117 S1750 IS: Wyoming Public Lands Initiative Act of 2021
U.S. Senate
2021-05-20
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.

II117th CONGRESS1st SessionS. 1750IN THE SENATE OF THE UNITED STATESMay 20, 2021Mr. Barrasso (for himself and Ms. Lummis) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural ResourcesA BILLTo redesignate land within certain wilderness study areas in the State of Wyoming, and for other purposes.1.Short titleThis Act may be cited as the Wyoming Public Lands Initiative Act of 2021.2.DefinitionsIn this Act:(1)BureauThe term Bureau means the Bureau of Land Management.(2)DepartmentThe term Department means the Department of the Interior.(3)DirectorThe term Director means the Director of the Bureau of Land Management.(4)EmergencyThe term emergency means a situation that requires immediate action because of an imminent danger—(A)to the health or safety of people; or(B)of harm to property.(5)Range improvementThe term range improvement has the meaning given the term in section 3 of the Public Rangelands Improvement Act of 1978 (43 U.S.C. 1902).(6)StateThe term State means the State of Wyoming.3.Designation of land in Carbon County, Wyoming(a)Designation of wilderness areas(1)Encampment River Canyon Wilderness(A)DesignationIn accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), except as provided in subparagraph (B), the land within the boundaries of the Encampment River Canyon Wilderness Study Area is designated as wilderness and as a component of the National Wilderness Preservation System, to be known as the Encampment River Canyon Wilderness (referred to in this paragraph as the Wilderness).(B)Excluded land(i)Definition of Water Valley RoadIn this subparagraph, the term Water Valley Road means the road in Carbon County, Wyoming, that is 50 feet wide and 17,340 feet long, consisting of approximately 19.904 acres of land in T. 14 N., R. 84 W., including—(I)in sec. 22, land in—(aa)the NE1/4SW1/4; and (bb)the S1/2SW1/4;(II)in sec. 27, land in lots 4, 6, and 7 of the NW1/4SW1/4;(III)in sec. 28, land in lot 1 of the NE1/4SE1/4;(IV)in sec. 34, land in—(aa)the S1/2NE1/4; and(bb)the E1/2NW1/4; and(V)in sec. 35, land in—(aa)the N1/2SW1/4; (bb)the NW1/4SE1/4; and (cc)the S1/2SE1/4. (ii)Land excluded from the WildernessThe following land is not included in the Wilderness:(I)Any land in the NW1/4NW1/4NW1/4 sec. 24, T. 14 N., R. 84 W.(II)Any land within 50 feet of the centerline of—(aa)County Road 353; or(bb)Water Valley Road.(C)Maintenance of roadsNecessary maintenance or repairs to County Road 353 or Water Valley Road (as defined in subparagraph (B)) shall be permitted after the date of enactment of this Act, consistent with the requirements of this subsection.(D)Wildfire suppression(i)In generalNot later than 180 days after the date of enactment of this Act, the Director shall establish a fire suppression plan for the protection of—(I)any individual or structure adjacent to the Wilderness; and(II)the population centers of—(aa)Encampment, Wyoming; and(bb)Riverside, Wyoming.(ii)CoordinationIn carrying out clause (i), the Director shall coordinate with—(I)the Wyoming State Forestry Division; and(II)Carbon County, Wyoming.(2)Prospect Mountain Wilderness(A)DesignationIn accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), except as provided in subparagraph (B), the land within the boundaries of the Prospect Mountain Wilderness Study Area is designated as wilderness and as a component of the National Wilderness Preservation System, to be known as the Prospect Mountain Wilderness (referred to in this paragraph as the Wilderness).(B)Excluded landAny land within 100 feet of the centerline of Prospect Road is not included in the Wilderness.(C)Maintenance of Prospect RoadNecessary maintenance or repairs to Prospect Road shall be permitted after the date of enactment of this Act, consistent with the requirements of this subsection.(3)Management of wilderness areas(A)AdministrationSubject to valid existing rights, the wilderness areas designated in paragraphs (1) and (2) (referred to in this paragraph as the Wilderness Areas) shall be administered by the Director in accordance with—(i)this paragraph; and(ii)the Wilderness Act (16 U.S.C. 1131 et seq.), except that any reference in that Act to the effective date of that Act shall be considered to be a reference to the date of enactment of this Act.(B)GrazingGrazing of livestock in the Wilderness Areas, where established before the date of enactment of this Act, shall be allowed to continue in accordance with—(i)section 4(d)(4) of the Wilderness Act (16 U.S.C. 1133(d)(4));(ii)the guidelines set forth in the report of the Committee on Interior and Insular Affairs of the House of Representatives accompanying H.R. 5487 of the 96th Congress (H. Rept. 96–617); and(iii)the guidelines set forth in appendix A of the Report of the Committee on Interior and Insular Affairs to accompany H.R. 2570 of the 101st Congress (H. Rept. 101–405).(C)Review of policies, practices, and regulations(i)In generalTo ensure that the policies, practices, and regulations of the Department conform to and implement the intent of Congress regarding forest fires and the outbreak of disease or insects, not later than 180 days after the date of enactment of this Act, the Secretary of the Interior shall review all policies, practices, and regulations of the Department applicable to the Wilderness Areas that pertain to—(I)wildland fires, including the use of modern methods of fire suppression (including mechanical activity, as necessary); or(II)the outbreak of disease or insect populations.(ii)RevisionsOn completion of the review under clause (i), the Secretary of the Interior shall revise or develop policies, practices, and regulations for the Wilderness Areas—(I)to ensure the timely and efficient control of fires, diseases, and insects in the Wilderness Areas, in accordance with section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)); and(II)to provide, to the maximum extent practicable, adequate protection from forest fires, disease outbreaks, and insect infestations to any Federal, State, or private land adjacent to the Wilderness Areas. (b)Designation of Bennett Mountains Special Management Area(1)DesignationThe land within the Bennett Mountains Wilderness Study Area is designated as the Bennett Mountains Special Management Area (referred to in this subsection as the Special Management Area).(2)AdministrationThe Special Management Area shall be administered by the Director. (3)Roads; motorized vehicles(A)Roads(i)Prohibition on new permanent roadsThe construction of new permanent roads in the Special Management Area shall not be allowed.(ii)Temporary roadsThe Director may authorize the construction of new temporary roads to respond to an emergency.(B)Motorized vehiclesExcept as needed for administrative purposes, to respond to an emergency, or to develop range improvements, the use of motorized and mechanized vehicles in the Special Management Area shall be allowed only on existing roads and trails designated for the use of motorized or mechanized vehicles by the travel management plan established under subparagraph (C).(C)Travel management planNot later than 2 years after the date of enactment of this Act, the Director shall establish a travel management plan for the Special Management Area.(4)GrazingGrazing of livestock in the Special Management Area shall be administered—(A)as a nondiscretionary use; and(B)in accordance with the laws generally applicable to land under the jurisdiction of the Bureau, including—(i)the Act of June 28, 1934 (commonly known as the Taylor Grazing Act) (48 Stat. 1269, chapter 865; 43 U.S.C. 315 et seq.);(ii)the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); and (iii)the Public Rangelands Improvement Act of 1978 (43 U.S.C. 1901 et seq.). (5)Fire management and suppression(A)In generalThe Director shall carry out fire management and suppression activities in the Special Management Area in accordance with the laws generally applicable to land under the jurisdiction of the Bureau.(B)Review of policies, practices, and regulations(i)In generalTo ensure that the policies, practices, and regulations of the Bureau conform to and implement the intent of Congress regarding forest fires, not later than 180 days after the date of enactment of this Act, the Director shall review all policies, practices, and regulations of the Bureau applicable to the Special Management Area that pertain to wildland fires, including the use of modern methods of fire suppression.(ii)RevisionOn completion of the review under clause (i), the Director shall revise or develop policies, practices, and regulations for the Special Management Area—(I)to ensure the timely and efficient control of fires in the Special Management Area; and(II)to provide, to the maximum extent practicable, adequate protection from forest fires to any Federal, State, or private land adjacent to the Special Management Area.(6)Timber harvestingCommercial timber harvesting shall not be allowed in the Special Management Area.(7)Withdrawal(A)In generalExcept as provided in subparagraph (B), subject to valid rights in existence on the date of enactment of this Act, the land within the boundaries of the Special Management Area is withdrawn from—(i)location, entry, and patent under the mining laws; and(ii)disposition under all laws relating to mineral and geothermal leasing.(B)ExceptionThe Secretary of the Interior may lease oil and gas resources within the boundaries of the Special Management Area if—(i)the lease may only be accessed by directional drilling from a lease that is outside of the Special Management Area; and(ii)the lease prohibits, without exception or waiver, surface occupancy and surface disturbance within the Special Management Area for any activities, including activities related to exploration, development, or production. (c)Designation of Black Cat Special Management Area(1)DesignationThe land described in paragraph (2) is designated as the Black Cat Special Management Area (referred to in this subsection as the Special Management Area).(2)Included landThe Special Management Area shall consist of—(A)the Federal land in T. 14 N., R. 81 W., sec. 35, that is managed by the Forest Service; and(B)the portions of T. 14 N., R. 81 W., secs. 26, 35, and 36, that are south and west of the North Platte River.(3)AdministrationThe Special Management Area shall be administered by the Secretary of Agriculture.(4)Roads; motorized vehicles(A)Roads(i)Prohibition on new permanent roadsThe construction of new permanent roads in the Special Management Area shall not be allowed.(ii)Temporary roadsThe Secretary of Agriculture may authorize the construction of new temporary roads to respond to an emergency.(B)Motorized vehiclesExcept as needed for administrative purposes, to respond to an emergency, or to develop or maintain range improvements, the Secretary of Agriculture shall prohibit the use of motorized and mechanized vehicles in the Special Management Area.(5)GrazingGrazing of livestock in the Special Management Areas shall be administered—(A)as a nondiscretionary use; and(B)in accordance with the laws generally applicable to the National Forest System, including—(i)the Multiple-Use Sustained-Yield Act of 1960 (16 U.S.C. 528 et seq.);(ii)the Act of June 28, 1934 (commonly known as the Taylor Grazing Act) (48 Stat. 1269, chapter 865; 43 U.S.C. 315 et seq.); and(iii)the Public Rangelands Improvement Act of 1978 (43 U.S.C. 1901 et seq.).(6)Fire management and suppression(A)In generalThe Secretary of Agriculture shall carry out fire management and suppression activities in the Special Management Area—(i)in accordance with the laws generally applicable to—(I)the National Forest System; and(II)the land within the boundaries of the Special Management Area; and(ii)(I)if a land management plan has been established for the Special Management Area, in accordance with that land management plan; or(II)if a land management plan has not been established for the Special Management Area, in a manner consistent with land that is similarly situated to the land within the boundaries of the Special Management Area, as determined by the Secretary of Agriculture. (B)Review of policies, practices, and regulations(i)In generalTo ensure that the policies, practices, and regulations of the Department of Agriculture conform to and implement the intent of Congress regarding forest fires, not later than 180 days after the date of enactment of this Act, the Secretary of Agriculture shall review all policies, practices, and regulations of the Department of Agriculture applicable to the Special Management Area that pertain to forest fires, including the use of modern methods of fire suppression.(ii)RevisionOn completion of the review under clause (i), the Secretary of Agriculture shall revise or develop policies, practices, and regulations for the Special Management Area—(I)to ensure the timely and efficient control of fires in the Special Management Area; and(II)to provide, to the maximum extent practicable, adequate protection from forest fires to any Federal, State, or private land adjacent to the Special Management Area.(7)Timber harvestingCommercial timber harvesting shall not be allowed in the Special Management Area.(8)Withdrawal(A)In generalExcept as provided in subparagraph (B), subject to valid rights in existence on the date of enactment of this Act, the land within the boundaries of the Special Management Area is withdrawn from—(i)location, entry, and patent under the mining laws; and(ii)disposition under all laws relating to mineral and geothermal leasing.(B)ExceptionThe Secretary of the Interior may, with the approval of the Secretary of Agriculture, lease oil and gas resources within the boundaries of the Special Management Area if—(i)the lease may only be accessed by directional drilling from a lease that is outside of the Special Management Area; and(ii)the lease prohibits, without exception or waiver, surface occupancy and surface disturbance within the Special Management Area for any activities, including activities related to exploration, development, or production.(d)Release of wilderness study areas(1)FindingCongress finds that, for the purposes of section 603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)), any portion of a wilderness study area described in paragraph (2) that is not designated as wilderness by this section has been adequately studied for wilderness designation. (2)Description of landThe wilderness study areas referred to in paragraphs (1) and (3) are—(A)the Encampment River Canyon Wilderness Study Area;(B)the Prospect Mountain Wilderness Study Area; and(C)the Bennett Mountains Wilderness Study Area.(3)ReleaseAny portion of a wilderness study area described in paragraph (2) that is not designated as wilderness by this section is no longer subject to section 603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)).(4)Management of released land(A)Encampment River Canyon Wilderness Study AreaThe Director shall manage the portion of the Encampment River Canyon Wilderness Study Area released under paragraph (3) in a manner consistent with a resource management plan that is applicable to any land that—(i)is adjacent to that released portion; and(ii)is not included in the Encampment River Canyon Wilderness designated under subsection (a)(1). (B)Prospect Mountain Wilderness Study AreaThe portion of the Prospect Mountain Wilderness Study Area released under paragraph (3) shall be managed in accordance with—(i)the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); and(ii)any other applicable law.(C)Bennett Mountains Wilderness Study AreaThe Director shall manage the portion of the Bennett Mountains Wilderness Study Area released under paragraph (3) in accordance with subsection (b).4.Designation of land in Fremont and Natrona Counties, Wyoming(a)Designation of Upper Sweetwater Canyon and Lower Sweetwater Canyon wilderness areas(1)Designation(A)In generalIn accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), the land within the boundaries of the Sweetwater Canyon Wilderness Study Area is designated as wilderness and, as described in subparagraphs (B) and (C), as 2 components of the National Wilderness Preservation System, to be known as the Upper Sweetwater Canyon Wilderness (referred to in this subsection as the Upper Wilderness) and the Lower Sweetwater Canyon Wilderness (referred to in this subsection as the Lower Wilderness).(B)Upper Sweetwater Canyon Wilderness(i)Boundary(I)In generalExcept as provided in subclause (II), the boundary of the Upper Wilderness shall conform to the boundary of the Sweetwater Canyon Wilderness Study Area.(II)Eastern boundaryThe eastern boundary of the Upper Wilderness shall be 100 feet from the western edge of the north-south road bisecting the Upper Wilderness and the Lower Wilderness, known as Strawberry Creek Road.(ii)Exclusion of existing roadsAny established legal route with authorized motorized use in existence on the date of enactment of this Act that enters the Upper Wilderness in T. 28 N., R. 98 W., sec. 4, or the Lower Wilderness in T. 29 N., R. 97 W., sec. 33, is not included in the Upper Wilderness.(C)Lower Sweetwater Canyon Wilderness(i)Boundary(I)In generalExcept as provided in subclauses (II) and (III), the boundary of the Lower Wilderness shall conform to the boundary of the Sweetwater Canyon Wilderness Study Area.(II)Western boundaryThe western boundary of the Lower Wilderness shall be 100 feet from the eastern edge of the north-south road bisecting the Upper Wilderness and the Lower Wilderness, known as Strawberry Creek Road.(III)Northern boundaryThe northern boundary of the Lower Wilderness shall begin where the bisecting road referred to in subclause (II) enters the Sweetwater Canyon Wilderness Study Area at the border of T. 29 N., R. 98 W., sec. 36, and T. 28 N., R. 98 W., sec. 2, and shall run east along the boundary of T. 29 N., R. 97 W., sec. 31, to the centerline of T. 29 N., R. 97 W., sec. 31, then north along that centerline to the midpoint of T. 29 N., R. 97 W., sec. 31, then east along that centerline to the boundary of T. 29 N., R. 97 W., sec. 32, then following the existing boundary of the Sweetwater Canyon Wilderness Study Area to the midpoint of T. 29 N., R. 97 W., sec. 32, then east along the centerline of T. 29 N., R. 97 W., secs. 32 and 33, to the existing boundary of the Sweetwater Canyon Wilderness Study Area.(ii)Exclusion of existing roadsAny established legal route with authorized motorized use in existence on the date of enactment of this Act that enters the Upper Wilderness in T. 29 N., R. 98 W., sec. 4, or the Lower Wilderness in T. 29 N., R. 97 W., sec. 33, is not included in the Lower Wilderness.(2)Management(A)AdministrationSubject to valid existing rights, the Upper Wilderness and the Lower Wilderness shall be administered by the Director in accordance with—(i)this paragraph; and(ii)the Wilderness Act (16 U.S.C. 1131 et seq.), except that any reference in that Act to the effective date of that Act shall be considered to be a reference to the date of enactment of this Act.(B)GrazingGrazing of livestock in the Upper Wilderness and the Lower Wilderness, where established before the date of enactment of this Act, shall be allowed to continue in accordance with—(i)section 4(d)(4) of the Wilderness Act (16 U.S.C. 1133(d)(4));(ii)the guidelines set forth in the report of the Committee on Interior and Insular Affairs of the House of Representatives accompanying H.R. 5487 of the 96th Congress (H. Rept. 96–617); and(iii)the guidelines set forth in appendix A of the Report of the Committee on Interior and Insular Affairs to accompany H.R. 2570 of the 101st Congress (H. Rept. 101–405).(C)Maintenance of existing roadsNecessary maintenance or repairs to any road described in subparagraph (B) or (C) of paragraph (1) shall be permitted after the date of enactment of this Act, consistent with the requirements of this subsection. (D)Range improvementsThe construction, reconstruction, and maintenance of range improvements shall be allowed in the Upper Wilderness and the Lower Wilderness. (E)Buffer zones(i)In generalNothing in this paragraph creates a protective perimeter or buffer zone around the Upper Wilderness or the Lower Wilderness.(ii)Activities outside wilderness areasThe fact that an activity or use on land outside the Upper Wilderness or the Lower Wilderness can be seen or heard within the Upper Wilderness or the Lower Wilderness, respectively, shall not preclude the activity or use outside the boundary of the Upper Wilderness or the Lower Wilderness.(3)Release of wilderness study areaCongress finds that, for the purposes of section 603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)), the land within the Sweetwater Canyon Wilderness Study Area not designated as wilderness by this subsection has been adequately studied for wilderness designation and is no longer subject to section 603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)).(b)Designation of Sweetwater Rocks Special Management Area(1)DesignationThe land within the Lankin Dome, Split Rock, Savage Peak, and Miller Springs Wilderness Study Areas is designated as the Sweetwater Rocks Special Management Area (referred to in this subsection as the Special Management Area).(2)AdministrationThe Special Management Area shall be administered by the Director in a manner that protects—(A)valid existing rights;(B)agricultural uses;(C)primitive recreational opportunities; and(D)natural, historic, and scenic resources.(3)Motorized vehicles(A)In generalExcept as provided in subparagraph (B), the use of motorized vehicles in the Special Management Area shall be allowed only on established legal routes with authorized motorized use existing on the date of enactment of this Act.(B)ExceptionsNotwithstanding subparagraph (A), the use of motorized vehicles may be allowed in the Special Management Area for the construction, reconstruction, or maintenance of necessary infrastructure, as determined by the Director.(4)GrazingGrazing of livestock in the Special Management Area shall be administered in accordance with the laws generally applicable to land under the jurisdiction of the Bureau. (5)Prohibition on certain overhead towersNo new overhead transmission or communications tower shall be constructed in the Special Management Area.(6)Underground rights-of-wayThe Director may expand any underground right-of-way in the Special Management Area that exists as of the date of enactment of this Act.(7)Buffer zones(A)In generalNothing in this subsection creates a protective perimeter or buffer zone around the Special Management Area.(B)Activities outside special management areaThe fact that an activity or use on land outside the Special Management Area can be seen or heard within the Special Management Area shall not preclude the activity or use outside the boundary of the Special Management Area.(8)Land exchanges and easements(A)Land exchanges(i)In generalThe Director may propose to, and carry out with, an individual or entity owning land in the vicinity of the Special Management Area any land exchange that—(I)increases access to the Special Management Area; and(II)does not result in a net loss of Federal land. (ii)ProcessThe Director may carry out clause (i)—(I)through the use of existing processes; or (II)by establishing a process for proposing and carrying out land exchanges under that clause.(B)EasementsNotwithstanding any other provision of law, the Director may acquire from an individual or entity owning land in the vicinity of the Special Management Area an easement for the purpose of increasing access to the Special Management Area.(9)Withdrawals(A)Mining, mineral, and geothermal withdrawal(i)In generalExcept as provided in clause (ii), subject to valid rights in existence on the date of enactment of this Act, the land within the boundaries of the Special Management Area is withdrawn from—(I)location, entry, and patent under the mining laws; and(II)disposition under all laws relating to mineral and geothermal leasing.(ii)ExceptionThe Secretary of the Interior may lease oil and gas resources within the boundaries of the Special Management Area if—(I)the lease may only be accessed by directional drilling from a lease that is outside of the Special Management Area; and(II)the lease prohibits, without exception or waiver, surface occupancy and surface disturbance within the Special Management Area for any activities, including activities related to exploration, development, or production. (B)Wind and solar energy withdrawalSubject to valid rights in existence on the date of enactment of this Act, the land within the boundaries of the Special Management Area is withdrawn from right-of-way leasing and disposition under all laws relating to wind or solar energy. (10)Release of wilderness study areasCongress finds that, for the purposes of section 603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)), the land within the Lankin Dome, Split Rock, Savage Peak, and Miller Springs Wilderness Study Areas has been adequately studied for wilderness designation and is no longer subject to section 603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)). (c)Release of the Dubois Badlands Wilderness Study Area(1)DivisionThe Director shall divide the land within the Dubois Badlands Wilderness Study Area by installing a fence, or repairing or relocating an existing fence, in T. 41 N., R. 106 W., sec. 5, that—(A)follows existing infrastructure and natural barriers;(B)begins at an intersection with North Mountain View Road in the NE1/4NW1/4 sec. 5, T. 41 N., R. 106 W.;(C)from the point described in subparagraph (B), proceeds southeast to a point near the midpoint of the NE1/4 sec. 5, T. 41 N., R. 106 W.; and(D)from the point described in subparagraph (C), proceeds southwest to a point in the SW1/4NE1/4 sec. 5, T. 41 N., R. 106 W., that intersects with the boundary of the Dubois Badlands Wilderness Study Area.(2)Dubois Motorized Recreation Area(A)EstablishmentThere is established the Dubois Motorized Recreation Area (referred to in this paragraph as the Recreation Area) in the State, to be managed by the Director.(B)Area includedThe Recreation Area shall consist of—(i)any land within the boundaries of the Dubois Badlands Wilderness Study Area that is west of the fence described in paragraph (1); and(ii)any Federal land in T. 41 N., R. 106 W., secs. 5 and 6 that—(I)is managed by the Bureau; and(II)is west of North Mountain View Road.(C)Management(i)Boundary fence(I)In generalThe Director shall construct a fence along the western boundary of the Recreation Area on any land that—(aa)is managed by the Bureau; and(bb)is west of North Mountain View Road.(II)CoordinationIn designing, locating, and constructing the fence described in subclause (I), the Director shall coordinate with the owners of any land adjacent to the land described in that subclause.(ii)Travel management planAs soon as practicable after the date of completion of the fence described in clause (i), the Director shall establish a travel management plan for the Recreation Area to maximize the use of motorized off-road vehicles in the Recreation Area.(3)Dubois Badlands National Conservation Area(A)EstablishmentThere is established the Dubois Badlands National Conservation Area (referred to in this paragraph as the Conservation Area) in the State, to be managed by the Director.(B)Area includedThe Conservation Area shall consist of any land within the boundaries of the Dubois Badlands Wilderness Study Area that is east of the fence described in paragraph (1).(C)Management(i)In generalThe Director shall manage the Conservation Area in a manner that protects—(I)valid existing rights;(II)agricultural uses;(III)primitive recreational opportunities; and(IV)natural, historic, and scenic resources.(D)Motorized vehicles(i)In generalExcept as provided in clause (ii), the use of motorized vehicles in the Conservation Area shall not be allowed.(ii)ExceptionsThe Director may allow the use of motorized vehicles in the Conservation Area for—(I)habitat improvement;(II)the construction, reconstruction, or maintenance of range improvements; and(III)to respond to an emergency.(E)GrazingGrazing of livestock in the Conservation Area shall be administered in accordance with the laws generally applicable to land under the jurisdiction of the Bureau.(F)Rights-of-wayNo major right-of-way shall be allowed within the boundaries of the Conservation Area.(G)Withdrawal(i)In generalSubject to valid rights in existence on the date of enactment of this Act, the land within the boundaries of the Conservation Area is withdrawn from—(I)location, entry, and patent under the mining laws; and(II)disposition under all laws relating to mineral and geothermal leasing.(4)ReleaseCongress finds that, for the purposes of section 603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)), the land within the Dubois Badlands Wilderness Study Area has been adequately studied for wilderness designation and is no longer subject to section 603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)). (d)Release of certain wilderness study areas(1)Copper Mountain Wilderness Study Area(A)ReleaseCongress finds that, for the purposes of section 603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)), the land within the Copper Mountain Wilderness Study Area—(i)has been adequately studied for wilderness designation;(ii)is no longer subject to section 603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)); and(iii)shall be managed in accordance with this paragraph.(B)Management of released land(i)In generalThe land described in subparagraph (A) shall be administered by the Director in accordance with the laws generally applicable to land under the jurisdiction of the Bureau.(ii)Mineral leasing(I)In generalSubject to surface occupancy requirements and any other provision of law, the Director may enter mineral leases for any land described in subparagraph (A) that has a slope of less than 25 percent.(II)Underground rights-of-wayThe Director may grant underground rights-of-way for any mineral lease entered into under subclause (I).(iii)Prohibition of certain leasesSubject to valid rights in existence on the date of enactment of this Act, the Director shall not issue a new lease for a wind or solar project, an overhead transmission line, or a communication tower on the land described in subparagraph (A).(C)Authority to exchange landIn carrying out any land exchange involving any of the land described in subparagraph (A), the Director shall ensure that the exchange does not result in a net loss of Federal land.(2)Whiskey Mountain Wilderness Study Area(A)ReleaseCongress finds that, for the purposes of section 603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)), the land within the Whiskey Mountain Wilderness Study Area—(i)has been adequately studied for wilderness designation;(ii)is no longer subject to section 603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)); and(iii)shall be managed in accordance with this paragraph.(B)Management of released landThe land described in subparagraph (A) shall be administered by the Director in accordance with—(i)a resource management plan that is applicable to any land adjacent to the land described in subparagraph (A); and(ii)the Whiskey Mountain Cooperative Agreement between the Wyoming Game and Fish Commission, the Forest Service, and the Bureau, including any amendment to that agreement relating to the management of bighorn sheep. (e)Management of land in Fremont County, Wyoming(1)Definition of CountyIn this subsection, the term County means Fremont County, Wyoming.(2)Lander slope and Red Canyon Areas of Environmental Concern(A)TransfersThe Director shall pursue transfers in which land managed by the Bureau in the County is exchanged for land owned by the State that is within the boundaries of—(i)the Lander Slope Area of Critical Environmental Concern; or(ii)the Red Canyon Area of Critical Environmental Concern.(B)RequirementsA transfer under subparagraph (A) shall—(i)comply with all requirements of law, including any required analysis; and(ii)be subject to appropriation.(3)Study(A)In generalThe Director shall carry out a study to evaluate the potential for the development of special motorized recreation areas in the County.(B)RequirementsThe study under subparagraph (A) shall evaluate—(i)the potential for the development of special motorized recreation areas on all land managed by the Bureau in the County except—(I)T. 40 N., R. 94 W., secs. 15, 17, 18, 19, 20, 21, 22, 27, 28, 29, and the N1/2 sec. 34; and(II)any land that is subject to a restriction on the use of off-road vehicles under any Federal law, including this Act;(ii)the suitability of the land for off-road vehicles, including rock crawlers; and(iii)the parking, staging, and camping necessary to accommodate special motorized recreation.(C)ReportNot later than 2 years after the date of enactment of this Act, the Director shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report describing the findings of the study under subparagraph (A).(4)Fremont County Implementation Team(A)EstablishmentNot later than 90 days after the date of enactment of this Act, the Secretary of the Interior shall establish a team, to be known as the Fremont County Implementation Team (referred to in this paragraph as the Team) to advise and assist the Director with respect to the implementation of the management requirements described in this section that are applicable to land in the County.(B)MembershipThe team shall consist of—(i)the Secretary of the Interior (or a designee of the Secretary of the Interior); and(ii)1 or more individuals appointed by the Board of County Commissioners of the County.(C)Nonapplicability of the Federal Advisory Committee ActThe team shall not be subject to the requirements of the Federal Advisory Committee Act (5 U.S.C. App.). 5.Designation of land in Johnson and Campbell Counties, Wyoming(a)Designations(1)Fortification Creek Management AreaThe land within the Fortification Creek Wilderness Study Area is designated as the Fortification Creek Management Area.(2)Fraker Mountain Management AreaThe land within the Gardner Mountain Wilderness Study Area is designated as the Fraker Mountain Management Area.(3)North Fork Management AreaThe land within the North Fork Wilderness Study Area is designated as the North Fork Management Area.(b)Management(1)AdministrationThe management areas designated by subsection (a) (referred to in this subsection as the Management Areas) shall be administered by the Director in a manner that—(A)promotes nonmotorized backcountry recreation, including hunting; and(B)supports ongoing projects to maintain and improve—(i)wildlife habitat;(ii)forest health;(iii)watershed protection; and(iv)ecological and cultural values.(2)Roads(A)Prohibition on new permanent roadsThe construction of new permanent roads in the Management Areas shall not be allowed.(B)Temporary roadsThe Secretary of the Interior may authorize the construction of new temporary roads in the Management Areas—(i)for—(I)fire suppression;(II)forest health and restoration;(III)weed and pest control;(IV)habitat management;(V)livestock management; or(VI)the construction, reconstruction, or maintenance of a range improvement; or(ii)to respond to an emergency.(3)Motorized vehicles(A)In generalExcept as provided in subparagraph (B), the use of motorized or mechanized vehicles in the Management Areas shall not be allowed.(B)ExceptionsThe Director may allow the use of motorized or mechanized vehicles in the Management Areas—(i)for—(I)fire suppression;(II)forest health and restoration;(III)weed and pest control;(IV)habitat management;(V)livestock management; or(VI)the construction, reconstruction, or maintenance of a range improvement; or(ii)to respond to an emergency.(4)GrazingGrazing of livestock in the Management Areas shall be administered in accordance with the laws generally applicable to land under the jurisdiction of the Bureau.(5)Prohibition on certain infrastructureThe development, construction, or installation of infrastructure for recreational use shall not be allowed in—(A)the Fraker Mountain Management Area; or (B)the North Fork Management Area. (6)Withdrawal(A)In generalExcept as provided in subparagraph (B), subject to valid rights in existence on the date of enactment of this Act, the land within the boundaries of the Management Areas is withdrawn from—(i)location, entry, and patent under the mining laws; and(ii)disposition under all laws relating to mineral and geothermal leasing.(B)ExceptionThe Secretary of the Interior may lease oil and gas resources within the boundaries of a management area designated by paragraph (1) if—(i)the lease may only be accessed by directional drilling from a lease that is outside of the management area; and(ii)the lease prohibits, without exception or waiver, surface occupancy and surface disturbance within the management area for any activities, including activities related to exploration, development, or production.(7)Release of wilderness study areasCongress finds that, for the purposes of section 603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)), the land within the Fortification Creek Wilderness Study Area, the Gardner Mountain Wilderness Study Area, and the North Fork Wilderness Study Area has been adequately studied for wilderness designation and is no longer subject to section 603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)). 6.Designation of land in Washakie and Hot Springs Counties, Wyoming(a)Designation of Bobcat Draw Wilderness(1)Designation(A)In generalIn accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), the approximately 6,200 acres of land within the Bobcat Draw Wilderness Study Area described in subparagraph (B) is designated as wilderness and as a component of the National Wilderness Preservation System, to be known as the Bobcat Draw Wilderness (referred to in this subsection as the Wilderness).(B)Included landThe Wilderness shall consist of—(i)in T. 48 N., R. 97 W., secs. 2, 3, 10, 11, 15, 22, 23, 26, and 27, any land in the Bobcat Draw Wilderness Study Area that is in Washakie County, Wyoming;(ii)in T. 48 N., R. 97 W., sec. 4, the land in—(I)the E1/2SE1/4;(II)lots 5, 6, 11, 12, 13 and 14 of the NE1/4;(III)the east 1/2 of lot 10 of the NW1/4; and(IV)the northeast 1/4 of lot 15 of the NW1/4;(iii)in T. 48 N., R. 97 W., sec. 9, the land in—(I)the E1/2NE1/4;(II)the SW1/4NE1/4;(III)the E1/2NW1/4NE1/4;(IV)the SE1/4SE1/4NW1/4;(V)the SE1/4;(VI)the E1/2NE1/4SW1/4;(VII)the SW1/4NE1/4SW1/4;(VIII)the SE1/4SW1/4; and(IX)the E1/2SW1/4SW1/4;(iv)in T. 48 N., R. 97 W., sec. 14, the land in—(I)the W1/2;(II)the W1/2NE1/4;(III)the W1/2SE1/4; and(IV)the SE1/4SE1/4;(v)in T. 48 N., R. 97 W., sec. 21, the land in—(I)the NE1/4;(II)the E1/2NE1/4NW1/4;(III)the E1/2SE1/4NW1/4;(IV)the E1/2NE1/4SW1/4;(V)that part of the E1/2SE1/4SW1/4 within the boundary of the Bobcat Draw Wilderness Study Area; and(VI)that part of the SE1/4 within the boundary of the Bobcat Draw Wilderness Study Area; and(vi)in T. 48 N., R. 97 W., sec. 24, the land in—(I)the W1/2NW1/4; and(II)that part of the NW1/4SW1/4 within the boundary of the Bobcat Draw Wilderness Study Area.(2)Management(A)AdministrationSubject to valid existing rights, the Wilderness shall be administered by the Director in accordance with—(i)this paragraph; and(ii)the Wilderness Act (16 U.S.C. 1131 et seq.), except that any reference in that Act to the effective date of that Act shall be considered to be a reference to the date of enactment of this Act.(B)GrazingGrazing of livestock in the Wilderness, where established before the date of enactment of this Act, shall be allowed to continue in accordance with—(i)section 4(d)(4) of the Wilderness Act (16 U.S.C. 1133(d)(4));(ii)the guidelines set forth in the report of the Committee on Interior and Insular Affairs of the House of Representatives accompanying H.R. 5487 of the 96th Congress (H. Rept. 96–617); and(iii)the guidelines set forth in appendix A of the Report of the Committee on Interior and Insular Affairs to accompany H.R. 2570 of the 101st Congress (H. Rept. 101–405).(C)Review of policies, practices, and regulations(i)In generalTo ensure that the policies, practices, and regulations of the Department conform to and implement the intent of Congress regarding forest fires and the outbreak of disease or insects, not later than 180 days after the date of enactment of this Act, the Secretary of the Interior shall review all policies, practices, and regulations of the Department applicable to the Wilderness that pertain to—(I)forest fires, including the use of modern methods of fire suppression (including mechanical activity, as necessary); or (II)the outbreak of disease or insect populations.(ii)RevisionsOn completion of the review under clause (i), the Secretary of the Interior shall revise or develop policies, practices, and regulations for the Wilderness—(I)to ensure the timely and efficient control of fires, diseases, and insects in the Wilderness; and(II)to provide, to the maximum extent practicable, adequate protection from forest fires, disease outbreaks, and insect infestations to any Federal, State, or private land adjacent to the Wilderness. (3)Release of wilderness study area(A)ReleaseCongress finds that, for the purposes of section 603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)), the land within the Bobcat Draw Wilderness Study Area not designated as wilderness by this subsection has been adequately studied for wilderness designation and is no longer subject to section 603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)).(B)Classification and management of released land(i)ClassificationThe Director shall designate the land described in subparagraph (A) as visual resource management class II.(ii)GrazingGrazing of livestock on the land described in subparagraph (A) shall be administered—(I)as a nondiscretionary use; and(II)in accordance with the laws generally applicable to land under the jurisdiction of the Bureau.(C)Travel management plan(i)In generalNot later than 2 years after the date of enactment of this Act, the Director shall develop a travel management plan for the land described in subparagraph (A).(ii)RequirementsThe travel management plan under clause (i) shall—(I)identify all existing roads and trails on the land described in subparagraph (A);(II)designate each road or trail available for—(aa)motorized or mechanized recreation; or(bb)agriculture practices;(III)prohibit the construction of any new road or trail for motorized or mechanized recreation use; and(IV)permit the continued use of nonmotorized trails.(D)Withdrawal(i)In generalExcept as provided in clause (ii), subject to valid rights in existence on the date of enactment of this Act, the land described in subparagraph (A) is withdrawn from—(I)location, entry, and patent under the mining laws; and(II)disposition under all laws relating to mineral and geothermal leasing.(ii)ExceptionThe Secretary of the Interior may lease oil and gas resources within the land described in subparagraph (A) if—(I)the lease may only be accessed by directional drilling from a lease that is outside of the land described in subparagraph (A); and(II)the lease prohibits, without exception or waiver, surface occupancy and surface disturbance on the land described in subparagraph (A) for any activities, including activities related to exploration, development, or production.(b)Designation of Cedar Mountain Special Management Area(1)Designation(A)In generalExcept as provided in subparagraph (B), the land within the Cedar Mountain Wilderness Study Area is designated as the Cedar Mountain Special Management Area (referred to in this subsection as the Special Management Area).(B)Excluded land(i)In generalThe land described in clause (ii) is not included in the Special Management Area.(ii)Land describedThe land referred to in clause (i) is the land designated by the Bureau as not suitable for wilderness in—(I)the NE1/4NW1/4 sec. 5, T. 44 N., R. 94 W;(II)the NE1/4SE1/4 sec. 5, T. 44 N., R. 94 W;(III)the SW1/4NE1/4 sec. 5, T. 44 N., R. 94 W; and(IV)the SW1/4SW1/4 sec. 32, T. 45 N., R. 94 W. (2)AdministrationThe Special Management Area shall be administered by the Director in a manner that—(A)maintains the recreational, scenic, cultural, ecological, wildlife, and livestock production values of the Special Management Area; and(B)promotes continued use of the Special Management Area for recreational activities, including hunting and wildlife viewing.(3)Travel management plan(A)In generalNot later than 2 years after the date of enactment of this Act, the Director shall develop a travel management plan for the Special Management Area.(B)RequirementsThe travel management plan under subparagraph (A) shall—(i)identify all existing roads and trails in the Special Management Area;(ii)designate each road or trail available for—(I)motorized or mechanized recreation; or(II)agriculture practices;(iii)prohibit the construction of any new road or trail for motorized or mechanized recreation use; and(iv)permit the continued use of nonmotorized trails.(4)Motorized vehicles(A)Use of motorized vehicles for livestockThe use of motorized vehicles shall be allowed on any road in the Special Management Area for—(i)the construction, reconstruction, or maintenance of range improvements; or(ii)other livestock-management purposes.(B)Use of motorized vehicles for emergenciesThe use of motorized vehicles shall be allowed in the Special Management Area—(i)for fire suppression;(ii)for weed and pest management; and(iii)to respond to an emergency.(5)GrazingGrazing of livestock in the Special Management Area shall be administered—(A)as a nondiscretionary use; and(B)in accordance with the laws generally applicable to land under the jurisdiction of the Bureau. (6)Withdrawal(A)In generalExcept as provided in subparagraph (B), subject to valid rights in existence on the date of enactment of this Act, the land within the boundaries of the Special Management Area is withdrawn from—(i)location, entry, and patent under the mining laws; and(ii)disposition under all laws relating to mineral and geothermal leasing.(B)ExceptionThe Secretary of the Interior may lease oil and gas resources within the boundaries of the Special Management Area if—(i)the lease may only be accessed by directional drilling from a lease that is outside of the Special Management Area; and(ii)the lease prohibits, without exception or waiver, surface occupancy and surface disturbance within the Special Management Area for any activities, including activities related to exploration, development, or production.(7)Release of wilderness study area(A)ReleaseCongress finds that, for the purposes of section 603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)), the land within the Cedar Mountain Wilderness Study Area has been adequately studied for wilderness designation and is no longer subject to section 603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)).(B)Management of certain released landThe Director shall manage any land described in subparagraph (A) that is not included in the Special Management Area in a manner consistent with a resource management plan that is applicable to any land that—(i)is managed by the Bureau; and(ii)is similarly situated to the land described in subparagraph (A) that is not included in the Special Management Area.(c)Release of Honeycombs Wilderness Study Area(1)ReleaseCongress finds that, for the purposes of section 603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)), the land within the Honeycombs Wilderness Study Area—(A)has been adequately studied for wilderness designation;(B)is no longer subject to section 603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)); and(C)shall be managed in accordance with this subsection.(2)Management of released landThe land described in paragraph (1) shall be administered by the Director in accordance with—(A)the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); and(B)a resource management plan that is applicable to any land adjacent to the land described in paragraph (1).(d)Study of land in Hot Springs and Washakie Counties(1)Definition of CountiesIn this subsection, the term Counties means each of the following counties in the State:(A)Hot Springs County.(B)Washakie County.(2)Study(A)In generalThe Director shall carry out a study to evaluate the potential for the development of new special motorized recreation areas in the Counties.(B)Requirements(i)Land includedThe study under subparagraph (A) shall evaluate the potential for the development of new special motorized recreation areas on all land managed by the Bureau in the Counties except any land that is subject to a restriction on the use of motorized or mechanized vehicles under any Federal law, including this Act.(ii)Public input; collaborationIn carrying out the study under subparagraph (A), the Director shall—(I)offer opportunities for public input; and(II)collaborate with—(aa)Wyoming Parks, Historic Sites, and Trails; and(bb)the Counties.(C)ReportNot later than 2 years after the date of enactment of this Act, the Director shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report describing the findings of the study under subparagraph (A).


110 HR 6424 IH: Property Mitigation Assistance Act of

U.S. House of Representatives
2008-06-26
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		110th CONGRESS
		2d Session
		H. R. 6424
		IN THE HOUSE OF REPRESENTATIVES

			June 26, 2008
			Mr. Thompson of
			 Mississippi introduced the following bill; which was referred to the
			 Committee on Transportation and
			 Infrastructure

		A BILL
		To establish a homeowner mitigation loan program within
		  the Federal Emergency Management Agency to promote pre-disaster property
		  mitigation measures.

		1.Short titleThis Act may be cited as the
			 Property Mitigation Assistance Act of
			 2008.
		2.Homeowner
			 mitigation loan programSection 203 of the Robert T. Stafford
			 Disaster Assistance and Emergency Relief Act (42 U.S.C. 5133) is
			 amended—
			(1)by
			 redesignating subsection (m) as subsection (n); and
			(2)by inserting after
			 subsection (l) the following:

					(m)Homeowner
				Mitigation Loan Program
						(1)EstablishmentThe
				Administrator of the Federal Emergency Management Agency shall establish a
				grant program to provide assistance to States to promote pre-disaster property
				mitigation measures within the jurisdiction of the States.
						(2)ApplicationA
				State desiring a grant under this subsection shall submit an application as
				required pursuant to regulations promulgated by the Administrator under
				paragraph (7).
						(3)Eligibility
				requirementsIn order to be eligible to receive a grant under
				paragraph (1), a State shall have—
							(A)submitted a
				mitigation plan under section 322(c);
							(B)established a
				process for accepting and processing grant and loan applications from
				individual homeowners and business owners;
							(C)established a
				revolving loan fund into which any grant amounts received under this section
				shall be deposited; and
							(D)submitted a detailed
				plan for how terms and conditions for loans and grants authorized under
				paragraph (5) will be set.
							(4)Funding
				formula
							(A)In
				generalThe Administrator shall allocate grant amounts to
				eligible States under paragraph (1) according to a formula based on the
				following factors:
								(i)The extent and
				nature of the potential hazards to property in the State.
								(ii)The level and
				degree of risk of potential hazards or natural disasters confronted by the
				State.
								(iii)The number of
				properties at risk in the event that a hazard or natural disaster should occur
				in the State.
								(iv)The amount of
				prior property damages incurred by the State during any previous hazard or
				natural disaster.
								(v)Any available data
				on the future risk of occurrence of any hazard or natural disaster in a
				State.
								(B)Baseline
				amountAny formula developed by the Administrator under
				subparagraph (A) shall ensure that each eligible State shall receive, at a
				minimum, an amount equal to not less than $500,000.
							(C)Matching
				requirementTo be eligible to receive any grant funds under this
				subsection, a State shall contribute matching non-Federal funds in an amount
				equal to not less than 10 percent of the total amount of the grant.
							(5)Eligible
				activities
							(A)In
				generalA grant under this subsection may be used by a State to
				carry out grant and lending functions as authorized under this
				paragraph.
							(B)Revolving loans
				and grants to homeowners and businesses
								(i)Authority of
				StatesEach State is authorized to make from any revolving loan
				fund established pursuant to paragraph (3)(C) grants or loans from such fund to
				assist individual homeowners and businesses in undertaking pre-disaster
				property mitigation measures.
								(ii)Determination
				of the StateNo loans shall be provided under this paragraph
				unless a State determines that—
									(I)there is
				reasonable assurance of repayment of the loan; and
									(II)the amount of the
				loan, together with other funds available to the property owner, is adequate to
				ensure the purposes for which the loan is made.
									(iii)Grant and loan
				requirements
									(I)GrantsA
				State may make grants for elevation and other pre-disaster property mitigation
				measures to homeowners with household incomes of less than 50 percent of area
				median income.
									(II)LoansA
				State may make—
										(aa)low-interest
				loans for elevation and other pre-disaster property mitigation measures to
				homeowners with household incomes of less than 120 percent of area median
				income; and
										(bb)loans for
				elevation and other pre-disaster property mitigation measures to homeowners
				with household incomes of greater than 120 percent of area median income or any
				other property owner, including business owners.
										(III)Maximum grant
				and loan amounts
										(aa)In
				generalEach State shall establish maximum grant and loan amounts
				for elevation and other pre-disaster property mitigation measures under
				subclause (II).
										(bb)ConsiderationsIn
				establishing the grant and loan amounts under item (aa), each State shall
				consider the following:
											(AA)The degree to
				which such amounts will maximize mitigation efforts.
											(BB)The ability of
				such amounts to allow a homeowner to properly and effectively undertake
				mitigation activities.
											(IV)Interest
				rateFor purposes of this paragraph, each State shall develop a
				sliding scale mechanism for determining the rate of interest to charge
				homeowners who apply for loans under this program based on their income
				level.
									(V)No
				compoundingInterest on the outstanding principal balance of any
				loan under this paragraph shall not compound.
									(VI)Balance
				due
										(aa)In
				generalThe principal of any loan made under this paragraph,
				including any interest accrued on such principal, shall not be due and payable
				before the period set forth in subclause (VII)(bb) unless the real property
				securing such loan is sold or transferred.
										(bb)Deposit of
				balance dueIf the event described in item (aa) occurs, the
				principal of any loan made under this paragraph, including any interest accrued
				on such principal, shall immediately become due and payable to the
				State.
										(VII)Repayment
				periodAll loans made under this paragraph shall be
				repayable—
										(aa)on a
				monthly basis; and
										(bb)within a period
				of not more than 15 years.
										(VIII)No penalty for
				prepaymentAny homeowner or other property owner who receives a
				loan under this section may repay the loan in full, without penalty, by lump
				sum or by installment payments, at any time prior to the loan becoming due and
				payable.
									(IX)CreditsThe
				interest on, and the proceeds from the collection or redemption of, any loan
				obligations held by the revolving loan fund of a State shall be credited to and
				form a part of such fund.
									(X)Subordination
				permittedAny loan made under this section will be subordinated
				to any refinancing of the first mortgage, any preexisting subordinate
				financing, any purchase money mortgage, or subordinated for any other reason,
				as determined by the State.
									(C)Application
				process
								(i)In
				generalAn individual homeowner or business desiring a loan or
				grant under this paragraph shall submit an application at such time, in such
				manner, and accompanied by such information as the State may reasonably
				require.
								(ii)Required
				showing by homeownersAn individual homeowner desiring a loan or
				grant under this paragraph shall submit to the State proof that such homeowner
				has insured the property on which any funds awarded under this paragraph will
				be used to undertake pre-disaster property mitigation measures, including
				proving that such homeowner has flood insurance on such property if the
				pre-disaster mitigation measure to be undertaken are being done to lower the
				risk of loss from a flood.
								(iii)State
				responsibilityEach State receiving a grant under this subsection
				shall establish a process wherein not later than 60 days after the receipt of
				an application for a loan or grant submitted by a homeowner or business under
				clause (i), the State issues a determination as to whether or not such
				application is approved. In making such determination, that State shall examine
				if the proposed mitigation project in the application satisfies the
				requirements of this paragraph, including whether—
									(I)the homeowner or
				business is located in an area at risk of hazard or natural disaster;
									(II)the mitigation
				project is an eligible activity for purposes of such loan or grant; and
									(III)the cost of the
				mitigation project is reasonable.
									(D)Consultation
				with localitiesEach State receiving a grant under this
				subsection shall develop a process by which such State will consult with local
				and municipal governments as to each project proposed to be funded by a loan or
				grant under this paragraph.
							(6)Prohibition on
				use of funds for community-wide mitigation activitiesNone of the
				amounts made available under this subsection may be used for community-wide
				mitigation activities.
						(7)Permissible
				designeesA State receiving a grant under this subsection may
				designate a State housing finance agency or any other State agency, office, or
				entity with experience in maintaining grant and loan programs to—
							(A)apply for a grant
				under this subsection;
							(B)receive and
				distribute grant funds awarded under this subsection in accordance with the
				requirements of this subsection; and
							(C)perform any other
				administrative duties related to the activities authorized by this
				subsection.
							(8)RulemakingNot
				later than 6 months after the date of enactment of the Property Mitigation
				Assistance Act of 2008, the Administrator shall promulgate regulations
				implementing the provisions of this subsection.
						(9)Report to
				congressThe Administrator shall, on annual basis, report to
				Congress on the activities authorized by this subsection.
						(10)DefinitionsAs
				used in this subsection:
							(A)Low-interest
				loanThe term low-interest loan means a loan that
				carries a simple annual percentage rate that shall be determined in the
				discretion of the State, but that shall, at minimum, be less than the prime
				rate of interest.
							(B)Median
				incomeThe term median income means, with respect to
				an area, the unadjusted median family income for the area, as determined and
				published annually by the Secretary of Housing and Urban Development.
							(C)Other
				pre-disaster property mitigation measuresThe term other
				pre-disaster property mitigation measures includes—
								(i)activities such as
				the addition of storm shutters, hurricane clips, and safe rooms;
								(ii)small elevation
				projects, such as the elevation of an electrical or heating system; and
								(iii)any other
				activity the Administrator, State, or local government believes will mitigate
				the risks of future hazards and natural disasters.
								(D)Prime rate of
				interestThe term prime rate of interest means the
				target Federal funds rate as determined by the Federal Open Markets Committee
				of the Federal Reserve System plus 300 basis points.
							(E)Property
				mitigation measures related to elevationThe term property
				mitigation measures related to elevation means the elevation of a
				home.
							(11)Authorization
				of AppropriationsThere are authorized to be appropriated to
				carry out this subsection $200,000,000 for each of fiscal years 2009 through
				2014.
						.


115 HR 3702 IH: Manufacturing Economic Recovery Act of 2017
U.S. House of Representatives
2017-09-07
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I115th CONGRESS1st SessionH. R. 3702IN THE HOUSE OF REPRESENTATIVESSeptember 7, 2017Mr. McKinley (for himself and Mr. Rush) introduced the following bill; which was referred to the Committee on Ways and MeansA BILLTo amend the Internal Revenue Code of 1986 to provide incentives for the expansion of manufacturing
			 in the United States.

 1.Short titleThis Act may be cited as the Manufacturing Economic Recovery Act of 2017. 2.Credit for acquisition of manufacturing property (a)In generalSubpart E of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to rules for computing credit for investment in certain depreciable property) is amended by inserting after section 48D the following new section:

					48E.Acquisition of manufacturing property
 (a)In generalFor purposes of section 46, the manufacturing recovery credit for any taxable year is an amount equal to—
 (1)the applicable percentage of the taxpayer’s basis in manufacturing real property placed in service by the taxpayer during the taxable year, and
 (2)the applicable percentage of the taxpayer’s basis in manufacturing tangible personal property placed in service by the taxpayer during the taxable year.
 (b)Applicable percentagesFor purposes of this section— (1)Real propertyIn the case of manufacturing real property, the applicable percentage is—
 (A)10 percent in the case of property located on existing manufacturing property, (B)15 percent in the case property of located on former manufacturing property, and
 (C)20 percent in the case of property located on future manufacturing property. (2)Tangible personal propertyIn the case of manufacturing tangible personal property, the applicable percentage shall be determined in accordance with the following table:

											If the aggregate manufacturing tangible personal property placed in service during the taxable year is:To the extent located on existing manufacturing property, the applicable percentage is:To the extent located on former manufacturing property, the applicable percentage is:To the extent located on future manufacturing property, the applicable percentage is:

											Not over $250,0005 percent10 percent15 percent
											Over $250,000 but not over $1,000,0007.5 percent12.5 percent17.5 percent
											Over $1,000,00010 percent15 percent20 percent.
							(3)Increased credit for property located in economically disadvantaged areas
 (A)In generalIf the manufacturing property is located in an economically disadvantaged area, each of the percentages under paragraphs (1) and (2) shall be increased by 5 percentage points.
 (B)Extremely economically disadvantaged areasIf the manufacturing property is located in an extremely economically disadvantaged area, each of the percentages under paragraphs (1) and (2) shall, in lieu of an increase under subparagraph (A), be increased by 10 percentage points.
 (C)Economically disadvantaged areasFor purposes of this paragraph— (i)In generalThe term economically disadvantaged area means any area—
 (I)for which there is a single 5-digit postal zip code, and (II)which includes any portion of a census tract in which the median annual household income is less than $40,000 per year.
 (ii)Extremely economically disadvantaged areasThe term extremely economically disadvantaged area means any area which would be described in clause (i) if $32,000 were substituted for $40,000 in subclause (II) thereof. (iii)Household incomeMedian annual household income shall be determined using the 2010 census, as updated by the American Community Survey of the Bureau of the Census.
 (iv)Areas not within census tractsIn the case of an area which is not tracted for population census tracts, the equivalent county divisions (as defined by the Bureau of the Census for purposes of defining poverty areas) shall be used for purposes of determining median annual household income.
 (c)Manufacturing propertyFor purposes of this section— (1)Manufacturing property (A)In generalThe term manufacturing property means tangible property used in the United States in the trade or business of manufacturing tangible personal property.
 (B)Manufacturing of residential real property not includedSuch term does not include property used to manufacture residential real property, including such property used on a transient basis.
 (2)Existing manufacturing propertyThe term existing manufacturing property means any property which was a manufacturing facility, or a part of a manufacturing facility, at any time during the period beginning 5 years before the date of the enactment of this section and ending on the day before its purchase by the taxpayer.
 (3)Former manufacturing propertyThe term former manufacturing property means any property (other than an existing manufacturing property) which was a manufacturing facility, or a part of a manufacturing facility, at any time before the period described in paragraph (2).
 (4)Future manufacturing propertyThe term future manufacturing property means any existing or former manufacturing property on which there are no permanent vertical structures.
 (5)Manufacturing real propertyThe term manufacturing real property means manufacturing property which is land or section 1250 property (as defined in section 1250(c)).
 (6)Manufacturing tangible personal propertyThe term manufacturing tangible personal property means manufacturing property which is tangible property other than manufacturing real property. (d)Credit not allowable for certain relocations of manufacturing facilitiesThis section shall not apply to property acquired as part of a relocation of a manufacturing facility unless the new location—
 (1)is in a different State than the prior location, or (2)is more than 100 miles from the prior location.
							(e)Special rules
 (1)Credit not allowable if remediation deduction claimedThis section shall not apply to any property located on a site with respect to which the taxpayer (or a related party) is allowed a deduction under section 198 (relating to expensing of environmental remediation costs).
 (2)Basis adjustmentFor purposes of this subtitle, if a credit is allowed under this section for an expenditure related to property, the basis of such property shall be reduced by the amount of such credit.
 (3)Controlled groupsFor purposes of this section, all persons treated as a single employer under subsection (a) or (b) of section 52 or subsection (m) or (o) of section 414 shall be treated as a single taxpayer..
 (b)Inclusion as part of investment creditSection 46 of such Code is amended by striking and at the end of paragraph (5), by striking the period at the end of paragraph (6) and inserting , and, and by adding at the end the following new paragraph:  (7)the manufacturing recovery credit..
			(c)Conforming amendments
 (1)Section 49(a)(1)(C) of such Code is amended— (A)by striking ‘‘and’’ at the end of clause (v),
 (B)by striking the period at the end of clause (vi) and inserting ‘‘, and’’, and (C)by adding at the end the following new clause:

 (vii)the basis of any property which is manufacturing property under section 48E.. (2)The table of sections for subpart E of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 48D the following new item:

						Sec. 48E. Acquisition of manufacturing property..
 (d)Effective dateThe amendments made by this section shall apply to property placed in service after the date of the enactment of this Act in taxable years ending after such date.
			3.Incentives for hiring manufacturing recovery employees
 (a)In generalParagraph (1) of section 51(d) of the Internal Revenue Code of 1986 is amended by striking or at the end of subparagraph (I), by striking the period at the end of subparagraph (J) and inserting , or, and by adding at the end the following new subparagraph:

 (K)a manufacturing recovery employee.. (b)Manufacturing recovery employeeSubsection (d) of section 51 of such Code is amended by adding at the end the following new paragraph:

					(16)Manufacturing recovery employee
 (A)In generalThe term manufacturing recovery employee means any individual who is certified by the designated local agency as having a hiring date which is after the date of the enactment of the Manufacturing Economic Recovery Act of 2017 and before the close of the 3-year period beginning on the date that the employer first operated the manufacturing facility at which the individual is employed.
 (B)Increased credit for hiring unemployedIn the case of a manufacturing recovery employee who is certified by the designated local agency as having received unemployment compensation under State or Federal law for not less than 4 weeks during the 3-year period ending on the hiring date, subsection (a) shall be applied by substituting 50 percent for 40 percent.
 (C)No credit for less than full-time employmentAn individual shall not be treated as a manufacturing recovery employee for any week during which— (i)the individual is employed by the employer for less than 35 hours at a manufacturing facility of the employer, or
 (ii)the individual performs less than 90 percent of individual’s services for the employer at the manufacturing facility.
 (D)Manufacturing facility must be in united statesNo credit shall be allowable by reason of this paragraph unless the manufacturing facility is located in the United States..
 (c)Permanent credit for manufacturing recovery employeesParagraph (4) of section 51(c) of such Code (relating to termination) is amended by adding at the end the following:

					The preceding sentence shall not apply to any manufacturing recovery employee..
 (d)Effective dateThe amendments made by this section shall apply to individuals who first begin work for the employer after the date of the enactment of this Act.


		II
		109th CONGRESS
		2d Session
		S. 3770
		IN THE SENATE OF THE UNITED STATES

			August 1, 2006
			Mr. Menendez (for
			 himself and Mr. Lautenberg) introduced
			 the following bill; which was read twice and referred to the
			 Committee on Veterans'
			 Affairs

		A BILL
		To require a pilot program on the facilitation of the
		  transition of members of the Armed Forces to receipt of veterans health care
		  benefits upon completion of military service, and for other
		  purposes.

		1.Pilot program on facilitation
			 of transition of members of the Armed Forces to receipt of veterans health care
			 benefits after completion of military service
			(a)Program
			 required
				(1)In
			 generalThe Secretary of
			 Veterans Affairs shall carry out a pilot program to assess the feasibility and
			 advisability of utilizing eligible entities to assist members of the Armed
			 Forces, particularly members described in paragraph (2), in applying for and
			 receiving health care benefits and services from the Department of Veterans
			 Affairs and otherwise after completion of military service in order to ensure
			 that such members receive a continuity of care and assistance in and after the
			 transition from military service to civilian life.
				(2)Target
			 populationsThe pilot program shall focus on providing assistance
			 to all members of the Armed Forces, with particular emphasis on the following
			 members:
					(A)Members with
			 serious wounds or injuries.
					(B)Members with
			 mental disorders.
					(C)Women
			 members.
					(D)Members of the
			 National Guard and the Reserves.
					(3)Veteran
			 navigatorEligible entities shall provide assistance under the
			 pilot program through qualified individuals who provide such assistance on an
			 individualized basis to members of the Armed Forces described in paragraph (1)
			 as they transition from military service to civilian life and during the
			 commencement of their receipt of health care benefits and services from the
			 Department of Veterans Affairs and otherwise. An individual providing such
			 assistance may be referred to as a veteran navigator.
				(4)ConsultationThe
			 Secretary of Veterans Affairs shall carry out the pilot program in consultation
			 with the Secretary of Defense.
				(b)Duration of
			 programThe pilot program shall be carried out during the
			 five-year period beginning on the date of the enactment of this Act.
			(c)Program
			 locations
				(1)In
			 generalThe pilot program shall be carried out at locations
			 selected by the Secretary of Veterans Affairs for purposes of the pilot
			 program. Of the locations so selected—
					(A)at least one
			 shall be in the vicinity of a military medical treatment facility (MTF) that
			 treats members of the Armed Forces who are seriously wounded or injured in
			 Afghanistan or Iraq;
					(B)at least one
			 shall be in the vicinity of a Department of Veterans Affairs medical center
			 located in a rural area; and
					(C)at least one
			 shall be in the vicinity of a Department of Veterans Affairs medical center
			 located in an urban area.
					(2)Additional
			 locationsAny locations for the pilot program that are in
			 addition to the locations selected under paragraph (1) shall be selected by the
			 Secretary in consultation with the grant application evaluation panel appointed
			 under subsection (f)(3).
				(d)Grants
				(1)In
			 generalThe Secretary of Veterans Affairs shall carry out the
			 pilot program through the award of grants to eligible entities for the
			 provision of assistance to members of the Armed Forces as described in
			 subsection (a).
				(2)DurationThe
			 duration of any grant awarded under the pilot program may not exceed three
			 years. However, any such grant may be renewed for a period not to exceed one
			 year.
				(e)Eligible
			 entitiesFor purposes of this subsection, an eligible entity is
			 any entity or organization that—
				(1)is independent of
			 the Department of Veterans Affairs and the Department of Defense; and
				(2)has or can
			 acquire the capacity, including appropriate personnel, to provide assistance
			 under the pilot program as described in subsection (a).
				(f)Selection of
			 grant recipients
				(1)ApplicationAn
			 eligible entity seeking a grant under the pilot program shall submit to the
			 Secretary of Veterans Affairs an application therefor in such form and in such
			 manner as the Secretary considers appropriate.
				(2)ElementsEach
			 application submitted under paragraph (1) shall include the following:
					(A)A description of
			 the population of members of the Armed Forces to be provided assistance.
					(B)A description of
			 the outreach to be conducted by the eligible entity concerned to notify members
			 of the Armed Forces of the availability of such assistance.
					(C)If the population
			 of veterans described in subparagraph (A) consists of members of the Armed
			 Forces described in subsection (a)(2), the particular actions to be taken to
			 provide such assistance to such members of the Armed Forces.
					(3)Evaluation
					(A)In
			 generalEach application submitted under paragraph (1) shall be
			 evaluated by a panel appointed by the Secretary for purposes of the pilot
			 program.
					(B)Membership of
			 panelMembers of the panel shall be appointed from among
			 individuals as follows:
						(i)Officers and
			 employees of the Department of Veterans Affairs.
						(ii)With the
			 approval of the Secretary of Defense, officers and employees of the Department
			 of Defense.
						(iii)Representatives
			 of veterans service organizations.
						(iv)Representatives
			 of organizations that provide services to members of the Armed Forces.
						(C)RecommendationUpon
			 completion of the evaluation of an application under this subsection, the panel
			 shall recommend to the Secretary whether or not to approve the
			 application.
					(D)RecusalNo
			 member of the panel may evaluate an application that is submitted by an entity
			 with which such member is affiliated.
					(4)ApprovalThe
			 Secretary shall approve or disapprove each application submitted under
			 paragraph (1). In determining whether to approve or disapprove an application,
			 the Secretary shall take into account the recommendation on such application by
			 the panel appointed by the Secretary under paragraph (3).
				(g)Use of grant
			 funds
				(1)In
			 generalEach eligible entity receiving a grant under this section
			 shall use the grant to recruit, assign, train, and employ individuals to
			 provide assistance on an individualized basis to members of the Armed Forces,
			 particularly members described in subsection (a)(2), as they transition from
			 military service to civilian life and during the commencement of their receipt
			 of health care benefits and services from the Department of Veterans Affairs
			 and otherwise.
				(2)QualificationsAny
			 organization providing assistance under the pilot program shall employ
			 individuals who collectively—
					(A)have an
			 understanding of the unique health care needs of members of the Armed Forces as
			 they transition from military service to civilian life;
					(B)have an
			 understanding of the military medical treatment system of the Department of
			 Defense; and
					(C)have an
			 understanding of eligibility for benefits and services, mechanisms for
			 enrollment or participation, and receipt of benefits and services in and
			 through various systems and programs of health care benefits and services for
			 veterans, including—
						(i)the health care
			 system of the Department of Veterans Affairs; and
						(ii)other health
			 care systems and programs, including health care systems and programs of other
			 departments and agencies of the Federal Government, State and local
			 governments, and other public and private entities.
						(3)Scope of
			 assistanceIn providing assistance to a member of the Armed
			 Forces under the pilot program, an individual shall—
					(A)assist the member
			 in identifying the unique health care needs of the member (including mental
			 health care);
					(B)assist the member
			 in enrolling in the health care system of the Department of Veterans Affairs
			 after separation from military service;
					(C)assist the member
			 in identifying and applying for any other health care benefits or services to
			 which the member may be entitled after military service; and
					(D)assist the member
			 in obtaining the timely commencement of health care benefits and services from
			 the Department of Veterans Affairs, and the timely commencement of other
			 veterans health care benefits and services, so that the member receives a
			 continuity of health care and assistance in and after the transition from
			 military service to civilian life.
					(4)CoordinationIn
			 providing assistance to members of the Armed Forces under the pilot programs,
			 individuals providing such assistance shall coordinate closely with appropriate
			 personnel of the Department of Defense and the Department of Veterans Affairs
			 in order to—
					(A)develop
			 relationships (including information sharing) that enhance the effectiveness of
			 such assistance;
					(B)eliminate overlap
			 or duplication of effort; and
					(C)otherwise
			 facilitate a continuity of care and assistance for such members in and after
			 the transition from military service to civilian life.
					(5)TrainingAn
			 eligible entity awarded a grant under the pilot program may use grant funds for
			 the provision of training to individuals who provide assistance under the pilot
			 program on matters covered by the pilot program.
				(6)ReportsEach
			 eligible entity awarded a grant under the pilot program shall submit to the
			 Secretary, with such frequency as the Secretary shall specify, reports on the
			 activities undertaken under the pilot program. Each report of an eligible
			 entity shall include—
					(A)a description of
			 the activities undertaken by such eligible entity during the period covered by
			 such report; and
					(B)an assessment of
			 the effectiveness of such activities in ensuring that members of the Armed
			 Forces receive a continuity of care and assistance in and after the transition
			 from military service to civilian life.
					(h)Duplication of
			 servicesThe Secretary may not award a grant under subsection (d)
			 to an eligible entity that is receiving federal funds for activities described
			 in paragraphs (1) and (3) of subsection (g) on the date on which the eligible
			 entity submits an application subsection (f)(1) unless the Secretary determines
			 that the eligible entity will use amounts received under the grant to expand
			 services or provide new services to individuals who would not otherwise be
			 served.
			(i)Report on
			 program
				(1)In
			 generalNot later than six months after the completion of the
			 pilot program, the Secretary of Veterans Affairs shall submit to Congress
			 report on the pilot program.
				(2)ElementsThe
			 report shall include the following:
					(A)A description of
			 the activities undertaken under the pilot program.
					(B)An assessment of
			 the effectiveness of such activities in ensuring that members of the Armed
			 Forces receive a continuity of care and assistance in and after the transition
			 from military service to civilian life.
					(C)Such
			 recommendations for legislative or administrative action, including action to
			 extend, expand, or make permanent the pilot program, as the Secretary considers
			 appropriate in light of the pilot program.
					(j)Authorization
			 of appropriations
				(1)In
			 generalThere is authorized to be appropriated for the Department
			 of Veterans Affairs to carry out this section, amounts as follows:
					(A)For fiscal year
			 2007, $2,000,000.
					(B)For fiscal year
			 2008, $5,000,000.
					(C)For fiscal year
			 2009, $8,000,000.
					(D)For fiscal year
			 2010, $6,500,000.
					(E)For fiscal year
			 2011, $3,500,000.
					(2)AvailabilityAny
			 amount authorized to be appropriated by paragraph (1) shall remain available
			 for obligation through the end of fiscal year 2011.


I
112th CONGRESS 2d Session
H. R. 3774
IN THE HOUSE OF REPRESENTATIVES

January 17, 2012
Mr. Johnson of Illinois introduced the following bill; which was referred to the Committee on House Administration, and in addition to the Committees on Oversight and Government Reform, Rules, and Ethics, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

A BILL
To reduce the salaries of Members of Congress and the amounts available for the salaries and expenses of offices of Members, committees, and the leadership of Congress by 50 percent, to provide for further reductions in the salaries of Members of Congress to the extent that Congress is in session for more than 60 days during any session of a Congress, and for other purposes.

1.Short titleThis Act may be cited as the Citizen Legislator Act of 2012.
2.50 percent reduction in member salaries and in expenses for member offices, leadership offices, and committees
(a)Member salariesSection 601(a)(1) of the Legislative Reorganization Act of 1946 (2 U.S.C. 31(1)) by striking the matter following subparagraph (C) and inserting the following: shall be 50 percent of the rate determined for such positions for pay periods occurring during fiscal year 2012, as adjusted by paragraph (2).
(b)Salaries and expenses of House offices
(1)Members representational allowanceSection 101 of the House of Representatives Administrative Reform Technical Corrections Act (2 U.S.C. 57b) is amended—
(A)by redesignating subsection (e) as subsection (f); and
(B)by inserting after subsection (d) the following new subsection:

(e)Limitation on aggregate amountDuring fiscal year 2012 and each succeeding fiscal year, the aggregate amount appropriated or otherwise made available for all Members’ Representational Allowances may not exceed 50 percent of the aggregate amount appropriated or otherwise made available for such Allowances for fiscal year 2012..
(2)House leadership officesDuring fiscal year 2013 and each succeeding fiscal year, the aggregate amount appropriated or otherwise made available for the salaries and expenses of House leadership offices may not exceed 50 percent of the aggregate amount appropriated or otherwise made available for the salaries and expenses of such offices for fiscal year 2012. For purposes of this paragraph, the term House leadership office means, with respect to any fiscal year, an office of the House of Representatives for which the appropriation for salaries and expenses of the office for the year involved is provided under the heading House Leadership Offices in the act making appropriations for the Legislative Branch for the fiscal year involved.
(3)House committeesDuring fiscal year 2013 and each succeeding fiscal year, the aggregate amount appropriated or otherwise made available for the salaries and expenses of committees of the House of Representatives, including joint committees for which the amounts disbursed for salaries and expenses are disbursed by the Chief Administrative Officer of the House of Representatives, may not exceed 50 percent of the aggregate amount appropriated or otherwise made available for the salaries and expenses of such committees for fiscal year 2012.
(c)Salaries and expenses of Senate offices
(1)Personal officesDuring fiscal year 2013 and each succeeding fiscal year, the aggregate amount appropriated or otherwise made available for the salaries and expenses of offices of Senators may not exceed 50 percent of the aggregate amount appropriated or otherwise made available for the salaries and expenses of such offices for fiscal year 2012.
(2)Senate leadership officesDuring fiscal year 2013 and each succeeding fiscal year, the aggregate amount appropriated or otherwise made available for the salaries and expenses of Senate leadership offices may not exceed 50 percent of the aggregate amount appropriated or otherwise made available for the salaries and expenses of such offices for fiscal year 2012. For purposes of this paragraph, the term Senate leadership offices means the offices of the President pro Tempore, Majority and Minority Leaders, Majority and Minority Whips, Conferences of the Majority and of the Minority, and Majority and Minority Policy Committees of the Senate.
(3)Senate committeesDuring fiscal year 2013 and each succeeding fiscal year, the aggregate amount appropriated or otherwise made available for the salaries and expenses of committees of the Senate, including joint committees for which the amounts disbursed for salaries and expenses are disbursed by the Secretary of the Senate, may not exceed 50 percent of the aggregate amount appropriated or otherwise made available for the salaries and expenses of such committees for fiscal year 2012.
3.Reduction in member salaries for years during which congress exceeds 60 days in sessionSection 601(a) of the Legislative Reorganization Act of 1946 (2 U.S.C. 31) is amended—
(1)in paragraph (1), in the matter following subparagraph (C), by striking paragraph (2) and inserting paragraphs (2) and (3); and
(2)by adding at the end the following new paragraph:

(3)Reduction for exceeding 60 days in session
(A)ReductionFor every 5 days on which a House of Congress is in session during a session of a Congress, each annual rate referred to in paragraph (1) which applies to members of that House shall be reduced by 10 percent.
(B)Exemption for first 60 days and pro forma sessionsIn determining the number of days on which a House of Congress is in session during a session of a Congress for purposes of subparagraph (A), there shall be excluded—
(i)the first 60 days on which that House is in session; and
(ii)any day on which that House is in session solely on a pro forma basis..
4.Removal of limitation on outside earned income for Members, Delegates, and the Resident Commissioner
(a)House of Representatives
(1)Clause 1(a) of rule XXV of the Rules of the House of Representatives is amended to read as follows:

1.
(a)
(1)Except as provided by paragraph (b), an officer or employee of the House may not have outside earned income attributable to a calendar year that exceeds 15 percent of the annual rate of basic pay for level II of the Executive Schedule under section 5313 of title 5, United States Code, as of January 1 of that calendar year.
(2)A Member, Delegate, Resident Commissioner, officer, or employee of the House may not receive any honorarium, except that an officer or employee of the House who is paid at a rate less than 120 percent of the minimum rate of basic pay for GS–15 of the General Schedule may receive an honorarium unless the subject matter is directly related to the official duties of the individual, the payment is made because of the status of the individual with the House, or the person offering the honorarium has interests that may be substantially affected by the performance or nonperformance of the official duties of the individual..
(2)Clause 1(b) of rule XXV of the Rules of the House of Representatives is amended by striking a Member, Delegate, Resident Commissioner, officer, or employee each place it appears and inserting an officer or employee.
(3)Rule XXIII of the Rules of the House of Representatives is amended by redesignating clause 18 as clause 19 and by inserting after clause 17 the following new clause:

17.A Member, Delegate, Resident Commissioner, officer, or employee of the House may not derive any outside income as a result of the privilege of their office..
(b)Senate
(1)Paragraph 5 of rule XXXVII of the Standing Rules of the Senate is amended—
(A)in subparagraph (a), by striking Member, officer, or employee and inserting officer or employee; and
(B)in subparagraph (b), by striking Member or.
(2)Paragraph 6 of rule XXXVII of the Standing Rules of the Senate is amended—
(A)in subparagraph (a), by striking Member, officer, or employee each place it appears and inserting officer or employee; and
(B)in subparagraph (b), by striking A Member or an and inserting An.
5.Restoration of election of Members not to participate in Federal Employees’ Retirement SystemSection 8401(20) of title 5, United States Code, is amended by striking all that follows System and inserting a semicolon.
6.Effective dateThis Act and the amendments made by this Act shall take effect January 1, 2013.