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Q: SECTION 1. SHORT TITLE.

This Act may be cited as the ''Federal Ocean Acidification Research
And Monitoring Act of 2009'' or the ''FOARAM Act''.

SEC. 2. PURPOSES.

(a) Purposes.--The purposes of this Act are to provide for--
(1) development and coordination of a comprehensive
interagency plan to--
(A) monitor and conduct research on the processes
and consequences of ocean acidification on marine
organisms and ecosystems; and
(B) establish an interagency research and
monitoring program on ocean acidification;
(2) establishment of an ocean acidification program within
the National Oceanic and Atmospheric Administration;
(3) assessment and consideration of regional and national
ecosystem and socioeconomic impacts of increased ocean
acidification; and
(4) research adaptation strategies and techniques for
effectively conserving marine ecosystems as they cope with
increased ocean acidification.

SEC. 3. DEFINITIONS.

In this Act:
(1) Ocean acidification.--The term ''ocean acidification''
means the decrease in pH of the Earth's oceans and changes in
ocean chemistry caused by chemical inputs from the atmosphere,
including carbon dioxide.
(2) Secretary.--The term ''Secretary'' means the Secretary
of Commerce, acting through the Administrator of the National
Oceanic and Atmospheric Administration.
(3) Subcommittee.--The term ''Subcommittee'' means the
Joint Subcommittee on Ocean Science and Technology of the
National Science and Technology Council.

SEC. 4. INTERAGENCY SUBCOMMITTEE.

(a) Designation.--
(1) In general.--The Joint Subcommittee on Ocean Science
and Technology of the National Science and Technology Council
shall coordinate Federal activities on ocean acidification and
establish an interagency working group.
(2) Membership.--The interagency working group on ocean
acidification shall be comprised of senior representatives from
the National Oceanic and Atmospheric Administration, the
National Science Foundation, the National Aeronautics and Space
Administration, the United States Geological Survey, the United
States Fish and Wildlife Service, and such other Federal
agencies as appropriate.
(3) Chairman.--The interagency working group shall be
chaired by the representative from the National Oceanic and
Atmospheric Administration.
(b) Duties.--The Subcommittee shall--
(1) develop the strategic research and monitoring plan to
guide Federal research on ocean acidification required under
section 5 of this Act and oversee the implementation of the
plan;
(2) oversee the development of--
(A) an assessment of the potential impacts of ocean
acidification on marine organisms and marine
ecosystems; and
(B) adaptation and mitigation strategies to
conserve marine organisms and ecosystems exposed to
ocean acidification;
(3) facilitate communication and outreach opportunities
with nongovernmental organizations and members of the
stakeholder community with interests in marine resources;
(4) coordinate the United States Federal research and
monitoring program with research and monitoring programs and
scientists from other nations; and
(5) establish or designate an Ocean Acidification
Information Exchange to make information on ocean acidification
developed through or utilized by the interagency ocean
acidification program accessible through electronic means,
including information which would be useful to policymakers,
researchers, and other stakeholders in mitigating or adapting
to the impacts of ocean acidification.
(c) Reports to Congress.--
(1) Initial report.--Not later than 1 year after the date
of enactment of this Act, the Subcommittee shall transmit a
report to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Science and
Technology and the Committee on Natural Resources of the House
of Representatives that--
(A) includes a summary of federally funded ocean
acidification research and monitoring activities,
including the budget for each of these activities; and
(B) describes the progress in developing the plan
required under section 5 of this Act.
(2) Biennial report.--Not later than 2 years after the
delivery of the initial report under paragraph (1) and every 2
years thereafter, the Subcommittee shall transmit a report to
the Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Science and Technology and the
Committee on Natural Resources of the House of Representatives
that includes--
(A) a summary of federally funded ocean
acidification research and monitoring activities,
including the budget for each of these activities; and
(B) an analysis of the progress made toward
achieving the goals and priorities for the interagency
research plan developed by the Subcommittee under
section 5.
(3) Strategic research plan.--Not later than 2 years after
the date of enactment of this Act, the Subcommittee shall
transmit the strategic research plan developed under section 5
to the Committee on Commerce, Science, and Transportation of
the Senate and the Committee on Science and Technology and the
Committee on Natural Resources of the House of Representatives.
A revised plan shall be submitted at least once every 5 years
thereafter.

SEC. 5. STRATEGIC RESEARCH PLAN.

(a) In General.--Not later than 2 years after the date of enactment
of this Act, the Subcommittee shall develop a strategic plan for
Federal research and monitoring on ocean acidification that will
provide for an assessment of the impacts of ocean acidification on
marine organisms and marine ecosystems and the development of
adaptation and mitigation strategies to conserve marine organisms and
marine ecosystems. In developing the plan, the Subcommittee shall
consider and use information, reports, and studies of ocean
acidification that have identified research and monitoring needed to
better understand ocean acidification and its potential impacts, and
recommendations made by the National Academy of Sciences in the review
of the plan required under subsection (d).
(b) Contents of the Plan.--The plan shall--
(1) provide for interdisciplinary research among the ocean
sciences, and coordinated research and activities to improve
the understanding of ocean chemistry that will affect marine
ecosystems;
(2) establish, for the 10-year period beginning in the year
the plan is submitted, the goals and priorities for Federal
research and monitoring which will--
(A) advance understanding of ocean acidification
and its physical, chemical, and biological impacts on
marine organisms and marine ecosystems;
(B) improve the ability to assess the socioeconomic
impacts of ocean acidification; and
(C) provide information for the development of
adaptation and mitigation strategies to conserve marine
organisms and marine ecosystems;
(3) describe specific activities, including--
(A) efforts to determine user needs;
(B) research activities;
(C) monitoring activities;
(D) technology and methods development;
(E) data collection;
(F) database development;
(G) modeling activities;
(H) assessment of ocean acidification impacts; and
(I) participation in international research
efforts;
(4) identify relevant programs and activities of the
Federal agencies that contribute to the interagency program
directly and indirectly and set forth the role of each Federal
agency in implementing the plan;
(5) consider and utilize, as appropriate, reports and
studies conducted by Federal agencies, the National Research
Council, or other entities;
(6) make recommendations for the coordination of the ocean
acidification research and monitoring activities of the United
States with such activities of other nations and international
organizations;
(7) outline budget requirements for Federal ocean
acidification research and monitoring and assessment activities
to be conducted by each agency under the plan;
(8) identify the monitoring systems and sampling programs
currently employed in collecting data relevant to ocean
acidification and prioritize additional monitoring systems that
may be needed to ensure adequate data collection and monitoring
of ocean acidification and its impacts; and
(9) describe specific activities designed to facilitate
outreach and data and information exchange with stakeholder
communities.
(c) Program Elements.--The plan shall include at a minimum the
following program elements:
(1) Monitoring of ocean chemistry and biological impacts
associated with ocean acidification at selected coastal and
open-ocean monitoring stations, including satellite-based
monitoring to characterize--
(A) marine ecosystems;
(B) changes in marine productivity; and
(C) changes in surface ocean chemistry.
(2) Research to understand the species specific
physiological responses of marine organisms to ocean
acidification, impacts on marine food webs of ocean
acidification, and to develop environmental and ecological
indices that track marine ecosystem responses to ocean
acidification.
(3) Modeling to predict changes in the ocean carbon cycle
as a function of carbon dioxide and atmosphere-induced changes
in temperature, ocean circulation, biogeochemistry, ecosystem
and terrestrial input, and modeling to determine impacts on
marine ecosystems and individual marine organisms.
(4) Technology development and standardization of carbonate
chemistry measurements on moorings and autonomous floats.
(5) Assessment of socioeconomic impacts of ocean
acidification and development of adaptation and mitigation
strategies to conserve marine organisms and marine ecosystems.
(d) National Academy of Sciences Evaluation.--The Secretary shall
enter into an agreement with the National Academy of Sciences to review
the plan.
(e) Public Participation.--In developing the plan, the Subcommittee
shall consult with representatives of academic, State, industry and
environmental groups. Not later than 90 days before the plan, or any
revision thereof, is submitted to the Congress, the plan shall be
published in the Federal Register for a public comment period of not
less than 60 days.

SEC. 6. NOAA OCEAN ACIDIFICATION ACTIVITIES.

(a) In General.--The Secretary shall establish and maintain an
ocean acidification program within the National Oceanic and Atmospheric
Administration to conduct research, monitoring, and other activities
consistent with the strategic research and implementation plan
developed by the Subcommittee under section 5 that--
(1) includes--
(A) interdisciplinary research among the ocean and
atmospheric sciences, and coordinated research and
activities to improve understanding of ocean
acidification;
(B) the establishment of a long-term monitoring
program of ocean acidification utilizing existing
global and national ocean observing assets, and adding
instrumentation and sampling stations as appropriate to
the aims of the research program;
(C) research to identify and develop adaptation
strategies and techniques for effectively conserving
marine ecosystems as they cope with increased ocean
acidification;
(D) as an integral part of the research programs
described in this Act, educational opportunities that
encourage an interdisciplinary and international
approach to exploring the impacts of ocean
acidification;
(E) as an integral part of the research programs
described in this Act, national public outreach
activities to improve the understanding of current
scientific knowledge of ocean acidification and its
impacts on marine resources; and
(F) coordination of ocean acidification monitoring
and impacts research with other appropriate
international ocean science bodies such as the
International Oceanographic Commission, the
International Council for the Exploration of the Sea,
the North Pacific Marine Science Organization, and
others;
(2) provides grants for critical research projects that
explore the effects of ocean acidification on ecosystems and
the socioeconomic impacts of increased ocean acidification that
are relevant to the goals and priorities of the strategic
research plan; and
(3) incorporates a competitive merit-based process for
awarding grants that may be conducted jointly with other
participating agencies or under the National Oceanographic
Partnership Program under section 7901 of title 10, United
States Code.
(b) Additional Authority.--In conducting the Program, the Secretary
may enter into and perform such contracts, leases, grants, or
cooperative agreements as may be necessary to carry out the purposes of
this Act on such terms as the Secretary considers appropriate.

SEC. 7. NSF OCEAN ACIDIFICATION ACTIVITIES.

(a) Research Activities.--The Director of the National Science
Foundation shall continue to carry out research activities on ocean
acidification which shall support competitive, merit-based, peer-
reviewed proposals for research and monitoring of ocean acidification
and its impacts, including--
(1) impacts on marine organisms and marine ecosystems;
(2) impacts on ocean, coastal, and estuarine
biogeochemistry; and
(3) the development of methodologies and technologies to
evaluate ocean acidification and its impacts.
(b) Consistency.--The research activities shall be consistent with
the strategic research plan developed by the Subcommittee under section
5.
(c) Coordination.--The Director shall encourage coordination of the
Foundation's ocean acidification activities with such activities of
other nations and international organizations.

SEC. 8. NASA OCEAN ACIDIFICATION ACTIVITIES.

(a) Ocean Acidification Activities.--The Administrator of the
National Aeronautics and Space Administration, in coordination with
other relevant agencies, shall ensure that space-based monitoring
assets are used in as productive a manner as possible for monitoring of
ocean acidification and its impacts.
(b) Program Consistency.--The Administrator shall ensure that the
Agency's research and monitoring activities on ocean acidification are
carried out in a manner consistent with the strategic research plan
developed by the Subcommittee under section 5.
(c) Coordination.--The Administrator shall encourage coordination
of the Agency's ocean acidification activities with such activities of
other nations and international organizations.

SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

(a) NOAA.--There are authorized to be appropriated to the National
Oceanic and Atmospheric Administration to carry out the purposes of
this Act--
(1) $8,000,000 for fiscal year 2009;
(2) $12,000,000 for fiscal year 2010;
(3) $15,000,000 for fiscal year 2011; and
(4) $20,000,000 for fiscal year 2012.
(b) NSF.--There are authorized to be appropriated to the National
Science Foundation to carry out the purposes of this Act--
(1) $6,000,000 for fiscal year 2009;
(2) $8,000,000 for fiscal year 2010;
(3) $12,000,000 for fiscal year 2011; and
(4) $15,000,000 for fiscal year 2012.

A: Federal Ocean Acidification Research And Monitoring Act of 2009 or FOARAM Act - Defines "ocean acidification," for this Act, as the decrease in pH of the Earth's oceans and changes in ocean chemistry caused by chemical inputs from the atmosphere, including carbon dioxide.

Requires that the Joint Subcommittee on Ocean Science and Technology of the National Science and Technology Council coordinate federal activities on ocean acidification and establish an interagency working group.

Requires the Subcommittee to develop a strategic plan for federal ocean acidification research and monitoring that provides, among other things, for the development of adaptation and mitigation strategies. Directs the Secretary of Commerce, through the National Oceanic and Atmospheric Administration (NOAA), to enter into an agreement with the National Academy of Sciences (NAS) to review the plan.

Directs the Secretary to establish and maintain an ocean acidification program in NOAA to conduct research, monitoring, and other activities, including: (1) providing grants for critical research projects exploring the ecosystem and socioeconomic impacts of ocean acidification; and (2) incorporating a competitive merit-based process for awarding grants that may be conducted jointly with other participating agencies or under the National Oceanographic Partnership Program.

Requires the National Science Foundation (NSF) director to continue to carry out ocean acidification research supporting competitive, merit-based, peer-reviewed proposals for research and monitoring of ocean acidification and its impacts.

Requires the administrator of the National Aeronautics and Space Administration (NASA) to ensure that space-based monitoring assets are used in as productive a manner as possible for the monitoring of ocean acidification and its impacts.
****
Q: SECTION 1. SHORT TITLE.

This Act may be cited as the ''Detroit Economic Competitiveness
Act''.

SEC. 2. DETROIT JOBS TRUST FUND.

(a) In General.--Subchapter A of chapter 98 of the Internal Revenue
Code of 1986 is amended by adding at the end the following new section:

''SEC. 9512. DETROIT JOBS TRUST FUND.

''(a) Creation of Trust Fund.--There is established in the Treasury
of the United States a trust fund to be known as the 'Detroit Jobs
Trust Fund', consisting of such amounts as may be appropriated or
credited to such fund as provided in this section or section 9602(b).
''(b) Transfers to Trust Fund.--There are hereby appropriated to
the Detroit Jobs Trust Fund amounts equivalent to receipts in the
Treasury of taxes (including all income, excise, and employment taxes
whether imposed with respect to individuals or businesses) imposed
under this title (with respect to periods after the date of the
enactment of this section) which are (as determined by the Secretary)
attributable to Detroit, Michigan. The city of Detroit, Michigan, shall
provide the Secretary such information as the Secretary may request for
purposes of making the determinations required under this subsection.
For purposes of this subsection, the taxes imposed on a corporation or
other business entity shall not be treated as attributable to Detroit,
Michigan, merely because the headquarters of such corporation or entity
is located in Detroit, Michigan.
''(c) Expenditures.--
''(1) In general.--Except as otherwise provided in this
subsection, amounts in the Detroit Jobs Trust Fund shall
(without need of any further appropriation) be distributed
annually by the Secretary to the city of Detroit, Michigan, to
carry out the purposes described in paragraph (2).
''(2) Use of expenditures.--Amounts distributed to the city
of Detroit, Michigan, under this section shall be used for the
following purposes and in the following order of priority:
''(A) First, of the amounts distributed with
respect the annual period not in excess of the Detroit
income tax suspension hold harmless amount, for any
purpose determined by the city government of Detroit,
Michigan.
''(B) Second, for payment of principal and interest
on any general obligation issued by the city of
Detroit, Michigan (to the extent of such obligations).
''(C) Third, for payment of principal and interest
on obligations to which section 103 applies and the
proceeds of which were used for the public schools of
the city of Detroit, Michigan (to the extent of such
obligations).
''(D) Fourth, for jobs development, public safety,
education, business infrastructure, or public
infrastructure (to the extent consistent with the plan
described in paragraph (4)).
''(3) Restriction on distributions.--No distribution shall
be made by the Secretary under paragraph (1) unless--
''(A) the city of Detroit, Michigan, does not
impose an income tax with respect to the period to
which such distribution relates,
''(B) such city has reduced the aggregate property
taxes imposed by an amount not less than the reduction
in the payment obligations of such city by reason of
the payments described in paragraph (2),
''(C) all prior distributions made to the city
under paragraph (2) were used by the city in a manner
consistent with the requirements of paragraph (2), and
''(D) such city has provided such information to
the Comptroller General of the United States as the
Comptroller General may request to carry out section
2(b) of the Detroit Economic Competitiveness Act.
''(4) 5-year development plan.--A plan is described in this
paragraph if such plan--
''(A) is a 5-year plan describing development goals
for Detroit, Michigan, and detailing how distributions
for purposes described in paragraph (2)(D) will be
spent,
''(B) has been approved by simple majority vote of
the City Council of Detroit, Michigan (after
consultation with the Detroit Board of Education), and
''(C) has been submitted to, and approved by, the
Secretary of the Treasury, the Secretary of Housing and
Urban Development, and the Secretary of Education.
No distribution shall be made under paragraph (1) for a purpose
described in paragraph (2)(D) unless a plan described in this
paragraph is in effect and all prior such distributions for
such purposes were used in accordance with such plan.
''(5) Special rules during period of plan development.--
During the period during which the plan described in paragraph
(4) is developed (but not in excess of the 5-month period
beginning on the date of the first distribution under paragraph
(1)), amounts distributed may be used concurrently for the
purposes described in subparagraphs (A), (B), and (C) of
paragraph (2).
''(6) Detroit income tax suspension hold harmless amount.--
''(A) In general.--For purposes of paragraph
(2)(A), the term 'Detroit income tax suspension hold
harmless amount' means the amount (as determined by the
Secretary) of revenue collected by the city of Detroit
pursuant to the income tax imposed by such city during
the calendar year preceding the calendar year which
includes the date of the enactment of this section.
''(B) Cross reference.--For provision which
requires suspension of the Detroit income tax, see
paragraph (3)(A).
''(C) Tax returns may still be required.--The city
of Detroit, Michigan, shall not be treated as failing
to satisfy the requirement of paragraph (3)(A) with
respect to any period merely because taxpayers are
required to file tax returns and report income with
respect to such period.
''(7) Amounts made available not to reduce other funding.--
Amounts distributed to the city of Detroit, Michigan, under
this section shall supplement, and not supplant, any other
funding (including any Federal funding) for such city.
''(d) Termination.--No amount shall be distributed from, or
appropriated to, the Detroit Jobs Trust Fund after the 5-year period
beginning on the date of the enactment of this section. Any amounts
remaining in such Trust Fund at the end of such period shall be
transferred to the general fund of the Treasury. The 5-year period
specified in this subsection shall not be renewed or extended.''.
(b) GAO Reports.--The Comptroller General of the United States
shall submit an annual report to Congress which--
(1) describes the manner and purposes for which
distributions made from the Detroit Jobs Trust Fund have been
used,
(2) describes the extent to which progress has been made
toward meeting the development goals under the plan described
in section 9512(c)(4) of the Internal Revenue Code of 1986 (as
added by this section) and whether such progress is consistent
with meeting such goals, and
(3) includes any recommendations the Comptroller General
may have regarding improvements to the program described in
section 9512 of such Code.
The first such annual report shall be submitted not later than 90 days
after the 1-year period beginning on the date of the enactment of this
Act and the last such annual report shall be submitted not later than
90 days after the date on which the Detroit Jobs Trust Fund terminates
pursuant to section 9512(d) of such Code.
(c) Clerical Amendment.--The table of sections for subchapter A of
chapter 98 of the Internal Revenue Code of 1986 is amended by adding at
the end the following new item:

''Sec. 9512. Detroit Jobs Trust Fund.''.

SEC. 3. ZERO CAPITAL GAINS RATE FOR CERTAIN NEW INVESTMENTS IN DETROIT,
MICHIGAN.

(a) In General.--Subchapter Y of chapter 1 of the Internal Revenue
Code of 1986 is amended by adding at the end the following new part:

''PART IV--CERTAIN NEW INVESTMENTS IN DETROIT, MICHIGAN

''Sec. 1400V. Zero capital gains rate for certain new investments in
Detroit, Michigan.

''SEC. 1400V. ZERO CAPITAL GAINS RATE FOR CERTAIN NEW INVESTMENTS IN
DETROIT, MICHIGAN.

''(a) In General.--Gross income does not include any qualified
capital gain from the sale or exchange of a specified new investment
held for more than 1 year.
''(b) Specified New Investment.--For purposes of this section--
''(1) In general.--The term 'specified new investment'
means--
''(A) any qualified stock,
''(B) any qualified partnership interest, and
''(C) any qualified business property.
''(2) Qualified stock.--
''(A) In general.--Except as provided in
subparagraph (B), the term 'qualified stock' means any
stock in a domestic corporation if--
''(i) such stock is acquired by the
taxpayer during the 1-year period beginning on
the date of the enactment of this section, at
its original issue (directly or through an
underwriter) from the corporation solely in
exchange for cash,
''(ii) as of the time such stock was
issued, such corporation was a specified
Detroit business (or, in the case of a new
corporation, such corporation was being
organized for purposes of being a specified
Detroit business), and
''(iii) during substantially all of the
taxpayer's holding period for such stock, such
corporation qualified as a specified Detroit
business.
''(B) Redemptions.--A rule similar to the rule of
section 1202(c)(3) shall apply for purposes of this
paragraph.
''(3) Qualified partnership interest.--The term 'qualified
partnership interest' means any capital or profits interest in
a domestic partnership if--
''(A) such interest is acquired by the taxpayer
during the 1-year period beginning on the date of the
enactment of this section, from the partnership solely
in exchange for cash,
''(B) as of the time such interest was acquired,
such partnership was a specified Detroit business (or,
in the case of a new partnership, such partnership was
being organized for purposes of being a specified
Detroit business), and
''(C) during substantially all of the taxpayer's
holding period for such interest, such partnership
qualified as a specified Detroit business.
A rule similar to the rule of paragraph (2)(B) shall apply for
purposes of this paragraph.
''(4) Qualified business property.--
''(A) In general.--The term 'qualified business
property' means tangible property if--
''(i) such property was acquired by the
taxpayer by purchase (as defined in section
179(d)(2)) during the 1-year period beginning
on the date of the enactment of this section,
''(ii) the original use of such property in
Detroit, Michigan, commences with the taxpayer,
and
''(iii) during substantially all of the
taxpayer's holding period for such property,
substantially all of the use of such property
was in a specified Detroit business of the
taxpayer.
''(B) Special rule for substantial improvements.--
The requirements of clauses (i) and (ii) of
subparagraph (A) shall be treated as satisfied with
respect to--
''(i) property which is substantially
improved by the taxpayer before the end of the
period described in subparagraph (A)(i), and
''(ii) any land on which such property is
located.
The determination of whether a property is
substantially improved shall be made under clause (ii)
of section 1400B(b)(4)(B), except that 'the date of the
enactment of section 1400V' shall be substituted for
'December 31, 1997' in such clause.
''(c) Qualified Capital Gain.--For purposes of this section--
''(1) In general.--Except as otherwise provided in this
subsection, the term 'qualified capital gain' means any gain
recognized on the sale or exchange of--
''(A) a capital asset, or
''(B) property used in the trade or business (as
defined in section 1231(b)).
''(2) Gain before enactment not qualified.--The term
'qualified capital gain' shall not include any gain
attributable to periods before the date of the enactment of
this section.
''(3) Certain rules to apply.--Rules similar to the rules
of paragraphs (3), (4), and (5) of section 1400B(e) shall apply
for purposes of this subsection.
''(d) Specified Detroit Business.--For purposes of this section,
the term 'specified Detroit business' means any enterprise zone
business (as defined in section 1397C), determined--
''(1) without regard to subsections (b)(6) and (c)(5)
thereof,
''(2) by substituting '80 percent' for '50 percent' in
subsections (b)(2) and (c)(1) thereof,
''(3) by treating Detroit, Michigan, as an empowerment zone
(and by treating no area other than Detroit, Michigan, as an
empowerment zone).
''(e) Certain Rules To Apply.--For purposes of this section, rules
similar to the rules of paragraphs (6) and (7) of subsection (b), and
subsections (f) and (g), of section 1400B shall apply; except that for
such purposes section 1400B(g)(2) shall be applied by substituting
'before the date of the enactment of section 1400V' for 'before January
1, 1998, or after December 31, 2014'.
''(f) Regulations.--The Secretary shall prescribe such regulations
as may be appropriate to carry out the purposes of this section,
including regulations to prevent the abuse of the purposes of this
section.''.
(b) Clerical Amendment.--The table of parts for subchapter Y of
chapter 1 of such Code is amended by adding at the end the following
new item:

''Part IV. Certain New Investments in Detroit, Michigan''.

(c) Effective Date.--The amendments made by this section shall
apply to property acquired after the date of the enactment of this Act.

A: Detroit Economic Competitiveness Act - Amends the Internal Revenue Code to establish the Detroit Jobs Trust Fund to finance economic development in Detroit, Michigan. Requires the Secretary of the Treasury to make annual distributions from such Fund to the city of Detroit for payment of debt obligations and for job development, public safety, education, and business and public infrastructure. Prohibits any distributions unless the city of Detroit: (1) does not impose an income tax during a period of distribution, (2) has made specified reductions in aggregate property taxes, (3) has used prior distributions as required under this Act, (4) has provided required information to the Comptroller General (GAO), and (5) has implemented a five-year plan describing development goals for Detroit and detailing how distributions from the Trust Fund will be spent. Terminates such Fund five years after enactment of this Act.

Requires GAO to submit annual reports to Congress describing the use of distributions from the Trust Fund, the extent to which progress has been made in meeting the plan's development goals, and Comptroller General recommendations for improving the program established under this Act.

Excludes from gross income capital gain from the sale or exchange of investment property used in trade or business in Detroit.
****
Q: SECTION 1. SHORT TITLE.

This Act may be cited as the ''Sage-Grouse and Mule Deer Habitat
Conservation and Restoration Act of 2018''.

SEC. 2. DEFINITIONS.

In this Act:
(1) Covered vegetation management activity.--
(A) In general.--The term ''covered vegetation
management activity'' means any activity described in
subparagraph (B) that--
(i) is carried out on public land
administered by the Bureau of Land Management;
(ii) meets the objectives of the order of
the Secretary numbered 3336 and dated January
5, 2015;
(iii) conforms to an applicable land use
plan;
(iv) protects, restores, or improves
greater sage-grouse or mule deer habitat in a
sagebrush steppe ecosystem as described in--
(I) Circular 1416 of the United
States Geological Survey entitled
''Restoration Handbook for Sagebrush
Steppe Ecosystems with Emphasis on
Greater Sage-Grouse Habitat--Part 1.
Concepts for Understanding and Applying
Restoration'' (2015); or
(II) the habitat guidelines for
mule deer published by the Mule Deer
Working Group of the Western
Association of Fish and Wildlife
Agencies;
(v) will not permanently impair--
(I) the natural state of the
treated area;
(II) outstanding opportunities for
solitude;
(III) outstanding opportunities for
primitive, unconfined recreation;
(IV) economic opportunities
consistent with multiple-use
management; or
(V) the identified values of a unit
of the National Landscape Conservation
System; and
(vi)(I) restores native vegetation
following a natural disturbance;
(II) prevents the expansion into greater
sage-grouse or mule deer habitat of--
(aa) juniper, pinyon pine, or other
associated conifers; or
(bb) nonnative or invasive
vegetation;
(III) reduces the risk of loss of greater
sage-grouse or mule deer habitat from wildfire
or any other natural disturbance; or
(IV) provides emergency stabilization of
soil resources after a natural disturbance.
(B) Description of activities.--An activity
referred to in subparagraph (A) is--
(i) manual cutting and removal of juniper
trees, pinyon pine trees, other associated
conifers, or other nonnative or invasive
vegetation;
(ii) mechanical mastication, cutting, or
mowing, mechanical piling and burning,
chaining, broadcast burning, or yarding;
(iii) removal of cheat grass, medusa head
rye, or other nonnative, invasive vegetation;
(iv) collection and seeding or planting of
native vegetation using a manual, mechanical,
or aerial method;
(v) seeding of nonnative, noninvasive,
ruderal vegetation only for the purpose of
emergency stabilization;
(vi) targeted use of an herbicide, subject
to the condition that the use shall be in
accordance with applicable legal requirements,
Federal agency procedures, and land use plans;
(vii) targeted livestock grazing to
mitigate hazardous fuels and control noxious
and invasive weeds;
(viii) temporary removal of wild horses or
burros in the area in which the activity is
being carried out to ensure treatment
objectives are met;
(ix) in coordination with the affected
permit holder, modification or adjustment of
permissible usage under an annual plan of use
of a grazing permit issued by the Secretary to
achieve restoration treatment objectives;
(x) installation of new, or modification of
existing, fencing or water sources intended to
control use or improve wildlife habitat; or
(xi) necessary maintenance of, repairs to,
rehabilitation of, or reconstruction of an
existing permanent road or construction of
temporary roads to accomplish the activities
described in this subparagraph.
(C) Exclusions.--The term ''covered vegetation
management activity'' does not include--
(i) any activity conducted in a wilderness
area or wilderness study area; or
(ii) any activity for the construction of a
permanent road or permanent trail.
(2) Secretary.--The term ''Secretary'' means the Secretary
of the Interior.
(3) Temporary road.--The term ''temporary road'' means a
road that is--
(A) authorized--
(i) by a contract, permit, lease, other
written authorization; or
(ii) pursuant to an emergency operation;
(B) not intended to be part of the permanent
transportation system of a Federal department or
agency;
(C) not necessary for long-term resource
management;
(D) designed in accordance with standards
appropriate for the intended use of the road, taking
into consideration--
(i) safety;
(ii) the cost of transportation; and
(iii) impacts to land and resources; and
(E) managed to minimize--
(i) erosion; and
(ii) the introduction or spread of invasive
species.

SEC. 3. IMPROVEMENT OF HABITAT FOR GREATER SAGE-GROUSE AND MULE DEER.

(a) Categorical Exclusion.--
(1) In general.--Not later than 1 year after the date of
the enactment of this Act, the Secretary shall develop 1 or
more categorical exclusions (as defined in section 1508.4 of
title 40, Code of Federal Regulations (or a successor
regulation)) for covered vegetation management activities
carried out to protect, restore, or improve habitat for greater
sage-grouse or mule deer.
(2) Administration.--In developing and administering a
categorical exclusion under paragraph (1), the Secretary
shall--
(A) comply with the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.);
(B) apply the extraordinary circumstances
procedures under section 220.6 of title 36, Code of
Federal Regulations (or successor regulations), in
determining whether to use the categorical exclusion;
and
(C) consider--
(i) the relative efficacy of landscape-
scale habitat projects;
(ii) the likelihood of continued declines
in the populations of greater sage-grouse and
mule deer in the absence of landscape-scale
vegetation management; and
(iii) the need for habitat restoration
activities after wildfire or other natural
disturbances.
(b) Implementation of Covered Vegetative Management Activities
Within the Range of Greater Sage-grouse and Mule Deer.--If a
categorical exclusion developed under subsection (a) is used to
implement a covered vegetative management activity in an area within
the range of both greater sage-grouse and mule deer, the covered
vegetative management activity shall protect, restore, or improve
habitat concurrently for both greater sage-grouse and mule deer.
(c) Long-term Monitoring and Maintenance.--Before commencing any
covered vegetation management activity that is covered by a categorical
exclusion under subsection (a), the Secretary shall develop a long-term
monitoring and maintenance plan, covering at least the 20 year-period
beginning on the date of commencement, to ensure that management of the
treated area does not degrade the habitat gains secured by the covered
vegetation management activity.
(d) Disposal of Vegetative Material.--Subject to applicable local
restrictions, any vegetative material resulting from a covered
vegetation management activity that is covered by a categorical
exclusion under subsection (a) may be--
(1) used for--
(A) fuel wood; or
(B) other products; or
(2) piled or burned, or both.
(e) Treatment for Temporary Roads.--
(1) In general.--Notwithstanding section 2(1)(B)(xi), any
temporary road constructed in carrying out a covered vegetation
management activity that is covered by a categorical exclusion
under subsection (a)--
(A) shall be used by the Secretary for the covered
vegetation management activity for not more than 2
years; and
(B) shall be decommissioned by the Secretary not
later than 3 years after the earlier of the date on
which--
(i) the temporary road is no longer needed;
and
(ii) the project is completed.
(2) Requirement.--A treatment under paragraph (1) shall
include reestablishing native vegetative cover--
(A) as soon as practicable; but
(B) not later than 10 years after the date of
completion of the applicable covered vegetation
management activity.

Passed the Senate September 6, 2018.

Attest:

JULIE E. ADAMS,

Secretary.

A:
Sage-Grouse and Mule Deer Habitat Conservation and Restoration Act of 2017 This bill directs the Department of Interior to categorically exclude vegetative management activities that establish or improve habitat for greater sage-grouse and mule deer from environmental review requirements under the National Environmental Policy Act of 1969 (NEPA). Examples of vegetative management activities include restoring native vegetation following a natural disturbance or preventing the expansion of nonnative or invasive vegetation into such habitat. A categorical exclusion under NEPA is a category of actions which do not have a significant effect on the human environment and for which neither an Environmental Assessment nor an Environmental Impact Statement is required. The bill prohibits the categorical exclusion from including: (1) activity conducted in a wilderness area or wilderness study area, or (2) activity for the construction of a permanent road or trail. Before commencing a vegetative management activity that is covered by a categorical exclusion, Interior must develop a long-term monitoring and maintenance plan, covering at least 20 years, to ensure that management of the treated area does not degrade the habitat gains secured by the vegetative management activity. Vegetative material resulting from vegetative management activity may be: (1) used for fuel wood or other products; or (2) piled or burned, or both. Native vegetative cover must be reestablished on a temporary road constructed in connection with a categorically excluded vegetative management activity in order to minimize soil erosion from areas disturbed by the temporary road.
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