (7 U.S.C. 291 et seq.), engaged
				in making collective sales or marketing of milk or its products for the
				producers thereof, from blending the net proceeds of all of its sales of milk
				or its products in all markets, and making distribution thereof to its
				producers in accordance with the contract between the association and its
				producers.
							;

					(E)by amending
			 paragraph (L) to read as follows:

							(L)Providing that adjustments in payments by
				handlers under paragraph (A) need not be the same as adjustments to producers
				under paragraph
				(B).
							;
					(F)by amending
			 paragraph (M) to read as follows:

							(M)(i)Application of
				requirementsNotwithstanding
				any other provision of this section, a milk handler described in clause (ii)
				shall be subject to all of the fluid milk differential requirements of a
				Federal milk marketing order issued pursuant to this section applicable to the
				county in which the plant of the handler is located, if the handler has
				packaged fluid milk product route dispositions, or sales of packaged fluid milk
				products to other plants, in a marketing area located in a State that requires
				handlers to pay minimum prices for raw milk purchases.
								(ii)Covered milk
				handlersExcept as provided
				in clause (iv), clause (i) applies to a handler of Class I milk products
				(including a producer-handler or producer operating as a handler) that—
									(I)operates a plant that is located within the
				boundaries of a Federal order milk marketing area (as those boundaries are in
				effect as of April 11, 2006);
									(II)has packaged fluid milk product route
				dispositions, or sales of packaged fluid milk products to other plants, in a
				milk marketing area located in a State that requires handlers to pay fluid milk
				differentials for raw milk purchases; and
									(III)is not otherwise obligated by a Federal
				milk marketing order, or a regulated milk pricing plan operated by a State, to
				pay minimum class prices or fluid milk differentials for the raw milk that is
				used for such dispositions or sales.
									(iii)Obligation to pay fluid milk
				differentialsFor purposes of
				clause (ii)(III), the Secretary may not consider a handler of Class I milk
				products to be obligated by a Federal milk marketing order to pay fluid milk
				differentials for raw milk unless the handler operates the plant as a fully
				regulated fluid milk distributing plant under a Federal milk marketing
				order.
								(iv)Certain handlers
				exemptedClause (i) does not
				apply to—
									(I)a handler (otherwise described in
				clause (ii)) that operates a nonpool plant (as defined in section 1000.8(e) of
				title 7, Code of Federal Regulations, as in effect on the date of the enactment
				of this subparagraph);
									(II)a producer-handler (otherwise
				described in clause (ii)) for any month during which the producer-handler has
				route dispositions, and sales to other plants, of packaged fluid milk products
				equaling less than 3,000,000 pounds of milk; or
									(III)a handler (otherwise described in
				clause (ii)) for any month during which—
										(aa)less than 25 percent of the total
				quantity of fluid milk products physically received at the plant of the handler
				(excluding concentrated milk received from another plant by agreement for other
				than Class I use) is disposed of as route disposition or is transferred in the
				form of packaged fluid milk products to other plants; or
										(bb)less than 25 percent in aggregate
				of the route disposition or transfers are in a marketing area or areas located
				in one or more States that require handlers to pay minimum prices for raw milk
				purchases.
										;
				and
					(G)by amending
			 paragraph (N) to read as follows:

							(N)Exemption for
				certain milk handlersNotwithstanding any other provision of this
				section, no handler with distribution of Class I milk products in the marketing
				area described in Order No. 131 shall be exempt during any month from any fluid
				milk differential requirement established by the Secretary under this
				subsection if the total distribution of Class I products during the preceding
				month of any such handler’s own farm production exceeds 3,000,000
				pounds.
							;
				and
					(2)by amending
			 subsection (18) to read as follows:

						(18)Fluid milk
				differentialsThe Secretary
				of Agriculture, in prescribing any term in any marketing agreement or order, or
				amendment thereto, relating to milk or its products, if such term is to fix the
				differential to be paid to producers or associations of producers, shall fix
				such differential as follows. Such differentials shall during the first year
				after the effective date of the Dairy Pricing Deregulation Act be equal to the
				differentials for milk used for fluid purposes as they existed under federal
				milk marketing orders on January 1, 2011, subject to all location adjustments
				as they existed under federal milk marketing orders on such date. Such
				differentials shall in each successive year be reduced by an amount equal to 20
				percent of the differentials that existed during the first year after the
				effective date of such Act, and shall be discontinued in the fifth year after
				the effective date of such Act.
						.
				(b)Conforming
			 amendmentSection 10(b)(2)(i)
			 of the Agricultural Adjustment Act (7 U.S.C. 610(b)(2)(i)), reenacted with
			 amendments by the Agricultural Marketing Agreement Act of 1937, is amended by
			 striking each handler subject thereto and inserting each
			 fluid milk handler subject thereto and each non-fluid milk handler which
			 supplies milk to such fluid milk handler.
			(c)Notice and
			 commentThe Secretary of
			 Agriculture shall use the notice and comment procedures provided in section 553
			 of title 5, United States Code, to implement the requirements of the amendments
			 made by subsection (a) of this section.
			(d)Surveys
				(1)In
			 generalThe Secretary of Agriculture shall survey and publish on
			 a regular basis data regarding the payments made by all handlers of milk used
			 for any purpose for milk purchased from producers or associations of
			 producers.
				(2)Bases for
			 publicationThe Secretary shall publish such data on a national
			 weighted-average basis and on a regional basis with respect to as many
			 multi-state regions as the Secretary determines to be of practical use.
				(3)Mandatory
			 participationParticipation in such surveys by handlers shall be
			 mandatory.
				3.Effective
			 dateThe amendments made by
			 this Act shall be effective on the first day of the first month beginning one
			 year after the date of the enactment of this Act.