[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 2012 Engrossed Amendment House (EAH)]

<DOC>
                In the House of Representatives, U. S.,

                                                          May 25, 2016.
    Resolved, That the bill from the Senate (S. 2012) entitled ``An Act 
to provide for the modernization of the energy policy of the United 
States, and for other purposes.'', do pass with the following

                               AMENDMENT:

            Strike out all after the enacting clause and insert:

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``North American 
Energy Security and Infrastructure Act of 2016''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.

     DIVISION A--NORTH AMERICAN ENERGY SECURITY AND INFRASTRUCTURE

Sec. 1. Short title.

           TITLE I--MODERNIZING AND PROTECTING INFRASTRUCTURE

         Subtitle A--Energy Delivery, Reliability, and Security

Sec. 1101. FERC process coordination.
Sec. 1102. Resolving environmental and grid reliability conflicts.
Sec. 1103. Emergency preparedness for energy supply disruptions.
Sec. 1104. Critical electric infrastructure security.
Sec. 1105. Strategic Transformer Reserve.
Sec. 1106. Cyber Sense.
Sec. 1107. State coverage and consideration of PURPA standards for 
                            electric utilities.
Sec. 1108. Reliability analysis for certain rules that affect electric 
                            generating facilities.
Sec. 1109. Increased accountability with respect to carbon capture, 
                            utilization, and sequestration projects.
Sec. 1110. Reliability and performance assurance in Regional 
                            Transmission Organizations.
Sec. 1111. Ethane storage study.
Sec. 1112. Statement of policy on grid modernization.
Sec. 1113. Grid resilience report.
Sec. 1114. GAO report on improving National Response Center.
Sec. 1115. Designation of National Energy Security Corridors on Federal 
                            lands.
Sec. 1116. Vegetation management, facility inspection, and operation 
                            and maintenance on Federal lands containing 
                            electric transmission and distribution 
                            facilities.

            Subtitle B--Hydropower Regulatory Modernization

Sec. 1201. Protection of private property rights in hydropower 
                            licensing.
Sec. 1202. Extension of time for FERC project involving W. Kerr Scott 
                            Dam.
Sec. 1203. Hydropower licensing and process improvements.
Sec. 1204. Judicial review of delayed Federal authorizations.
Sec. 1205. Licensing study improvements.
Sec. 1206. Closed-loop pumped storage projects.
Sec. 1207. License amendment improvements.
Sec. 1208. Promoting hydropower development at existing nonpowered 
                            dams.

                TITLE II--ENERGY SECURITY AND DIPLOMACY

Sec. 2001. Sense of Congress.
Sec. 2002. Energy security valuation.
Sec. 2003. North American energy security plan.
Sec. 2004. Collective energy security.
Sec. 2005. Authorization to export natural gas.
Sec. 2006. Environmental review for energy export facilities.
Sec. 2007. Authorization of cross-border infrastructure projects.
Sec. 2008. Report on smart meter security concerns.

            TITLE III--ENERGY EFFICIENCY AND ACCOUNTABILITY

                     Subtitle A--Energy Efficiency

              Chapter 1--Federal Agency Energy Efficiency

Sec. 3111. Energy-efficient and energy-saving information technologies.
Sec. 3112. Energy efficient data centers.
Sec. 3113. Report on energy and water savings potential from thermal 
                            insulation.
Sec. 3114. Battery storage report.
Sec. 3115. Federal purchase requirement.
Sec. 3116. Energy performance requirement for Federal buildings.
Sec. 3117. Federal building energy efficiency performance standards; 
                            certification system and level for Federal 
                            buildings.
Sec. 3118. Operation of battery recharging stations in parking areas 
                            used by Federal employees.
Sec. 3119. Report on energy savings and greenhouse gas emissions 
                            reduction from conversion of captured 
                            methane to energy.

        Chapter 2--Energy Efficient Technology and Manufacturing

Sec. 3121. Inclusion of Smart Grid capability on Energy Guide labels.
Sec. 3122. Voluntary verification programs for air conditioning, 
                            furnace, boiler, heat pump, and water 
                            heater products.
Sec. 3123. Facilitating consensus furnace standards.
Sec. 3124. No warranty for certain certified Energy Star products.
Sec. 3125. Clarification to effective date for regional standards.
Sec. 3126. Internet of Things report.
Sec. 3127. Energy savings from lubricating oil.
Sec. 3128. Definition of external power supply.
Sec. 3129. Standards for power supply circuits connected to LEDs or 
                            OLEDs.

                      Chapter 3--School Buildings

Sec. 3131. Coordination of energy retrofitting assistance for schools.

                    Chapter 4--Building Energy Codes

Sec. 3141. Greater energy efficiency in building codes.
Sec. 3142. Voluntary nature of building asset rating program.

        Chapter 5--EPCA Technical Corrections and Clarifications

Sec. 3151. Modifying product definitions.
Sec. 3152. Clarifying rulemaking procedures.

                 Chapter 6--Energy and Water Efficiency

Sec. 3161. Smart energy and water efficiency pilot program.
Sec. 3162. WaterSense.

                       Subtitle B--Accountability

      Chapter 1--Market Manipulation, Enforcement, and Compliance

Sec. 3211. FERC Office of Compliance Assistance and Public 
                            Participation.

                       Chapter 2--Market Reforms

Sec. 3221. GAO study on wholesale electricity markets.
Sec. 3222. Clarification of facility merger authorization.

                      Chapter 3--Code Maintenance

Sec. 3231. Repeal of off-highway motor vehicles study.
Sec. 3232. Repeal of methanol study.
Sec. 3233. Repeal of residential energy efficiency standards study.
Sec. 3234. Repeal of weatherization study.
Sec. 3235. Repeal of report to Congress.
Sec. 3236. Repeal of report by General Services Administration.
Sec. 3237. Repeal of intergovernmental energy management planning and 
                            coordination workshops.
Sec. 3238. Repeal of Inspector General audit survey and President's 
                            Council on Integrity and Efficiency report 
                            to Congress.
Sec. 3239. Repeal of procurement and identification of energy efficient 
                            products program.
Sec. 3240. Repeal of national action plan for demand response.
Sec. 3241. Repeal of national coal policy study.
Sec. 3242. Repeal of study on compliance problem of small electric 
                            utility systems.
Sec. 3243. Repeal of study of socioeconomic impacts of increased coal 
                            production and other energy development.
Sec. 3244. Repeal of study of the use of petroleum and natural gas in 
                            combustors.
Sec. 3245. Repeal of submission of reports.
Sec. 3246. Repeal of electric utility conservation plan.
Sec. 3247. Technical amendment to Powerplant and Industrial Fuel Use 
                            Act of 1978.
Sec. 3248. Emergency energy conservation repeals.
Sec. 3249. Repeal of State utility regulatory assistance.
Sec. 3250. Repeal of survey of energy saving potential.
Sec. 3251. Repeal of photovoltaic energy program.
Sec. 3252. Repeal of energy auditor training and certification.

                        Chapter 4--Authorization

Sec. 3261 Authorization.

             TITLE IV--CHANGING CRUDE OIL MARKET CONDITIONS

Sec. 4001. Findings.
Sec. 4002. Repeal.
Sec. 4003. National policy on oil export restrictions.
Sec. 4004. Studies.
Sec. 4005. Savings clause.
Sec. 4006. Partnerships with minority serving institutions.
Sec. 4007. Report.
Sec. 4008. Report to Congress.
Sec. 4009. Prohibition on exports of crude oil, refined petroleum 
                            products, and petrochemical products to the 
                            Islamic Republic of Iran.

                         TITLE V--OTHER MATTERS

Sec. 5001. Assessment of regulatory requirements.
Sec. 5002. Definitions.
Sec. 5003. Exclusive venue for certain civil actions relating to 
                            covered energy projects.
Sec. 5004. Timely filing.
Sec. 5005. Expedition in hearing and determining the action.
Sec. 5006. Limitation on injunction and prospective relief.
Sec. 5007. Legal standing.
Sec. 5008. Study to identify legal and regulatory barriers that delay, 
                            prohibit, or impede the export of natural 
                            energy resources.
Sec. 5009. Study of volatility of crude oil.
Sec. 5010. Smart meter privacy rights.
Sec. 5011. Youth energy enterprise competition.
Sec. 5012. Modernization of terms relating to minorities.
Sec. 5013. Voluntary vegetation management outside rights-of-way.
Sec. 5014. Repeal of rule for new residential wood heaters.

         TITLE VI--PROMOTING RENEWABLE ENERGY WITH SHARED SOLAR

Sec. 6001. Short title.
Sec. 6002. Provision of interconnection service and net billing service 
                            for community solar facilities.

                     TITLE VII--MARINE HYDROKINETIC

Sec. 7001. Definition of marine and hydrokinetic renewable energy.
Sec. 7002. Marine and hydrokinetic renewable energy research and 
                            development.
Sec. 7003. National Marine Renewable Energy Research, Development, and 
                            Demonstration Centers.
Sec. 7004. Authorization of appropriations.

 TITLE VIII--EXTENSIONS OF TIME FOR VARIOUS FEDERAL ENERGY REGULATORY 
                          COMMISSION PROJECTS

Sec. 8001. Extension of time for Federal Energy Regulatory Commission 
                            project involving Clark Canyon Dam.
Sec. 8002. Extension of time for Federal Energy Regulatory Commission 
                            project involving Gibson Dam.
Sec. 8003. Extension of time for Federal Energy Regulatory Commission 
                            project involving Jennings Randolph Dam.
Sec. 8004. Extension of time for Federal Energy Regulatory Commission 
                            project involving Cannonsville Dam.
Sec. 8005. Extension of time for Federal Energy Regulatory Commission 
                            project involving Gathright Dam.
Sec. 8006. Extension of time for Federal Energy Regulatory Commission 
                            project involving Flannagan Dam.

        TITLE IX--ENERGY AND MANUFACTURING WORKFORCE DEVELOPMENT

Sec. 9001. Energy and manufacturing workforce development.
Sec. 9002. Report.
Sec. 9003. Use of existing funds.

                 DIVISION B--RESILIENT FEDERAL FORESTS

Sec. 1. Short title.
Sec. 2. Definitions.

     TITLE I--EXPEDITED ENVIRONMENTAL ANALYSIS AND AVAILABILITY OF 
    CATEGORICAL EXCLUSIONS TO EXPEDITE FOREST MANAGEMENT ACTIVITIES

Sec. 101. Analysis of only two alternatives (action versus no action) 
                            in proposed collaborative forest management 
                            activities.
Sec. 102. Categorical exclusion to expedite certain critical response 
                            actions.
Sec. 103. Categorical exclusion to expedite salvage operations in 
                            response to catastrophic events.
Sec. 104. Categorical exclusion to meet forest plan goals for early 
                            successional forests.
Sec. 105. Clarification of existing categorical exclusion authority 
                            related to insect and disease infestation.
Sec. 106. Categorical exclusion to improve, restore, and reduce the 
                            risk of wildfire.
Sec. 107. Compliance with forest plan.

 TITLE II--SALVAGE AND REFORESTATION IN RESPONSE TO CATASTROPHIC EVENTS

Sec. 201. Expedited salvage operations and reforestation activities 
                            following large-scale catastrophic events.
Sec. 202. Compliance with forest plan.
Sec. 203. Prohibition on restraining orders, preliminary injunctions, 
                            and injunctions pending appeal.
Sec. 204. Exclusion of certain lands.

        TITLE III--COLLABORATIVE PROJECT LITIGATION REQUIREMENT

Sec. 301. Definitions.
Sec. 302. Bond requirement as part of legal challenge of certain forest 
                            management activities.

  TITLE IV--SECURE RURAL SCHOOLS AND COMMUNITY SELF-DETERMINATION ACT 
                               AMENDMENTS

Sec. 401. Use of reserved funds for title II projects on Federal land 
                            and certain non-Federal land.
Sec. 402. Resource advisory committees.
Sec. 403. Program for title II self-sustaining resource advisory 
                            committee projects.
Sec. 404. Additional authorized use of reserved funds for title III 
                            county projects.
Sec. 405. Treatment as supplemental funding.

              TITLE V--STEWARDSHIP END RESULT CONTRACTING

Sec. 501. Cancellation ceilings for stewardship end result contracting 
                            projects.
Sec. 502. Excess offset value.
Sec. 503. Payment of portion of stewardship project revenues to county 
                            in which stewardship project occurs.
Sec. 504. Submission of existing annual report.
Sec. 505. Fire liability provision.

 TITLE VI--ADDITIONAL FUNDING SOURCES FOR FOREST MANAGEMENT ACTIVITIES

Sec. 601. Definitions.
Sec. 602. Availability of stewardship project revenues and 
                            Collaborative Forest Landscape Restoration 
                            Fund to cover forest management activity 
                            planning costs.
Sec. 603. State-supported planning of forest management activities.

        TITLE VII--TRIBAL FORESTRY PARTICIPATION AND PROTECTION

Sec. 701. Protection of tribal forest assets through use of stewardship 
                            end result contracting and other 
                            authorities.
Sec. 702. Management of Indian forest land authorized to include 
                            related National Forest System lands and 
                            public lands.
Sec. 703. Tribal forest management demonstration project.

         TITLE VIII--MISCELLANEOUS FOREST MANAGEMENT PROVISIONS

Sec. 801. Balancing short- and long-term effects of forest management 
                            activities in considering injunctive 
                            relief.
Sec. 802. Conditions on Forest Service road decommissioning.
Sec. 803. Prohibition on application of Eastside Screens requirements 
                            on National Forest System lands.
Sec. 804. Use of site-specific forest plan amendments for certain 
                            projects and activities.
Sec. 805. Knutson-Vandenberg Act modifications.
Sec. 806. Exclusion of certain National Forest System lands and public 
                            lands.
Sec. 807. Application of Northwest Forest Plan Survey and Manage 
                            Mitigation Measure Standard and Guidelines.
Sec. 808. Management of Bureau of Land Management lands in western 
                            Oregon.
Sec. 809. Bureau of Land Management resource management plans.
Sec. 810. Landscape-scale forest restoration project.

         TITLE IX--MAJOR DISASTER FOR WILDFIRE ON FEDERAL LAND

Sec. 901. Wildfire on Federal lands.
Sec. 902. Declaration of a major disaster for wildfire on Federal 
                            lands.
Sec. 903. Prohibition on transfers.

                     DIVISION C--NATURAL RESOURCES

         TITLE I--WESTERN WATER AND AMERICAN FOOD SECURITY ACT

Sec. 1001. Short title.
Sec. 1002. Findings.
Sec. 1003. Definitions.

 Subtitle A--ADJUSTING DELTA SMELT MANAGEMENT BASED ON INCREASED REAL-
                  TIME MONITORING AND UPDATED SCIENCE

Sec. 1011. Definitions.
Sec. 1012. Revise incidental take level calculation for delta smelt to 
                            reflect new science.
Sec. 1013. Factoring increased real-time monitoring and updated science 
                            into Delta smelt management.

 Subtitle B--ENSURING SALMONID MANAGEMENT IS RESPONSIVE TO NEW SCIENCE

Sec. 1021. Definitions.
Sec. 1022. Process for ensuring salmonid management is responsive to 
                            new science.
Sec. 1023. Non-Federal program to protect native anadromous fish in the 
                            Stanislaus River.
Sec. 1024. Pilot projects to implement CALFED invasive species program.

         Subtitle C--OPERATIONAL FLEXIBILITY AND DROUGHT RELIEF

Sec. 1031. Definitions.
Sec. 1032. Operational flexibility in times of drought.
Sec. 1033. Operation of cross-channel gates.
Sec. 1034. Flexibility for export/inflow ratio.
Sec. 1035. Emergency environmental reviews.
Sec. 1036. Increased flexibility for regular project operations.
Sec. 1037. Temporary operational flexibility for first few storms of 
                            the water year.
Sec. 1038. Expediting water transfers.
Sec. 1039. Additional emergency consultation.
Sec. 1040. Additional storage at New Melones.
Sec. 1041. Regarding the operation of Folsom Reservoir.
Sec. 1042. Applicants.
Sec. 1043. San Joaquin River settlement.
Sec. 1044. Program for water rescheduling.

             Subtitle D--CALFED STORAGE FEASIBILITY STUDIES

Sec. 1051. Studies.
Sec. 1052. Temperance Flat.
Sec. 1053. CALFED storage accountability.
Sec. 1054. Water storage project construction.

                  Subtitle E--WATER RIGHTS PROTECTIONS

Sec. 1061. Offset for State Water Project.
Sec. 1062. Area of origin protections.
Sec. 1063. No redirected adverse impacts.
Sec. 1064. Allocations for Sacramento Valley contractors.
Sec. 1065. Effect on existing obligations.

                       Subtitle F--MISCELLANEOUS

Sec. 1071. Authorized service area.
Sec. 1072. Oversight board for Restoration Fund.
Sec. 1073. Water supply accounting.
Sec. 1074. Implementation of water replacement plan.
Sec. 1075. Natural and artificially spawned species.
Sec. 1076. Transfer the New Melones Unit, Central Valley Project to 
                            interested providers.
Sec. 1077. Basin studies.
Sec. 1078. Operations of the Trinity River Division.
Sec. 1079. Amendment to purposes.
Sec. 1080. Amendment to definition.
Sec. 1081. Report on results of water usage.
Sec. 1082. Klamath project consultation applicants.

                Subtitle G--Water Supply Permitting Act

Sec. 1091. Short title.
Sec. 1092. Definitions.
Sec. 1093. Establishment of lead agency and cooperating agencies.
Sec. 1094. Bureau responsibilities.
Sec. 1095. Cooperating agency responsibilities.
Sec. 1096. Funding to process permits.

         Subtitle H--Bureau of Reclamation Project Streamlining

Sec. 1101. Short title.
Sec. 1102. Definitions.
Sec. 1103. Acceleration of studies.
Sec. 1104. Expedited completion of reports.
Sec. 1105. Project acceleration.
Sec. 1106. Annual report to Congress.

 Subtitle I--Accelerated Revenue, Repayment, and Surface Water Storage 
                              Enhancement

Sec. 1111. Short title.
Sec. 1112. Prepayment of certain repayment contracts between the United 
                            States and contractors of federally 
                            developed water supplies.

                       Subtitle J--Safety of Dams

Sec. 1121. Authorization of additional project benefits.

                  Subtitle K--Water Rights Protection

Sec. 1131. Short title.
Sec. 1132. Definition of water right.
Sec. 1133. Treatment of water rights.
Sec. 1134. Recognition of State authority.
Sec. 1135. Effect of title.

    TITLE II--SPORTSMEN'S HERITAGE AND RECREATIONAL ENHANCEMENT ACT

Sec. 2001. Short title.
Sec. 2002. Report on economic impact.

 Subtitle A--Hunting, Fishing and Recreational Shooting Protection Act

Sec. 2011. Short title.
Sec. 2012. Modification of definition.
Sec. 2013. Limitation on authority to regulate ammunition and fishing 
                            tackle.

   Subtitle B--Target Practice and Marksmanship Training Support Act

Sec. 2021. Short title.
Sec. 2022. Findings; purpose.
Sec. 2023. Definition of public target range.
Sec. 2024. Amendments to Pittman-Robertson Wildlife Restoration Act.
Sec. 2025. Limits on liability.
Sec. 2026. Sense of Congress regarding cooperation.

          Subtitle C--Polar Bear Conservation and Fairness Act

Sec. 2031. Short title.
Sec. 2032.  Permits for importation of polar bear trophies taken in 
                            sport hunts in Canada.

            Subtitle D--Recreational Lands Self-Defense Act

Sec. 2041. Short title.
Sec. 2042. Protecting Americans from violent crime.

Subtitle E--Wildlife and Hunting Heritage Conservation Council Advisory 
                               Committee

Sec. 2051. Wildlife and Hunting Heritage Conservation Council Advisory 
                            Committee.

Subtitle F--Recreational Fishing and Hunting Heritage Opportunities Act

Sec. 2061. Short title.
Sec. 2062. Findings.
Sec. 2063. Fishing, hunting, and recreational shooting.
Sec. 2064. Volunteer Hunters; Reports; Closures and Restrictions.

              Subtitle G--Farmer and Hunter Protection Act

Sec. 2071. Short title.
Sec. 2072. Baiting of migratory game birds.

    Subtitle H--Transporting Bows Across National Park Service Lands

Sec. 2081. Short title.
Sec. 2082. Bowhunting opportunity and wildlife stewardship.

 Subtitle I--Federal Land Transaction Facilitation Act Reauthorization 
                                (FLTFA)

Sec. 2091. Short title.
Sec. 2092. Federal Land Transaction Facilitation Act.

 Subtitle J--African Elephant Conservation and Legal Ivory Possession 
                                  Act

Sec. 2101. Short title.
Sec. 2102. References.
Sec. 2103. Placement of United States Fish and Wildlife Service law 
                            enforcement officers in each African 
                            elephant range country.
Sec. 2104. Treatment of elephant ivory.
Sec. 2105. African Elephant Conservation Act financial assistance 
                            priority and reauthorization.
Sec. 2106. Government Accountability Office study.

              Subtitle K--Respect for Treaties and Rights

Sec. 2111. Respect for Treaties and Rights.

           Subtitle L--State Approval of Fishing Restriction

Sec. 2131. State or Territorial Approval of Restriction of Recreational 
                            or Commercial Fishing Access to Certain 
                            State or Territorial Waters.

 Subtitle M--Hunting and Recreational Fishing Within Certain National 
                                Forests

Sec. 2141. Definitions.
Sec. 2142. Hunting and recreational fishing within the national forest 
                            system.
Sec. 2143. Publication of Closure of Roads in Forests.

             Subtitle N--Grand Canyon Bison Management Act

Sec. 2151. Short title.
Sec. 2152. Definitions.
Sec. 2153. Bison management plan for Grand Canyon National Park.

            Subtitle O--Open Book on Equal Access to Justice

Sec. 2161. Short title.
Sec. 2162. Modification of equal access to justice provisions.

                  Subtitle P--Utility Terrain Vehicles

Sec. 2171. Utility terrain vehicles in Kisatchie National Forest.

             Subtitle Q--Good Samaritan Search and Recovery

Sec. 2181. Short title.
Sec. 2182. Expedited access to certain Federal land.

    Subtitle R--Interstate Transportation of Firearms or Ammunition

Sec. 2191. Interstate transportation of firearms or ammunition.

                        Subtitle S--Gray Wolves

Sec. 2201. Reissuance of final rule regarding gray wolves in the 
                            Western Great Lakes.
Sec. 2202. Reissuance of final rule regarding gray wolves in Wyoming.

                  Subtitle T--Miscellaneous Provisions

Sec. 2211.  Prohibition on issuance of final rule.
Sec. 2212. Withdrawal of existing rule regarding hunting and trapping 
                            in Alaska.

   TITLE III--NATIONAL STRATEGIC AND CRITICAL MINERALS PRODUCTION ACT

Sec. 3001. Short title.
Sec. 3002. Findings.
Sec. 3003. Definitions.

 Subtitle A--Development of Domestic Sources of Strategic and Critical 
                                Minerals

Sec. 3011. Improving development of strategic and critical minerals.
Sec. 3012. Responsibilities of the lead agency.
Sec. 3013. Conservation of the resource.
Sec. 3014. Federal register process for mineral exploration and mining 
                            projects.

 Subtitle B--Judicial Review of Agency Actions Relating to Exploration 
                            and Mine Permits

Sec. 3021. Definitions for title.
Sec. 3022. Timely filings.
Sec. 3023. Right to intervene.
Sec. 3024. Expedition in hearing and determining the action.
Sec. 3025. Limitation on prospective relief.
Sec. 3026. Limitation on attorneys' fees.

                  Subtitle C--Miscellaneous Provisions

Sec. 3031. Secretarial order not affected.

                  TITLE IV--NATIVE AMERICAN ENERGY ACT

Sec. 4001. Short title.
Sec. 4002. Appraisals.
Sec. 4003. Standardization.
Sec. 4004. Environmental reviews of major Federal actions on Indian 
                            lands.
Sec. 4005. Judicial review.
Sec. 4006. Tribal biomass demonstration project.
Sec. 4007. Tribal resource management plans.
Sec. 4008. Leases of restricted lands for the Navajo Nation.
Sec. 4009. Nonapplicability of certain rules.

             TITLE V--NORTHPORT IRRIGATION EARLY REPAYMENT

Sec. 5001. Early repayment of construction costs.

 TITLE VI--OCMULGEE MOUNDS NATIONAL HISTORICAL PARK BOUNDARY REVISION 
                                  ACT

Sec. 6001. Short title.
Sec. 6002. Definitions.
Sec. 6003. Ocmulgee Mounds National Historical Park.
Sec. 6004. Boundary adjustment.
Sec. 6005. Land acquisition; no buffer zones.
Sec. 6006. Administration.
Sec. 6007. Ocmulgee River corridor special resource study.

                TITLE VII--MEDGAR EVERS HOUSE STUDY ACT

Sec. 7001. Short title.
Sec. 7002. Special resource study.

               TITLE VIII--SKY POINT MOUNTAIN DESIGNATION

Sec. 8001. Findings.
Sec. 8002. Sky Point.

               TITLE IX--CHIEF STANDING BEAR TRAIL STUDY

Sec. 9001. Chief Standing Bear national historic trail feasibility 
                            study.

        TITLE X--JOHN MUIR NATIONAL HISTORIC SITE EXPANSION ACT

Sec. 10001. Short title.
Sec. 10002. John Muir National Historic Site land acquisition.

       TITLE XI--ARAPAHO NATIONAL FOREST BOUNDARY ADJUSTMENT ACT

Sec. 11001. Short title.
Sec. 11002. Arapaho National Forest boundary adjustment.

TITLE XII--PRESERVATION RESEARCH AT INSTITUTIONS SERVING MINORITIES ACT

Sec. 12001. Short title.
Sec. 12002. Eligibility of Hispanic-serving institutions and Asian 
                            American and Native American Pacific 
                            Islander-serving institutions for 
                            assistance for preservation education and 
                            training programs.

 TITLE XIII--ELKHORN RANCH AND WHITE RIVER NATIONAL FOREST CONVEYANCE 
                                  ACT

Sec. 13001. Short title.
Sec. 13002. Land conveyance, Elkhorn Ranch and White River National 
                            Forest, Colorado.

         TITLE XIV--NATIONAL LIBERTY MEMORIAL CLARIFICATION ACT

Sec. 14001. Short title.
Sec. 14002. Compliance with certain standards for commemorative works 
                            in establishment of National Liberty 
                            Memorial.

              TITLE XV--CRAGS, COLORADO LAND EXCHANGE ACT

Sec. 15001. Short title.
Sec. 15002. Purposes.
Sec. 15003. Definitions.
Sec. 15004. Land exchange.
Sec. 15005. Equal value exchange and appraisals.
Sec. 15006. Miscellaneous provisions.

   TITLE XVI--REMOVE REVERSIONARY INTEREST IN ROCKINGHAM COUNTY LAND

Sec. 16001. Removal of use restriction.

            TITLE XVII--COLTSVILLE NATIONAL HISTORICAL PARK

Sec. 17001. Amendment to Coltsville National Historical Park donation 
                            site.

   TITLE XVIII--MARTIN LUTHER KING, JR. NATIONAL HISTORICAL PARK ACT

Sec. 18001. Short title.
Sec. 18002. Martin Luther King, Jr. National Historical Park.
Sec. 18003. References.

   TITLE XIX--EXTENSION OF THE AUTHORIZATION FOR THE GULLAH/GEECHEE 
                 CULTURAL HERITAGE CORRIDOR COMMISSION

Sec. 19001. Extension of the authorization for the Gullah/Geechee 
                            Cultural Heritage Corridor Commission.

                      TITLE XX--9/11 MEMORIAL ACT

Sec. 20001. Short title.
Sec. 20002. Definitions.
Sec. 20003. Designation of memorial.
Sec. 20004. Competitive grants for certain memorials.

    TITLE XXI--KENNESAW MOUNTAIN NATIONAL BATTLEFIELD PARK BOUNDARY 
                             ADJUSTMENT ACT

Sec. 21001. Short title.
Sec. 21002. Findings.
Sec. 21003. Boundary adjustment; land acquisition; administration.

 TITLE XXII--VEHICLE ACCESS AT DELAWARE WATER GAP NATIONAL RECREATION 
                                  AREA

Sec. 22001. Vehicular access and fees.
Sec. 22002. Definitions.
Sec. 22003. Conforming amendment.

     TITLE XXIII--GULF ISLANDS NATIONAL SEASHORE LAND EXCHANGE ACT

Sec. 23001. Short title.
Sec. 23002. Land exchange, Gulf Islands National Seashore, Jackson 
                            County, Mississippi.

    TITLE XXIV--KOREAN WAR VETERANS MEMORIAL WALL OF REMEMBRANCE ACT

Sec. 24001. Short title.
Sec. 24002. Wall of Remembrance.

       TITLE XXV--NATIONAL FOREST SMALL TRACTS ACT AMENDMENTS ACT

Sec. 25001. Short title.
Sec. 25002. Additional authority for sale or exchange of small parcels 
                            of National Forest System land.

             TITLE XXVI--WESTERN OREGON TRIBAL FAIRNESS ACT

Sec. 26001. Short title.

              Subtitle A--Cow Creek Umpqua Land Conveyance

Sec. 26011. Short title.
Sec. 26012. Definitions.
Sec. 26013. Conveyance.
Sec. 26014. Map and legal description.
Sec. 26015. Administration.
Sec. 26016. Land reclassification.

                  Subtitle B--Coquille Forest Fairness

Sec. 26021. Short title.
Sec. 26022. Amendments to Coquille Restoration Act.

                    Subtitle C--Oregon Coastal Lands

Sec. 26031. Short title.
Sec. 26032. Definitions.
Sec. 26033. Conveyance.
Sec. 26034. Map and legal description.
Sec. 26035. Administration.
Sec. 26036. Land reclassification.

                          DIVISION D--SCIENCE

                 TITLE V--DEPARTMENT OF ENERGY SCIENCE

Sec. 501. Mission.
Sec. 502. Basic energy sciences.
Sec. 503. Advanced scientific computing research.
Sec. 504. High energy physics.
Sec. 505. Biological and environmental research.
Sec. 506. Fusion energy.
Sec. 507. Nuclear physics.
Sec. 508. Science laboratories infrastructure program.
Sec. 509. Domestic manufacturing.
Sec. 510. Authorization of appropriations.
Sec. 511. Definitions.

    TITLE VI--DEPARTMENT OF ENERGY APPLIED RESEARCH AND DEVELOPMENT

           Subtitle A--Crosscutting Research and Development

Sec. 601. Crosscutting research and development.
Sec. 602. Strategic research portfolio analysis and coordination plan.
Sec. 603. Strategy for facilities and infrastructure.
Sec. 604. Energy Innovation Hubs.

 Subtitle B--Electricity Delivery and Energy Reliability Research and 
                              Development

Sec. 611. Distributed energy and electric energy systems.
Sec. 612. Electric transmission and distribution research and 
                            development.

          Subtitle C--Nuclear Energy Research and Development

Sec. 621. Objectives.
Sec. 622. Program objectives study.
Sec. 623. Nuclear energy research and development programs.
Sec. 624. Small modular reactor program.
Sec. 625. Fuel cycle research and development.
Sec. 626. Nuclear energy enabling technologies program.
Sec. 627. Technical standards collaboration.
Sec. 628. Available facilities database.

    Subtitle D--Energy Efficiency and Renewable Energy Research and 
                              Development

Sec. 641. Energy efficiency.
Sec. 642. Next Generation Lighting Initiative.
Sec. 643. Building standards.
Sec. 644. Secondary electric vehicle battery use program.
Sec. 645. Network for Manufacturing Innovation Program.
Sec. 646. Advanced Energy Technology Transfer Centers.
Sec. 647. Renewable energy.
Sec. 648. Bioenergy program.
Sec. 649. Concentrating solar power research program.
Sec. 650. Renewable energy in public buildings.

           Subtitle E--Fossil Energy Research and Development

Sec. 661. Fossil energy.
Sec. 662. Coal research, development, demonstration, and commercial 
                            application programs.
Sec. 663. High efficiency gas turbines research and development.

          Subtitle F--Advanced Research Projects Agency-Energy

Sec. 671. ARPA-E amendments.

              Subtitle G--Authorization of Appropriations

Sec. 681. Authorization of appropriations.

                        Subtitle H--Definitions

Sec. 691. Definitions.

          TITLE VII--DEPARTMENT OF ENERGY TECHNOLOGY TRANSFER

                         Subtitle A--In General

Sec. 701. Definitions.
Sec. 702. Savings clause.

       Subtitle B--Innovation Management at Department of Energy

Sec. 712. Technology transfer and transitions assessment.
Sec. 713. Sense of Congress.
Sec. 714. Nuclear energy innovation.

    Subtitle C--Cross-Sector Partnerships and Grant Competitiveness

Sec. 721. Agreements for Commercializing Technology pilot program.
Sec. 722. Public-private partnerships for commercialization.
Sec. 723. Inclusion of early-stage technology demonstration in 
                            authorized technology transfer activities.
Sec. 724. Funding competitiveness for institutions of higher education 
                            and other nonprofit institutions.
Sec. 725. Participation in the Innovation Corps program.

                    Subtitle D--Assessment of Impact

Sec. 731. Report by Government Accountability Office.

          TITLE XXXIII--NUCLEAR ENERGY INNOVATION CAPABILITIES

Sec. 3301. Short title.
Sec. 3302. Nuclear energy.
Sec. 3303. Nuclear energy research programs.
Sec. 3304. Advanced fuel cycle initiative.
Sec. 3305. University nuclear science and engineering support.
Sec. 3306. Department of Energy civilian nuclear infrastructure and 
                            facilities.
Sec. 3307. Security of nuclear facilities.
Sec. 3308. High-performance computation and supportive research.
Sec. 3309. Enabling nuclear energy innovation.
Sec. 3310. Budget plan.
Sec. 3311. Conforming amendments.

     DIVISION A--NORTH AMERICAN ENERGY SECURITY AND INFRASTRUCTURE

SEC. 1. SHORT TITLE.

    This division may be cited as the ``North American Energy Security 
and Infrastructure Act of 2016''.

           TITLE I--MODERNIZING AND PROTECTING INFRASTRUCTURE

         Subtitle A--Energy Delivery, Reliability, and Security

SEC. 1101. FERC PROCESS COORDINATION.

    Section 15 of the Natural Gas Act (15 U.S.C. 717n) is amended--
            (1) by amending subsection (b)(2) to read as follows:
            ``(2) Other agencies.--
                    ``(A) In general.--Each Federal and State agency 
                considering an aspect of an application for Federal 
                authorization shall cooperate with the Commission and 
                comply with the deadlines established by the 
                Commission.
                    ``(B) Identification.--The Commission shall 
                identify, as early as practicable after it is notified 
                by a prospective applicant of a potential project 
                requiring Commission authorization, any Federal or 
                State agency, local government, or Indian tribe that 
                may consider an aspect of an application for that 
                Federal authorization.
                    ``(C) Notification.--
                            ``(i) In general.--The Commission shall 
                        notify any agency identified under subparagraph 
                        (B) of the opportunity to cooperate or 
                        participate in the review process.
                            ``(ii) Deadline.--A notification issued 
                        under clause (i) shall establish a deadline by 
                        which a response to the notification shall be 
                        submitted, which may be extended by the 
                        Commission for good cause.'';
            (2) in subsection (c)--
                    (A) in paragraph (1)--
                            (i) by striking ``and'' at the end of 
                        subparagraph (A);
                            (ii) by redesignating subparagraph (B) as 
                        subparagraph (C); and
                            (iii) by inserting after subparagraph (A) 
                        the following new subparagraph:
                    ``(B) set deadlines for all such Federal 
                authorizations; and'';
                    (B) by striking paragraph (2); and
                    (C) by adding at the end the following new 
                paragraphs:
            ``(2) Deadline for federal authorizations.--A final 
        decision on a Federal authorization is due no later than 90 
        days after the Commission issues its final environmental 
        document, unless a schedule is otherwise established by Federal 
        law.
            ``(3) Concurrent reviews.--Each Federal and State agency 
        considering an aspect of an application for a Federal 
        authorization shall--
                    ``(A) carry out the obligations of that agency 
                under applicable law concurrently, and in conjunction, 
                with the review required by the National Environmental 
                Policy Act of 1969 (42 U.S.C. 4321 et seq.), unless 
                doing so would impair the ability of the agency to 
                conduct needed analysis or otherwise carry out those 
                obligations;
                    ``(B) formulate and implement administrative, 
                policy, and procedural mechanisms to enable the agency 
                to ensure completion of required Federal authorizations 
                no later than 90 days after the Commission issues its 
                final environmental document; and
                    ``(C) transmit to the Commission a statement--
                            ``(i) acknowledging receipt of the schedule 
                        established under paragraph (1); and
                            ``(ii) setting forth the plan formulated 
                        under subparagraph (B) of this paragraph.
            ``(4) Issue identification and resolution.--
                    ``(A) Identification.--Federal and State agencies 
                that may consider an aspect of an application for 
                Federal authorization shall identify, as early as 
                possible, any issues of concern that may delay or 
                prevent an agency from working with the Commission to 
                resolve such issues and granting such authorization.
                    ``(B) Issue resolution.--The Commission may forward 
                any issue of concern identified under subparagraph (A) 
                to the heads of the relevant agencies (including, in 
                the case of a failure by the State agency, the Federal 
                agency overseeing the delegated authority) for 
                resolution.
            ``(5) Failure to meet schedule.--If a Federal or State 
        agency does not complete a proceeding for an approval that is 
        required for a Federal authorization in accordance with the 
        schedule established by the Commission under paragraph (1)--
                    ``(A) the applicant may pursue remedies under 
                section 19(d); and
                    ``(B) the head of the relevant Federal agency 
                (including, in the case of a failure by a State agency, 
                the Federal agency overseeing the delegated authority) 
                shall notify Congress and the Commission of such 
                failure and set forth a recommended implementation plan 
                to ensure completion of the proceeding for an 
                approval.'';
            (3) by redesignating subsections (d) through (f) as 
        subsections (g) through (i), respectively; and
            (4) by inserting after subsection (c) the following new 
        subsections:
    ``(d) Remote Surveys.--If a Federal or State agency considering an 
aspect of an application for Federal authorization requires the 
applicant to submit environmental data, the agency shall consider any 
such data gathered by aerial or other remote means that the applicant 
submits. The agency may grant a conditional approval for Federal 
authorization, conditioned on the verification of such data by 
subsequent onsite inspection.
    ``(e) Application Processing.--The Commission, and Federal and 
State agencies, may allow an applicant seeking Federal authorization to 
fund a third-party contractor to assist in reviewing the application.
    ``(f) Accountability, Transparency, Efficiency.--For applications 
requiring multiple Federal authorizations, the Commission, with input 
from any Federal or State agency considering an aspect of an 
application, shall track and make available to the public on the 
Commission's website information related to the actions required to 
complete permitting, reviews, and other actions required. Such 
information shall include the following:
            ``(1) The schedule established by the Commission under 
        subsection (c)(1).
            ``(2) A list of all the actions required by each applicable 
        agency to complete permitting, reviews, and other actions 
        necessary to obtain a final decision on the Federal 
        authorization.
            ``(3) The expected completion date for each such action.
            ``(4) A point of contact at the agency accountable for each 
        such action.
            ``(5) In the event that an action is still pending as of 
        the expected date of completion, a brief explanation of the 
        reasons for the delay.''.

SEC. 1102. RESOLVING ENVIRONMENTAL AND GRID RELIABILITY CONFLICTS.

    (a) Compliance With or Violation of Environmental Laws While Under 
Emergency Order.--Section 202(c) of the Federal Power Act (16 U.S.C. 
824a(c)) is amended--
            (1) by inserting ``(1)'' after ``(c)''; and
            (2) by adding at the end the following:
    ``(2) With respect to an order issued under this subsection that 
may result in a conflict with a requirement of any Federal, State, or 
local environmental law or regulation, the Commission shall ensure that 
such order requires generation, delivery, interchange, or transmission 
of electric energy only during hours necessary to meet the emergency 
and serve the public interest, and, to the maximum extent practicable, 
is consistent with any applicable Federal, State, or local 
environmental law or regulation and minimizes any adverse environmental 
impacts.
    ``(3) To the extent any omission or action taken by a party, that 
is necessary to comply with an order issued under this subsection, 
including any omission or action taken to voluntarily comply with such 
order, results in noncompliance with, or causes such party to not 
comply with, any Federal, State, or local environmental law or 
regulation, such omission or action shall not be considered a violation 
of such environmental law or regulation, or subject such party to any 
requirement, civil or criminal liability, or a citizen suit under such 
environmental law or regulation.
    ``(4)(A) An order issued under this subsection that may result in a 
conflict with a requirement of any Federal, State, or local 
environmental law or regulation shall expire not later than 90 days 
after it is issued. The Commission may renew or reissue such order 
pursuant to paragraphs (1) and (2) for subsequent periods, not to 
exceed 90 days for each period, as the Commission determines necessary 
to meet the emergency and serve the public interest.
    ``(B) In renewing or reissuing an order under subparagraph (A), the 
Commission shall consult with the primary Federal agency with expertise 
in the environmental interest protected by such law or regulation, and 
shall include in any such renewed or reissued order such conditions as 
such Federal agency determines necessary to minimize any adverse 
environmental impacts to the extent practicable. The conditions, if 
any, submitted by such Federal agency shall be made available to the 
public. The Commission may exclude such a condition from the renewed or 
reissued order if it determines that such condition would prevent the 
order from adequately addressing the emergency necessitating such order 
and provides in the order, or otherwise makes publicly available, an 
explanation of such determination.
    ``(5) If an order issued under this subsection is subsequently 
stayed, modified, or set aside by a court pursuant to section 313 or 
any other provision of law, any omission or action previously taken by 
a party that was necessary to comply with the order while the order was 
in effect, including any omission or action taken to voluntarily comply 
with the order, shall remain subject to paragraph (3).''.
    (b) Temporary Connection or Construction by Municipalities.--
Section 202(d) of the Federal Power Act (16 U.S.C. 824a(d)) is amended 
by inserting ``or municipality'' before ``engaged in the transmission 
or sale of electric energy''.

SEC. 1103. EMERGENCY PREPAREDNESS FOR ENERGY SUPPLY DISRUPTIONS.

    (a) Finding.--Congress finds that recent natural disasters have 
underscored the importance of having resilient oil and natural gas 
infrastructure and energy storage and effective ways for industry and 
government to communicate to address energy supply disruptions.
    (b) Authorization for Activities To Enhance Emergency Preparedness 
for Natural Disasters.--The Secretary of Energy shall develop and adopt 
procedures to--
            (1) improve communication and coordination between the 
        Department of Energy's energy response team, Federal partners, 
        and industry;
            (2) leverage the Energy Information Administration's 
        subject matter expertise within the Department's energy 
        response team to improve supply chain situation assessments;
            (3) establish company liaisons and direct communication 
        with the Department's energy response team to improve situation 
        assessments;
            (4) streamline and enhance processes for obtaining 
        temporary regulatory relief to speed up emergency response and 
        recovery;
            (5) facilitate and increase engagement among States, the 
        oil and natural gas industry, the energy storage industry, and 
        the Department in developing State and local energy assurance 
        plans;
            (6) establish routine education and training programs for 
        key government emergency response positions with the Department 
        and States; and
            (7) involve States, the energy storage industry, and the 
        oil and natural gas industry in comprehensive drill and 
        exercise programs.
    (c) Cooperation.--The activities carried out under subsection (b) 
shall include collaborative efforts with State and local government 
officials and the private sector.
    (d) Report.--Not later than 180 days after the date of enactment of 
this Act, the Secretary of Energy shall submit to Congress a report 
describing the effectiveness of the activities authorized under this 
section.

SEC. 1104. CRITICAL ELECTRIC INFRASTRUCTURE SECURITY.

    (a) Critical Electric Infrastructure Security.--Part II of the 
Federal Power Act (16 U.S.C. 824 et seq.) is amended by adding after 
section 215 the following new section:

``SEC. 215A. CRITICAL ELECTRIC INFRASTRUCTURE SECURITY.

    ``(a) Definitions.--For purposes of this section:
            ``(1) Bulk-power system; electric reliability organization; 
        regional entity.--The terms `bulk-power system', `Electric 
        Reliability Organization', and `regional entity' have the 
        meanings given such terms in paragraphs (1), (2), and (7) of 
        section 215(a), respectively.
            ``(2) Critical electric infrastructure.--The term `critical 
        electric infrastructure' means a system or asset of the bulk-
        power system, whether physical or virtual, the incapacity or 
        destruction of which would negatively affect national security, 
        economic security, public health or safety, or any combination 
        of such matters.
            ``(3) Critical electric infrastructure information.--The 
        term `critical electric infrastructure information' means 
        information related to critical electric infrastructure, or 
        proposed critical electrical infrastructure, generated by or 
        provided to the Commission or other Federal agency, other than 
        classified national security information, that is designated as 
        critical electric infrastructure information by the Commission 
        under subsection (d)(2). Such term includes information that 
        qualifies as critical energy infrastructure information under 
        the Commission's regulations.
            ``(4) Defense critical electric infrastructure.--The term 
        `defense critical electric infrastructure' means any electric 
        infrastructure located in the United States (including the 
        territories) that serves a facility designated by the Secretary 
        pursuant to subsection (c), but is not owned or operated by the 
        owner or operator of such facility.
            ``(5) Electromagnetic pulse.--The term `electromagnetic 
        pulse' means 1 or more pulses of electromagnetic energy emitted 
        by a device capable of disabling or disrupting operation of, or 
        destroying, electronic devices or communications networks, 
        including hardware, software, and data, by means of such a 
        pulse.
            ``(6) Geomagnetic storm.--The term `geomagnetic storm' 
        means a temporary disturbance of the Earth's magnetic field 
        resulting from solar activity.
            ``(7) Grid security emergency.--The term `grid security 
        emergency' means the occurrence or imminent danger of--
                    ``(A)(i) a malicious act using electronic 
                communication or an electromagnetic pulse, or a 
                geomagnetic storm event, that could disrupt the 
                operation of those electronic devices or communications 
                networks, including hardware, software, and data, that 
                are essential to the reliability of critical electric 
                infrastructure or of defense critical electric 
                infrastructure; and
                    ``(ii) disruption of the operation of such devices 
                or networks, with significant adverse effects on the 
                reliability of critical electric infrastructure or of 
                defense critical electric infrastructure, as a result 
                of such act or event; or
                    ``(B)(i) a direct physical attack on critical 
                electric infrastructure or on defense critical electric 
                infrastructure; and
                    ``(ii) significant adverse effects on the 
                reliability of critical electric infrastructure or of 
                defense critical electric infrastructure as a result of 
                such physical attack.
            ``(8) Grid security vulnerability.--The term `grid security 
        vulnerability' means a weakness that, in the event of a 
        malicious act using an electromagnetic pulse, would pose a 
        substantial risk of disruption to the operation of those 
        electrical or electronic devices or communications networks, 
        including hardware, software, and data, that are essential to 
        the reliability of the bulk-power system.
            ``(9) Secretary.--The term `Secretary' means the Secretary 
        of Energy.
    ``(b) Authority To Address Grid Security Emergency.--
            ``(1) Authority.--Whenever the President issues and 
        provides to the Secretary a written directive or determination 
        identifying a grid security emergency, the Secretary may, with 
        or without notice, hearing, or report, issue such orders for 
        emergency measures as are necessary in the judgment of the 
        Secretary to protect or restore the reliability of critical 
        electric infrastructure or of defense critical electric 
        infrastructure during such emergency. As soon as practicable 
        but not later than 180 days after the date of enactment of this 
        section, the Secretary shall, after notice and opportunity for 
        comment, establish rules of procedure that ensure that such 
        authority can be exercised expeditiously.
            ``(2) Notification of congress.--Whenever the President 
        issues and provides to the Secretary a written directive or 
        determination under paragraph (1), the President shall promptly 
        notify congressional committees of relevant jurisdiction, 
        including the Committee on Energy and Commerce of the House of 
        Representatives and the Committee on Energy and Natural 
        Resources of the Senate, of the contents of, and justification 
        for, such directive or determination.
            ``(3) Consultation.--Before issuing an order for emergency 
        measures under paragraph (1), the Secretary shall, to the 
        extent practicable in light of the nature of the grid security 
        emergency and the urgency of the need for action, consult with 
        appropriate governmental authorities in Canada and Mexico, 
        entities described in paragraph (4), the Electricity Sub-sector 
        Coordinating Council, the Commission, and other appropriate 
        Federal agencies regarding implementation of such emergency 
        measures.
            ``(4) Application.--An order for emergency measures under 
        this subsection may apply to--
                    ``(A) the Electric Reliability Organization;
                    ``(B) a regional entity; or
                    ``(C) any owner, user, or operator of critical 
                electric infrastructure or of defense critical electric 
                infrastructure within the United States.
            ``(5) Expiration and reissuance.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), an order for emergency measures 
                issued under paragraph (1) shall expire no later than 
                15 days after its issuance.
                    ``(B) Extensions.--The Secretary may reissue an 
                order for emergency measures issued under paragraph (1) 
                for subsequent periods, not to exceed 15 days for each 
                such period, provided that the President, for each such 
                period, issues and provides to the Secretary a written 
                directive or determination that the grid security 
                emergency identified under paragraph (1) continues to 
                exist or that the emergency measure continues to be 
                required.
            ``(6) Cost recovery.--
                    ``(A) Critical electric infrastructure.--If the 
                Commission determines that owners, operators, or users 
                of critical electric infrastructure have incurred 
                substantial costs to comply with an order for emergency 
                measures issued under this subsection and that such 
                costs were prudently incurred and cannot reasonably be 
                recovered through regulated rates or market prices for 
                the electric energy or services sold by such owners, 
                operators, or users, the Commission shall, consistent 
                with the requirements of section 205, after notice and 
                an opportunity for comment, establish a mechanism that 
                permits such owners, operators, or users to recover 
                such costs.
                    ``(B) Defense critical electric infrastructure.--To 
                the extent the owner or operator of defense critical 
                electric infrastructure is required to take emergency 
                measures pursuant to an order issued under this 
                subsection, the owners or operators of a critical 
                defense facility or facilities designated by the 
                Secretary pursuant to subsection (c) that rely upon 
                such infrastructure shall bear the full incremental 
                costs of the measures.
            ``(7) Temporary access to classified information.--The 
        Secretary, and other appropriate Federal agencies, shall, to 
        the extent practicable and consistent with their obligations to 
        protect classified information, provide temporary access to 
        classified information related to a grid security emergency for 
        which emergency measures are issued under paragraph (1) to key 
        personnel of any entity subject to such emergency measures to 
        enable optimum communication between the entity and the 
        Secretary and other appropriate Federal agencies regarding the 
        grid security emergency.
    ``(c) Designation of Critical Defense Facilities.--Not later than 
180 days after the date of enactment of this section, the Secretary, in 
consultation with other appropriate Federal agencies and appropriate 
owners, users, or operators of infrastructure that may be defense 
critical electric infrastructure, shall identify and designate 
facilities located in the United States (including the territories) 
that are--
            ``(1) critical to the defense of the United States; and
            ``(2) vulnerable to a disruption of the supply of electric 
        energy provided to such facility by an external provider.
The Secretary may, in consultation with appropriate Federal agencies 
and appropriate owners, users, or operators of defense critical 
electric infrastructure, periodically revise the list of designated 
facilities as necessary.
    ``(d) Protection and Sharing of Critical Electric Infrastructure 
Information.--
            ``(1) Protection of critical electric infrastructure 
        information.--Critical electric infrastructure information--
                    ``(A) shall be exempt from disclosure under section 
                552(b)(3) of title 5, United States Code; and
                    ``(B) shall not be made available by any Federal, 
                State, political subdivision or tribal authority 
                pursuant to any Federal, State, political subdivision 
                or tribal law requiring public disclosure of 
                information or records.
            ``(2) Designation and sharing of critical electric 
        infrastructure information.--Not later than one year after the 
        date of enactment of this section, the Commission, in 
        consultation with the Secretary of Energy, shall promulgate 
        such regulations and issue such orders as necessary to--
                    ``(A) designate information as critical electric 
                infrastructure information;
                    ``(B) prohibit the unauthorized disclosure of 
                critical electric infrastructure information;
                    ``(C) ensure there are appropriate sanctions in 
                place for Commissioners, officers, employees, or agents 
                of the Commission who knowingly and willfully disclose 
                critical electric infrastructure information in a 
                manner that is not authorized under this section; and
                    ``(D) taking into account standards of the Electric 
                Reliability Organization, facilitate voluntary sharing 
                of critical electric infrastructure information with, 
                between, and by--
                            ``(i) Federal, State, political 
                        subdivision, and tribal authorities;
                            ``(ii) the Electric Reliability 
                        Organization;
                            ``(iii) regional entities;
                            ``(iv) information sharing and analysis 
                        centers established pursuant to Presidential 
                        Decision Directive 63;
                            ``(v) owners, operators, and users of 
                        critical electric infrastructure in the United 
                        States; and
                            ``(vi) other entities determined 
                        appropriate by the Commission.
            ``(3) Considerations.--In promulgating regulations and 
        issuing orders under paragraph (2), the Commission shall take 
        into consideration the role of State commissions in reviewing 
        the prudence and cost of investments, determining the rates and 
        terms of conditions for electric services, and ensuring the 
        safety and reliability of the bulk-power system and 
        distribution facilities within their respective jurisdictions.
            ``(4) Protocols.--The Commission shall, in consultation 
        with Canadian and Mexican authorities, develop protocols for 
        the voluntary sharing of critical electric infrastructure 
        information with Canadian and Mexican authorities and owners, 
        operators, and users of the bulk-power system outside the 
        United States.
            ``(5) No required sharing of information.--Nothing in this 
        section shall require a person or entity in possession of 
        critical electric infrastructure information to share such 
        information with Federal, State, political subdivision, or 
        tribal authorities, or any other person or entity.
            ``(6) Submission of information to congress.--Nothing in 
        this section shall permit or authorize the withholding of 
        information from Congress, any committee or subcommittee 
        thereof, or the Comptroller General.
            ``(7) Disclosure of protected information.--In implementing 
        this section, the Commission shall segregate critical electric 
        infrastructure information or information that reasonably could 
        be expected to lead to the disclosure of the critical electric 
        infrastructure information within documents and electronic 
        communications, wherever feasible, to facilitate disclosure of 
        information that is not designated as critical electric 
        infrastructure information.
            ``(8) Duration of designation.--Information may not be 
        designated as critical electric infrastructure information for 
        longer than 5 years, unless specifically re-designated by the 
        Commission.
            ``(9) Removal of designation.--The Commission shall remove 
        the designation of critical electric infrastructure 
        information, in whole or in part, from a document or electronic 
        communication if the Commission determines that the 
        unauthorized disclosure of such information could no longer be 
        used to impair the security or reliability of the bulk-power 
        system or distribution facilities.
            ``(10) Judicial review of designations.--Notwithstanding 
        section 313(b), any determination by the Commission concerning 
        the designation of critical electric infrastructure information 
        under this subsection shall be subject to review under chapter 
        7 of title 5, United States Code, except that such review shall 
        be brought in the district court of the United States in the 
        district in which the complainant resides, or has his principal 
        place of business, or in the District of Columbia. In such a 
        case the court shall examine in camera the contents of 
        documents or electronic communications that are the subject of 
        the determination under review to determine whether such 
        documents or any part thereof were improperly designated or not 
        designated as critical electric infrastructure information.
    ``(e) Measures to Address Grid Security Vulnerabilities.--
            ``(1) Commission authority.--
                    ``(A) Reliability standards.--If the Commission, in 
                consultation with appropriate Federal agencies, 
                identifies a grid security vulnerability that the 
                Commission determines has not adequately been addressed 
                through a reliability standard developed and approved 
                under section 215, the Commission shall, after notice 
                and opportunity for comment and after consultation with 
                the Secretary, other appropriate Federal agencies, and 
                appropriate governmental authorities in Canada and 
                Mexico, issue an order directing the Electric 
                Reliability Organization to submit to the Commission 
                for approval under section 215, not later than 30 days 
                after the issuance of such order, a reliability 
                standard requiring implementation, by any owner, 
                operator, or user of the bulk-power system in the 
                United States, of measures to protect the bulk-power 
                system against such vulnerability. Any such standard 
                shall include a protection plan, including automated 
                hardware-based solutions. The Commission shall approve 
                a reliability standard submitted pursuant to this 
                subparagraph, unless the Commission determines that 
                such reliability standard does not adequately protect 
                against such vulnerability or otherwise does not 
                satisfy the requirements of section 215.
                    ``(B) Measures to address grid security 
                vulnerabilities.--If the Commission, after notice and 
                opportunity for comment and after consultation with the 
                Secretary, other appropriate Federal agencies, and 
                appropriate governmental authorities in Canada and 
                Mexico, determines that the reliability standard 
                submitted by the Electric Reliability Organization to 
                address a grid security vulnerability identified under 
                subparagraph (A) does not adequately protect the bulk-
                power system against such vulnerability, the Commission 
                shall promulgate a rule or issue an order requiring 
                implementation, by any owner, operator, or user of the 
                bulk-power system in the United States, of measures to 
                protect the bulk-power system against such 
                vulnerability. Any such rule or order shall include a 
                protection plan, including automated hardware-based 
                solutions. Before promulgating a rule or issuing an 
                order under this subparagraph, the Commission shall, to 
                the extent practicable in light of the urgency of the 
                need for action to address the grid security 
                vulnerability, request and consider recommendations 
                from the Electric Reliability Organization regarding 
                such rule or order. The Commission may establish an 
                appropriate deadline for the submission of such 
                recommendations.
            ``(2) Rescission.--The Commission shall approve a 
        reliability standard developed under section 215 that addresses 
        a grid security vulnerability that is the subject of a rule or 
        order under paragraph (1)(B), unless the Commission determines 
        that such reliability standard does not adequately protect 
        against such vulnerability or otherwise does not satisfy the 
        requirements of section 215. Upon such approval, the Commission 
        shall rescind the rule promulgated or order issued under 
        paragraph (1)(B) addressing such vulnerability, effective upon 
        the effective date of the newly approved reliability standard.
            ``(3) Geomagnetic storms and electromagnetic pulse.--Not 
        later than 6 months after the date of enactment of this 
        section, the Commission shall, after notice and an opportunity 
        for comment and after consultation with the Secretary and other 
        appropriate Federal agencies, issue an order directing the 
        Electric Reliability Organization to submit to the Commission 
        for approval under section 215, not later than 6 months after 
        the issuance of such order, reliability standards adequate to 
        protect the bulk-power system from any reasonably foreseeable 
        geomagnetic storm or electromagnetic pulse event. The 
        Commission's order shall specify the nature and magnitude of 
        the reasonably foreseeable events against which such standards 
        must protect. Such standards shall appropriately balance the 
        risks to the bulk-power system associated with such events, 
        including any regional variation in such risks, the costs of 
        mitigating such risks, and the priorities and timing associated 
        with implementation. If the Commission determines that the 
        reliability standards submitted by the Electric Reliability 
        Organization pursuant to this paragraph are inadequate, the 
        Commission shall promulgate a rule or issue an order adequate 
        to protect the bulk-power system from geomagnetic storms or 
        electromagnetic pulse as required under paragraph (1)(B).
            ``(4) Large transformer availability.--Not later than 1 
        year after the date of enactment of this section, the 
        Commission shall, after notice and an opportunity for comment 
        and after consultation with the Secretary and other appropriate 
        Federal agencies, issue an order directing the Electric 
        Reliability Organization to submit to the Commission for 
        approval under section 215, not later than 1 year after the 
        issuance of such order, reliability standards addressing 
        availability of large transformers. Such standards shall 
        require entities that own or operate large transformers to 
        ensure, individually or jointly, adequate availability of large 
        transformers to promptly restore the reliable operation of the 
        bulk-power system in the event that any such transformer is 
        destroyed or disabled as a result of a geomagnetic storm event 
        or electromagnetic pulse event. The Commission's order shall 
        specify the nature and magnitude of the reasonably foreseeable 
        events that shall provide the basis for such standards. Such 
        standards shall--
                    ``(A) provide entities subject to the standards 
                with the option of meeting such standards individually 
                or jointly; and
                    ``(B) appropriately balance the risks associated 
                with a reasonably foreseeable event, including any 
                regional variation in such risks, and the costs of 
                ensuring adequate availability of spare transformers.
            ``(5) Certain federal entities.--For the 11-year period 
        commencing on the date of enactment of this section, the 
        Tennessee Valley Authority and the Bonneville Power 
        Administration shall be exempt from any requirement under this 
        subsection.
    ``(f) Security Clearances.--The Secretary shall facilitate and, to 
the extent practicable, expedite the acquisition of adequate security 
clearances by key personnel of any entity subject to the requirements 
of this section, to enable optimum communication with Federal agencies 
regarding threats to the security of the critical electric 
infrastructure. The Secretary, the Commission, and other appropriate 
Federal agencies shall, to the extent practicable and consistent with 
their obligations to protect classified and critical electric 
infrastructure information, share timely actionable information 
regarding grid security with appropriate key personnel of owners, 
operators, and users of the critical electric infrastructure.
    ``(g) Clarifications of Liability.--
            ``(1) Compliance with or violation of this act.--Except as 
        provided in paragraph (4), to the extent any action or omission 
        taken by an entity that is necessary to comply with an order 
        for emergency measures issued under subsection (b)(1), 
        including any action or omission taken to voluntarily comply 
        with such order, results in noncompliance with, or causes such 
        entity not to comply with any rule, order, regulation, or 
        provision of this Act, including any reliability standard 
        approved by the Commission pursuant to section 215, such action 
        or omission shall not be considered a violation of such rule, 
        order, regulation, or provision.
            ``(2)  Relation to section 202(c).--Except as provided in 
        paragraph (4), an action or omission taken by an owner, 
        operator, or user of critical electric infrastructure or of 
        defense critical electric infrastructure to comply with an 
        order for emergency measures issued under subsection (b)(1) 
        shall be treated as an action or omission taken to comply with 
        an order issued under section 202(c) for purposes of such 
        section.
            ``(3) Sharing or receipt of information.--No cause of 
        action shall lie or be maintained in any Federal or State court 
        for the sharing or receipt of information under, and that is 
        conducted in accordance with, subsection (d).
            ``(4) Rule of construction.--Nothing in this subsection 
        shall be construed to require dismissal of a cause of action 
        against an entity that, in the course of complying with an 
        order for emergency measures issued under subsection (b)(1) by 
        taking an action or omission for which they would be liable but 
        for paragraph (1) or (2), takes such action or omission in a 
        grossly negligent manner.''.
    (b) Conforming Amendments.--
            (1) Jurisdiction.--Section 201(b)(2) of the Federal Power 
        Act (16 U.S.C. 824(b)(2)) is amended by inserting ``215A,'' 
        after ``215,'' each place it appears.
            (2) Public utility.--Section 201(e) of the Federal Power 
        Act (16 U.S.C. 824(e)) is amended by inserting ``215A,'' after 
        ``215,''.

SEC. 1105. STRATEGIC TRANSFORMER RESERVE.

    (a) Finding.--Congress finds that the storage of strategically 
located spare large power transformers and emergency mobile substations 
will reduce the vulnerability of the United States to multiple risks 
facing electric grid reliability, including physical attack, cyber 
attack, electromagnetic pulse, geomagnetic disturbances, severe 
weather, and seismic events.
    (b) Definitions.--In this section:
            (1) Bulk-power system.--The term ``bulk-power system'' has 
        the meaning given such term in section 215(a) of the Federal 
        Power Act (16 U.S.C. 824o(a)).
            (2) Critically damaged large power transformer.--The term 
        ``critically damaged large power transformer'' means a large 
        power transformer that--
                    (A) has sustained extensive damage such that--
                            (i) repair or refurbishment is not 
                        economically viable; or
                            (ii) the extensive time to repair or 
                        refurbish the large power transformer would 
                        create an extended period of instability in the 
                        bulk-power system; and
                    (B) prior to sustaining such damage, was part of 
                the bulk-power system.
            (3) Critical electric infrastructure.--The term ``critical 
        electric infrastructure'' has the meaning given that term in 
        section 215A of the Federal Power Act.
            (4) Electric reliability organization.--The term ``Electric 
        Reliability Organization'' has the meaning given such term in 
        section 215(a) of the Federal Power Act (16 U.S.C. 824o(a)).
            (5) Emergency mobile substation.--The term ``emergency 
        mobile substation'' means a mobile substation or mobile 
        transformer that is--
                    (A) assembled and permanently mounted on a trailer 
                that is capable of highway travel and meets relevant 
                Department of Transportation regulations; and
                    (B) intended for express deployment and capable of 
                being rapidly placed into service.
            (6) Large power transformer.--The term ``large power 
        transformer'' means a power transformer with a maximum 
        nameplate rating of 100 megavolt-amperes or higher, including 
        related critical equipment, that is, or is intended to be, a 
        part of the bulk-power system.
            (7) Secretary.--The term ``Secretary'' means the Secretary 
        of Energy.
            (8) Spare large power transformer.--The term ``spare large 
        power transformer'' means a large power transformer that is 
        stored within the Strategic Transformer Reserve to be available 
        to temporarily replace a critically damaged large power 
        transformer.
    (c) Strategic Transformer Reserve Plan.--
            (1) Plan.--Not later than 1 year after the date of 
        enactment of this Act, the Secretary, acting through the Office 
        of Electricity Delivery and Energy Reliability, shall, in 
        consultation with the Federal Energy Regulatory Commission, the 
        Electricity Sub-sector Coordinating Council, the Electric 
        Reliability Organization, and owners and operators of critical 
        electric infrastructure and defense and military installations, 
        prepare and submit to Congress a plan to establish a Strategic 
        Transformer Reserve for the storage, in strategically located 
        facilities, of spare large power transformers and emergency 
        mobile substations in sufficient numbers to temporarily replace 
        critically damaged large power transformers and substations 
        that are critical electric infrastructure or serve defense and 
        military installations.
            (2) Inclusions.--The Strategic Transformer Reserve plan 
        shall include a description of--
                    (A) the appropriate number and type of spare large 
                power transformers necessary to provide or restore 
                sufficient resiliency to the bulk-power system, 
                critical electric infrastructure, and defense and 
                military installations to mitigate significant impacts 
                to the electric grid resulting from--
                            (i) physical attack;
                            (ii) cyber attack;
                            (iii) electromagnetic pulse attack;
                            (iv) geomagnetic disturbances;
                            (v) severe weather; or
                            (vi) seismic events;
                    (B) other critical electric grid equipment for 
                which an inventory of spare equipment, including 
                emergency mobile substations, is necessary to provide 
                or restore sufficient resiliency to the bulk-power 
                system, critical electric infrastructure, and defense 
                and military installations;
                    (C) the degree to which utility sector actions or 
                initiatives, including individual utility ownership of 
                spare equipment, joint ownership of spare equipment 
                inventory, sharing agreements, or other spare equipment 
                reserves or arrangements, satisfy the needs identified 
                under subparagraphs (A) and (B);
                    (D) the potential locations for, and feasibility 
                and appropriate number of, strategic storage locations 
                for reserve equipment, including consideration of--
                            (i) the physical security of such 
                        locations;
                            (ii) the protection of the confidentiality 
                        of such locations; and
                            (iii) the proximity of such locations to 
                        sites of potentially critically damaged large 
                        power transformers and substations that are 
                        critical electric infrastructure or serve 
                        defense and military installations, so as to 
                        enable efficient delivery of equipment to such 
                        sites;
                    (E) the necessary degree of flexibility of spare 
                large power transformers to be included in the 
                Strategic Transformer Reserve to conform to different 
                substation configurations, including consideration of 
                transformer--
                            (i) power and voltage rating for each 
                        winding;
                            (ii) overload requirements;
                            (iii) impedance between windings;
                            (iv) configuration of windings; and
                            (v) tap requirements;
                    (F) an estimate of the direct cost of the Strategic 
                Transformer Reserve, as proposed, including--
                            (i) the cost of storage facilities;
                            (ii) the cost of the equipment; and
                            (iii) management, maintenance, and 
                        operation costs;
                    (G) the funding options available to establish, 
                stock, manage, and maintain the Strategic Transformer 
                Reserve, including consideration of fees on owners and 
                operators of bulk-power system facilities, critical 
                electric infrastructure, and defense and military 
                installations relying on the Strategic Transformer 
                Reserve, use of Federal appropriations, and public-
                private cost-sharing options;
                    (H) the ease and speed of transportation, 
                installation, and energization of spare large power 
                transformers to be included in the Strategic 
                Transformer Reserve, including consideration of factors 
                such as--
                            (i) transformer transportation weight;
                            (ii) transformer size;
                            (iii) topology of critical substations;
                            (iv) availability of appropriate 
                        transformer mounting pads;
                            (v) flexibility of the spare large power 
                        transformers as described in subparagraph (E); 
                        and
                            (vi) ability to rapidly transition a spare 
                        large power transformer from storage to 
                        energization;
                    (I) eligibility criteria for withdrawal of 
                equipment from the Strategic Transformer Reserve;
                    (J) the process by which owners or operators of 
                critically damaged large power transformers or 
                substations that are critical electric infrastructure 
                or serve defense and military installations may apply 
                for a withdrawal from the Strategic Transformer 
                Reserve;
                    (K) the process by which equipment withdrawn from 
                the Strategic Transformer Reserve is returned to the 
                Strategic Transformer Reserve or is replaced;
                    (L) possible fees to be paid by users of equipment 
                withdrawn from the Strategic Transformer Reserve;
                    (M) possible fees to be paid by owners and 
                operators of large power transformers and substations 
                that are critical electric infrastructure or serve 
                defense and military installations to cover operating 
                costs of the Strategic Transformer Reserve;
                    (N) the domestic and international large power 
                transformer supply chain;
                    (O) the potential reliability, cost, and 
                operational benefits of including emergency mobile 
                substations in any Strategic Transformer Reserve 
                established under this section; and
                    (P) other considerations for designing, 
                constructing, stocking, funding, and managing the 
                Strategic Transformer Reserve.
    (d) Establishment.--The Secretary may establish a Strategic 
Transformer Reserve in accordance with the plan prepared pursuant to 
subsection (c) after the date that is 6 months after the date on which 
such plan is submitted to Congress.
    (e) Disclosure of Information.--Any information included in the 
Strategic Transformer Reserve plan, or shared in the preparation and 
development of such plan, the disclosure of which the agency reasonably 
foresees would cause harm to critical electric infrastructure, shall be 
deemed to be critical electric infrastructure information for purposes 
of section 215A(d) of the Federal Power Act.

SEC. 1106. CYBER SENSE.

    (a) In General.--The Secretary of Energy shall establish a 
voluntary Cyber Sense program to identify and promote cyber-secure 
products intended for use in the bulk-power system, as defined in 
section 215(a) of the Federal Power Act (16 U.S.C. 824o(a)).
    (b) Program Requirements.--In carrying out subsection (a), the 
Secretary of Energy shall--
            (1) establish a Cyber Sense testing process to identify 
        products and technologies intended for use in the bulk-power 
        system, including products relating to industrial control 
        systems, such as supervisory control and data acquisition 
        systems;
            (2) for products tested and identified under the Cyber 
        Sense program, establish and maintain cybersecurity 
        vulnerability reporting processes and a related database;
            (3) promulgate regulations regarding vulnerability 
        reporting processes for products tested and identified under 
        the Cyber Sense program;
            (4) provide technical assistance to utilities, product 
        manufacturers, and other electric sector stakeholders to 
        develop solutions to mitigate identified vulnerabilities in 
        products tested and identified under the Cyber Sense program;
            (5) biennially review products tested and identified under 
        the Cyber Sense program for vulnerabilities and provide 
        analysis with respect to how such products respond to and 
        mitigate cyber threats;
            (6) develop procurement guidance for utilities for products 
        tested and identified under the Cyber Sense program;
            (7) provide reasonable notice to the public, and solicit 
        comments from the public, prior to establishing or revising the 
        Cyber Sense testing process;
            (8) oversee Cyber Sense testing carried out by third 
        parties; and
            (9) consider incentives to encourage the use in the bulk-
        power system of products tested and identified under the Cyber 
        Sense program.
    (c) Disclosure of Information.--Any vulnerability reported pursuant 
to regulations promulgated under subsection (b)(3), the disclosure of 
which the agency reasonably foresees would cause harm to critical 
electric infrastructure (as defined in section 215A of the Federal 
Power Act), shall be deemed to be critical electric infrastructure 
information for purposes of section 215A(d) of the Federal Power Act.
    (d) Federal Government Liability.--Consistent with other voluntary 
Federal Government certification programs, nothing in this section 
shall be construed to authorize the commencement of an action against 
the United States Government with respect to the testing and 
identification of a product under the Cyber Sense program.

SEC. 1107. STATE COVERAGE AND CONSIDERATION OF PURPA STANDARDS FOR 
              ELECTRIC UTILITIES.

    (a) State Consideration of Resiliency and Advanced Energy Analytics 
Technologies and Reliable Generation.--
            (1) Consideration.--Section 111(d) of the Public Utility 
        Regulatory Policies Act of 1978 (16 U.S.C. 2621(d)) is amended 
        by adding the following at the end:
            ``(20) Improving the resilience of electric 
        infrastructure.--
                    ``(A) In general.--Each electric utility shall 
                develop a plan to use resiliency-related technologies, 
                upgrades, measures, and other approaches designed to 
                improve the resilience of electric infrastructure, 
                mitigate power outages, continue delivery of vital 
                services, and maintain the flow of power to facilities 
                critical to public health, safety, and welfare, to the 
                extent practicable using the most current data, 
                metrics, and frameworks related to current and future 
                threats, including physical and cyber attacks, 
                electromagnetic pulse attacks, geomagnetic 
                disturbances, seismic events, and severe weather and 
                other environmental stressors.
                    ``(B) Resiliency-related technologies.--For 
                purposes of this paragraph, examples of resiliency-
                related technologies, upgrades, measures, and other 
                approaches include--
                            ``(i) hardening, or other enhanced 
                        protection, of utility poles, wiring, cabling, 
                        and other distribution components, facilities, 
                        or structures;
                            ``(ii) advanced grid technologies capable 
                        of isolating or repairing problems remotely, 
                        such as advanced metering infrastructure, high-
                        tech sensors, grid monitoring and control 
                        systems, and remote reconfiguration and 
                        redundancy systems;
                            ``(iii) cybersecurity products and 
                        components;
                            ``(iv) distributed generation, including 
                        back-up generation to power critical facilities 
                        and essential services, and related integration 
                        components, such as advanced inverter 
                        technology;
                            ``(v) microgrid systems, including hybrid 
                        microgrid systems for isolated communities;
                            ``(vi) combined heat and power;
                            ``(vii) waste heat resources;
                            ``(viii) non-grid-scale energy storage 
                        technologies;
                            ``(ix) wiring, cabling, and other 
                        distribution components, including submersible 
                        distribution components, and enclosures;
                            ``(x) electronically controlled reclosers 
                        and similar technologies for power restoration, 
                        including emergency mobile substations, as 
                        defined in section 1105 of the North American 
                        Energy Security and Infrastructure Act of 2016;
                            ``(xi) advanced energy analytics 
                        technology, such as Internet-based and cloud-
                        based computing solutions and subscription 
                        licensing models;
                            ``(xii) measures that enhance resilience 
                        through planning, preparation, response, and 
                        recovery activities;
                            ``(xiii) operational capabilities to 
                        enhance resilience through rapid response 
                        recovery; and
                            ``(xiv) measures to ensure availability of 
                        key critical components through contracts, 
                        cooperative agreements, stockpiling and 
                        prepositioning, or other measures.
                    ``(C) Rate recovery.--Each State regulatory 
                authority (with respect to each electric utility for 
                which it has ratemaking authority) shall consider 
                authorizing each such electric utility to recover any 
                capital, operating expenditure, or other costs of the 
                electric utility related to the procurement, 
                deployment, or use of resiliency-related technologies, 
                including a reasonable rate of return on the capital 
                expenditures of the electric utility for the 
                procurement, deployment, or use of resiliency-related 
                technologies.
            ``(21) Promoting investments in advanced energy analytics 
        technology.--
                    ``(A) In general.--Each electric utility shall 
                develop and implement a plan for deploying advanced 
                energy analytics technology.
                    ``(B) Rate recovery.--Each State regulatory 
                authority (with respect to each electric utility for 
                which it has ratemaking authority) shall consider 
                confirming and clarifying, if necessary, that each such 
                electric utility is authorized to recover the costs of 
                the electric utility relating to the procurement, 
                deployment, or use of advanced energy analytics 
                technology, including a reasonable rate of return on 
                all such costs incurred by the electric utility for the 
                procurement, deployment, or use of advanced energy 
                analytics technology, provided such technology is used 
                by the electric utility for purposes of realizing 
                operational efficiencies, cost savings, enhanced energy 
                management and customer engagement, improvements in 
                system reliability, safety, and cybersecurity, or other 
                benefits to ratepayers.
                    ``(C) Advanced energy analytics technology.--For 
                purposes of this paragraph, examples of advanced energy 
                analytics technology include Internet-based and cloud-
                based computing solutions and subscription licensing 
                models, including software as a service that uses 
                cyber-physical systems to allow the correlation of data 
                aggregated from appropriate data sources and smart grid 
                sensor networks, employs analytics and machine 
                learning, or employs other advanced computing solutions 
                and models.
            ``(22) Assuring electric reliability with reliable 
        generation.--
                    ``(A) Assurance of electric reliability.--Each 
                electric utility shall adopt or modify policies to 
                ensure that such electric utility incorporates reliable 
                generation into its integrated resource plan to assure 
                the availability of electric energy over a 10-year 
                planning period.
                    ``(B) Reliable generation.--For purposes of this 
                paragraph, `reliable generation' means electric 
                generation facilities with reliability attributes that 
                include--
                            ``(i)(I) possession of adequate fuel on-
                        site to enable operation for an extended period 
                        of time;
                            ``(II) the operational ability to generate 
                        electric energy from more than one source; or
                            ``(III) fuel certainty, through firm 
                        contractual obligations (which may not be 
                        required to be for a period longer than one 
                        year), that ensures adequate fuel supply to 
                        enable operation, for an extended period of 
                        time, for the duration of an emergency or 
                        severe weather conditions;
                            ``(ii) operational characteristics that 
                        enable the generation of electric energy for 
                        the duration of an emergency or severe weather 
                        conditions; and
                            ``(iii) unless procured through other 
                        procurement mechanisms, essential reliability 
                        services, including frequency support and 
                        regulation services.
            ``(23) Subsidization of customer-side technology.--
                    ``(A) Consideration.--To the extent that a State 
                regulatory authority may require or allow rates charged 
                by any electric utility for which it has ratemaking 
                authority to electric consumers that do not use a 
                customer-side technology to include any cost, fee, or 
                charge that directly or indirectly cross-subsidizes the 
                deployment, construction, maintenance, or operation of 
                that customer-side technology, such authority shall 
                evaluate whether subsidizing the deployment, 
                construction, maintenance, or operation of a customer-
                side technology would--
                            ``(i) result in benefits predominately 
                        enjoyed by only the users of that customer-side 
                        technology;
                            ``(ii) shift costs of a customer-side 
                        technology to electricity consumers that do not 
                        use that customer-side technology, particularly 
                        where disparate economic or resource conditions 
                        exist among the electricity consumers cross-
                        subsidizing the costumer-side technology;
                            ``(iii) negatively affect resource 
                        utilization, fuel diversity, or grid security;
                            ``(iv) provide any unfair competitive 
                        advantage to market the customer-side 
                        technology; and
                            ``(v) be necessary to fulfill an obligation 
                        to serve electric consumers.
                    ``(B) Public notice.--Each State regulatory 
                authority shall make available to the public the 
                evaluation completed under subparagraph (A) at least 90 
                days prior to any proceedings in which such authority 
                considers the cross-subsidization of a customer-side 
                technology.
                    ``(C) Customer-side technology.--For purposes of 
                this paragraph, the term `customer-side technology' 
                means a device connected to the electricity 
                distribution system--
                            ``(i) at, or on the customer side of, the 
                        meter; or
                            ``(ii) that, if owned or operated by or on 
                        behalf of an electric utility, would otherwise 
                        be at, or on the customer side of, the 
                        meter.''.
            (2) Compliance.--
                    (A) Time limitations.--Section 112(b) of the Public 
                Utility Regulatory Policies Act of 1978 (16 U.S.C. 
                2622(b)) is amended by adding at the end the following:
            ``(7)(A) Not later than 1 year after the date of enactment 
        of this paragraph, each State regulatory authority (with 
        respect to each electric utility for which it has ratemaking 
        authority) and each nonregulated electric utility, as 
        applicable, shall commence the consideration referred to in 
        section 111, or set a hearing date for consideration, with 
        respect to the standards established by paragraphs (20), (22), 
        and (23) of section 111(d).
            ``(B) Not later than 2 years after the date of the 
        enactment of this paragraph, each State regulatory authority 
        (with respect to each electric utility for which it has 
        ratemaking authority) and each nonregulated electric utility, 
        as applicable, shall complete the consideration, and shall make 
        the determination, referred to in section 111 with respect to 
        each standard established by paragraphs (20), (22), and (23) of 
        section 111(d).
            ``(8)(A) Not later than 6 months after the date of 
        enactment of this paragraph, each State regulatory authority 
        (with respect to each electric utility for which it has 
        ratemaking authority) and each nonregulated electric utility 
        shall commence the consideration referred to in section 111, or 
        set a hearing date for consideration, with respect to the 
        standard established by paragraph (21) of section 111(d).
            ``(B) Not later than 1 year after the date of enactment of 
        this paragraph, each State regulatory authority (with respect 
        to each electric utility for which it has ratemaking authority) 
        and each nonregulated electric utility shall complete the 
        consideration, and shall make the determination, referred to in 
        section 111 with respect to the standard established by 
        paragraph (21) of section 111(d).''.
                    (B) Failure to comply.--Section 112(c) of the 
                Public Utility Regulatory Policies Act of 1978 (16 
                U.S.C. 2622(c)) is amended by adding the following at 
                the end: ``In the case of the standards established by 
                paragraphs (20) through (23) of section 111(d), the 
                reference contained in this subsection to the date of 
                enactment of this Act shall be deemed to be a reference 
                to the date of enactment of such paragraphs.''.
                    (C) Prior state actions.--Section 112 of the Public 
                Utility Regulatory Policies Act of 1978 (16 U.S.C. 
                2622) is amended by adding at the end the following new 
                subsection:
    ``(g) Prior State Actions.--Subsections (b) and (c) of this section 
shall not apply to a standard established by paragraph (20), (21), 
(22), or (23) of section 111(d) in the case of any electric utility in 
a State if--
            ``(1) before the date of enactment of this subsection, the 
        State has implemented for such utility the standard concerned 
        (or a comparable standard);
            ``(2) the State regulatory authority for such State or 
        relevant nonregulated electric utility has conducted a 
        proceeding to consider implementation of the standard concerned 
        (or a comparable standard) for such utility during the 3-year 
        period ending on the date of enactment of this subsection; or
            ``(3) the State legislature has voted on the implementation 
        of the standard concerned (or a comparable standard) for such 
        utility during the 3-year period ending on the date of 
        enactment of this subsection.''.
    (b) Coverage for Competitive Markets.--Section 102 of the Public 
Utility Regulatory Policies Act of 1978 (16 U.S.C. 2612) is amended by 
adding at the end the following:
    ``(d) Coverage for Competitive Markets.--The requirements of this 
title do not apply to the operations of an electric utility, or to 
proceedings respecting such operations, to the extent that such 
operations or proceedings, or any portion thereof, relate to the 
competitive sale of retail electric energy that is unbundled or 
separated from the regulated provision or sale of distribution 
service.''.

SEC. 1108. RELIABILITY ANALYSIS FOR CERTAIN RULES THAT AFFECT ELECTRIC 
              GENERATING FACILITIES.

    (a) Applicability.--This section shall apply with respect to any 
proposed or final covered rule issued by a Federal agency for which 
compliance with the rule may impact an electric utility generating unit 
or units, including by resulting in closure or interruption to 
operations of such a unit or units.
    (b) Reliability Analysis.--
            (1) Analysis of rules.--The Federal Energy Regulatory 
        Commission, in consultation with the Electric Reliability 
        Organization, shall conduct an independent reliability analysis 
        of a proposed or final covered rule under this section to 
        evaluate the anticipated effects of implementation and 
        enforcement of the rule on--
                    (A) electric reliability and resource adequacy;
                    (B) the electricity generation portfolio of the 
                United States;
                    (C) the operation of wholesale electricity markets; 
                and
                    (D) energy delivery and infrastructure, including 
                electric transmission facilities and natural gas 
                pipelines.
            (2) Relevant information.--
                    (A) Materials from federal agencies.--A Federal 
                agency shall provide to the Commission materials and 
                information relevant to the analysis required under 
                paragraph (1) for a rule, including relevant data, 
                modeling, and resource adequacy and reliability 
                assessments, prepared or relied upon by such agency in 
                developing the rule.
                    (B) Analyses from other entities.--The Electric 
                Reliability Organization, regional entities, regional 
                transmission organizations, independent system 
                operators, and other reliability coordinators and 
                planning authorities shall timely conduct analyses and 
                provide such information as may be reasonably requested 
                by the Commission.
            (3) Notice.--A Federal agency shall provide to the 
        Commission notice of the issuance of any proposed or final 
        covered rule not later than 15 days after the date of such 
        issuance.
    (c) Proposed Rules.--Not later than 150 days after the date of 
publication in the Federal Register of a proposed rule described in 
subsection (a), the Federal Energy Regulatory Commission shall make 
available to the public an analysis of the proposed rule conducted in 
accordance with subsection (b), and any relevant special assessment or 
seasonal or long-term reliability assessment completed by the Electric 
Reliability Organization.
    (d) Final Rules.--
            (1) Inclusion.--A final rule described in subsection (a) 
        shall include, if available at the time of issuance, a copy of 
        the analysis conducted pursuant to subsection (c) of the rule 
        as proposed.
            (2) Analysis.--Not later than 120 days after the date of 
        publication in the Federal Register of a final rule described 
        in subsection (a), the Federal Energy Regulatory Commission 
        shall make available to the public an analysis of the final 
        rule conducted in accordance with subsection (b), and any 
        relevant special assessment or seasonal or long-term 
        reliability assessment completed by the Electric Reliability 
        Organization.
    (e) Definitions.--In this section:
            (1) Electric reliability organization.--The term ``Electric 
        Reliability Organization'' has the meaning given to such term 
        in section 215(a) of the Federal Power Act (16 U.S.C. 824o(a)).
            (2) Federal agency.--The term ``Federal agency'' means an 
        agency, as that term is defined in section 551 of title 5, 
        United States Code.
            (3) Covered rule.--The term ``covered rule'' means a 
        proposed or final rule that is estimated by the Federal agency 
        issuing the rule, or the Director of the Office of Management 
        and Budget, to result in an annual effect on the economy of 
        $1,000,000,000 or more.

SEC. 1109. INCREASED ACCOUNTABILITY WITH RESPECT TO CARBON CAPTURE, 
              UTILIZATION, AND SEQUESTRATION PROJECTS.

    (a) DOE Evaluation.--
            (1) In general.--The Secretary of Energy (in this section 
        referred to as the ``Secretary'') shall, in accordance with 
        this section, annually conduct an evaluation, and make 
        recommendations, with respect to each project conducted by the 
        Secretary for research, development, demonstration, or 
        deployment of carbon capture, utilization, and sequestration 
        technologies (also known as carbon capture and storage and 
        utilization technologies).
            (2) Scope.--For purposes of this section, a project 
        includes any contract, lease, cooperative agreement, or other 
        similar transaction with a public agency or private 
        organization or person, entered into or performed, or any 
        payment made, by the Secretary for research, development, 
        demonstration, or deployment of carbon capture, utilization, 
        and sequestration technologies.
    (b) Requirements for Evaluation.--In conducting an evaluation of a 
project under this section, the Secretary shall--
            (1) examine if the project has made advancements toward 
        achieving any specific goal of the project with respect to a 
        carbon capture, utilization, and sequestration technology; and
            (2) evaluate and determine if the project has made 
        significant progress in advancing a carbon capture, 
        utilization, and sequestration technology.
    (c) Recommendations.--For each evaluation of a project conducted 
under this section, if the Secretary determines that--
            (1) significant progress in advancing a carbon capture, 
        utilization, and sequestration technology has been made, the 
        Secretary shall assess the funding of the project and make a 
        recommendation as to whether increased funding is necessary to 
        advance the project; or
            (2) significant progress in advancing a carbon capture, 
        utilization, and sequestration technology has not been made, 
        the Secretary shall--
                    (A) assess the funding of the project and make a 
                recommendation as to whether increased funding is 
                necessary to advance the project;
                    (B) assess and determine if the project has reached 
                its full potential; and
                    (C) make a recommendation as to whether the project 
                should continue.
    (d)  Reports.--
            (1) Report on evaluations and recommendations.--Not later 
        than 2 years after the date of enactment of this Act, and every 
        2 years thereafter, the Secretary shall--
                    (A) issue a report on the evaluations conducted and 
                recommendations made during the previous year pursuant 
                to this section; and
                    (B) make each such report available on the Internet 
                website of the Department of Energy.
            (2) Report.--Not later than 2 years after the date of 
        enactment of this Act, and every 3 years thereafter, the 
        Secretary shall submit to the Subcommittee on Energy and Power 
        of the Committee on Energy and Commerce and the Committee on 
        Science, Space, and Technology of the House of Representatives 
        and the Committee on Energy and Natural Resources and the 
        Committee on Commerce, Science, and Transportation of the 
        Senate a report on--
                    (A) the evaluations conducted and recommendations 
                made during the previous 3 years pursuant to this 
                section; and
                    (B) the progress of the Department of Energy in 
                advancing carbon capture, utilization, and 
                sequestration technologies, including progress in 
                achieving the Department of Energy's goal of having an 
                array of advanced carbon capture and sequestration 
                technologies ready by 2020 for large-scale 
                demonstration.

SEC. 1110. RELIABILITY AND PERFORMANCE ASSURANCE IN REGIONAL 
              TRANSMISSION ORGANIZATIONS.

    Part II of the Federal Power Act (16 U.S.C. 824 et seq.), as 
amended by section 1104, is further amended by adding after section 
215A the following new section:

``SEC. 215B. RELIABILITY AND PERFORMANCE ASSURANCE IN REGIONAL 
              TRANSMISSION ORGANIZATIONS.

    ``(a) Existing Capacity Markets.--
            ``(1) Analysis concerning capacity market design.--Not 
        later than 180 days after the date of enactment of this 
        section, each Regional Transmission Organization, and each 
        Independent System Operator, that operates a capacity market, 
        or a comparable market intended to ensure the procurement and 
        availability of sufficient future electric energy resources, 
        that is subject to the jurisdiction of the Commission, shall 
        provide to the Commission an analysis of how the structure of 
        such market meets the following criteria:
                    ``(A) The structure of such market utilizes 
                competitive market forces to the extent practicable in 
                procuring capacity resources.
                    ``(B) Consistent with subparagraph (A), the 
                structure of such market includes resource-neutral 
                performance criteria that ensure the procurement of 
                sufficient capacity from physical generation facilities 
                that have reliability attributes that include--
                            ``(i)(I) possession of adequate fuel on-
                        site to enable operation for an extended period 
                        of time;
                            ``(II) the operational ability to generate 
                        electric energy from more than one fuel source; 
                        or
                            ``(III) fuel certainty, through firm 
                        contractual obligations, that ensures adequate 
                        fuel supply to enable operation, for an 
                        extended period of time, for the duration of an 
                        emergency or severe weather conditions;
                            ``(ii) operational characteristics that 
                        enable the generation of electric energy for 
                        the duration of an emergency or severe weather 
                        conditions; and
                            ``(iii) unless procured through other 
                        markets or procurement mechanisms, essential 
                        reliability services, including frequency 
                        support and regulation services.
            ``(2) Commission evaluation and report.--Not later than 1 
        year after the date of enactment of this section, the 
        Commission shall make publicly available, and submit to the 
        Committee on Energy and Commerce in the House of 
        Representatives and the Committee on Energy and Natural 
        Resources in the Senate, a report containing--
                    ``(A) evaluation of whether the structure of each 
                market addressed in an analysis submitted pursuant to 
                paragraph (1) meets the criteria under such paragraph, 
                based on the analysis; and
                    ``(B) to the extent a market so addressed does not 
                meet such criteria, any recommendations with respect to 
                the procurement of sufficient capacity, as described in 
                paragraph (1)(B).
    ``(b) Commission Evaluation and Report for New Schedules.--
            ``(1) Inclusion of analysis in filing.--Except as provided 
        in subsection (a)(2), whenever a Regional Transmission 
        Organization or Independent System Operator files a new 
        schedule under section 205 to establish a market described in 
        subsection (a)(1), or that substantially modifies the capacity 
        market design of a market described in subsection (a)(1), the 
        Regional Transmission Organization or Independent System 
        Operator shall include in any such filing the analysis required 
        by subsection (a)(1).
            ``(2) Evaluation and report.--Not later than 180 days of 
        receiving an analysis under paragraph (1), the Commission shall 
        make publicly available, and submit to the Committee on Energy 
        and Commerce in the House of Representatives and the Committee 
        on Energy and Natural Resources in the Senate, a report 
        containing--
                    ``(A) an evaluation of whether the structure of the 
                market addressed in the analysis meets the criteria 
                under subsection (a)(1), based on the analysis; and
                    ``(B) to the extent the market does not meet such 
                criteria, any recommendations with respect to the 
                procurement of sufficient capacity, as described in 
                subsection (a)(1)(B).
    ``(c) Effect on Existing Approvals.--Nothing in this section shall 
be considered to--
            ``(1) require a modification of the Commission's approval 
        of the capacity market design approved pursuant to docket 
        numbers ER15-623-000, EL15-29-000, EL14-52-000, and ER14-2419-
        000; or
            ``(2) provide grounds for the Commission to grant rehearing 
        or otherwise modify orders issued in those dockets.''.

SEC. 1111. ETHANE STORAGE STUDY.

    (a) In General.--The Secretary of Energy and the Secretary of 
Commerce, in consultation with other relevant agencies and 
stakeholders, shall conduct a study on the feasibility of establishing 
an ethane storage and distribution hub in the United States.
    (b) Contents.--The study conducted under subsection (a) shall 
include--
            (1) an examination of--
                    (A) potential locations;
                    (B) economic feasibility;
                    (C) economic benefits;
                    (D) geological storage capacity capabilities;
                    (E) above ground storage capabilities;
                    (F) infrastructure needs; and
                    (G) other markets and trading hubs, particularly 
                related to ethane; and
            (2) identification of potential additional benefits to 
        energy security.
    (c) Publication of Results.--Not later than 2 years after the date 
of enactment of this Act, the Secretaries of Energy and Commerce shall 
publish the results of the study conducted under subsection (a) on the 
websites of the Departments of Energy and Commerce, respectively, and 
shall submit such results to the Committee on Energy and Commerce of 
the House of Representatives and the Committees on Energy and Natural 
Resources and Commerce, Science, and Transportation of the Senate.

SEC. 1112. STATEMENT OF POLICY ON GRID MODERNIZATION.

    It is the policy of the United States to promote and advance--
            (1) the modernization of the energy delivery infrastructure 
        of the United States, and bolster the reliability, 
        affordability, diversity, efficiency, security, and resiliency 
        of domestic energy supplies, through advanced grid 
        technologies;
            (2) the modernization of the electric grid to enable a 
        robust multi-directional power flow that leverages centralized 
        energy resources and distributed energy resources, enables 
        robust retail transactions, and facilitates the alignment of 
        business and regulatory models to achieve a grid that optimizes 
        the entire electric delivery system;
            (3) relevant research and development in advanced grid 
        technologies, including--
                    (A) energy storage;
                    (B) predictive tools and requisite real-time data 
                to enable the dynamic optimization of grid operations;
                    (C) power electronics, including smart inverters, 
                that ease the challenge of intermittent renewable 
                resources and distributed generation;
                    (D) real-time data and situational awareness tools 
                and systems; and
                    (E) tools to increase data security, physical 
                security, and cybersecurity awareness and protection;
            (4) the leadership of the United States in basic and 
        applied sciences to develop a systems approach to innovation 
        and development of cyber-secure advanced grid technologies, 
        architectures, and control paradigms capable of managing 
        diverse supplies and loads;
            (5) the safeguarding of the critical energy delivery 
        infrastructure of the United States and the enhanced resilience 
        of the infrastructure to all hazards, including--
                    (A) severe weather events;
                    (B) cyber and physical threats; and
                    (C) other factors that affect energy delivery;
            (6) the coordination of goals, investments to optimize the 
        grid, and other measures for energy efficiency, advanced grid 
        technologies, interoperability, and demand response-side 
        management resources;
            (7) partnerships with States and the private sector--
                    (A) to facilitate advanced grid capabilities and 
                strategies; and
                    (B) to provide technical assistance, tools, or 
                other related information necessary to enhance grid 
                integration, particularly in connection with the 
                development at the State and local levels of strategic 
                energy, energy surety and assurance, and emergency 
                preparedness, response, and restoration planning;
            (8) the deployment of information and communications 
        technologies at all levels of the electric system;
            (9) opportunities to provide consumers with timely 
        information and advanced control options;
            (10) sophisticated or advanced control options to integrate 
        distributed energy resources and associated ancillary services;
            (11) open-source communications, database architectures, 
        and common information model standards, guidelines, and 
        protocols that enable interoperability to maximize efficiency 
        gains and associated benefits among--
                    (A) the grid;
                    (B) energy and building management systems; and
                    (C) residential, commercial, and industrial 
                equipment;
            (12) private sector investment in the energy delivery 
        infrastructure of the United States through targeted 
        demonstration and validation of advanced grid technologies; and
            (13) establishment of common valuation methods and tools 
        for cost-benefit analysis of grid integration paradigms.

SEC. 1113. GRID RESILIENCE REPORT.

    Not later than 120 days after the date of enactment of this Act, 
the Secretary of Energy shall submit to the Congress a report on 
methods to increase electric grid resilience with respect to all 
threats, including cyber attacks, vandalism, terrorism, and severe 
weather.

SEC. 1114. GAO REPORT ON IMPROVING NATIONAL RESPONSE CENTER.

    The Comptroller General of the United States shall conduct a study 
of ways in which the capabilities of the National Response Center could 
be improved.

SEC. 1115. DESIGNATION OF NATIONAL ENERGY SECURITY CORRIDORS ON FEDERAL 
              LANDS.

    (a) In General.--Section 28 of the Mineral Leasing Act (30 U.S.C. 
185) is amended as follows:
            (1) In subsection (b)--
                    (A) by striking ``(b)(1) For the purposes of this 
                section `Federal lands' means'' and inserting the 
                following:
    ``(b)(1) For the purposes of this section `Federal lands'--
            ``(A) except as provided in subparagraph (B), means'';
                    (B) by striking the period at the end of paragraph 
                (1) and inserting ``; and'' and by adding at the end of 
                paragraph (1) the following:
            ``(B) for purposes of granting an application for a natural 
        gas pipeline right-of-way, means all lands owned by the United 
        States except--
                    ``(i) such lands held in trust for an Indian or 
                Indian tribe; and
                    ``(ii) lands on the Outer Continental Shelf.''.
            (2) By redesignating subsection (b), as so amended, as 
        subsection (z), and transferring such subsection to appear 
        after subsection (y) of that section.
            (3) By inserting after subsection (a) the following:
    ``(b) National Energy Security Corridors.--
            ``(1) Designation.--In addition to other authorities under 
        this section, the Secretary shall--
                    ``(A) identify and designate suitable Federal lands 
                as National Energy Security Corridors (in this 
                subsection referred to as a `Corridor'), which shall be 
                used for construction, operation, and maintenance of 
                natural gas transmission facilities; and
                    ``(B) incorporate such Corridors upon designation 
                into the relevant agency land use and resource 
                management plans or equivalent plans.
            ``(2) Considerations.--In evaluating Federal lands for 
        designation as a National Energy Security Corridor, the 
        Secretary shall--
                    ``(A) employ the principle of multiple use to 
                ensure route decisions balance national energy security 
                needs with existing land use principles;
                    ``(B) seek input from other Federal counterparts, 
                State, local, and tribal governments, and affected 
                utility and pipeline industries to determine the best 
                suitable, most cost-effective, and commercially viable 
                acreage for natural gas transmission facilities;
                    ``(C) focus on transmission routes that improve 
                domestic energy security through increasing 
                reliability, relieving congestion, reducing natural gas 
                prices, and meeting growing demand for natural gas; and
                    ``(D) take into account technological innovations 
                that reduce the need for surface disturbance.
            ``(3) Procedures.--The Secretary shall establish procedures 
        to expedite and approve applications for rights-of-way for 
        natural gas pipelines across National Energy Security 
        Corridors, that--
                    ``(A) ensure a transparent process for review of 
                applications for rights-of-way on such corridors;
                    ``(B) require an approval time of not more than 1 
                year after the date of receipt of an application for a 
                right-of-way; and
                    ``(C) require, upon receipt of such an application, 
                notice to the applicant of a predictable timeline for 
                consideration of the application, that clearly 
                delineates important milestones in the process of such 
                consideration.
            ``(4) State input.--
                    ``(A) Requests authorized.--The Governor of a State 
                may submit requests to the Secretary of the Interior to 
                designate Corridors on Federal land in that State.
                    ``(B) Consideration of requests.--After receiving 
                such a request, the Secretary shall respond in writing, 
                within 30 days--
                            ``(i) acknowledging receipt of the request; 
                        and
                            ``(ii) setting forth a timeline in which 
                        the Secretary shall grant, deny, or modify such 
                        request and state the reasons for doing so.
            ``(5) Spatial distribution of corridors.--In implementing 
        this subsection, the Secretary shall coordinate with other 
        Federal Departments to--
                    ``(A) minimize the proliferation of duplicative 
                natural gas pipeline rights-of-way on Federal lands 
                where feasible;
                    ``(B) ensure Corridors can connect effectively 
                across Federal lands; and
                    ``(C) utilize input from utility and pipeline 
                industries submitting applications for rights-of-way to 
                site corridors in economically feasible areas that 
                reduce impacts, to the extent practicable, on local 
                communities.
            ``(6) Not a major federal action.--Designation of a 
        Corridor under this subsection, and incorporation of Corridors 
        into agency plans under paragraph (1)(B), shall not be treated 
        as a major Federal action for purpose of section 102 of the 
        National Environmental Policy Act of 1969 (42 U.S.C. 4332).
            ``(7) No limit on number or length of corridors.--Nothing 
        in this subsection limits the number or physical dimensions of 
        Corridors that the Secretary may designate under this 
        subsection.
            ``(8) Other authority not affected.--Nothing in this 
        subsection affects the authority of the Secretary to issue 
        rights-of-way on Federal land that is not located in a Corridor 
        designated under this subsection.
            ``(9) NEPA clarification.--All applications for rights-of-
        way for natural gas transmission facilities across Corridors 
        designated under this subsection shall be subject to the 
        environmental protections outlined in subsection (h).''.
    (b) Applications Received Before Designation of Corridors.--Any 
application for a right-of-way under section 28 of the Mineral Leasing 
Act (30 U.S.C. 185) that is received by the Secretary of the Interior 
before designation of National Energy Security Corridors under the 
amendment made by subsection (a) of this section shall be reviewed and 
acted upon independently by the Secretary without regard to the process 
for such designation.
    (c) Deadline.--Within 2 years after the date of the enactment of 
this Act, the Secretary of the Interior shall designate at least 10 
National Energy Security Corridors under the amendment made by 
subsection (a) in States referred to in section 368(b) of the Energy 
Policy Act of 2005 (42 U.S.C. 15926(b)).

SEC. 1116. VEGETATION MANAGEMENT, FACILITY INSPECTION, AND OPERATION 
              AND MAINTENANCE ON FEDERAL LANDS CONTAINING ELECTRIC 
              TRANSMISSION AND DISTRIBUTION FACILITIES.

    (a) In General.--Title V of the Federal Land Policy and Management 
Act of 1976 (43 U.S.C. 1761 et seq.) is amended by adding at the end 
the following new section:

``SEC. 512. VEGETATION MANAGEMENT, FACILITY INSPECTION, AND OPERATION 
              AND MAINTENANCE RELATING TO ELECTRIC TRANSMISSION AND 
              DISTRIBUTION FACILITY RIGHTS-OF-WAY.

    ``(a) General Direction.--In order to enhance the reliability of 
the electric grid and reduce the threat of wildfires to and from 
electric transmission and distribution rights-of-way and related 
facilities and adjacent property, the Secretary, with respect to public 
lands and other lands under the jurisdiction of the Secretary, and the 
Secretary of Agriculture, with respect to National Forest System lands, 
shall provide direction to ensure that all existing and future rights-
of-way, however established (including by grant, special use 
authorization, and easement), for electric transmission and 
distribution facilities on such lands include provisions for utility 
vegetation management, facility inspection, and operation and 
maintenance activities that, while consistent with applicable law--
            ``(1) are developed in consultation with the holder of the 
        right-of-way;
            ``(2) enable the owner or operator of an electric 
        transmission and distribution facility to operate and maintain 
        the facility in good working order and to comply with Federal, 
        State, and local electric system reliability and fire safety 
        requirements, including reliability standards established by 
        the North American Electric Reliability Corporation and plans 
        to meet such reliability standards;
            ``(3) minimize the need for case-by-case or annual 
        approvals for--
                    ``(A) routine vegetation management, facility 
                inspection, and operation and maintenance activities 
                within existing electric transmission and distribution 
                rights-of-way; and
                    ``(B) utility vegetation management activities that 
                are necessary to control hazard trees within or 
                adjacent to electric transmission and distribution 
                rights-of-way; and
            ``(4) when review is required, provide for expedited review 
        and approval of utility vegetation management, facility 
        inspection, and operation and maintenance activities, 
        especially activities requiring prompt action to avoid an 
        adverse impact on human safety or electric reliability to avoid 
        fire hazards.
    ``(b) Vegetation Management, Facility Inspection, and Operation and 
Maintenance Plans.--
            ``(1) Development and submission.--Consistent with 
        subsection (a), the Secretary and the Secretary of Agriculture 
        shall provide owners and operators of electric transmission and 
        distribution facilities located on lands described in such 
        subsection with the option to develop and submit a vegetation 
        management, facility inspection, and operation and maintenance 
        plan, that at each owner or operator's discretion may cover 
        some or all of the owner or operator's electric transmission 
        and distribution rights-of-way on Federal lands, for approval 
        to the Secretary with jurisdiction over the lands. A plan under 
        this paragraph shall enable the owner or operator of an 
        electric transmission and distribution facility, at a minimum, 
        to comply with applicable Federal, State, and local electric 
        system reliability and fire safety requirements, as provided in 
        subsection (a)(2). The Secretaries shall not have the authority 
        to modify those requirements.
            ``(2) Review and approval process.--The Secretary and the 
        Secretary of Agriculture shall jointly develop a consolidated 
        and coordinated process for review and approval of--
                    ``(A) vegetation management, facility inspection, 
                and operation and maintenance plans submitted under 
                paragraph (1) that--
                            ``(i) assures prompt review and approval 
                        not to exceed 90 days;
                            ``(ii) includes timelines and benchmarks 
                        for agency comments on submitted plans and 
                        final approval of such plans;
                            ``(iii) is consistent with applicable law; 
                        and
                            ``(iv) minimizes the costs of the process 
                        to the reviewing agency and the entity 
                        submitting the plans; and
                    ``(B) amendments to the plans in a prompt manner if 
                changed conditions necessitate a modification to a 
                plan.
            ``(3) Notification.--The review and approval process under 
        paragraph (2) shall--
                    ``(A) include notification by the agency of any 
                changed conditions that warrant a modification to a 
                plan;
                    ``(B) provide an opportunity for the owner or 
                operator to submit a proposed plan amendment to address 
                directly the changed condition; and
                    ``(C) allow the owner or operator to continue to 
                implement those elements of the approved plan that do 
                not directly and adversely affect the condition 
                precipitating the need for modification.
            ``(4) Categorical exclusion process.--The Secretary and the 
        Secretary of Agriculture shall apply his or her categorical 
        exclusion process under the National Environmental Policy Act 
        of 1969 (42 U.S.C. 4321 et seq.) to plans developed under this 
        subsection on existing electric transmission and distribution 
        rights-of-way under this subsection.
            ``(5) Implementation.--A plan approved under this 
        subsection shall become part of the authorization governing the 
        covered right-of-way and hazard trees adjacent to the right-of-
        way. If a vegetation management plan is proposed for an 
        existing electric transmission and distribution facility 
        concurrent with the siting of a new electric transmission or 
        distribution facility, necessary reviews shall be completed as 
        part of the siting process or sooner. Once the plan is 
        approved, the owner or operator shall provide the agency with 
        only a notification of activities anticipated to be undertaken 
        in the coming year, a description of those activities, and 
        certification that the activities are in accordance with the 
        plan.
    ``(c) Response to Emergency Conditions.--If vegetation on Federal 
lands within, or hazard trees on Federal lands adjacent to, an electric 
transmission or distribution right-of-way granted by the Secretary or 
the Secretary of Agriculture has contacted or is in imminent danger of 
contacting one or more electric transmission or distribution lines, the 
owner or operator of the electric transmission or distribution lines--
            ``(1) may prune or remove the vegetation to avoid the 
        disruption of electric service and risk of fire; and
            ``(2) shall notify the appropriate local agent of the 
        relevant Secretary not later than 24 hours after such removal.
    ``(d) Compliance With Applicable Reliability and Safety 
Standards.--If vegetation on Federal lands within or adjacent to an 
electric transmission or distribution right-of-way under the 
jurisdiction of each Secretary does not meet clearance requirements 
under standards established by the North American Electric Reliability 
Corporation, or by State and local authorities, and the Secretary 
having jurisdiction over the lands has failed to act to allow an 
electric transmission or distribution facility owner or operator to 
conduct vegetation management activities within 3 business days after 
receiving a request to allow such activities, the owner or operator 
may, after notifying the Secretary, conduct such vegetation management 
activities to meet those clearance requirements.
    ``(e) Reporting Requirement.--The Secretary or Secretary of 
Agriculture shall report requests and actions made under subsections 
(c) and (d) annually on each Secretary's website.
    ``(f) Liability.--An owner or operator of an electric transmission 
or distribution facility shall not be held liable for wildfire damage, 
loss, or injury, including the cost of fire suppression, if--
            ``(1) the Secretary or the Secretary of Agriculture fails 
        to allow the owner or operator to operate consistently with an 
        approved vegetation management, facility inspection, and 
        operation and maintenance plan on Federal lands under the 
        relevant Secretary's jurisdiction within or adjacent to a 
        right-of-way to comply with Federal, State, or local electric 
        system reliability and fire safety standards, including 
        standards established by the North American Electric 
        Reliability Corporation; or
            ``(2) the Secretary or the Secretary of Agriculture fails 
        to allow the owner or operator of the electric transmission or 
        distribution facility to perform appropriate vegetation 
        management activities in response to an identified hazard tree, 
        or a tree in imminent danger of contacting the owner's or 
        operator's electric transmission or distribution facility.
    ``(g) Training and Guidance.--In consultation with the electric 
utility industry, the Secretary and the Secretary of Agriculture are 
encouraged to develop a program to train personnel of the Department of 
the Interior and the Forest Service involved in vegetation management 
decisions relating to electric transmission and distribution facilities 
to ensure that such personnel--
            ``(1) understand electric system reliability and fire 
        safety requirements, including reliability standards 
        established by the North American Electric Reliability 
        Corporation;
            ``(2) assist owners and operators of electric transmission 
        and distribution facilities to comply with applicable electric 
        reliability and fire safety requirements; and
            ``(3) encourage and assist willing owners and operators of 
        electric transmission and distribution facilities to 
        incorporate on a voluntary basis vegetation management 
        practices to enhance habitats and forage for pollinators and 
        for other wildlife so long as the practices are compatible with 
        the integrated vegetation management practices necessary for 
        reliability and safety.
    ``(h) Implementation.--The Secretary and the Secretary of 
Agriculture shall--
            ``(1) not later than one year after the date of the 
        enactment of this section, propose regulations, or amended 
        existing regulations, to implement this section; and
            ``(2) not later than two years after the date of the 
        enactment of this section, finalize regulations, or amended 
        existing regulations, to implement this section.
    ``(i) Existing Vegetation Management, Facility Inspection, and 
Operation and Maintenance Plans.--Nothing in this section requires an 
owner or operator to develop and submit a vegetation management, 
facility inspection, and operation and maintenance plan if one has 
already been approved by the Secretary or Secretary of Agriculture 
before the date of the enactment of this section.
    ``(j) Definitions.--In this section:
            ``(1) Hazard tree.--The term `hazard tree' means any tree 
        inside the right-of-way or located outside the right-of-way 
        that has been found by the either the owner or operator of an 
        electric transmission or distribution facility, or the 
        Secretary or the Secretary of Agriculture, to be likely to fail 
        and cause a high risk of injury, damage, or disruption within 
        10 feet of an electric power line or related structure if it 
        fell.
            ``(2) Owner or operator.--The terms `owner' and `operator' 
        include contractors or other agents engaged by the owner or 
        operator of an electric transmission and distribution facility.
            ``(3) Vegetation management, facility inspection, and 
        operation and maintenance plan.--The term `vegetation 
        management, facility inspection, and operation and maintenance 
        plan' means a plan that--
                    ``(A) is prepared by the owner or operator of one 
                or more electric transmission or distribution 
                facilities to cover one or more electric transmission 
                and distribution rights-of-way; and
                    ``(B) provides for the long-term, cost-effective, 
                efficient, and timely management of facilities and 
                vegetation within the width of the right-of-way and 
                adjacent Federal lands to enhance electric reliability, 
                promote public safety, and avoid fire hazards.''.
    (b) Clerical Amendment.--The table of sections for the Federal Land 
Policy and Management Act of 1976 (43 U.S.C. 1761 et seq.), is amended 
by inserting after the item relating to section 511 the following new 
item:

``Sec. 512. Vegetation management, facility inspection, and operation 
                            and maintenance relating to electric 
                            transmission and distribution facility 
                            rights-of-way.''.

            Subtitle B--Hydropower Regulatory Modernization

SEC. 1201. PROTECTION OF PRIVATE PROPERTY RIGHTS IN HYDROPOWER 
              LICENSING.

    (a) Licences.--Section 4(e) of the Federal Power Act (16 U.S.C. 
797(e)) is amended--
            (1) by striking ``and'' after ``recreational 
        opportunities,''; and
            (2) by inserting ``, and minimizing infringement on the 
        useful exercise and enjoyment of property rights held by 
        nonlicensees'' after ``aspects of environmental quality''.
    (b) Private Landownership.--Section 10 of the Federal Power Act (16 
U.S.C. 803) is amended--
            (1) in subsection (a)(1), by inserting ``, including 
        minimizing infringement on the useful exercise and enjoyment of 
        property rights held by nonlicensees'' after ``section 4(e)''; 
        and
            (2) by adding at the end the following:
    ``(k) Private Landownership.--In developing any recreational 
resource within the project boundary, the licensee shall consider 
private landownership as a means to encourage and facilitate--
            ``(1) private investment; and
            ``(2) increased tourism and recreational use.''.

SEC. 1202. EXTENSION OF TIME FOR FERC PROJECT INVOLVING W. KERR SCOTT 
              DAM.

    (a) In General.--Notwithstanding the time period specified in 
section 13 of the Federal Power Act (16 U.S.C. 806) that would 
otherwise apply to the Federal Energy Regulatory Commission project 
numbered 12642, the Commission may, at the request of the licensee for 
the project, and after reasonable notice, in accordance with the good 
faith, due diligence, and public interest requirements of that section 
and the Commission's procedures under that section, extend the time 
period during which the licensee is required to commence the 
construction of the project for up to 3 consecutive 2-year periods from 
the date of the expiration of the extension originally issued by the 
Commission.
    (b) Reinstatement of Expired License.--If the period required for 
commencement of construction of the project described in subsection (a) 
has expired prior to the date of the enactment of this Act, the 
Commission may reinstate the license effective as of the date of its 
expiration and the first extension authorized under subsection (a) 
shall take effect on the date of such expiration.

SEC. 1203. HYDROPOWER LICENSING AND PROCESS IMPROVEMENTS.

    Part I of the Federal Power Act (16 U.S.C. 792 et seq.) is amended 
by adding at the end the following:

``SEC. 34. HYDROPOWER LICENSING AND PROCESS IMPROVEMENTS.

    ``(a) Definition.--In this section, the term `Federal 
authorization'--
            ``(1) means any authorization required under Federal law 
        with respect to an application for a license, license 
        amendment, or exemption under this part; and
            ``(2) includes any permits, special use authorizations, 
        certifications, opinions, or other approvals as may be required 
        under Federal law to approve or implement the license, license 
        amendment, or exemption under this part.
    ``(b) Designation as Lead Agency.--
            ``(1) In general.--The Commission shall act as the lead 
        agency for the purposes of coordinating all applicable Federal 
        authorizations and for the purposes of complying with the 
        National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
        seq.).
            ``(2) Other agencies and indian tribes.--
                    ``(A) In general.--Each Federal, State, and local 
                government agency and Indian tribe considering an 
                aspect of an application for Federal authorization 
                shall coordinate with the Commission and comply with 
                the deadline established in the schedule developed for 
                the project in accordance with the rule issued by the 
                Commission under subsection (c).
                    ``(B) Identification.--The Commission shall 
                identify, as early as practicable after it is notified 
                by the applicant of a project or facility requiring 
                Commission action under this part, any Federal or State 
                agency, local government, or Indian tribe that may 
                consider an aspect of an application for a Federal 
                authorization.
                    ``(C) Notification.--
                            ``(i) In general.--The Commission shall 
                        notify any agency and Indian tribe identified 
                        under subparagraph (B) of the opportunity to 
                        participate in the process of reviewing an 
                        aspect of an application for a Federal 
                        authorization.
                            ``(ii) Deadline.--Each agency and Indian 
                        tribe receiving a notice under clause (i) shall 
                        submit a response acknowledging receipt of the 
                        notice to the Commission within 30 days of 
                        receipt of such notice and request.
                    ``(D) Issue identification and resolution.--
                            ``(i) Identification of issues.--Federal, 
                        State, and local government agencies and Indian 
                        tribes that may consider an aspect of an 
                        application for Federal authorization shall 
                        identify, as early as possible, and share with 
                        the Commission and the applicant, any issues of 
                        concern identified during the pendency of the 
                        Commission's action under this part relating to 
                        any Federal authorization that may delay or 
                        prevent the granting of such authorization, 
                        including any issues that may prevent the 
                        agency or Indian tribe from meeting the 
                        schedule established for the project in 
                        accordance with the rule issued by the 
                        Commission under subsection (c).
                            ``(ii) Issue resolution.--The Commission 
                        may forward any issue of concern identified 
                        under clause (i) to the heads of the relevant 
                        State and Federal agencies (including, in the 
                        case of scheduling concerns identified by a 
                        State or local government agency or Indian 
                        tribe, the Federal agency overseeing the 
                        delegated authority, or the Secretary of the 
                        Interior with regard to scheduling concerns 
                        identified by an Indian tribe) for resolution. 
                        The Commission and any relevant agency shall 
                        enter into a memorandum of understanding to 
                        facilitate interagency coordination and 
                        resolution of such issues of concern, as 
                        appropriate.
    ``(c) Schedule.--
            ``(1) Commission rulemaking to establish process to set 
        schedule.--Within 180 days of the date of enactment of this 
        section the Commission shall, in consultation with the 
        appropriate Federal agencies, issue a rule, after providing for 
        notice and public comment, establishing a process for setting a 
        schedule following the filing of an application under this part 
        for the review and disposition of each Federal authorization.
            ``(2) Elements of scheduling rule.--In issuing a rule under 
        this subsection, the Commission shall ensure that the schedule 
        for each Federal authorization--
                    ``(A) includes deadlines for actions by--
                            ``(i) any Federal or State agency, local 
                        government, or Indian tribe that may consider 
                        an aspect of an application for the Federal 
                        authorization;
                            ``(ii) the applicant;
                            ``(iii) the Commission; and
                            ``(iv) other participants in a proceeding;
                    ``(B) is developed in consultation with the 
                applicant and any agency and Indian tribe that submits 
                a response under subsection (b)(2)(C)(ii);
                    ``(C) provides an opportunity for any Federal or 
                State agency, local government, or Indian tribe that 
                may consider an aspect of an application for the 
                applicable Federal authorization to identify and 
                resolve issues of concern, as provided in subsection 
                (b)(2)(D);
                    ``(D) complies with applicable schedules 
                established under Federal and State law;
                    ``(E) ensures expeditious completion of all 
                proceedings required under Federal and State law, to 
                the extent practicable; and
                    ``(F) facilitates completion of Federal and State 
                agency studies, reviews, and any other procedures 
                required prior to, or concurrent with, the preparation 
                of the Commission's environmental document required 
                under the National Environmental Policy Act of 1969 (42 
                U.S.C. 4321 et seq.).
    ``(d) Transmission of Final Schedule.--
            ``(1) In general.--For each application for a license, 
        license amendment, or exemption under this part, the Commission 
        shall establish a schedule in accordance with the rule issued 
        by the Commission under subsection (c). The Commission shall 
        publicly notice and transmit the final schedule to the 
        applicant and each agency and Indian tribe identified under 
        subsection (b)(2)(B).
            ``(2) Response.--Each agency and Indian tribe receiving a 
        schedule under this subsection shall acknowledge receipt of 
        such schedule in writing to the Commission within 30 days.
    ``(e) Adherence to Schedule.--All applicants, other licensing 
participants, and agencies and tribes considering an aspect of an 
application for a Federal authorization shall meet the deadlines set 
forth in the schedule established pursuant to subsection (d)(1).
    ``(f) Application Processing.--The Commission, Federal, State, and 
local government agencies, and Indian tribes may allow an applicant 
seeking a Federal authorization to fund a third-party contractor 
selected by such agency or tribe to assist in reviewing the 
application. All costs of an agency or tribe incurred pursuant to 
direct funding by the applicant, including all costs associated with 
the third party contractor, shall not be considered costs of the United 
States for the administration of this part under section 10(e).
    ``(g) Commission Recommendation on Scope of Environmental Review.--
For the purposes of coordinating Federal authorizations for each 
project, the Commission shall consult with and make a recommendation to 
agencies and Indian tribes receiving a schedule under subsection (d) on 
the scope of the environmental review for all Federal authorizations 
for such project. Each Federal and State agency and Indian tribe shall 
give due consideration and may give deference to the Commission's 
recommendations, to the extent appropriate under Federal law.
    ``(h) Failure To Meet Schedule.--A Federal, State, or local 
government agency or Indian tribe that anticipates that it will be 
unable to complete its disposition of a Federal authorization by the 
deadline set forth in the schedule established under subsection (d)(1) 
may file for an extension as provided under section 313(b)(2).
    ``(i) Consolidated Record.--The Commission shall, with the 
cooperation of Federal, State, and local government agencies and Indian 
tribes, maintain a complete consolidated record of all decisions made 
or actions taken by the Commission or by a Federal administrative 
agency or officer (or State or local government agency or officer or 
Indian tribe acting under delegated Federal authority) with respect to 
any Federal authorization. Such record shall constitute the record for 
judicial review under section 313(b).''.

SEC. 1204. JUDICIAL REVIEW OF DELAYED FEDERAL AUTHORIZATIONS.

    Section 313(b) of the Federal Power Act (16 U.S.C. 825l(b)) is 
amended--
            (1) by striking ``(b) Any party'' and inserting the 
        following:
    ``(b) Judicial Review.--
            ``(1) In general.--Any party''; and
            (2) by adding at the end the following:
            ``(2) Delay of a federal authorization.--Any Federal, 
        State, or local government agency or Indian tribe that will not 
        complete its disposition of a Federal authorization by the 
        deadline set forth in the schedule by the Commission under 
        section 34 may file for an extension in the United States court 
        of appeals for any circuit wherein the project or proposed 
        project is located, or in the United States Court of Appeals 
        for the District of Columbia. Such petition shall be filed not 
        later than 30 days prior to such deadline. The court shall only 
        grant an extension if the agency or tribe demonstrates, based 
        on the record maintained under section 34, that it otherwise 
        complied with the requirements of section 34 and that complying 
        with the schedule set by the Commission would have prevented 
        the agency or tribe from complying with applicable Federal or 
        State law. If the court grants the extension, the court shall 
        set a reasonable schedule and deadline, not to exceed 90 days, 
        for the agency to act on remand. If the court denies the 
        extension, or if an agency or tribe does not file for an 
        extension as provided in this subsection and does not complete 
        its disposition of a Federal authorization by the applicable 
        deadline, the Commission and applicant may move forward with 
        the proposed action.''.

SEC. 1205. LICENSING STUDY IMPROVEMENTS.

    Part I of the Federal Power Act (16 U.S.C. 792 et seq.), as amended 
by section 1203, is further amended by adding at the end the following:

``SEC. 35. LICENSING STUDY IMPROVEMENTS.

    ``(a) In General.--To facilitate the timely and efficient 
completion of the license proceedings under this part, the Commission 
shall, in consultation with applicable Federal and State agencies and 
interested members of the public--
            ``(1) compile current and accepted best practices in 
        performing studies required in such license proceedings, 
        including methodologies and the design of studies to assess the 
        full range of environmental impacts of a project that reflect 
        the most recent peer-reviewed science;
            ``(2) compile a comprehensive collection of studies and 
        data accessible to the public that could be used to inform 
        license proceedings under this part; and
            ``(3) encourage license applicants, agencies, and Indian 
        tribes to develop and use, for the purpose of fostering timely 
        and efficient consideration of license applications, a limited 
        number of open-source methodologies and tools applicable across 
        a wide array of projects, including water balance models and 
        streamflow analyses.
    ``(b) Use of Studies.--To the extent practicable, the Commission 
and other Federal, State, and local government agencies and Indian 
tribes considering an aspect of an application for Federal 
authorization shall use current, accepted science toward studies and 
data in support of their actions. Any participant in a proceeding with 
respect to a Federal authorization shall demonstrate a study requested 
by the party is not duplicative of current, existing studies that are 
applicable to the project.
    ``(c) Basin-Wide or Regional Review.--The Commission shall 
establish a program to develop comprehensive plans, at the request of 
project applicants, on a regional or basin-wide scale, in consultation 
with the applicants, appropriate Federal agencies, and affected States, 
local governments, and Indian tribes, in basins or regions with respect 
to which there are more than one project or application for a project. 
Upon such a request, the Commission, in consultation with the 
applicants, such Federal agencies, and affected States, local 
governments, and Indian tribes, may conduct or commission regional or 
basin-wide environmental studies, with the participation of at least 2 
applicants. Any study conducted under this subsection shall apply only 
to a project with respect to which the applicant participates.''.

SEC. 1206. CLOSED-LOOP PUMPED STORAGE PROJECTS.

    Part I of the Federal Power Act (16 U.S.C. 792 et seq.), as amended 
by section 1205, is further amended by adding at the end the following:

``SEC. 36. CLOSED-LOOP PUMPED STORAGE PROJECTS.

    ``(a) Definition.--For purposes of this section, a closed-loop 
pumped storage project is a project--
            ``(1) in which the upper and lower reservoirs do not 
        impound or directly withdraw water from navigable waters; or
            ``(2) that is not continuously connected to a naturally 
        flowing water feature.
    ``(b) In General.--As provided in this section, the Commission may 
issue and amend licenses and preliminary permits, as appropriate, for 
closed-loop pumped storage projects.
    ``(c) Dam Safety.--Before issuing any license for a closed-loop 
pumped storage project, the Commission shall assess the safety of 
existing dams and other structures related to the project (including 
possible consequences associated with failure of such structures).
    ``(d) License Conditions.--With respect to a closed-loop pumped 
storage project, the authority of the Commission to impose conditions 
on a license under sections 4(e), 10(a), 10(g), and 10(j) shall not 
apply, and any condition included in or applicable to a closed-loop 
pumped storage project licensed under this section, including any 
condition or other requirement of a Federal authorization, shall be 
limited to those that are--
            ``(1) necessary to protect public safety; or
            ``(2) reasonable, economically feasible, and essential to 
        prevent loss of or damage to, or to mitigate adverse effects 
        on, fish and wildlife resources directly caused by the 
        construction and operation of the project, as compared to the 
        environmental baseline existing at the time the Commission 
        completes its environmental review.
    ``(e) Transfers.--Notwithstanding section 5, and regardless of 
whether the holder of a preliminary permit for a closed-loop pumped 
storage project claimed municipal preference under section 7(a) when 
obtaining the permit, the Commission may, to facilitate development of 
a closed-loop pumped storage project--
            ``(1) add entities as joint permittees following issuance 
        of a preliminary permit; and
            ``(2) transfer a license in part to one or more 
        nonmunicipal entities as co-licensees with a municipality.''.

SEC. 1207. LICENSE AMENDMENT IMPROVEMENTS.

    Part I of the Federal Power Act (16 U.S.C. 792 et seq.), as amended 
by section 1206, is further amended by adding at the end the following:

``SEC. 37. LICENSE AMENDMENT IMPROVEMENTS.

    ``(a) Qualifying Project Upgrades.--
            ``(1) In general.--As provided in this section, the 
        Commission may approve an application for an amendment to a 
        license issued under this part for a qualifying project 
        upgrade.
            ``(2) Application.--A licensee filing an application for an 
        amendment to a project license under this section shall include 
        in such application information sufficient to demonstrate that 
        the proposed change to the project described in the application 
        is a qualifying project upgrade.
            ``(3) Initial determination.--Not later than 15 days after 
        receipt of an application under paragraph (2), the Commission 
        shall make an initial determination as to whether the proposed 
        change to the project described in the application for a 
        license amendment is a qualifying project upgrade. The 
        Commission shall publish its initial determination and issue 
        notice of the application filed under paragraph (2). Such 
        notice shall solicit public comment on the initial 
        determination within 45 days.
            ``(4) Public comment on qualifying criteria.--The 
        Commission shall accept public comment regarding whether a 
        proposed license amendment is for a qualifying project upgrade 
        for a period of 45 days beginning on the date of publication of 
        a public notice described in paragraph (3), and shall--
                    ``(A) if no entity contests whether the proposed 
                license amendment is for a qualifying project upgrade 
                during such comment period, immediately publish a 
                notice stating that the initial determination has not 
                been contested; or
                    ``(B) if an entity contests whether the proposed 
                license amendment is for a qualifying project upgrade 
                during the comment period, issue a written 
                determination in accordance with paragraph (5).
            ``(5) Written determination.--If an entity contests whether 
        the proposed license amendment is for a qualifying project 
        upgrade during the comment period under paragraph (4), the 
        Commission shall, not later than 30 days after the date of 
        publication of the public notice of the initial determination 
        under paragraph (3), issue a written determination as to 
        whether the proposed license amendment is for a qualifying 
        project upgrade.
            ``(6) Public comment on amendment application.--If no 
        entity contests whether the proposed license amendment is for a 
        qualifying project upgrade during the comment period under 
        paragraph (4) or the Commission issues a written determination 
        under paragraph (5) that a proposed license amendment is a 
        qualifying project upgrade, the Commission shall--
                    ``(A) during the 60-day period beginning on the 
                date of publication of a notice under paragraph (4)(A) 
                or the date on which the Commission issues the written 
                determination under paragraph (5), as applicable, 
                solicit comments from each Federal, State, and local 
                government agency and Indian tribe considering an 
                aspect of an application for Federal authorization (as 
                defined in section 34) with respect to the proposed 
                license amendment, as well as other interested 
                agencies, Indian tribes, and members of the public; and
                    ``(B) during the 90-day period beginning on the 
                date of publication of a notice under paragraph (4)(A) 
                or the date on which the Commission issues the written 
                determination under paragraph (5), as applicable, 
                consult with--
                            ``(i) appropriate Federal agencies and the 
                        State agency exercising administrative control 
                        over the fish and wildlife resources, and water 
                        quality and supply, of the State in which the 
                        qualifying project upgrade is located;
                            ``(ii) any Federal department supervising 
                        any public lands or reservations occupied by 
                        the qualifying project upgrade; and
                            ``(iii) any Indian tribe affected by the 
                        qualifying project upgrade.
            ``(7) Federal authorizations.--The schedule established by 
        the Commission under section 34 for any project upgrade under 
        this subsection shall require final disposition on all 
        necessary Federal authorizations (as defined in section 34), 
        other than final action by the Commission, by not later than 
        120 days after the date on which the Commission issues a notice 
        under paragraph (4)(A) or a written determination under 
        paragraph (5), as applicable.
            ``(8) Commission action.--Not later than 150 days after the 
        date on which the Commission issues a notice under paragraph 
        (4)(A) or a written determination under paragraph (5), as 
        applicable, the Commission shall take final action on the 
        license amendment application.
            ``(9) License amendment conditions.--Any condition included 
        in or applicable to a license amendment approved under this 
        subsection, including any condition or other requirement of a 
        Federal authorization, shall be limited to those that are--
                    ``(A) necessary to protect public safety; or
                    ``(B) reasonable, economically feasible, and 
                essential to prevent loss of or damage to, or to 
                mitigate adverse effects on, fish and wildlife 
                resources, water supply, and water quality that are 
                directly caused by the construction and operation of 
                the qualifying project upgrade, as compared to the 
                environmental baseline existing at the time the 
                Commission approves the application for the license 
                amendment.
            ``(10) Proposed license amendments that are not qualifying 
        project upgrades.--If the Commission determines under paragraph 
        (3) or (5) that a proposed license amendment is not for a 
        qualifying project upgrade, the procedures under paragraphs (6) 
        through (9) shall not apply to the application.
            ``(11) Rulemaking.--Not later than 180 days after the date 
        of enactment of this section, the Commission shall, after 
        notice and opportunity for public comment, issue a rule to 
        implement this subsection.
            ``(12) Definitions.--For purposes of this subsection:
                    ``(A) Qualifying project upgrade.--The term 
                `qualifying project upgrade' means a change to a 
                project licensed under this part that meets the 
                qualifying criteria, as determined by the Commission.
                    ``(B) Qualifying criteria.--The term `qualifying 
                criteria' means, with respect to a project license 
                under this part, a change to the project that--
                            ``(i) if carried out, would be unlikely to 
                        adversely affect any species listed as 
                        threatened or endangered under the Endangered 
                        Species Act of 1973 or result in the 
                        destruction or adverse modification of critical 
                        habitat, as determined in consultation with the 
                        Secretary of the Interior or Secretary of 
                        Commerce, as appropriate, in accordance with 
                        section 7 of the Endangered Species Act of 
                        1973;
                            ``(ii) is consistent with any applicable 
                        comprehensive plan under section 10(a)(2);
                            ``(iii) includes only changes to project 
                        lands, waters, or operations that, in the 
                        judgment of the Commission, would result in 
                        only insignificant or minimal cumulative 
                        adverse environmental effects;
                            ``(iv) would be unlikely to adversely 
                        affect water quality and water supply; and
                            ``(v) proposes to implement--
                                    ``(I) capacity increases, 
                                efficiency improvements, or other 
                                enhancements to hydropower generation 
                                at the licensed project;
                                    ``(II) environmental protection, 
                                mitigation, or enhancement measures to 
                                benefit fish and wildlife resources or 
                                other natural and cultural resources; 
                                or
                                    ``(III) improvements to public 
                                recreation at the licensed project.
    ``(b) Amendment Approval Processes.--
            ``(1) Rule.--Not later than 1 year after the date of 
        enactment of this section, the Commission shall, after notice 
        and opportunity for public comment, issue a rule establishing 
        new standards and procedures for license amendment applications 
        under this part. In issuing such rule, the Commission shall 
        seek to develop the most efficient and expedient process, 
        consultation, and review requirements, commensurate with the 
        scope of different categories of proposed license amendments. 
        Such rule shall account for differences in environmental 
        effects across a wide range of categories of license amendment 
        applications.
            ``(2) Capacity.--In issuing a rule under this subsection, 
        the Commission shall take into consideration that a change in 
        generating or hydraulic capacity may indicate the potential 
        environmental effects of a proposed amendment but is not 
        determinative of such effects.
            ``(3) Process options.--In issuing a rule under this 
        subsection, the Commission shall take into consideration the 
        range of process options available under the Commission's 
        regulations for new and original license applications and adapt 
        such options to amendment applications, where appropriate.''.

SEC. 1208. PROMOTING HYDROPOWER DEVELOPMENT AT EXISTING NONPOWERED 
              DAMS.

    Part I of the Federal Power Act (16 U.S.C. 792 et seq.), as amended 
by section 1207, is further amended by adding at the end the following:

``SEC. 38. PROMOTING HYDROPOWER DEVELOPMENT AT EXISTING NONPOWERED 
              DAMS.

    ``(a) Exemptions for Qualifying Facilities.--
            ``(1) Exemption qualifications.--Subject to the 
        requirements of this subsection, the Commission may grant an 
        exemption in whole or in part from the requirements of this 
        part, including any license requirements contained in this 
        part, to any facility the Commission determines is a qualifying 
        facility.
            ``(2) Consultation with federal and state agencies.--In 
        granting any exemption under this subsection, the Commission 
        shall consult with--
                    ``(A) the United States Fish and Wildlife Service, 
                the National Marine Fisheries Service, and the State 
                agency exercising administrative control over the fish 
                and wildlife resources of the State in which the 
                facility will be located, in the manner provided by the 
                Fish and Wildlife Coordination Act;
                    ``(B) any Federal department supervising any public 
                lands or reservations occupied by the project; and
                    ``(C) any Indian tribe affected by the project.
            ``(3) Exemption conditions.--
                    ``(A) In general.--The Commission shall include in 
                any exemption granted under this subsection only such 
                terms and conditions that the Commission determines 
                are--
                            ``(i) necessary to protect public safety; 
                        or
                            ``(ii) reasonable, economically feasible, 
                        and essential to prevent loss of or damage to, 
                        or to mitigate adverse effects on, fish and 
                        wildlife resources directly caused by the 
                        construction and operation of the qualifying 
                        facility, as compared to the environmental 
                        baseline existing at the time the Commission 
                        grants the exemption.
                    ``(B) No changes to release regime.--No Federal 
                authorization required with respect to a qualifying 
                facility described in paragraph (1), including an 
                exemption granted by the Commission under this 
                subsection, may include any condition or other 
                requirement that results in any material change to the 
                storage, control, withdrawal, diversion, release, or 
                flow operations of the associated qualifying nonpowered 
                dam.
            ``(4) Environmental review.--The Commission's environmental 
        review under the National Environmental Policy Act of 1969 of a 
        proposed exemption under this subsection shall consist only of 
        an environmental assessment, unless the Commission determines, 
        by rule or order, that the Commission's obligations under such 
        Act for granting exemptions under this subsection can be met 
        through a categorical exclusion.
            ``(5) Violation of terms of exemption.--Any violation of a 
        term or condition of any exemption granted under this 
        subsection shall be treated as a violation of a rule or order 
        of the Commission under this Act.
            ``(6) Annual charges for enhancement activities.--Exemptees 
        under this subsection for any facility located at a non-Federal 
        dam shall pay to the United States reasonable annual charges in 
        an amount to be fixed by the Commission for the purpose of 
        funding environmental enhancement projects in watersheds in 
        which facilities exempted under this subsection are located. 
        Such annual charges shall be equivalent to the annual charges 
        for use of a Government dam under section 10(e), unless the 
        Commission determines, by rule, that a lower charge is 
        appropriate to protect exemptees' investment in the project or 
        avoid increasing the price to consumers of power due to such 
        charges. The proceeds of charges made by the Commission under 
        this paragraph shall be paid into the Treasury of the United 
        States and credited to miscellaneous receipts. Subject to 
        annual appropriation Acts, such proceeds shall be available to 
        Federal and State fish and wildlife agencies for purposes of 
        carrying out specific environmental enhancement projects in 
        watersheds in which one or more facilities exempted under this 
        subsection are located. Not later than 180 days after the date 
        of enactment of this section, the Commission shall establish 
        rules, after notice and opportunity for public comment, for the 
        collection and administration of annual charges under this 
        paragraph.
            ``(7) Effect of jurisdiction.--The jurisdiction of the 
        Commission over any qualifying facility exempted under this 
        subsection shall extend only to the qualifying facility 
        exempted and any associated primary transmission line, and 
        shall not extend to any conduit, dam, impoundment, shoreline or 
        other land, or any other project work associated with the 
        qualifying facility exempted under this subsection.
    ``(b) Definitions.--For purposes of this section--
            ``(1) Federal authorization.--The term `Federal 
        authorization' has the same meaning as provided in section 34.
            ``(2) Qualifying criteria.--The term `qualifying criteria' 
        means, with respect to a facility--
                    ``(A) as of the date of enactment of this section, 
                the facility is not licensed under, or exempted from 
                the license requirements contained in, this part;
                    ``(B) the facility will be associated with a 
                qualifying nonpowered dam;
                    ``(C) the facility will be constructed, operated, 
                and maintained for the generation of electric power;
                    ``(D) the facility will use for such generation any 
                withdrawals, diversions, releases, or flows from the 
                associated qualifying nonpowered dam, including its 
                associated impoundment or other infrastructure; and
                    ``(E) the operation of the facility will not result 
                in any material change to the storage, control, 
                withdrawal, diversion, release, or flow operations of 
                the associated qualifying nonpowered dam.
            ``(3) Qualifying facility.--The term `qualifying facility' 
        means a facility that is determined under this section to meet 
        the qualifying criteria.
            ``(4) Qualifying nonpowered dam.--The term `qualifying 
        nonpowered dam' means any dam, dike, embankment, or other 
        barrier--
                    ``(A) the construction of which was completed on or 
                before the date of enactment of this section;
                    ``(B) that is operated for the control, release, or 
                distribution of water for agricultural, municipal, 
                navigational, industrial, commercial, environmental, 
                recreational, aesthetic, or flood control purposes;
                    ``(C) that, as of the date of enactment of this 
                section, is not equipped with hydropower generating 
                works that are licensed under, or exempted from the 
                license requirements contained in, this part; and
                    ``(D) that, in the case of a non-Federal dam, has 
                been certified by an independent consultant approved by 
                the Commission as complying with the Commission's dam 
                safety requirements.''.

                TITLE II--ENERGY SECURITY AND DIPLOMACY

SEC. 2001. SENSE OF CONGRESS.

    Congress finds the following:
            (1) North America's energy revolution has significantly 
        enhanced energy security in the United States, and 
        fundamentally changed the Nation's energy future from that of 
        scarcity to abundance.
            (2) North America's energy abundance has increased global 
        energy supplies and reduced the price of energy for consumers 
        in the United States and abroad.
            (3) Allies and trading partners of the United States, 
        including in Europe and Asia, are seeking stable and affordable 
        energy supplies from North America to enhance their energy 
        security.
            (4) The United States has an opportunity to improve its 
        energy security and promote greater stability and affordability 
        of energy supplies for its allies and trading partners through 
        a more integrated, secure, and competitive North American 
        energy system.
            (5) The United States also has an opportunity to promote 
        such objectives by supporting the free flow of energy 
        commodities and more open, transparent, and competitive global 
        energy markets, and through greater Federal agency coordination 
        relating to regulations or agency actions that significantly 
        affect the supply, distribution, or use of energy.

SEC. 2002. ENERGY SECURITY VALUATION.

    (a) Establishment of Energy Security Valuation Methods.--Not later 
than 1 year after the date of enactment of this Act, the Secretary of 
Energy, in collaboration with the Secretary of State, shall develop and 
transmit, after public notice and comment, to the Committee on Energy 
and Commerce, the Committee on Science, Space, and Technology, and the 
Committee on Foreign Affairs of the House of Representatives and the 
Committee on Energy and Natural Resources, the Committee on Commerce, 
Science, and Transportation, and the Committee on Foreign Relations of 
the Senate a report that develops recommended United States energy 
security valuation methods. In developing the report, the Secretaries 
may consider the recommendations of the Administration's Quadrennial 
Energy Review released on April 21, 2015. The report shall--
            (1) evaluate and define United States energy security to 
        reflect modern domestic and global energy markets and the 
        collective needs of the United States and its allies and 
        partners;
            (2) identify transparent and uniform or coordinated 
        procedures and criteria to ensure that energy-related actions 
        that significantly affect the supply, distribution, 
        transportation, or use of energy are evaluated with respect to 
        their potential impact on energy security, including their 
        impact on--
                    (A) consumers and the economy;
                    (B) energy supply diversity and resiliency;
                    (C) well-functioning and competitive energy 
                markets;
                    (D) United States trade balance; and
                    (E) national security objectives; and
            (3) include a recommended implementation strategy that 
        identifies and aims to ensure that the procedures and criteria 
        referred to in paragraph (2) are--
                    (A) evaluated consistently across the Federal 
                Government; and
                    (B) weighed appropriately and balanced with 
                environmental considerations required by Federal law.
    (b) Participation.--In developing the report referred to in 
subsection (a), the Secretaries may consult with relevant Federal, 
State, private sector, and international participants, as appropriate 
and consistent with applicable law.

SEC. 2003. NORTH AMERICAN ENERGY SECURITY PLAN.

    (a) Requirement.--Not later than 1 year after the date of enactment 
of this Act, the Secretary of Energy, in collaboration with the 
Secretary of State, shall develop and transmit to the Committee on 
Energy and Commerce and the Committee on Foreign Affairs of the House 
of Representatives and the Committee on Energy and Natural Resources 
and the Committee on Foreign Relations of the Senate the plan described 
in subsection (b).
    (b) Purpose.--The plan referred to in subsection (a) shall 
include--
            (1) a recommended framework and implementation strategy 
        to--
                    (A) improve planning and coordination with Canada 
                and Mexico to enhance energy integration, strengthen 
                North American energy security, and promote 
                efficiencies in the exploration, production, storage, 
                supply, distribution, marketing, pricing, and 
                regulation of North American energy resources; and
                    (B) address--
                            (i) North American energy public data, 
                        statistics, and mapping collaboration;
                            (ii) responsible and sustainable best 
                        practices for the development of unconventional 
                        oil and natural gas; and
                            (iii) modern, resilient energy 
                        infrastructure for North America, including 
                        physical infrastructure as well as 
                        institutional infrastructure such as policies, 
                        regulations, and practices relating to energy 
                        development; and
            (2) a recommended framework and implementation strategy to 
        improve collaboration with Caribbean and Central American 
        partners on energy security, including actions to support--
                    (A) more open, transparent, and competitive energy 
                markets;
                    (B) regulatory capacity building;
                    (C) improvements to energy transmission and 
                storage; and
                    (D) improvements to the performance of energy 
                infrastructure and efficiency.
    (c) Participation.--In developing the plan referred to in 
subsection (a), the Secretaries may consult with other Federal, State, 
private sector, and international participants, as appropriate and 
consistent with applicable law.

SEC. 2004. COLLECTIVE ENERGY SECURITY.

    (a) In General.--The Secretary of Energy and the Secretary of State 
shall collaborate to strengthen domestic energy security and the energy 
security of the allies and trading partners of the United States, 
including through actions that support or facilitate--
            (1) energy diplomacy;
            (2) the delivery of United States assistance, including 
        energy resources and technologies, to prevent or mitigate an 
        energy security crisis;
            (3) the development of environmentally and commercially 
        sustainable energy resources;
            (4) open, transparent, and competitive energy markets; and
            (5) regulatory capacity building.
    (b) Energy Security Forums.--Not later than 1 year after the date 
of enactment of this Act, the Secretary of Energy, in collaboration 
with the Secretary of State, shall convene not less than 2 forums to 
promote the collective energy security of the United States and its 
allies and trading partners. The forums shall include participation by 
the Secretary of Energy and the Secretary of State. In addition, an 
invitation shall be extended to--
            (1) appropriate representatives of foreign governments that 
        are allies or trading partners of the United States; and
            (2) independent experts and industry representatives.
    (c) Requirements.--The forums shall--
            (1) consist of at least 1 Trans-Atlantic and 1 Trans-
        Pacific energy security forum;
            (2) be designed to foster dialogue among government 
        officials, independent experts, and industry representatives 
        regarding--
                    (A) the current state of global energy markets;
                    (B) trade and investment issues relevant to energy; 
                and
                    (C) barriers to more open, competitive, and 
                transparent energy markets; and
            (3) be recorded and made publicly available on the 
        Department of Energy's website, including, not later than 30 
        days after each forum, publication on the website any 
        significant outcomes.
    (d) Notification.--At least 30 days before each of the forums 
referred to in subsection (b), the Secretary of Energy shall send a 
notification regarding the forum to--
            (1) the chair and the ranking minority member of the 
        Committee on Energy and Commerce and the Committee on Foreign 
        Affairs of the House of Representatives; and
            (2) the chair and ranking minority member of the Committee 
        on Energy and Natural Resources and the Committee on Foreign 
        Relations of the Senate.

SEC. 2005. AUTHORIZATION TO EXPORT NATURAL GAS.

    (a) Decision Deadline.--For proposals that must also obtain 
authorization from the Federal Energy Regulatory Commission or the 
United States Maritime Administration to site, construct, expand, or 
operate LNG export facilities, the Department of Energy shall issue a 
final decision on any application for the authorization to export 
natural gas under section 3 of the Natural Gas Act (15 U.S.C. 717b) not 
later than 30 days after the later of--
            (1) the conclusion of the review to site, construct, 
        expand, or operate the LNG facilities required by the National 
        Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); or
            (2) the date of enactment of this Act.
    (b) Conclusion of Review.--For purposes of subsection (a), review 
required by the National Environmental Policy Act of 1969 shall be 
considered concluded--
            (1) for a project requiring an Environmental Impact 
        Statement, 30 days after publication of a Final Environmental 
        Impact Statement;
            (2) for a project for which an Environmental Assessment has 
        been prepared, 30 days after publication by the Department of 
        Energy of a Finding of No Significant Impact; and
            (3) upon a determination by the lead agency that an 
        application is eligible for a categorical exclusion pursuant to 
        National Environmental Policy Act of 1969 implementing 
        regulations.
    (c) Public Disclosure of Export Destinations.--Section 3 of the 
Natural Gas Act (15 U.S.C. 717b) is amended by adding at the end the 
following:
    ``(g) Public Disclosure of LNG Export Destinations.--As a condition 
for approval of any authorization to export LNG, the Secretary of 
Energy shall require the applicant to publicly disclose the specific 
destination or destinations of any such authorized LNG exports.''.

SEC. 2006. ENVIRONMENTAL REVIEW FOR ENERGY EXPORT FACILITIES.

    Notwithstanding any other provision of law, including any other 
provision of this Act and any amendment made by this Act, to the extent 
that the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
seq.) applies to the issuance of a permit for the construction, 
operation, or maintenance of a facility for the export of bulk 
commodities, no such permit may be denied until each applicable Federal 
agency has completed all reviews required for the facility under such 
Act.

SEC. 2007. AUTHORIZATION OF CROSS-BORDER INFRASTRUCTURE PROJECTS.

    (a) Finding.--Congress finds that the United States should 
establish a more uniform, transparent, and modern process for the 
construction, connection, operation, and maintenance of pipelines and 
electric transmission facilities for the import and export of liquid 
products, including water and petroleum, and natural gas and the 
transmission of electricity to and from Canada and Mexico.
    (b) Authorization of Certain Infrastructure Projects at the 
National Boundary of the United States.--
            (1) Requirement.--No person may construct, connect, 
        operate, or maintain a cross-border segment of a pipeline or 
        electric transmission facility for the import or export of 
        liquid products or natural gas, or the transmission of 
        electricity, to or from Canada or Mexico without obtaining a 
        certificate of crossing for such construction, connection, 
        operation, or maintenance under this subsection.
            (2) Certificate of crossing.--
                    (A) Issuance.--
                            (i) In general.--Not later than 120 days 
                        after final action is taken under the National 
                        Environmental Policy Act of 1969 (42 U.S.C. 
                        4321 et seq.) with respect to a cross-border 
                        segment described in paragraph (1), the 
                        relevant official identified under subparagraph 
                        (B), in consultation with appropriate Federal 
                        agencies, shall issue a certificate of crossing 
                        for the cross-border segment unless the 
                        relevant official finds that the construction, 
                        connection, operation, or maintenance of the 
                        cross-border segment is not in the public 
                        interest of the United States.
                            (ii) Natural gas.--For the purposes of 
                        natural gas pipelines, a finding with respect 
                        to the public interest under section 3(a) of 
                        the Natural Gas Act (15 U.S.C. 717b(a)) shall 
                        serve as a finding under clause (i) of this 
                        subparagraph.
                    (B) Relevant official.--The relevant official 
                referred to in subparagraph (A) is--
                            (i) the Secretary of State with respect to 
                        liquid pipelines;
                            (ii) the Federal Energy Regulatory 
                        Commission with respect to natural gas 
                        pipelines; and
                            (iii) the Secretary of Energy with respect 
                        to electric transmission facilities.
                    (C) Additional requirement for electric 
                transmission facilities.--The Secretary of Energy shall 
                require, as a condition of issuing a certificate of 
                crossing for an electric transmission facility, that 
                the cross-border segment be constructed, connected, 
                operated, or maintained consistent with all applicable 
                policies and standards of--
                            (i) the Electric Reliability Organization 
                        and the applicable regional entity; and
                            (ii) any Regional Transmission Organization 
                        or Independent System Operator with operational 
                        or functional control over the cross-border 
                        segment of the electric transmission facility.
            (3) Modifications to existing projects.--No certificate of 
        crossing shall be required under this subsection for a change 
        in ownership, volume expansion, downstream or upstream 
        interconnection, or adjustment to maintain flow (such as a 
        reduction or increase in the number of pump or compressor 
        stations) with respect to a liquid or natural gas pipeline or 
        electric transmission facility unless such modification would 
        result in a significant impact at the national boundary.
            (4) Effect of other laws.--Nothing in this subsection shall 
        affect the application of any other Federal statute (including 
        the Natural Gas Act and the Energy Policy and Conservation Act) 
        to a project for which a certificate of crossing is sought 
        under this subsection.
    (c) Importation or Exportation of Natural Gas to Canada and 
Mexico.--Section 3(c) of the Natural Gas Act (15 U.S.C. 717b(c)) is 
amended by adding at the end the following: ``In the case of an 
application for the importation or exportation of natural gas to or 
from Canada or Mexico, the Commission shall grant the application not 
later than 30 days after the date of receipt of the complete 
application.''.
    (d) Transmission of Electric Energy to Canada and Mexico.--
            (1) Repeal of requirement to secure order.--Section 202(e) 
        of the Federal Power Act (16 U.S.C. 824a(e)) is repealed.
            (2) Conforming amendments.--
                    (A) State regulations.--Section 202(f) of the 
                Federal Power Act (16 U.S.C. 824a(f)) is amended by 
                striking ``insofar as such State regulation does not 
                conflict with the exercise of the Commission's powers 
                under or relating to subsection 202(e)''.
                    (B) Seasonal diversity electricity exchange.--
                Section 602(b) of the Public Utility Regulatory 
                Policies Act of 1978 (16 U.S.C. 824a-4(b)) is amended 
                by striking ``the Commission has conducted hearings and 
                made the findings required under section 202(e) of the 
                Federal Power Act'' and all that follows through the 
                period at the end and inserting ``the Secretary has 
                conducted hearings and finds that the proposed 
                transmission facilities would not impair the 
                sufficiency of electric supply within the United States 
                or would not impede or tend to impede the coordination 
                in the public interest of facilities subject to the 
                jurisdiction of the Secretary''.
    (e) Effective Date; Rulemaking Deadlines.--
            (1) Effective date.--Subsections (b) through (d), and the 
        amendments made by such subsections, shall take effect on 
        January 20, 2017.
            (2) Rulemaking deadlines.--Each relevant official described 
        in subsection (b)(2)(B) shall--
                    (A) not later than 180 days after the date of 
                enactment of this Act, publish in the Federal Register 
                notice of a proposed rulemaking to carry out the 
                applicable requirements of subsection (b); and
                    (B) not later than 1 year after the date of 
                enactment of this Act, publish in the Federal Register 
                a final rule to carry out the applicable requirements 
                of subsection (b).
    (f) Definitions.--In this section--
            (1) the term ``cross-border segment'' means the portion of 
        a liquid or natural gas pipeline or electric transmission 
        facility that is located at the national boundary of the United 
        States with either Canada or Mexico;
            (2) the terms ``Electric Reliability Organization'' and 
        ``regional entity'' have the meanings given those terms in 
        section 215 of the Federal Power Act (16 U.S.C. 824o);
            (3) the terms ``Independent System Operator'' and 
        ``Regional Transmission Organization'' have the meanings given 
        those terms in section 3 of the Federal Power Act (16 U.S.C. 
        796);
            (4) the term ``liquid'' includes water, petroleum, 
        petroleum product, and any other substance that flows through a 
        pipeline other than natural gas; and
            (5) the term ``natural gas'' has the meaning given that 
        term in section 2 of the Natural Gas Act (15 U.S.C. 717a).

SEC. 2008. REPORT ON SMART METER SECURITY CONCERNS.

    Not later than 1 year after the date of enactment of this Act, the 
Secretary of Energy shall transmit to Congress a report on the 
weaknesses in currently available smart meters' security architecture 
and features, including an absence of event logging, as described in 
the Government Accountability Office testimony entitled ``Critical 
Infrastructure Protection: Cybersecurity of the Nation's Electricity 
Grid Requires Continued Attention'' on October 21, 2015.

            TITLE III--ENERGY EFFICIENCY AND ACCOUNTABILITY

                     Subtitle A--Energy Efficiency

              CHAPTER 1--FEDERAL AGENCY ENERGY EFFICIENCY

SEC. 3111. ENERGY-EFFICIENT AND ENERGY-SAVING INFORMATION TECHNOLOGIES.

    (a) Amendment.--Subtitle C of title V of the Energy Independence 
and Security Act of 2007 (Public Law 110-140; 121 Stat. 1661) is 
amended by adding at the end the following:

``SEC. 530. ENERGY-EFFICIENT AND ENERGY-SAVING INFORMATION 
              TECHNOLOGIES.

    ``(a) Definitions.--In this section:
            ``(1) Director.--The term `Director' means the Director of 
        the Office of Management and Budget.
            ``(2) Information technology.--The term `information 
        technology' has the meaning given that term in section 11101 of 
        title 40, United States Code.
    ``(b) Development of Implementation Strategy.--Not later than 1 
year after the date of enactment of this section, each Federal agency 
shall coordinate with the Director, the Secretary, and the 
Administrator of the Environmental Protection Agency to develop an 
implementation strategy (that includes best practices and measurement 
and verification techniques) for the maintenance, purchase, and use by 
the Federal agency of energy-efficient and energy-saving information 
technologies, taking into consideration the performance goals 
established under subsection (d).
    ``(c) Administration.--In developing an implementation strategy 
under subsection (b), each Federal agency shall consider--
            ``(1) advanced metering infrastructure;
            ``(2) energy-efficient data center strategies and methods 
        of increasing asset and infrastructure utilization;
            ``(3) advanced power management tools;
            ``(4) building information modeling, including building 
        energy management;
            ``(5) secure telework and travel substitution tools; and
            ``(6) mechanisms to ensure that the agency realizes the 
        energy cost savings brought about through increased efficiency 
        and utilization.
    ``(d) Performance Goals.--
            ``(1) In general.--Not later than 180 days after the date 
        of enactment of this section, the Director, in consultation 
        with the Secretary, shall establish performance goals for 
        evaluating the efforts of Federal agencies in improving the 
        maintenance, purchase, and use of energy-efficient and energy-
        saving information technology.
            ``(2) Best practices.--The Chief Information Officers 
        Council established under section 3603 of title 44, United 
        States Code, shall recommend best practices for the attainment 
        of the performance goals, which shall include Federal agency 
        consideration of, to the extent applicable by law, the use of--
                    ``(A) energy savings performance contracting; and
                    ``(B) utility energy services contracting.
    ``(e) Reports.--
            ``(1) Agency reports.--Each Federal agency shall include in 
        the report of the agency under section 527 a description of the 
        efforts and results of the agency under this section.
            ``(2) OMB government efficiency reports and scorecards.--
        Effective beginning not later than October 1, 2017, the 
        Director shall include in the annual report and scorecard of 
        the Director required under section 528 a description of the 
        efforts and results of Federal agencies under this section.''.
    (b) Conforming Amendment.--The table of contents for the Energy 
Independence and Security Act of 2007 is amended by adding after the 
item relating to section 529 the following:

``Sec. 530. Energy-efficient and energy-saving information 
                            technologies.''.

SEC. 3112. ENERGY EFFICIENT DATA CENTERS.

    Section 453 of the Energy Independence and Security Act of 2007 (42 
U.S.C. 17112) is amended--
            (1) in subsection (b)(2)(D)(iv), by striking ``determined 
        by the organization'' and inserting ``proposed by the 
        stakeholders'';
            (2) by striking subsection (b)(3); and
            (3) by striking subsections (c) through (g) and inserting 
        the following:
    ``(c) Stakeholder Involvement.--The Secretary and the Administrator 
shall carry out subsection (b) in collaboration with the information 
technology industry and other key stakeholders, with the goal of 
producing results that accurately reflect the most relevant and useful 
information available. In such collaboration, the Secretary and the 
Administrator shall pay particular attention to organizations that--
            ``(1) have members with expertise in energy efficiency and 
        in the development, operation, and functionality of data 
        centers, information technology equipment, and software, such 
        as representatives of hardware manufacturers, data center 
        operators, and facility managers;
            ``(2) obtain and address input from Department of Energy 
        National Laboratories or any college, university, research 
        institution, industry association, company, or public interest 
        group with applicable expertise;
            ``(3) follow--
                    ``(A) commonly accepted procedures for the 
                development of specifications; and
                    ``(B) accredited standards development processes; 
                and
            ``(4) have a mission to promote energy efficiency for data 
        centers and information technology.
    ``(d) Measurements and Specifications.--The Secretary and the 
Administrator shall consider and assess the adequacy of the 
specifications, measurements, best practices, and benchmarks described 
in subsection (b) for use by the Federal Energy Management Program, the 
Energy Star Program, and other efficiency programs of the Department of 
Energy or the Environmental Protection Agency.
    ``(e) Study.--The Secretary, in collaboration with the 
Administrator, shall, not later than 18 months after the date of 
enactment of the North American Energy Security and Infrastructure Act 
of 2016, make available to the public an update to the Report to 
Congress on Server and Data Center Energy Efficiency published on 
August 2, 2007, under section 1 of Public Law 109-431 (120 Stat. 2920), 
that provides--
            ``(1) a comparison and gap analysis of the estimates and 
        projections contained in the original report with new data 
        regarding the period from 2008 through 2015;
            ``(2) an analysis considering the impact of information 
        technologies, including virtualization and cloud computing, in 
        the public and private sectors;
            ``(3) an evaluation of the impact of the combination of 
        cloud platforms, mobile devices, social media, and big data on 
        data center energy usage;
            ``(4) an evaluation of water usage in data centers and 
        recommendations for reductions in such water usage; and
            ``(5) updated projections and recommendations for best 
        practices through fiscal year 2020.
    ``(f) Data Center Energy Practitioner Program.--The Secretary, in 
collaboration with key stakeholders and the Director of the Office of 
Management and Budget, shall maintain a data center energy practitioner 
program that leads to the certification of energy practitioners 
qualified to evaluate the energy usage and efficiency opportunities in 
Federal data centers. Each Federal agency shall consider having the 
data centers of the agency evaluated every 4 years, in accordance with 
section 543(f) of the National Energy Conservation Policy Act (42 
U.S.C. 8253), by energy practitioners certified pursuant to such 
program.
    ``(g) Open Data Initiative.--The Secretary, in collaboration with 
key stakeholders and the Director of the Office of Management and 
Budget, shall establish an open data initiative for Federal data center 
energy usage data, with the purpose of making such data available and 
accessible in a manner that encourages further data center innovation, 
optimization, and consolidation. In establishing the initiative, the 
Secretary shall consider the use of the online Data Center Maturity 
Model.
    ``(h) International Specifications and Metrics.--The Secretary, in 
collaboration with key stakeholders, shall actively participate in 
efforts to harmonize global specifications and metrics for data center 
energy and water efficiency.
    ``(i) Data Center Utilization Metric.--The Secretary, in 
collaboration with key stakeholders, shall facilitate the development 
of an efficiency metric that measures the energy efficiency of a data 
center (including equipment and facilities).
    ``(j) Protection of Proprietary Information.--The Secretary and the 
Administrator shall not disclose any proprietary information or trade 
secrets provided by any individual or company for the purposes of 
carrying out this section or the programs and initiatives established 
under this section.''.

SEC. 3113. REPORT ON ENERGY AND WATER SAVINGS POTENTIAL FROM THERMAL 
              INSULATION.

    (a) Report.--Not later than 1 year after the date of enactment of 
this Act, the Secretary of Energy, in consultation with appropriate 
Federal agencies and relevant stakeholders, shall submit to the 
Committee on Energy and Natural Resources of the Senate and the 
Committee on Energy and Commerce of the House of Representatives a 
report on the impact of thermal insulation on both energy and water use 
systems for potable hot and chilled water in Federal buildings, and the 
return on investment of installing such insulation.
    (b) Contents.--The report shall include--
            (1) an analysis based on the cost of municipal or regional 
        water for delivered water and the avoided cost of new water; 
        and
            (2) a summary of energy and water savings, including short-
        term and long-term (20 years) projections of such savings.

SEC. 3114. BATTERY STORAGE REPORT.

    Not later than 1 year after the date of enactment of this Act, the 
Comptroller General shall transmit to Congress a report on the 
potential of battery energy storage that answers the following 
questions:
            (1) How do existing Federal standards impact the 
        development and deployment of battery storage systems?
            (2) What are the benefits of using existing battery storage 
        technology, and what challenges exist to their widespread use? 
        What are some examples of existing battery storage projects 
        providing these benefits?
            (3) What potential impact could large-scale battery storage 
        and behind-the-meter battery storage have on renewable energy 
        utilization?
            (4) What is the potential of battery technology for grid-
        scale use nationwide? What is the potential impact of battery 
        technology on the national grid capabilities?
            (5) How much economic activity associated with large-scale 
        and behind-the-meter battery storage technology is located in 
        the United States? How many jobs do these industries account 
        for?
            (6) What policies other than the Renewable Energy 
        Investment Tax Credit have research and available data shown to 
        promote renewable energy use and storage technology deployment 
        by State and local governments or private end-users?

SEC. 3115. FEDERAL PURCHASE REQUIREMENT.

    (a) Definitions.--Section 203(b) of the Energy Policy Act of 2005 
(42 U.S.C. 15852(b)) is amended by striking paragraph (2) and inserting 
the following:
            ``(2) Renewable energy.--The term `renewable energy' means 
        electric energy, or thermal energy if resulting from a thermal 
        energy project placed in service after December 31, 2014, 
        generated from, or avoided by, solar, wind, biomass, landfill 
        gas, ocean (including tidal, wave, current, and thermal), 
        geothermal, municipal solid waste (in accordance with 
        subsection (e)), qualified waste heat resource, or new 
        hydroelectric generation capacity achieved from increased 
        efficiency or additions of new capacity at an existing 
        hydroelectric project.
            ``(3) Qualified waste heat resource.--The term `qualified 
        waste heat resource' means--
                    ``(A) exhaust heat or flared gas from any 
                industrial process;
                    ``(B) waste gas or industrial tail gas that would 
                otherwise be flared, incinerated, or vented;
                    ``(C) a pressure drop in any gas for an industrial 
                or commercial process; or
                    ``(D) such other forms of waste heat as the 
                Secretary determines appropriate.''.
    (b) Paper Recycling.--Section 203 of the Energy Policy Act of 2005 
(42 U.S.C. 15852) is amended by adding at the end the following:
    ``(e) Paper Recycling.--
            ``(1) Separate collection.--For purposes of this section, 
        any Federal agency may consider electric energy generation 
        purchased from a facility to be renewable energy if the 
        municipal solid waste used by the facility to generate the 
        electricity is--
                    ``(A) separately collected (within the meaning of 
                section 246.101(z) of title 40, Code of Federal 
                Regulations, as in effect on the date of enactment of 
                the North American Energy Security and Infrastructure 
                Act of 2016) from paper that is commonly recycled; and
                    ``(B) processed in a way that keeps paper that is 
                commonly recycled segregated from non-recyclable solid 
                waste.
            ``(2) Incidental inclusion.--Municipal solid waste used to 
        generate electric energy that meets the conditions described in 
        paragraph (1) shall be considered renewable energy even if the 
        municipal solid waste contains incidental commonly recycled 
        paper.
            ``(3) No effect on existing processes.--Nothing in 
        paragraph (1) shall be interpreted to require a State or 
        political subdivision of a State, directly or indirectly, to 
        change the systems, processes, or equipment it uses to collect, 
        treat, dispose of, or otherwise use municipal solid waste, 
        within the meaning of the Solid Waste Disposal Act (42 U.S.C. 
        6901 et seq.), nor require a change to the regulations that 
        implement subtitle D of such Act (42 U.S.C. 6941 et seq.).''.

SEC. 3116. ENERGY PERFORMANCE REQUIREMENT FOR FEDERAL BUILDINGS.

    Section 543 of the National Energy Conservation Policy Act (42 
U.S.C. 8253) is amended--
            (1) by striking subsection (a) and inserting the following:
    ``(a) Energy Performance Requirement for Federal Buildings.--
            ``(1) Requirement.--Subject to paragraph (2), each agency 
        shall apply energy conservation measures to, and shall improve 
        the design for the construction of, the Federal buildings of 
        the agency (including each industrial or laboratory facility) 
        so that the energy consumption per gross square foot of the 
        Federal buildings of the agency in fiscal years 2006 through 
        2017 is reduced, as compared with the energy consumption per 
        gross square foot of the Federal buildings of the agency in 
        fiscal year 2003, by the percentage specified in the following 
        table:

                                                             Percentage
``Fiscal Year                                                 Reduction
        2006...............................................          2 
        2007...............................................          4 
        2008...............................................          9 
        2009...............................................         12 
        2010...............................................         15 
        2011...............................................         18 
        2012...............................................         21 
        2013...............................................         24 
        2014...............................................         27 
        2015...............................................         30 
        2016...............................................         33 
        2017...............................................         36.
            ``(2) Exclusion for buildings with energy intensive 
        activities.--
                    ``(A) In general.--An agency may exclude from the 
                requirements of paragraph (1) any building (including 
                the associated energy consumption and gross square 
                footage) in which energy intensive activities are 
                carried out.
                    ``(B) Reports.--Each agency shall identify and list 
                in each report made under section 548(a) the buildings 
                designated by the agency for exclusion under 
                subparagraph (A).
            ``(3) Review.--Not later than December 31, 2017, the 
        Secretary shall--
                    ``(A) review the results of the implementation of 
                the energy performance requirements established under 
                paragraph (1); and
                    ``(B) based on the review conducted under 
                subparagraph (A), submit to Congress a report that 
                addresses the feasibility of requiring each agency to 
                apply energy conservation measures to, and improve the 
                design for the construction of, the Federal buildings 
                of the agency (including each industrial or laboratory 
                facility) so that the energy consumption per gross 
                square foot of the Federal buildings of the agency in 
                each of fiscal years 2018 through 2030 is reduced, as 
                compared with the energy consumption per gross square 
                foot of the Federal buildings of the agency in the 
                prior fiscal year, by 3 percent.''; and
            (2) in subsection (f)--
                    (A) in paragraph (1)--
                            (i) by redesignating subparagraphs (E), 
                        (F), and (G) as subparagraphs (F), (G), and 
                        (H), respectively; and
                            (ii) by inserting after subparagraph (D) 
                        the following:
                    ``(E) Ongoing commissioning.--The term `ongoing 
                commissioning' means an ongoing process of 
                commissioning using monitored data, the primary goal of 
                which is to ensure continuous optimum performance of a 
                facility, in accordance with design or operating needs, 
                over the useful life of the facility, while meeting 
                facility occupancy requirements.'';
                    (B) in paragraph (2), by adding at the end the 
                following:
                    ``(C) Energy management system.--An energy manager 
                designated under subparagraph (A) shall consider use of 
                a system to manage energy use at the facility and 
                certification of the facility in accordance with the 
                International Organization for Standardization standard 
                numbered 50001 and entitled `Energy Management 
                Systems'.'';
                    (C) by striking paragraphs (3) and (4) and 
                inserting the following:
            ``(3) Energy and water evaluations and commissioning.--
                    ``(A) Evaluations.--Except as provided in 
                subparagraph (B), effective beginning on the date that 
                is 180 days after the date of enactment of the North 
                American Energy Security and Infrastructure Act of 
                2016, and annually thereafter, each energy manager 
                shall complete, for each calendar year, a comprehensive 
                energy and water evaluation and recommissioning or 
                retrocommissioning for approximately 25 percent of the 
                facilities of that energy manager's agency that meet 
                the criteria under paragraph (2)(B) in a manner that 
                ensures that an evaluation of each facility is 
                completed at least once every 4 years.
                    ``(B) Exceptions.--An evaluation and 
                recommissioning or recommissioning shall not be 
                required under subparagraph (A) with respect to a 
                facility that--
                            ``(i) has had a comprehensive energy and 
                        water evaluation during the 8-year period 
                        preceding the date of the evaluation;
                            ``(ii)(I) has been commissioned, 
                        recommissioned, or retrocommissioned during the 
                        10-year period preceding the date of the 
                        evaluation; or
                            ``(II) is under ongoing commissioning, 
                        recommissioning, or retrocommissioning;
                            ``(iii) has not had a major change in 
                        function or use since the previous evaluation 
                        and commissioning, recommissioning, or 
                        retrocommissioning;
                            ``(iv) has been benchmarked with public 
                        disclosure under paragraph (8) within the year 
                        preceding the evaluation; and
                            ``(v)(I) based on the benchmarking, has 
                        achieved at a facility level the most recent 
                        cumulative energy savings target under 
                        subsection (a) compared to the earlier of--
                                    ``(aa) the date of the most recent 
                                evaluation; or
                                    ``(bb) the date--
                                            ``(AA) of the most recent 
                                        commissioning, recommissioning, 
                                        or retrocommissioning; or
                                            ``(BB) on which ongoing 
                                        commissioning, recommissioning, 
                                        or retrocommissioning began; or
                            ``(II) has a long-term contract in place 
                        guaranteeing energy savings at least as great 
                        as the energy savings target under subclause 
                        (I).
            ``(4) Implementation of identified energy and water 
        efficiency measures.--
                    ``(A) In general.--Not later than 2 years after the 
                date of completion of each evaluation under paragraph 
                (3), each energy manager may--
                            ``(i) implement any energy- or water-saving 
                        measure that the Federal agency identified in 
                        the evaluation conducted under paragraph (3) 
                        that is life-cycle cost effective; and
                            ``(ii) bundle individual measures of 
                        varying paybacks together into combined 
                        projects.
                    ``(B) Measures not implemented.--Each energy 
                manager, as part of the certification system under 
                paragraph (7) and using guidelines developed by the 
                Secretary, shall provide an explanation regarding any 
                life-cycle cost-effective measures described in 
                subparagraph (A)(i) that have not been implemented.''; 
                and
                    (D) in paragraph (7)(C), by adding at the end the 
                following:
                            ``(iii) Summary report.--The Secretary 
                        shall make publicly available a report that 
                        summarizes the information tracked under 
                        subparagraph (B)(i) by each agency and, as 
                        applicable, by each type of measure.''.

SEC. 3117. FEDERAL BUILDING ENERGY EFFICIENCY PERFORMANCE STANDARDS; 
              CERTIFICATION SYSTEM AND LEVEL FOR FEDERAL BUILDINGS.

    (a) Definitions.--Section 303 of the Energy Conservation and 
Production Act (42 U.S.C. 6832) is amended--
            (1) in paragraph (6), by striking ``to be constructed'' and 
        inserting ``constructed or altered''; and
            (2) by adding at the end the following:
            ``(17) Major renovation.--The term `major renovation' means 
        a modification of building energy systems sufficiently 
        extensive that the whole building can meet energy standards for 
        new buildings, based on criteria to be established by the 
        Secretary through notice and comment rulemaking.''.
    (b) Federal Building Efficiency Standards.--Section 305 of the 
Energy Conservation and Production Act (42 U.S.C. 6834) is amended--
            (1) in subsection (a)(3)--
                    (A) by striking ``(3)(A) Not later than'' and all 
                that follows through the end of subparagraph (B) and 
                inserting the following:
            ``(3) Revised federal building energy efficiency 
        performance standards; certification for green buildings.--
                    ``(A) Revised federal building energy efficiency 
                performance standards.--
                            ``(i) In general.--Not later than 1 year 
                        after the date of enactment of the North 
                        American Energy Security and Infrastructure Act 
                        of 2016, the Secretary shall establish, by 
                        rule, revised Federal building energy 
                        efficiency performance standards that require 
                        that--
                                    ``(I) new Federal buildings and 
                                alterations and additions to existing 
                                Federal buildings--
                                            ``(aa) meet or exceed the 
                                        most recent revision of the 
                                        IECC (in the case of 
                                        residential buildings) or 
                                        ASHRAE Standard 90.1 (in the 
                                        case of commercial buildings) 
                                        as of the date of enactment of 
                                        the North American Energy 
                                        Security and Infrastructure Act 
                                        of 2016; and
                                            ``(bb) meet or exceed the 
                                        energy provisions of State and 
                                        local building codes applicable 
                                        to the building, if the codes 
                                        are more stringent than the 
                                        IECC or ASHRAE Standard 90.1, 
                                        as applicable;
                                    ``(II) unless demonstrated not to 
                                be life-cycle cost effective for new 
                                Federal buildings and Federal buildings 
                                with major renovations--
                                            ``(aa) the buildings be 
                                        designed to achieve energy 
                                        consumption levels that are at 
                                        least 30 percent below the 
                                        levels established in the 
                                        version of the ASHRAE Standard 
                                        or the IECC, as appropriate, 
                                        that is applied under subclause 
                                        (I)(aa), including updates 
                                        under subparagraph (B); and
                                            ``(bb) sustainable design 
                                        principles are applied to the 
                                        location, siting, design, and 
                                        construction of all new Federal 
                                        buildings and replacement 
                                        Federal buildings;
                                    ``(III) if water is used to achieve 
                                energy efficiency, water conservation 
                                technologies shall be applied to the 
                                extent that the technologies are life-
                                cycle cost effective; and
                                    ``(IV) if life-cycle cost 
                                effective, as compared to other 
                                reasonably available technologies, not 
                                less than 30 percent of the hot water 
                                demand for each new Federal building or 
                                Federal building undergoing a major 
                                renovation be met through the 
                                installation and use of solar hot water 
                                heaters.
                            ``(ii) Limitation.--Clause (i)(I) shall not 
                        apply to unaltered portions of existing Federal 
                        buildings and systems that have been added to 
                        or altered.
                    ``(B) Updates.--Not later than 1 year after the 
                date of approval of each subsequent revision of ASHRAE 
                Standard 90.1 or the IECC, as appropriate, the 
                Secretary shall determine whether the revised standards 
                established under subparagraph (A) should be updated to 
                reflect the revisions, based on the energy savings and 
                life-cycle cost effectiveness of the revisions.'';
                    (B) in subparagraph (C), by striking ``(C) In the 
                budget request'' and inserting the following:
                    ``(C) Budget request.--In the budget request''; and
                    (C) in subparagraph (D)--
                            (i) by striking ``(D) Not later than'' and 
                        all that follows through the end of the first 
                        sentence of clause (i)(III) and inserting the 
                        following:
                    ``(D) Certification for green buildings.--
                            ``(i) In general.--'';
                            (ii) by striking clause (ii);
                            (iii) in clause (iii), by striking ``(iii) 
                        In identifying'' and inserting the following:
                            ``(ii) Considerations.--In identifying'';
                            (iv) in clause (iv)--
                                    (I) by striking ``(iv) At least 
                                once'' and inserting the following:
                            ``(iii) Study.--At least once''; and
                                    (II) by striking ``clause (iii)'' 
                                and inserting ``clause (ii)'';
                            (v) in clause (v)--
                                    (I) by striking ``(v) The Secretary 
                                may'' and inserting the following:
                            ``(iv) Internal certification processes.--
                        The Secretary may''; and
                                    (II) by striking ``clause 
                                (i)(III)'' each place it appears and 
                                inserting ``clause (i)'';
                            (vi) in clause (vi)--
                                    (I) by striking ``(vi) With 
                                respect'' and inserting the following:
                            ``(v) Privatized military housing.--With 
                        respect''; and
                                    (II) by striking ``develop 
                                alternative criteria to those 
                                established by subclauses (I) and (III) 
                                of clause (i) that achieve an 
                                equivalent result in terms of energy 
                                savings, sustainable design, and'' and 
                                inserting ``develop alternative 
                                certification systems and levels than 
                                the systems and levels identified under 
                                clause (i) that achieve an equivalent 
                                result in terms of''; and
                            (vii) in clause (vii), by striking ``(vii) 
                        In addition to'' and inserting the following:
                            ``(vi) Water conservation technologies.--In 
                        addition to''; and
            (2) by striking subsections (c) and (d) and inserting the 
        following:
    ``(c) Periodic Review.--The Secretary shall--
            ``(1) every 5 years, review the Federal building energy 
        standards established under this section; and
            ``(2) on completion of a review under paragraph (1), if the 
        Secretary determines that significant energy savings would 
        result, upgrade the standards to include all new energy 
        efficiency and renewable energy measures that are 
        technologically feasible and economically justified.''.

SEC. 3118. OPERATION OF BATTERY RECHARGING STATIONS IN PARKING AREAS 
              USED BY FEDERAL EMPLOYEES.

    (a) Authorization.--
            (1) In general.--The head of any office of the Federal 
        Government which owns or operates a parking area for the use of 
        its employees (either directly or indirectly through a 
        contractor) may install, construct, operate, and maintain on a 
        reimbursable basis a battery recharging station in such area 
        for the use of privately owned vehicles of employees of the 
        office and others who are authorized to park in such area.
            (2) Use of vendors.--The head of an office may carry out 
        paragraph (1) through a contract with a vendor, under such 
        terms and conditions (including terms relating to the 
        allocation between the office and the vendor of the costs of 
        carrying out the contract) as the head of the office and the 
        vendor may agree to.
    (b) Imposition of Fees To Cover Costs.--
            (1) Fees.--The head of an office of the Federal Government 
        which operates and maintains a battery recharging station under 
        this section shall charge fees to the individuals who use the 
        station in such amount as is necessary to ensure that office 
        recovers all of the costs it incurs in installing, 
        constructing, operating, and maintaining the station.
            (2) Deposit and availability of fees.--Any fees collected 
        by the head of an office under this subsection shall be--
                    (A) deposited monthly in the Treasury to the credit 
                of the appropriations account for salaries and expenses 
                of the office; and
                    (B) available for obligation without further 
                appropriation during--
                            (i) the fiscal year collected; and
                            (ii) the fiscal year following the fiscal 
                        year collected.
    (c) No Effect on Existing Programs for House and Senate.--Nothing 
in this section may be construed to affect the installation, 
construction, operation, or maintenance of battery recharging stations 
by the Architect of the Capitol--
            (1) under Public Law 112-170 (2 U.S.C. 2171), relating to 
        employees of the House of Representatives and individuals 
        authorized to park in any parking area under the jurisdiction 
        of the House of Representatives on the Capitol Grounds; or
            (2) under Public Law 112-167 (2 U.S.C. 2170), relating to 
        employees of the Senate and individuals authorized to park in 
        any parking area under the jurisdiction of the Senate on the 
        Capitol Grounds.
    (d) Effective Date.--This section shall apply with respect to 
fiscal year 2016 and each succeeding fiscal year.

SEC. 3119. REPORT ON ENERGY SAVINGS AND GREENHOUSE GAS EMISSIONS 
              REDUCTION FROM CONVERSION OF CAPTURED METHANE TO ENERGY.

    (a) Report.--Not later than 1 year after the date of enactment of 
this Act, the Secretary of Energy, in consultation with appropriate 
Federal agencies and relevant stakeholders, shall submit to the 
Committee on Energy and Natural Resources of the Senate and the 
Committee on Energy and Commerce of the House of Representatives a 
report on the impact of captured methane converted for energy and power 
generation on Federal lands, Federal buildings, and relevant 
municipalities that use such generation, and the return on investment 
and reduction in greenhouse gas emissions of utilizing such power 
generation.
    (b) Contents.--The report shall include--
            (1) a summary of energy performance and savings resulting 
        from the utilization of such power generation, including short-
        term and long-term (20 years) projections of such savings; and
            (2) an analysis of the reduction in greenhouse emissions 
        resulting from the utilization of such power generation.

        CHAPTER 2--ENERGY EFFICIENT TECHNOLOGY AND MANUFACTURING

SEC. 3121. INCLUSION OF SMART GRID CAPABILITY ON ENERGY GUIDE LABELS.

    Section 324(a)(2) of the Energy Policy and Conservation Act (42 
U.S.C. 6294(a)(2)) is amended by adding the following at the end:
                    ``(J) Smart grid capability on energy guide 
                labels.--
                            ``(i) Rule.--Not later than 1 year after 
                        the date of enactment of this subparagraph, the 
                        Commission shall initiate a rulemaking to 
                        consider making a special note in a prominent 
                        manner on any Energy Guide label for any 
                        product that includes Smart Grid capability 
                        that--
                                    ``(I) Smart Grid capability is a 
                                feature of that product;
                                    ``(II) the use and value of that 
                                feature depend on the Smart Grid 
                                capability of the utility system in 
                                which the product is installed and the 
                                active utilization of that feature by 
                                the customer; and
                                    ``(III) on a utility system with 
                                Smart Grid capability, the use of the 
                                product's Smart Grid capability could 
                                reduce the customer's cost of the 
                                product's annual operation as a result 
                                of the incremental energy and 
                                electricity cost savings that would 
                                result from the customer taking full 
                                advantage of such Smart Grid 
                                capability.
                            ``(ii) Deadline.--Not later than 3 years 
                        after the date of enactment of this 
                        subparagraph, the Commission shall complete the 
                        rulemaking initiated under clause (i).''.

SEC. 3122. VOLUNTARY VERIFICATION PROGRAMS FOR AIR CONDITIONING, 
              FURNACE, BOILER, HEAT PUMP, AND WATER HEATER PRODUCTS.

     Section 326(b) of the Energy Policy and Conservation Act (42 
U.S.C. 6296(b)) is amended by adding at the end the following:
            ``(6) Voluntary verification programs for air conditioning, 
        furnace, boiler, heat pump, and water heater products.--
                    ``(A) Reliance on voluntary programs.--For the 
                purpose of verifying compliance with energy 
                conservation standards established under sections 325 
                and 342 for covered products described in paragraphs 
                (3), (4), (5), (9), and (11) of section 322(a) and 
                covered equipment described in subparagraphs (B), (C), 
                (D), (F), (I), (J), and (K) of section 340(1), the 
                Secretary shall rely on testing conducted by recognized 
                voluntary verification programs that are recognized by 
                the Secretary in accordance with subparagraph (B).
                    ``(B) Recognition of voluntary verification 
                programs.--
                            ``(i) In general.--Not later than 180 days 
                        after the date of enactment of this paragraph, 
                        the Secretary shall initiate a negotiated 
                        rulemaking in accordance with subchapter III of 
                        chapter 5 of title 5, United States Code 
                        (commonly known as the `Negotiated Rulemaking 
                        Act of 1990') to develop criteria that have 
                        consensus support for achieving recognition by 
                        the Secretary as an approved voluntary 
                        verification program. Any subsequent amendment 
                        to such criteria may be made only pursuant to a 
                        subsequent negotiated rulemaking in accordance 
                        with subchapter III of chapter 5 of title 5, 
                        United States Code.
                            ``(ii) Minimum requirements.--The criteria 
                        developed under clause (i) shall, at a minimum, 
                        ensure that a voluntary verification program--
                                    ``(I) is nationally recognized;
                                    ``(II) is operated by a third party 
                                and not directly operated by a program 
                                participant;
                                    ``(III) satisfies any applicable 
                                elements of--
                                            ``(aa) International 
                                        Organization for 
                                        Standardization standard 
                                        numbered 17025; and
                                            ``(bb) any other relevant 
                                        International Organization for 
                                        Standardization standards 
                                        identified and agreed to 
                                        through the negotiated 
                                        rulemaking under clause (i);
                                    ``(IV) at least annually tests 
                                independently obtained products 
                                following the test procedures 
                                established under this title to verify 
                                the certified rating of a 
                                representative sample of products and 
                                equipment within the scope of the 
                                program;
                                    ``(V) maintains a publicly 
                                available list of all ratings of 
                                products subject to verification;
                                    ``(VI) requires the changing of the 
                                performance rating or removal of the 
                                product or equipment from the program 
                                if testing determines that the 
                                performance rating does not meet the 
                                levels the manufacturer has certified 
                                to the Secretary;
                                    ``(VII) requires new program 
                                participants to substantiate ratings 
                                through test data generated in 
                                accordance with Department of Energy 
                                regulations;
                                    ``(VIII) allows for challenge 
                                testing of products and equipment 
                                within the scope of the program;
                                    ``(IX) requires program 
                                participants to disclose the 
                                performance rating of all covered 
                                products and equipment within the scope 
                                of the program for the covered product 
                                or equipment;
                                    ``(X) provides to the Secretary--
                                            ``(aa) an annual report of 
                                        all test results, the contents 
                                        of which shall be determined 
                                        through the negotiated 
                                        rulemaking process under clause 
                                        (i); and
                                            ``(bb) test reports, on the 
                                        request of the Secretary, that 
                                        note any instructions specified 
                                        by the manufacturer or the 
                                        representative of the 
                                        manufacturer for the purpose of 
                                        conducting the verification 
                                        testing; and
                                    ``(XI) satisfies any additional 
                                requirements or standards that the 
                                Secretary shall establish consistent 
                                with this subparagraph.
                            ``(iii) Cessation of recognition.--The 
                        Secretary may only cease recognition of a 
                        voluntary verification program as an approved 
                        program described in subparagraph (A) upon a 
                        finding that the program is not meeting its 
                        obligations for compliance through program 
                        review criteria developed during the negotiated 
                        rulemaking conducted under subparagraph (B).
                    ``(C) Administration.--
                            ``(i) In general.--The Secretary shall not 
                        require--
                                    ``(I) manufacturers to participate 
                                in a recognized voluntary verification 
                                program described in subparagraph (A); 
                                or
                                    ``(II) participating manufacturers 
                                to provide information that has already 
                                been provided to the Secretary.
                            ``(ii) List of covered products.--The 
                        Secretary may maintain a publicly available 
                        list of covered products and equipment that 
                        distinguishes between products that are and are 
                        not covered products and equipment verified 
                        through a recognized voluntary verification 
                        program described in subparagraph (A).
                            ``(iii) Periodic verification testing.--The 
                        Secretary--
                                    ``(I) shall not subject products or 
                                equipment that have been verification 
                                tested under a recognized voluntary 
                                verification program described in 
                                subparagraph (A) to periodic 
                                verification testing to verify the 
                                accuracy of the certified performance 
                                rating of the products or equipment; 
                                but
                                    ``(II) may require testing of 
                                products or equipment described in 
                                subclause (I)--
                                            ``(aa) if the testing is 
                                        necessary--

                                                    ``(AA) to assess 
                                                the overall performance 
                                                of a voluntary 
                                                verification program;

                                                    ``(BB) to address 
                                                specific performance 
                                                issues;

                                                    ``(CC) for use in 
                                                updating test 
                                                procedures and 
                                                standards; or

                                                    ``(DD) for other 
                                                purposes consistent 
                                                with this title; or

                                            ``(bb) if such testing is 
                                        agreed to during the negotiated 
                                        rulemaking conducted under 
                                        subparagraph (B).
                    ``(D) Effect on other authority.--Nothing in this 
                paragraph limits the authority of the Secretary to 
                enforce compliance with any law.''.

SEC. 3123. FACILITATING CONSENSUS FURNACE STANDARDS.

    (a) Congressional Findings and Declaration of Purpose.--
            (1) Findings.--Congress finds that--
                    (A) acting pursuant to the requirements of section 
                325 of the Energy Policy and Conservation Act (42 
                U.S.C. 6295), the Secretary of Energy is considering 
                amending the energy conservation standards applicable 
                to residential nonweatherized gas furnaces and mobile 
                home gas furnaces;
                    (B) numerous stakeholders, representing 
                manufacturers, distributors, and installers of 
                residential nonweatherized gas furnaces and mobile home 
                furnaces, natural gas utilities, home builders, 
                multifamily property owners, and energy efficiency, 
                environmental, and consumer advocates have begun 
                negotiations in an attempt to agree on a consensus 
                recommendation to the Secretary on levels for such 
                standards that will meet the statutory criteria; and
                    (C) the stakeholders believe these negotiations are 
                likely to result in a consensus recommendation, but 
                several of the stakeholders do not support suspending 
                the current rulemaking.
            (2) Purpose.--It is the purpose of this section to provide 
        the stakeholders described in paragraph (1) with an opportunity 
        to continue negotiations for a limited time period to 
        facilitate the proposal for adoption of standards that enjoy 
        consensus support, while not delaying the current rulemaking 
        except to the extent necessary to provide such opportunity.
    (b) Opportunity for a Negotiated Furnace Standard.--Section 
325(f)(4) of the Energy Policy and Conservation Act (42 U.S.C. 
6295(f)(4)) is amended by adding after subparagraph (D) the following:
    ``(E)(i) Unless the Secretary has published such a notice prior to 
the date of enactment of this Act, the Secretary shall publish, not 
later than October 31, 2015, a supplemental notice of proposed 
rulemaking or a notice of data availability updating the proposed rule 
entitled `Energy Conservation Program for Consumer Products: Energy 
Conservation Standards for Residential Furnaces' and published in the 
Federal Register on March 12, 2015 (80 Fed. Reg. 13119), to provide 
notice and an opportunity for comment on--
            ``(I) dividing nonweatherized gas furnaces into two or more 
        product classes with separate energy conservation standards 
        based on capacity; and
            ``(II) any other matters the Secretary determines 
        appropriate.
    ``(ii) On receipt of a statement that is submitted on or before 
January 1, 2016, jointly by interested persons that are fairly 
representative of relevant points of view, that contains recommended 
standards for nonweatherized gas furnaces and mobile home gas furnaces 
that are consistent with the requirements of this part (except that the 
date on which such standards will apply may be earlier or later than 
the date required under this part), the Secretary shall evaluate the 
standards proposed in the joint statement for consistency with the 
requirements of subsection (o), and shall publish notice of the 
potential adoption of the standards proposed in the joint statement, 
modified as necessary to ensure consistency with subsection (o). The 
Secretary shall solicit public comment for a period of at least 30 days 
with respect to such notice.
    ``(iii) Not later than July 31, 2016, but not before July 1, 2016, 
the Secretary shall publish a final rule containing a determination of 
whether the standards for nonweatherized gas furnaces and mobile home 
gas furnaces should be amended. Such rule shall contain any such 
amendments to the standards.''.

SEC. 3124. NO WARRANTY FOR CERTAIN CERTIFIED ENERGY STAR PRODUCTS.

    Section 324A of the Energy Policy and Conservation Act (42 U.S.C. 
6294a) is amended by adding at the end the following new subsection:
    ``(e) No Warranty.--
            ``(1) In general.--Any disclosure relating to participation 
        of a product in the Energy Star program shall not create an 
        express or implied warranty or give rise to any private claims 
        or rights of action under State or Federal law relating to the 
        disqualification of that product from Energy Star if--
                    ``(A) the product has been certified by a 
                certification body recognized by the Energy Star 
                program;
                    ``(B) the Administrator has approved corrective 
                measures, including a determination of whether or not 
                consumer compensation is appropriate; and
                    ``(C) the responsible party has fully complied with 
                all approved corrective measures.
            ``(2) Construal.--Nothing in this subsection shall be 
        construed to require the Administrator to modify any procedure 
        or take any other action.''.

SEC. 3125. CLARIFICATION TO EFFECTIVE DATE FOR REGIONAL STANDARDS.

    Section 325(o)(6)(E)(ii) of the Energy Policy and Conservation Act 
(42 U.S.C. 6295(o)(6)(E)(ii)) is amended by striking ``installed'' and 
inserting ``manufactured or imported into the United States''.

SEC. 3126. INTERNET OF THINGS REPORT.

    The Secretary of Energy shall, not later than 18 months after the 
date of enactment of this Act, report to the Committee on Energy and 
Commerce of the House of Representatives and the Committee on Energy 
and Natural Resources of the Senate on the efforts made to take 
advantage of, and promote, the utilization of advanced technologies 
such as Internet of Things end-to-end platform solutions to provide 
real-time actionable analytics and enable predictive maintenance and 
asset management to improve energy efficiency wherever feasible. In 
doing so, the Secretary shall look to encourage and utilize Internet of 
Things energy management solutions that have security tightly 
integrated into the hardware and software from the outset. The 
Secretary shall also encourage the use of Internet of Things solutions 
that enable seamless connectivity and that are interoperable, open 
standards-based, and built on a repeatable foundation for ease of 
scalability.

SEC. 3127. ENERGY SAVINGS FROM LUBRICATING OIL.

    Not later than 1 year after the date of enactment of this Act, the 
Secretary of Energy, in cooperation with the Administrator of the 
Environmental Protection Agency and the Director of Management and 
Budget, shall--
            (1) review and update the report prepared pursuant to 
        section 1838 of the Energy Policy Act of 2005;
            (2) after consultation with relevant Federal, State, and 
        local agencies and affected industry and stakeholder groups, 
        update data that was used in preparing that report; and
            (3) prepare and submit to Congress a coordinated Federal 
        strategy to increase the beneficial reuse of used lubricating 
        oil, that--
                    (A) is consistent with national policy as 
                established pursuant to section 2 of the Used Oil 
                Recycling Act of 1980 (Public Law 96-463); and
                    (B) addresses measures needed to--
                            (i) increase the responsible collection of 
                        used oil;
                            (ii) disseminate public information 
                        concerning sustainable reuse options for used 
                        oil; and
                            (iii) promote sustainable reuse of used oil 
                        by Federal agencies, recipients of Federal 
                        grant funds, entities contracting with the 
                        Federal Government, and the general public.

SEC. 3128. DEFINITION OF EXTERNAL POWER SUPPLY.

    Section 321(36)(A) of the Energy Policy and Conservation Act (42 
U.S.C. 6291(36)(A)) is amended--
            (1) by striking the subparagraph designation and all that 
        follows through ``The term'' and inserting the following:
                    ``(A) External power supply.--
                            ``(i) In general.--The term''; and
            (2) by adding at the end the following:
                            ``(ii) Exclusion.--The term `external power 
                        supply' does not include a power supply 
                        circuit, driver, or device that is designed 
                        exclusively to be connected to, and power--
                                    ``(I) light-emitting diodes 
                                providing illumination; or
                                    ``(II) organic light-emitting 
                                diodes providing illumination.''.

SEC. 3129. STANDARDS FOR POWER SUPPLY CIRCUITS CONNECTED TO LEDS OR 
              OLEDS.

    (a) In General.--Section 325(u) of the Energy Policy and 
Conservation Act (42 U.S.C. 6295(u)) is amended by adding at the end 
the following:
            ``(6) Power supply circuits connected to leds or oleds.--
        Notwithstanding the exclusion described in section 
        321(36)(A)(ii), the Secretary may prescribe, in accordance with 
        subsections (o) and (p) and section 322(b), an energy 
        conservation standard for a power supply circuit, driver, or 
        device that is designed primarily to be connected to, and 
        power, light-emitting diodes or organic light-emitting diodes 
        providing illumination.''.
    (b) Energy Conservation Standards.--Section 346 of the Energy 
Policy and Conservation Act (42 U.S.C. 6317) is amended by adding at 
the end the following:
    ``(g) Energy Conservation Standard for Power Supply Circuits 
Connected to LEDS or OLEDS.--Not earlier than 1 year after applicable 
testing requirements are prescribed under section 343, the Secretary 
may prescribe an energy conservation standard for a power supply 
circuit, driver, or device that is designed primarily to be connected 
to, and power, light-emitting diodes or organic light-emitting diodes 
providing illumination.''.

                      CHAPTER 3--SCHOOL BUILDINGS

SEC. 3131. COORDINATION OF ENERGY RETROFITTING ASSISTANCE FOR SCHOOLS.

    Section 392 of the Energy Policy and Conservation Act (42 U.S.C. 
6371a) is amended by adding at the end the following:
    ``(e) Coordination of Energy Retrofitting Assistance for Schools.--
            ``(1) Definition of school.--Notwithstanding section 
        391(6), for the purposes of this subsection, the term `school' 
        means--
                    ``(A) an elementary school or secondary school (as 
                defined in section 9101 of the Elementary and Secondary 
                Education Act of 1965 (20 U.S.C. 7801));
                    ``(B) an institution of higher education (as 
                defined in section 102(a) of the Higher Education Act 
                of 1965 (20 U.S.C. 1002(a)));
                    ``(C) a school of the defense dependents' education 
                system under the Defense Dependents' Education Act of 
                1978 (20 U.S.C. 921 et seq.) or established under 
                section 2164 of title 10, United States Code;
                    ``(D) a school operated by the Bureau of Indian 
                Affairs;
                    ``(E) a tribally controlled school (as defined in 
                section 5212 of the Tribally Controlled Schools Act of 
                1988 (25 U.S.C. 2511)); and
                    ``(F) a Tribal College or University (as defined in 
                section 316(b) of the Higher Education Act of 1965 (20 
                U.S.C. 1059c(b))).
            ``(2) Establishment of clearinghouse.--The Secretary, 
        acting through the Office of Energy Efficiency and Renewable 
        Energy, shall establish a clearinghouse to disseminate 
        information regarding available Federal programs and financing 
        mechanisms that may be used to help initiate, develop, and 
        finance energy efficiency, distributed generation, and energy 
        retrofitting projects for schools.
            ``(3) Requirements.--In carrying out paragraph (2), the 
        Secretary shall--
                    ``(A) consult with appropriate Federal agencies to 
                develop a list of Federal programs and financing 
                mechanisms that are, or may be, used for the purposes 
                described in paragraph (2); and
                    ``(B) coordinate with appropriate Federal agencies 
                to develop a collaborative education and outreach 
                effort to streamline communications and promote 
                available Federal programs and financing mechanisms 
                described in subparagraph (A), which may include the 
                development and maintenance of a single online resource 
                that includes contact information for relevant 
                technical assistance in the Office of Energy Efficiency 
                and Renewable Energy that States, local education 
                agencies, and schools may use to effectively access and 
                use such Federal programs and financing mechanisms.''.

                    CHAPTER 4--BUILDING ENERGY CODES

SEC. 3141. GREATER ENERGY EFFICIENCY IN BUILDING CODES.

    (a) Definitions.--Section 303 of the Energy Conservation and 
Production Act (42 U.S.C. 6832), as amended by section 3116, is further 
amended--
            (1) by striking paragraph (14) and inserting the following:
            ``(14) Model building energy code.--The term `model 
        building energy code' means a voluntary building energy code or 
        standard developed and updated through a consensus process 
        among interested persons, such as the IECC or ASHRAE Standard 
        90.1 or a code used by other appropriate organizations 
        regarding which the Secretary has issued a determination that 
        buildings subject to it would achieve greater energy efficiency 
        than under a previously developed code.''; and
            (2) by adding at the end the following:
            ``(18) ASHRAE standard 90.1.--The term `ASHRAE Standard 
        90.1' means the American Society of Heating, Refrigerating and 
        Air-Conditioning Engineers ANSI/ASHRAE/IES Standard 90/1 Energy 
        Standard for Buildings Except Low-Rise Residential Buildings.
            ``(19) Cost-effective.--The term `cost-effective' means 
        having a simple payback of 10 years or less.
            ``(20) IECC.--The term `IECC' means the International 
        Energy Conservation Code as published by the International Code 
        Council.
            ``(21) Indian tribe.--The term `Indian tribe' has the 
        meaning given the term in section 4 of the Native American 
        Housing Assistance and Self-Determination Act of 1996 (25 
        U.S.C. 4103).
            ``(22) Simple payback.--The term `simple payback' means the 
        time in years that is required for energy savings to exceed the 
        incremental first cost of a new requirement or code.
            ``(23) Technically feasible.--The term `technically 
        feasible' means capable of being achieved, based on widely 
        available appliances, equipment, technologies, materials, and 
        construction practices.''.
    (b) State Building Energy Efficiency Codes.--Section 304 of the 
Energy Conservation and Production Act (42 U.S.C. 6833) is amended to 
read as follows:

``SEC. 304. UPDATING STATE BUILDING ENERGY EFFICIENCY CODES.

    ``(a) In General.--The Secretary shall provide technical 
assistance, as described in subsection (e), for the purposes of--
            ``(1) implementation of building energy codes by States, 
        Indian tribes, and, as appropriate, by local governments, that 
        are technically feasible and cost-effective; and
            ``(2) supporting full compliance with the State, tribal, 
        and local codes.
    ``(b) State and Indian Tribe Certification of Building Energy Code 
Updates.--
            ``(1) Review and updating of codes by each state and indian 
        tribe.--
                    ``(A) In general.--Not later than 3 years after the 
                date on which a model building energy code is 
                published, each State or Indian tribe shall certify 
                whether or not the State or Indian tribe, respectively, 
                has reviewed and updated the energy provisions of the 
                building code of the State or Indian tribe, 
                respectively.
                    ``(B) Demonstration.--The certification shall 
                include a statement of whether or not the energy 
                savings for the code provisions that are in effect 
                throughout the State or Indian tribal territory meet or 
                exceed--
                            ``(i) the energy savings of the most 
                        recently published model building energy code; 
                        or
                            ``(ii) the targets established under 
                        section 307(b)(2).
                    ``(C) No model building energy code update.--If a 
                model building energy code is not updated by a target 
                date established under section 307(b)(2)(D), each State 
                or Indian tribe shall, not later than 3 years after the 
                specified date, certify whether or not the State or 
                Indian tribe, respectively, has reviewed and updated 
                the energy provisions of the building code of the State 
                or Indian tribe, respectively, to meet or exceed the 
                target in section 307(b)(2).
            ``(2) Validation by secretary.--Not later than 90 days 
        after a State or Indian tribe certification under paragraph 
        (1), the Secretary shall--
                    ``(A) determine whether the code provisions of the 
                State or Indian tribe, respectively, meet the criteria 
                specified in paragraph (1);
                    ``(B) determine whether the certification submitted 
                by the State or Indian tribe, respectively, is 
                complete; and
                    ``(C) if the requirements of subparagraph (B) are 
                satisfied, validate the certification.
            ``(3) Limitation.--Nothing in this section shall be 
        interpreted to require a State or Indian tribe to adopt any 
        building code or provision within a code.
    ``(c) Improvements in Compliance With Building Energy Codes.--
            ``(1) Requirement.--
                    ``(A) In general.--Not later than 3 years after the 
                date of a certification under subsection (b), each 
                State and Indian tribe shall certify whether or not the 
                State or Indian tribe, respectively, has--
                            ``(i) achieved full compliance under 
                        paragraph (3) with the applicable certified 
                        State or Indian tribe building energy code or 
                        with the associated model building energy code; 
                        or
                            ``(ii) made significant progress under 
                        paragraph (4) toward achieving compliance with 
                        the applicable certified State or Indian tribe 
                        building energy code or with the associated 
                        model building energy code.
                    ``(B) Repeat certifications.--If the State or 
                Indian tribe certifies progress toward achieving 
                compliance, the State or Indian tribe shall repeat the 
                certification until the State or Indian tribe certifies 
                that the State or Indian tribe has achieved full 
                compliance.
            ``(2) Measurement of compliance.--A certification under 
        paragraph (1) shall include documentation of the rate of 
        compliance based on--
                    ``(A) inspections of a random sample of the 
                buildings covered by the code in the preceding year; or
                    ``(B) an alternative method that yields an accurate 
                measure of compliance.
            ``(3) Achievement of compliance.--A State or Indian tribe 
        shall be considered to achieve full compliance under paragraph 
        (1) if--
                    ``(A) at least 90 percent of building space covered 
                by the code in the preceding year substantially meets 
                all the requirements of the applicable code specified 
                in paragraph (1), or achieves equivalent or greater 
                energy savings level; or
                    ``(B) the estimated excess energy use of buildings 
                that did not meet the applicable code specified in 
                paragraph (1) in the preceding year, compared to a 
                baseline of comparable buildings that meet this code, 
                is not more than 5 percent of the estimated energy use 
                of all buildings covered by this code during the 
                preceding year.
            ``(4) Significant progress toward achievement of 
        compliance.--A State or Indian tribe shall be considered to 
        have made significant progress toward achieving compliance for 
        purposes of paragraph (1) if the State or Indian tribe--
                    ``(A) has developed and is implementing a plan for 
                achieving compliance during the 8-year period beginning 
                on the date of enactment of this paragraph, including 
                annual targets for compliance and active training and 
                enforcement programs; and
                    ``(B) has met the most recent target under 
                subparagraph (A).
            ``(5) Validation by secretary.--Not later than 90 days 
        after a State or Indian tribe certification under paragraph 
        (1), the Secretary shall--
                    ``(A) determine whether the State or Indian tribe 
                has demonstrated meeting the criteria of this 
                subsection, including accurate measurement of 
                compliance;
                    ``(B) determine whether the certification submitted 
                by the State or Indian tribe is complete; and
                    ``(C) if the requirements of subparagraph (B) are 
                satisfied, validate the certification.
            ``(6) Limitation.--Nothing in this section shall be 
        interpreted to require a State or Indian tribe to adopt any 
        building code or provision within a code.
    ``(d) States or Indian Tribes That Do Not Achieve Compliance.--
            ``(1) Reporting.--A State or Indian tribe that has not made 
        a certification required under subsection (b) or (c) by the 
        applicable deadline shall submit to the Secretary a report on 
        the status of the State or Indian tribe with respect to meeting 
        the requirements and submitting the certification.
            ``(2) State sovereignty.--Nothing in this section shall be 
        interpreted to require a State or Indian tribe to adopt any 
        building code or provision within a code.
            ``(3) Local government.--In any State or Indian tribe for 
        which the Secretary has not validated a certification under 
        subsection (b) or (c), a local government may be eligible for 
        Federal support by meeting the certification requirements of 
        subsections (b) and (c).
            ``(4) Annual reports by secretary.--
                    ``(A) In general.--The Secretary shall annually 
                submit to Congress, and publish in the Federal 
                Register, a report on--
                            ``(i) the status of model building energy 
                        codes;
                            ``(ii) the status of code adoption and 
                        compliance in the States and Indian tribes;
                            ``(iii) implementation of this section; and
                            ``(iv) improvements in energy savings over 
                        time as a result of the targets established 
                        under section 307(b)(2).
                    ``(B) Impacts.--The report shall include estimates 
                of impacts of past action under this section, and 
                potential impacts of further action, on--
                            ``(i) upfront financial and construction 
                        costs, cost benefits and returns (using a 
                        return on investment analysis), and lifetime 
                        energy use for buildings;
                            ``(ii) resulting energy costs to 
                        individuals and businesses; and
                            ``(iii) resulting overall annual building 
                        ownership and operating costs.
    ``(e) Technical Assistance to States and Indian Tribes.--
            ``(1) In general.--The Secretary shall, upon request, 
        provide technical assistance to States and Indian tribes to 
        implement the goals and requirements of this section--
                    ``(A) to implement State residential and commercial 
                building energy codes; and
                    ``(B) to document the rate of compliance with a 
                building energy code.
            ``(2) Technical assistance.--The assistance shall include, 
        as requested by the State or Indian tribe, technical assistance 
        in--
                    ``(A) evaluating the energy savings of building 
                energy codes;
                    ``(B) assessing the economic considerations, 
                referenced in section 307(b)(4), of implementing 
                building energy codes;
                    ``(C) building energy analysis and design tools;
                    ``(D) energy simulation models;
                    ``(E) building demonstrations;
                    ``(F) developing the definitions of energy use 
                intensity and building types for use in model building 
                energy codes to evaluate the efficiency impacts of the 
                model building energy codes; and
                    ``(G) complying with a performance-based pathway 
                referenced in the model code.
            ``(3) Exclusion.--For purposes of this section, `technical 
        assistance' shall not include actions that promote or 
        discourage the adoption of a particular building energy code, 
        code provision, or energy savings target to a State or Indian 
        tribe.
            ``(4) Information quality and transparency.--For purposes 
        of this section, information provided by the Secretary, 
        attendant to any technical assistance provided to a State or 
        Indian tribe, is `influential information' and shall satisfy 
        the guidelines established by the Office of Management and 
        Budget and published at 67 Federal Register 8,452 (February 22, 
        2002).
    ``(f) Federal Support.--
            ``(1) In general.--The Secretary shall provide support to 
        States and Indian tribes--
                    ``(A) to implement the reporting requirements of 
                this section; and
                    ``(B) to implement residential and commercial 
                building energy codes, including increasing and 
                verifying compliance with the codes and training of 
                State, tribal, and local building code officials to 
                implement and enforce the codes.
            ``(2) Exclusion.--Support shall not be given to support 
        adoption and implementation of model building energy codes for 
        which the Secretary has made a determination under section 
        307(g)(1)(C) that the code is not cost-effective.
            ``(3) Training.--Support shall be offered to States to 
        train State and local building code officials to implement and 
        enforce codes described in paragraph (1)(B).
            ``(4) Local governments.--States may work under this 
        subsection with local governments that implement and enforce 
        codes described in paragraph (1)(B).
    ``(g) Voluntary Programs To Exceed Model Building Energy Code.--
            ``(1) In general.--The Secretary shall provide technical 
        assistance, as described in subsection (e), for the development 
        of voluntary programs that exceed the model building energy 
        codes for residential and commercial buildings for use as--
                    ``(A) voluntary incentive programs adopted by 
                local, tribal, or State governments; and
                    ``(B) nonbinding guidelines for energy-efficient 
                building design.
            ``(2) Targets.--The voluntary programs described in 
        paragraph (1) shall be designed--
                    ``(A) to achieve substantial energy savings 
                compared to the model building energy codes; and
                    ``(B) to meet targets under section 307(b), if 
                available, up to 3 to 6 years in advance of the target 
                years.
    ``(h) Studies.--
            ``(1) GAO study.--
                    ``(A) In general.--The Comptroller General of the 
                United States shall conduct a study of the impacts of 
                updating the national model building energy codes for 
                residential and commercial buildings. In conducting the 
                study, the Comptroller General shall consider and 
                report, at a minimum--
                            ``(i) the actual energy consumption savings 
                        stemming from updated energy codes compared to 
                        the energy consumption savings predicted during 
                        code development;
                            ``(ii) the actual consumer cost savings 
                        stemming from updated energy codes compared to 
                        predicted consumer cost savings; and
                            ``(iii) an accounting of expenditures of 
                        the Federal funds under each program authorized 
                        by this title.
                    ``(B) Report to congress.--Not later than 3 years 
                after the date of enactment of the North American 
                Energy Security and Infrastructure Act of 2016, the 
                Comptroller General of the United States shall submit a 
                report to the Committee on Energy and Natural Resources 
                of the Senate and the Committee on Energy and Commerce 
                of the House of Representatives including the study 
                findings and conclusions.
            ``(2) Feasibility study.--The Secretary, in consultation 
        with building science experts from the National Laboratories 
        and institutions of higher education, designers and builders of 
        energy-efficient residential and commercial buildings, code 
        officials, and other stakeholders, shall undertake a study of 
        the feasibility, impact, economics, and merit of--
                    ``(A) code improvements that would require that 
                buildings be designed, sited, and constructed in a 
                manner that makes the buildings more adaptable in the 
                future to become zero-net-energy after initial 
                construction, as advances are achieved in energy-saving 
                technologies;
                    ``(B) code procedures to incorporate a ten-year 
                payback, not just first-year energy use, in trade-offs 
                and performance calculations; and
                    ``(C) legislative options for increasing energy 
                savings from building energy codes, including 
                additional incentives for effective State and local 
                verification of compliance with and enforcement of a 
                code.
            ``(3) Energy data in multitenant buildings.--The Secretary, 
        in consultation with appropriate representatives of the 
        utility, utility regulatory, building ownership, and other 
        stakeholders, shall--
                    ``(A) undertake a study of best practices regarding 
                delivery of aggregated energy consumption information 
                to owners and managers of residential and commercial 
                buildings with multiple tenants and uses; and
                    ``(B) consider the development of a memorandum of 
                understanding between and among affected stakeholders 
                to reduce barriers to the delivery of aggregated energy 
                consumption information to such owners and managers.
    ``(i) Effect on Other Laws.--Nothing in this section or section 307 
supersedes or modifies the application of sections 321 through 346 of 
the Energy Policy and Conservation Act (42 U.S.C. 6291 et seq.).
    ``(j) Funding Limitations.--No Federal funds shall be--
            ``(1) used to support actions by the Secretary, or States, 
        to promote or discourage the adoption of a particular building 
        energy code, code provision, or energy saving target to a State 
        or Indian tribe; or
            ``(2) provided to private third parties or non-governmental 
        organizations to engage in such activities.''.
    (c) Federal Building Energy Efficiency Standards.--Section 305 of 
the Energy Conservation and Production Act (42 U.S.C. 6834) is amended 
by striking ``voluntary building energy code'' in subsections (a)(2)(B) 
and (b) and inserting ``model building energy code''.
    (d) Model Building Energy Codes.--
            (1) Amendment.--Section 307 of the Energy Conservation and 
        Production Act (42 U.S.C. 6836) is amended to read as follows:

``SEC. 307. SUPPORT FOR MODEL BUILDING ENERGY CODES.

    ``(a) In General.--The Secretary shall provide technical 
assistance, as described in subsection (c), for updating of model 
building energy codes.
    ``(b) Targets.--
            ``(1) In general.--The Secretary shall provide technical 
        assistance, for updating the model building energy codes.
            ``(2) Targets.--
                    ``(A) In general.--The Secretary shall provide 
                technical assistance to States, Indian tribes, local 
                governments, nationally recognized code and standards 
                developers, and other interested parties for updating 
                of model building energy codes by establishing one or 
                more aggregate energy savings targets through 
                rulemaking in accordance with section 553 of title 5, 
                United States Code, to achieve the purposes of this 
                section.
                    ``(B) Separate targets.--Separate targets may be 
                established for commercial and residential buildings.
                    ``(C) Baselines.--The baseline for updating model 
                building energy codes shall be the 2009 IECC for 
                residential buildings and ASHRAE Standard 90.1-2010 for 
                commercial buildings.
                    ``(D) Specific years.--
                            ``(i) In general.--Targets for specific 
                        years shall be established and revised by the 
                        Secretary through rulemaking in accordance with 
                        section 553 of title 5, United States Code, and 
                        coordinated with nationally recognized code and 
                        standards developers at a level that--
                                    ``(I) is at the maximum level of 
                                energy efficiency that is technically 
                                feasible and cost effective, while 
                                accounting for the economic 
                                considerations under paragraph (4); and
                                    ``(II) promotes the achievement of 
                                commercial and residential high 
                                performance buildings through high 
                                performance energy efficiency (within 
                                the meaning of section 401 of the 
                                Energy Independence and Security Act of 
                                2007 (42 U.S.C. 17061)).
                            ``(ii) Initial targets.--Not later than 1 
                        year after the date of enactment of this 
                        clause, the Secretary shall establish initial 
                        targets under this subparagraph.
                            ``(iii) Different target years.--Subject to 
                        clause (i), prior to the applicable year, the 
                        Secretary may set a later target year for any 
                        of the model building energy codes described in 
                        subparagraph (A) if the Secretary determines 
                        that a target cannot be met.
                    ``(E) Small business.--When establishing targets 
                under this paragraph through rulemaking, the Secretary 
                shall ensure compliance with the Small Business 
                Regulatory Enforcement Fairness Act of 1996 (5 U.S.C. 
                601 note; Public Law 104-121) for any indirect economic 
                effect on small entities that is reasonably foreseeable 
                and a result of such rule.
            ``(3) Appliance standards and other factors affecting 
        building energy use.--In establishing energy savings targets 
        under paragraph (2), the Secretary shall develop and adjust the 
        targets in recognition of potential savings and costs relating 
        to--
                    ``(A) efficiency gains made in appliances, 
                lighting, windows, insulation, and building envelope 
                sealing;
                    ``(B) advancement of distributed generation and on-
                site renewable power generation technologies;
                    ``(C) equipment improvements for heating, cooling, 
                and ventilation systems and water heating systems;
                    ``(D) building management systems and smart grid 
                technologies to reduce energy use; and
                    ``(E) other technologies, practices, and building 
                systems regarding building plug load and other energy 
                uses.
        In developing and adjusting the targets, the Secretary shall 
        use climate zone weighted averages for equipment efficiency for 
        heating, cooling, ventilation, and water heating systems, using 
        equipment that is actually installed.
            ``(4) Economic considerations.--In establishing and 
        revising energy savings targets under paragraph (2), the 
        Secretary shall consider the economic feasibility of achieving 
        the proposed targets established under this section and the 
        potential costs and savings for consumers and building owners, 
        by conducting a return on investment analysis, using a simple 
        payback methodology over a 3-, 5-, and 7-year period. The 
        Secretary shall not propose or provide technical or financial 
        assistance for any code, provision in the code, or energy 
        target, or amendment thereto, that has a payback greater than 
        10 years.
    ``(c) Technical Assistance to Model Building Energy Code-Setting 
and Standard Development Organizations.--
            ``(1) In general.--The Secretary shall, on a timely basis, 
        provide technical assistance to model building energy code-
        setting and standard development organizations consistent with 
        the goals of this section.
            ``(2) Technical assistance.--The assistance shall include, 
        as requested by the organizations, technical assistance in--
                    ``(A) evaluating the energy savings of building 
                energy codes;
                    ``(B) assessing the economic considerations, under 
                subsection (b)(4), of code or standards proposals or 
                revisions;
                    ``(C) building energy analysis and design tools;
                    ``(D) energy simulation models;
                    ``(E) building demonstrations;
                    ``(F) developing definitions of energy use 
                intensity and building types for use in model building 
                energy codes to evaluate the efficiency impacts of the 
                model building energy codes;
                    ``(G) developing a performance-based pathway for 
                compliance;
                    ``(H) developing model building energy codes by 
                Indian tribes in accordance with tribal law; and
                    ``(I) code development meetings, including through 
                direct Federal employee participation in committee 
                meetings, hearings and online communication, voting, 
                and presenting research and technical or economic 
                analyses during such meetings.
            ``(3) Exclusion.--Except as provided in paragraph (2)(I), 
        for purposes of this section, `technical assistance' shall not 
        include actions that promote or discourage the adoption of a 
        particular building energy code, code provision, or energy 
        savings target.
            ``(4) Information quality and transparency.--For purposes 
        of this section, information provided by the Secretary, 
        attendant to development of any energy savings targets, is 
        influential information and shall satisfy the guidelines 
        established by the Office of Management and Budget and 
        published at 67 Federal Register 8,452 (February 22, 2002).
    ``(d) Amendment Proposals.--
            ``(1) In general.--The Secretary may submit timely model 
        building energy code amendment proposals that are technically 
        feasible, cost-effective, and technology-neutral to the model 
        building energy code-setting and standard development 
        organizations, with supporting evidence, sufficient to enable 
        the model building energy codes to meet the targets established 
        under subsection (b)(2).
            ``(2) Process and factors.--All amendment proposals 
        submitted by the Secretary shall be published in the Federal 
        Register and made available on the Department of Energy website 
        90 days prior to any submittal to a code development body, and 
        shall be subject to a public comment period of not less than 60 
        days. Information provided by the Secretary, attendant to 
        submission of any amendment proposals, is influential 
        information and shall satisfy the guidelines established by the 
        Office of Management and Budget and published at 67 Federal 
        Register 8,452 (February 22, 2002). When calculating the costs 
        and benefits of an amendment, the Secretary shall use climate 
        zone weighted averages for equipment efficiency for heating, 
        cooling, ventilation, and water heating systems, using 
        equipment that is actually installed.
    ``(e) Analysis Methodology.--The Secretary shall make publicly 
available the entire calculation methodology (including input 
assumptions and data) used by the Secretary to estimate the energy 
savings of code or standard proposals and revisions.
    ``(f) Methodology Development.--The Secretary shall establish a 
methodology for evaluating cost effectiveness of energy code changes in 
multifamily buildings that incorporates economic parameters 
representative of typical multifamily buildings.
    ``(g) Determination.--
            ``(1) Revision of model building energy codes.--If the 
        provisions of the IECC or ASHRAE Standard 90.1 regarding 
        building energy use are revised, the Secretary shall make a 
        preliminary determination not later than 90 days after the date 
        of the revision, and a final determination not later than 15 
        months after the date of the revision, on whether or not the 
        revision--
                    ``(A) improves energy efficiency in buildings 
                compared to the existing IECC or ASHRAE Standard 90.1, 
                as applicable;
                    ``(B) meets the applicable targets under subsection 
                (b)(2); and
                    ``(C) is technically feasible and cost-effective.
            ``(2) Codes or standards not meeting criteria.--
                    ``(A) In general.--If the Secretary makes a 
                preliminary determination under paragraph (1)(B) that a 
                revised IECC or ASHRAE Standard 90.1 does not meet the 
                targets established under subsection (b)(2), is not 
                technically feasible, or is not cost-effective, the 
                Secretary may at the same time provide technical 
                assistance, as described in subsection (c), to the 
                International Code Council or ASHRAE, as applicable, 
                with proposed changes that would result in a model 
                building energy code or standard that meets the 
                criteria, and with supporting evidence. Proposed 
                changes submitted by the Secretary shall be published 
                in the Federal Register and made available on the 
                Department of Energy website 90 days prior to any 
                submittal to a code development body, and shall be 
                subject to a public comment period of not less than 60 
                days. Information provided by the Secretary, attendant 
                to submission of any amendment proposals, is 
                influential information and shall satisfy the 
                guidelines established by the Office of Management and 
                Budget and published at 67 Federal Register 8,452 
                (February 22, 2002).
                    ``(B) Incorporation of changes.--
                            ``(i) In general.--On receipt of the 
                        technical assistance, as described in 
                        subsection (c), the International Code Council 
                        or ASHRAE, as applicable, shall, prior to the 
                        Secretary making a final determination under 
                        paragraph (1), have an additional 270 days to 
                        accept or reject the proposed changes made by 
                        the Secretary to the model building energy code 
                        or standard.
                            ``(ii) Final determination.--A final 
                        determination under paragraph (1) shall be on 
                        the final revised model building energy code or 
                        standard.
    ``(h) Administration.--In carrying out this section, the Secretary 
shall--
            ``(1) publish notice of targets, amendment proposals and 
        supporting analysis and determinations under this section in 
        the Federal Register to provide an explanation of and the basis 
        for such actions, including any supporting modeling, data, 
        assumptions, protocols, and cost-benefit analysis, including 
        return on investment;
            ``(2) provide an opportunity for public comment on targets 
        and supporting analysis and determinations under this section, 
        in accordance with section 553 of title 5, United States Code; 
        and
            ``(3) provide an opportunity for public comment on 
        amendment proposals.
    ``(i) Voluntary Codes and Standards.--Not withstanding any other 
provision of this section, any model building code or standard 
established under this section shall not be binding on a State, local 
government, or Indian tribe as a matter of Federal law.''.
            (2) Conforming amendment.--The item relating to section 307 
        in the table of contents for the Energy Conservation and 
        Production Act is amended to read as follows:

``Sec. 307. Support for model building energy codes.''.

SEC. 3142. VOLUNTARY NATURE OF BUILDING ASSET RATING PROGRAM.

    (a) In General.--Any program of the Secretary of Energy that may 
enable the owner of a commercial building or a residential building to 
obtain a rating, score, or label regarding the actual or anticipated 
energy usage or performance of a building shall be made available on a 
voluntary, optional, and market-driven basis.
    (b) Disclaimer as to Regulatory Intent.--Information disseminated 
by the Secretary of Energy regarding the program described in 
subsection (a), including any information made available by the 
Secretary on a website, shall include language plainly stating that 
such program is not developed or intended to be the basis for a 
regulatory program by a Federal, State, local, or municipal government 
body.

        CHAPTER 5--EPCA TECHNICAL CORRECTIONS AND CLARIFICATIONS

SEC. 3151. MODIFYING PRODUCT DEFINITIONS.

    (a) Authority To Modify Definitions.--
            (1) Covered products.--Section 322 of the Energy Policy and 
        Conservation Act (42 U.S.C. 6292) is amended by adding at the 
        end the following:
    ``(c) Modifying Definitions of Covered Products.--
            ``(1) In general.--For any covered product for which a 
        definition is provided in section 321, the Secretary may, by 
        rule, unless prohibited herein, modify such definition in order 
        to--
                    ``(A) address significant changes in the product or 
                the market occurring since the definition was 
                established; and
                    ``(B) better enable improvements in the energy 
                efficiency of the product as part of an energy using 
                system.
            ``(2) Antibacksliding exemption.--Section 325(o)(1) shall 
        not apply to adjustments to covered product definitions made 
        pursuant to this subsection.
            ``(3) Procedure for modifying definition.--
                    ``(A) In general.--Notice of any adjustment to the 
                definition of a covered product and an explanation of 
                the reasons therefor shall be published in the Federal 
                Register and opportunity provided for public comment.
                    ``(B) Consensus required.--Any amendment to the 
                definition of a covered product under this subsection 
                must have consensus support, as reflected in--
                            ``(i) the outcome of negotiations conducted 
                        in accordance with the subchapter III of 
                        chapter 5 of title 5, United States Code 
                        (commonly known as the `Negotiated Rulemaking 
                        Act of 1990'); or
                            ``(ii) the Secretary's receipt of a 
                        statement that is submitted jointly by 
                        interested persons that are fairly 
                        representative of relevant points of view 
                        (including representatives of manufacturers of 
                        covered products, States, and efficiency 
                        advocates), as determined by the Secretary, 
                        which contains a recommended modified 
                        definition for a covered product.
            ``(4) Effect of a modified definition.--
                    ``(A) In general.--For any type or class of 
                consumer product which becomes a covered product 
                pursuant to this subsection--
                            ``(i) the Secretary may establish test 
                        procedures for such type or class of covered 
                        product pursuant to section 323 and energy 
                        conservation standards pursuant to section 
                        325(l);
                            ``(ii) the Commission may prescribe 
                        labeling rules pursuant to section 324 if the 
                        Commission determines that labeling in 
                        accordance with that section is technologically 
                        and economically feasible and likely to assist 
                        consumers in making purchasing decisions;
                            ``(iii) section 327 shall begin to apply to 
                        such type or class of covered product in 
                        accordance with section 325(ii)(1); and
                            ``(iv) standards previously promulgated 
                        under section 325 shall not apply to such type 
                        or class of product.
                    ``(B) Applicability.--For any type or class of 
                consumer product which ceases to be a covered product 
                pursuant to this subsection, the provisions of this 
                part shall no longer apply to the type or class of 
                consumer product.''.
            (2) Covered equipment.--Section 341 of the Energy Policy 
        and Conservation Act (42 U.S.C. 6312) is amended by adding at 
        the end the following:
    ``(d) Modifying Definitions of Covered Equipment.--
            ``(1) In general.--For any covered equipment for which a 
        definition is provided in section 340, the Secretary may, by 
        rule, unless prohibited herein, modify such definition in order 
        to--
                    ``(A) address significant changes in the product or 
                the market occurring since the definition was 
                established; and
                    ``(B) better enable improvements in the energy 
                efficiency of the equipment as part of an energy using 
                system.
            ``(2) Antibacksliding exemption.--Section 325(o)(1) shall 
        not apply to adjustments to covered equipment definitions made 
        pursuant to this subsection.
            ``(3) Procedure for modifying definition.--
                    ``(A) In general.--Notice of any adjustment to the 
                definition of a type of covered equipment and an 
                explanation of the reasons therefor shall be published 
                in the Federal Register and opportunity provided for 
                public comment.
                    ``(B) Consensus required.--Any amendment to the 
                definition of a type of covered equipment under this 
                subsection must have consensus support, as reflected 
                in--
                            ``(i) the outcome of negotiations conducted 
                        in accordance with the subchapter III of 
                        chapter 5 of title 5, United States Code 
                        (commonly known as the `Negotiated Rulemaking 
                        Act of 1990'); or
                            ``(ii) the Secretary's receipt of a 
                        statement that is submitted jointly by 
                        interested persons that are fairly 
                        representative of relevant points of view 
                        (including representatives of manufacturers of 
                        covered equipment, States, and efficiency 
                        advocates), as determined by the Secretary, 
                        which contains a recommended modified 
                        definition for a type of covered equipment.
            ``(4) Effect of a modified definition.--
                    ``(A) For any type or class of equipment which 
                becomes covered equipment pursuant to this subsection--
                            ``(i) the Secretary may establish test 
                        procedures for such type or class of covered 
                        equipment pursuant to section 343 and energy 
                        conservation standards pursuant to section 
                        325(l);
                            ``(ii) the Secretary may prescribe labeling 
                        rules pursuant to section 344 if the Secretary 
                        determines that labeling in accordance with 
                        that section is technologically and 
                        economically feasible and likely to assist 
                        purchasers in making purchasing decisions;
                            ``(iii) section 327 shall begin to apply to 
                        such type or class of covered equipment in 
                        accordance with section 325(ii)(1); and
                            ``(iv) standards previously promulgated 
                        under section 325, 342, or 346 shall not apply 
                        to such type or class of covered equipment.
                    ``(B) For any type or class of equipment which 
                ceases to be covered equipment pursuant to this 
                subsection the provisions of this part shall no longer 
                apply to the type or class of equipment.''.
    (b) Conforming Amendments Providing for Judicial Review.--
            (1) Section 336 of the Energy Policy and Conservation Act 
        (42 U.S.C. 6306) is amended by striking ``section 323,'' each 
        place it appears and inserting ``section 322, 323,''; and
            (2) Section 345(a)(1) of the Energy Policy and Conservation 
        Act (42 U.S.C. 6316(a)(1)) is amended to read as follows:
            ``(1) the references to sections 322, 323, 324, and 325 of 
        this Act shall be considered as references to sections 341, 
        343, 344, and 342 of this Act, respectively;''.

SEC. 3152. CLARIFYING RULEMAKING PROCEDURES.

    (a) Covered Products.--Section 325(p) of the Energy Policy and 
Conservation Act (42 U.S.C. 6295(p)) is amended--
            (1) by redesignating paragraphs (1), (2), (3), and (4) as 
        paragraphs (2), (3), (5), and (6), respectively;
            (2) by inserting before paragraph (2) (as so redesignated 
        by paragraph (1) of this subsection) the following:
            ``(1) The Secretary shall provide an opportunity for public 
        input prior to the issuance of a proposed rule, seeking 
        information--
                    ``(A) identifying and commenting on design options;
                    ``(B) on the existence of and opportunities for 
                voluntary nonregulatory actions; and
                    ``(C) identifying significant subgroups of 
                consumers and manufacturers that merit analysis.'';
            (3) in paragraph (3) (as so redesignated by paragraph (1) 
        of this subsection)--
                    (A) in subparagraph (C), by striking ``and'' after 
                ``adequate;'';
                    (B) in subparagraph (D), by striking ``standard.'' 
                and inserting ``standard;''; and
                    (C) by adding at the end the following new 
                subparagraphs:
                    ``(E) whether the technical and economic analytical 
                assumptions, methods, and models used to justify the 
                standard to be prescribed are--
                            ``(i) justified; and
                            ``(ii) available and accessible for public 
                        review, analysis, and use; and
                    ``(F) the cumulative regulatory impacts on the 
                manufacturers of the product, taking into account--
                            ``(i) other government standards affecting 
                        energy use; and
                            ``(ii) other energy conservation standards 
                        affecting the same manufacturers.''; and
            (4) by inserting after paragraph (3) (as so redesignated by 
        paragraph (1) of this subsection) the following:
            ``(4) Restriction on test procedure amendments.--
                    ``(A) In general.--Any proposed energy conservation 
                standards rule shall be based on the final test 
                procedure which shall be used to determine compliance, 
                and the public comment period on the proposed standards 
                shall conclude no sooner than 180 days after the date 
                of publication of a final rule revising the test 
                procedure.
                    ``(B) Exception.--The Secretary may propose or 
                prescribe an amendment to the test procedures issued 
                pursuant to section 323 for any type or class of 
                covered product after the issuance of a notice of 
                proposed rulemaking to prescribe an amended or new 
                energy conservation standard for that type or class of 
                covered product, but before the issuance of a final 
                rule prescribing any such standard, if--
                            ``(i) the amendments to the test procedure 
                        have consensus support achieved through a 
                        rulemaking conducted in accordance with the 
                        subchapter III of chapter 5 of title 5, United 
                        States Code (commonly known as the `Negotiated 
                        Rulemaking Act of 1990'); or
                            ``(ii) the Secretary receives a statement 
                        that is submitted jointly by interested persons 
                        that are fairly representative of relevant 
                        points of view (including representatives of 
                        manufacturers of the type or class of covered 
                        product, States, and efficiency advocates), as 
                        determined by the Secretary, which contains a 
                        recommendation that a supplemental notice of 
                        proposed rulemaking is not necessary for the 
                        type or class of covered product.''.
    (b) Conforming Amendment.--Section 345(b)(1) of the Energy Policy 
and Conservation Act (42 U.S.C. 6316(b)(1)) is amended by striking 
``section 325(p)(4),'' and inserting ``section 325(p)(3), (4), and 
(6),''.

                 CHAPTER 6--ENERGY AND WATER EFFICIENCY

SEC. 3161. SMART ENERGY AND WATER EFFICIENCY PILOT PROGRAM.

    (a) Definitions.--In this section:
            (1) Eligible entity.--The term ``eligible entity'' means--
                    (A) a utility;
                    (B) a municipality;
                    (C) a water district; and
                    (D) any other authority that provides water, 
                wastewater, or water reuse services.
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of Energy.
            (3) Smart energy and water efficiency pilot program.--The 
        term ``smart energy and water efficiency pilot program'' or 
        ``pilot program'' means the pilot program established under 
        subsection (b).
    (b) Smart Energy and Water Efficiency Pilot Program.--
            (1) In general.--The Secretary shall establish and carry 
        out a smart energy and water efficiency management pilot 
        program in accordance with this section.
            (2) Purpose.--The purpose of the smart energy and water 
        efficiency pilot program is to award grants to eligible 
        entities to demonstrate advanced and innovative technology-
        based solutions that will--
                    (A) increase and improve the energy efficiency of 
                water, wastewater, and water reuse systems to help 
                communities across the United States make significant 
                progress in conserving water, saving energy, and 
                reducing costs;
                    (B) support the implementation of innovative 
                processes and the installation of advanced automated 
                systems that provide real-time data on energy and 
                water; and
                    (C) improve energy and water conservation, water 
                quality, and predictive maintenance of energy and water 
                systems, through the use of Internet-connected 
                technologies, including sensors, intelligent gateways, 
                and security embedded in hardware.
            (3) Project selection.--
                    (A) In general.--The Secretary shall make 
                competitive, merit-reviewed grants under the pilot 
                program to not less than 3, but not more than 5, 
                eligible entities.
                    (B) Selection criteria.--In selecting an eligible 
                entity to receive a grant under the pilot program, the 
                Secretary shall consider--
                            (i) energy and cost savings anticipated to 
                        result from the project;
                            (ii) the innovative nature, commercial 
                        viability, and reliability of the technology to 
                        be used;
                            (iii) the degree to which the project 
                        integrates next-generation sensors, software, 
                        hardware, analytics, and management tools;
                            (iv) the anticipated cost effectiveness of 
                        the pilot project in terms of energy efficiency 
                        savings, water savings or reuse, and 
                        infrastructure costs averted;
                            (v) whether the technology can be deployed 
                        in a variety of geographic regions and the 
                        degree to which the technology can be 
                        implemented on a smaller or larger scale, 
                        including whether the technology can be 
                        implemented by each type of eligible entity;
                            (vi) whether the technology has been 
                        successfully deployed elsewhere;
                            (vii) whether the technology is sourced 
                        from a manufacturer based in the United States; 
                        and
                            (viii) whether the project will be 
                        completed in 5 years or less.
                    (C) Applications.--
                            (i) In general.--Subject to clause (ii), an 
                        eligible entity seeking a grant under the pilot 
                        program shall submit to the Secretary an 
                        application at such time, in such manner, and 
                        containing such information as the Secretary 
                        determines to be necessary.
                            (ii) Contents.--An application under clause 
                        (i) shall, at a minimum, include--
                                    (I) a description of the project;
                                    (II) a description of the 
                                technology to be used in the project;
                                    (III) the anticipated results, 
                                including energy and water savings, of 
                                the project;
                                    (IV) a comprehensive budget for the 
                                project;
                                    (V) the names of the project lead 
                                organization and any partners;
                                    (VI) the number of users to be 
                                served by the project; and
                                    (VII) any other information that 
                                the Secretary determines to be 
                                necessary to complete the review and 
                                selection of a grant recipient.
            (4) Administration.--
                    (A) In general.--Not later than 300 days after the 
                date of enactment of this Act, the Secretary shall 
                select grant recipients under this section.
                    (B) Evaluations.--The Secretary shall annually 
                carry out an evaluation of each project for which a 
                grant is provided under this section that--
                            (i) evaluates the progress and impact of 
                        the project; and
                            (ii) assesses the degree to which the 
                        project is meeting the goals of the pilot 
                        program.
                    (C) Technical and policy assistance.--On the 
                request of a grant recipient, the Secretary shall 
                provide technical and policy assistance to the grant 
                recipient to carry out the project.
                    (D) Best practices.--The Secretary shall make 
                available to the public--
                            (i) a copy of each evaluation carried out 
                        under subparagraph (B); and
                            (ii) a description of any best practices 
                        identified by the Secretary as a result of 
                        those evaluations.
                    (E) Report to congress.--The Secretary shall submit 
                to Congress a report containing the results of each 
                evaluation carried out under subparagraph (B).
    (c) Funding.--To carry out this section, the Secretary is 
authorized to use not more than $15,000,000, to the extent provided in 
advance in appropriation Acts.

SEC. 3162. WATERSENSE.

    (a) In General.--The Energy Policy and Conservation Act (42 U.S.C. 
6201 et seq.) is amended by adding after section 324A the following:

``SEC. 324B. WATERSENSE.

    ``(a) WaterSense.--
            ``(1) In general.--There is established within the 
        Environmental Protection Agency a voluntary program, to be 
        entitled `WaterSense', to identify water efficient products, 
        buildings, landscapes, facilities, processes, and services that 
        sensibly--
                    ``(A) reduce water use;
                    ``(B) reduce the strain on public and community 
                water systems and wastewater and stormwater 
                infrastructure;
                    ``(C) conserve energy used to pump, heat, 
                transport, and treat water; and
                    ``(D) preserve water resources for future 
                generations, through voluntary labeling of, or other 
                forms of communications about, products, buildings, 
                landscapes, facilities, processes, and services while 
                still meeting strict performance criteria.
            ``(2) Duties.--The Administrator, coordinating as 
        appropriate with the Secretary of Energy, shall--
                    ``(A) establish--
                            ``(i) a WaterSense label to be used for 
                        items meeting the certification criteria 
                        established in this section; and
                            ``(ii) the procedure, including the methods 
                        and means, by which an item may be certified to 
                        display the WaterSense label;
                    ``(B) conduct a public awareness education campaign 
                regarding the WaterSense label;
                    ``(C) preserve the integrity of the WaterSense 
                label by--
                            ``(i) establishing and maintaining feasible 
                        performance criteria so that products, 
                        buildings, landscapes, facilities, processes, 
                        and services labeled with the WaterSense label 
                        perform as well or better than less water-
                        efficient counterparts;
                            ``(ii) overseeing WaterSense certifications 
                        made by third parties;
                            ``(iii) using testing protocols, from the 
                        appropriate, applicable, and relevant consensus 
                        standards, for the purpose of determining 
                        standards compliance; and
                            ``(iv) auditing the use of the WaterSense 
                        label in the marketplace and preventing cases 
                        of misuse; and
                    ``(D) not more often than every six years, review 
                and, if appropriate, update WaterSense criteria for the 
                defined categories of water-efficient product, 
                building, landscape, process, or service, including--
                            ``(i) providing reasonable notice to 
                        interested parties and the public of any such 
                        changes, including effective dates, and an 
                        explanation of the changes;
                            ``(ii) soliciting comments from interested 
                        parties and the public prior to any such 
                        changes;
                            ``(iii) as appropriate, responding to 
                        comments submitted by interested parties and 
                        the public; and
                            ``(iv) providing an appropriate transition 
                        time prior to the applicable effective date of 
                        any such changes, taking into account the 
                        timing necessary for the manufacture, 
                        marketing, training, and distribution of the 
                        specific water-efficient product, building, 
                        landscape, process, or service category being 
                        addressed.
    ``(b) Use of Science.--In carrying out this section, and, to the 
degree that an agency action is based on science, the Administrator 
shall use--
            ``(1) the best available peer-reviewed science and 
        supporting studies conducted in accordance with sound and 
        objective scientific practices; and
            ``(2) data collected by accepted methods or best available 
        methods (if the reliability of the method and the nature of the 
        decision justify use of the data).
    ``(c) Distinction of Authorities.--In setting or maintaining 
standards for Energy Star pursuant to section 324A, and WaterSense 
under this section, the Secretary and Administrator shall coordinate to 
prevent duplicative or conflicting requirements among the respective 
programs.
    ``(d) Definitions.--In this section:
            ``(1) Administrator.--The term `Administrator' means the 
        Administrator of the Environmental Protection Agency.
            ``(2) Feasible.--The term `feasible' means feasible with 
        the use of the best technology, treatment techniques, and other 
        means that the Administrator finds, after examination for 
        efficacy under field conditions and not solely under laboratory 
        conditions, are available (taking cost into consideration).
            ``(3) Secretary.--The term `Secretary' means the Secretary 
        of Energy.
            ``(4) Water-efficient product, building, landscape, 
        process, or service.--The term `water-efficient product, 
        building, landscape, process, or service' means a product, 
        building, landscape, process, or service for a residence or a 
        commercial or institutional building, or its landscape, that is 
        rated for water efficiency and performance, the covered 
        categories of which are--
                    ``(A) irrigation technologies and services;
                    ``(B) point-of-use water treatment devices;
                    ``(C) plumbing products;
                    ``(D) reuse and recycling technologies;
                    ``(E) landscaping and gardening products, including 
                moisture control or water enhancing technologies;
                    ``(F) xeriscaping and other landscape conversions 
                that reduce water use; and
                    ``(G) new water efficient homes certified under the 
                WaterSense program.''.
    (b) Conforming Amendment.--The table of contents for the Energy 
Policy and Conservation Act (Public Law 94-163; 42 U.S.C. 6201 et seq.) 
is amended by inserting after the item relating to section 324A the 
following new item:

``Sec. 324B. WaterSense.''.

                       Subtitle B--Accountability

      CHAPTER 1--MARKET MANIPULATION, ENFORCEMENT, AND COMPLIANCE

SEC. 3211. FERC OFFICE OF COMPLIANCE ASSISTANCE AND PUBLIC 
              PARTICIPATION.

    Section 319 of the Federal Power Act (16 U.S.C. 825q-1) is amended 
to read as follows:

``SEC. 319. OFFICE OF COMPLIANCE ASSISTANCE AND PUBLIC PARTICIPATION.

    ``(a) Establishment.--There is established within the Commission an 
Office of Compliance Assistance and Public Participation (referred to 
in this section as the `Office'). The Office shall be headed by a 
Director.
    ``(b) Duties of Director.--
            ``(1) In general.--The Director of the Office shall promote 
        improved compliance with Commission rules and orders by--
                    ``(A) making recommendations to the Commission 
                regarding--
                            ``(i) the protection of consumers;
                            ``(ii) market integrity and support for the 
                        development of responsible market behavior;
                            ``(iii) the application of Commission rules 
                        and orders in a manner that ensures that--
                                    ``(I) rates and charges for, or in 
                                connection with, the transmission or 
                                sale of electric energy subject to the 
                                jurisdiction of the Commission shall be 
                                just and reasonable and not unduly 
                                discriminatory or preferential; and
                                    ``(II) markets for such 
                                transmission and sale of electric 
                                energy are not impaired and consumers 
                                are not damaged; and
                            ``(iv) the impact of existing and proposed 
                        Commission rules and orders on small entities, 
                        as defined in section 601 of title 5, United 
                        States Code (commonly known as the Regulatory 
                        Flexibility Act);
                    ``(B) providing entities subject to regulation by 
                the Commission the opportunity to obtain timely 
                guidance for compliance with Commission rules and 
                orders; and
                    ``(C) providing information to the Commission and 
                Congress to inform policy with respect to energy issues 
                under the jurisdiction of the Commission.
            ``(2) Reports and guidance.--The Director shall, as the 
        Director determines appropriate, issue reports and guidance to 
        the Commission and to entities subject to regulation by the 
        Commission, regarding market practices, proposing improvements 
        in Commission monitoring of market practices, and addressing 
        potential improvements to both industry and Commission 
        practices.
            ``(3) Outreach.--The Director shall promote improved 
        compliance with Commission rules and orders through outreach, 
        publications, and, where appropriate, direct communication with 
        entities regulated by the Commission.''.

                       CHAPTER 2--MARKET REFORMS

SEC. 3221. GAO STUDY ON WHOLESALE ELECTRICITY MARKETS.

    (a) Study and Report.--Not later than 1 year after the date of 
enactment of this Act, the Comptroller General shall submit to the 
Committee on Energy and Commerce of the House of Representatives and 
the Committee on Energy and Natural Resources of the Senate a report 
describing the results of a study of whether and how the current market 
rules, practices, and structures of each regional transmission entity 
produce rates that are just and reasonable by--
            (1) facilitating fuel diversity, the availability of 
        generation resources during emergency and severe weather 
        conditions, resource adequacy, and reliability, including the 
        cost-effective retention and development of needed generation;
            (2) promoting the equitable treatment of business models, 
        including different utility types, the integration of diverse 
        generation resources, and advanced grid technologies;
            (3) identifying and addressing regulatory barriers to 
        entry, market-distorting incentives, and artificial constraints 
        on competition;
            (4) providing transparency regarding dispatch decisions, 
        including the need for out-of-market actions and payments, and 
        the accuracy of day-ahead unit commitments;
            (5) facilitating the development of necessary natural gas 
        pipeline and electric transmission infrastructure;
            (6) ensuring fairness and transparency in governance 
        structures and stakeholder processes, including meaningful 
        participation by both voting and nonvoting stakeholder 
        representatives;
            (7) ensuring the proper alignment of the energy and 
        transmission markets by including both energy and financial 
        transmission rights in the day-ahead markets;
            (8) facilitating the ability of load-serving entities to 
        self-supply their service territory load;
            (9) considering, as appropriate, State and local resource 
        planning; and
            (10) mitigating, to the extent practicable, the disruptive 
        effects of tariff revisions on the economic decisionmaking of 
        market participants.
    (b) Definitions.--In this section:
            (1) Load-serving entity.--The term ``load-serving entity'' 
        has the meaning given that term in section 217 of the Federal 
        Power Act (16 U.S.C. 824q).
            (2) Regional transmission entity.--The term ``regional 
        transmission entity'' means a Regional Transmission 
        Organization or an Independent System Operator, as such terms 
        are defined in section 3 of the Federal Power Act (16 U.S.C. 
        796).

SEC. 3222. CLARIFICATION OF FACILITY MERGER AUTHORIZATION.

    Section 203(a)(1)(B) of the Federal Power Act (16 U.S.C. 
824b(a)(1)(B)) is amended by striking ``such facilities or any part 
thereof'' and inserting ``such facilities, or any part thereof, of a 
value in excess of $10,000,000''.

                      CHAPTER 3--CODE MAINTENANCE

SEC. 3231. REPEAL OF OFF-HIGHWAY MOTOR VEHICLES STUDY.

    (a) Repeal.--Part I of title III of the Energy Policy and 
Conservation Act (42 U.S.C. 6373) is repealed.
    (b) Conforming Amendment.--The table of contents for the Energy 
Policy and Conservation Act (Public Law 94-163; 89 Stat. 871) is 
amended--
            (1) by striking the item relating to part I of title III; 
        and
            (2) by striking the item relating to section 385.

SEC. 3232. REPEAL OF METHANOL STUDY.

    Section 400EE of the Energy Policy and Conservation Act (42 U.S.C. 
6374d) is amended--
            (1) by striking subsection (a); and
            (2) by redesignating subsections (b) and (c) as subsections 
        (a) and (b), respectively.

SEC. 3233. REPEAL OF RESIDENTIAL ENERGY EFFICIENCY STANDARDS STUDY.

    (a) Repeal.--Section 253 of the National Energy Conservation Policy 
Act (42 U.S.C. 8232) is repealed.
    (b) Conforming Amendment.--The table of contents for the National 
Energy Conservation Policy Act (Public Law 95-619; 92 Stat. 3206) is 
amended by striking the item relating to section 253.

SEC. 3234. REPEAL OF WEATHERIZATION STUDY.

    (a) Repeal.--Section 254 of the National Energy Conservation Policy 
Act (42 U.S.C. 8233) is repealed.
    (b) Conforming Amendment.--The table of contents for the National 
Energy Conservation Policy Act (Public Law 95-619; 92 Stat. 3206) is 
amended by striking the item relating to section 254.

SEC. 3235. REPEAL OF REPORT TO CONGRESS.

    (a) Repeal.--Section 273 of the National Energy Conservation Policy 
Act (42 U.S.C. 8236b) is repealed.
    (b) Conforming Amendment.--The table of contents for the National 
Energy Conservation Policy Act (Public Law 95-619; 92 Stat. 3206) is 
amended by striking the item relating to section 273.

SEC. 3236. REPEAL OF REPORT BY GENERAL SERVICES ADMINISTRATION.

    (a) Repeal.--Section 154 of the Energy Policy Act of 1992 (42 
U.S.C. 8262a) is repealed.
    (b) Conforming Amendments.--
            (1) The table of contents for the Energy Policy Act of 1992 
        (Public Law 102-486; 106 Stat. 2776) is amended by striking the 
        item relating to section 154.
            (2) Section 159 of the Energy Policy Act of 1992 (42 U.S.C. 
        8262e) is amended by striking subsection (c).

SEC. 3237. REPEAL OF INTERGOVERNMENTAL ENERGY MANAGEMENT PLANNING AND 
              COORDINATION WORKSHOPS.

    (a) Repeal.--Section 156 of the Energy Policy Act of 1992 (42 
U.S.C. 8262b) is repealed.
    (b) Conforming Amendment.--The table of contents for the Energy 
Policy Act of 1992 (Public Law 102-486; 106 Stat. 2776) is amended by 
striking the item relating to section 156.

SEC. 3238. REPEAL OF INSPECTOR GENERAL AUDIT SURVEY AND PRESIDENT'S 
              COUNCIL ON INTEGRITY AND EFFICIENCY REPORT TO CONGRESS.

    (a) Repeal.--Section 160 of the Energy Policy Act of 1992 (42 
U.S.C. 8262f) is amended by striking the section designation and 
heading and all that follows through ``(c) Inspector General Review.--
Each Inspector General'' and inserting the following:

``SEC. 160. INSPECTOR GENERAL REVIEW.

    ``Each Inspector General''.
    (b) Conforming Amendment.--The table of contents for the Energy 
Policy Act of 1992 (Public Law 102-486; 106 Stat. 2776) is amended by 
striking the item relating to section 160 and inserting the following:

``Sec. 160. Inspector General review.''.

SEC. 3239. REPEAL OF PROCUREMENT AND IDENTIFICATION OF ENERGY EFFICIENT 
              PRODUCTS PROGRAM.

    (a) Repeal.--Section 161 of the Energy Policy Act of 1992 (42 
U.S.C. 8262g) is repealed.
    (b) Conforming Amendment.--The table of contents for the Energy 
Policy Act of 1992 (Public Law 102-486; 106 Stat. 2776) is amended by 
striking the item relating to section 161.

SEC. 3240. REPEAL OF NATIONAL ACTION PLAN FOR DEMAND RESPONSE.

    (a) Repeal.--Part 5 of title V of the National Energy Conservation 
Policy Act (42 U.S.C. 8279) is repealed.
    (b) Conforming Amendment.--The table of contents for the National 
Energy Conservation Policy Act (Public Law 95-619; 92 Stat. 3206; 121 
Stat. 1665) is amended--
            (1) by striking the item relating to part 5 of title V; and
            (2) by striking the item relating to section 571.

SEC. 3241. REPEAL OF NATIONAL COAL POLICY STUDY.

    (a) Repeal.--Section 741 of the Powerplant and Industrial Fuel Use 
Act of 1978 (42 U.S.C. 8451) is repealed.
    (b) Conforming Amendment.--The table of contents for the Powerplant 
and Industrial Fuel Use Act of 1978 (Public Law 95-620; 92 Stat. 3289) 
is amended by striking the item relating to section 741.

SEC. 3242. REPEAL OF STUDY ON COMPLIANCE PROBLEM OF SMALL ELECTRIC 
              UTILITY SYSTEMS.

    (a) Repeal.--Section 744 of the Powerplant and Industrial Fuel Use 
Act of 1978 (42 U.S.C. 8454) is repealed.
    (b) Conforming Amendment.--The table of contents for the Powerplant 
and Industrial Fuel Use Act of 1978 (Public Law 95-620; 92 Stat. 3289) 
is amended by striking the item relating to section 744.

SEC. 3243. REPEAL OF STUDY OF SOCIOECONOMIC IMPACTS OF INCREASED COAL 
              PRODUCTION AND OTHER ENERGY DEVELOPMENT.

    (a) Repeal.--Section 746 of the Powerplant and Industrial Fuel Use 
Act of 1978 (42 U.S.C. 8456) is repealed.
    (b) Conforming Amendment.--The table of contents for the Powerplant 
and Industrial Fuel Use Act of 1978 (Public Law 95-620; 92 Stat. 3289) 
is amended by striking the item relating to section 746.

SEC. 3244. REPEAL OF STUDY OF THE USE OF PETROLEUM AND NATURAL GAS IN 
              COMBUSTORS.

    (a) Repeal.--Section 747 of the Powerplant and Industrial Fuel Use 
Act of 1978 (42 U.S.C. 8457) is repealed.
    (b) Conforming Amendment.--The table of contents for the Powerplant 
and Industrial Fuel Use Act of 1978 (Public Law 95-620; 92 Stat. 3289) 
is amended by striking the item relating to section 747.

SEC. 3245. REPEAL OF SUBMISSION OF REPORTS.

    (a) Repeal.--Section 807 of the Powerplant and Industrial Fuel Use 
Act of 1978 (42 U.S.C. 8483) is repealed.
    (b) Conforming Amendment.--The table of contents for the Powerplant 
and Industrial Fuel Use Act of 1978 (Public Law 95-620; 92 Stat. 3289) 
is amended by striking the item relating to section 807.

SEC. 3246. REPEAL OF ELECTRIC UTILITY CONSERVATION PLAN.

    (a) Repeal.--Section 808 of the Powerplant and Industrial Fuel Use 
Act of 1978 (42 U.S.C. 8484) is repealed.
    (b) Conforming Amendments.--
            (1) Table of contents.--The table of contents for the 
        Powerplant and Industrial Fuel Use Act of 1978 (Public Law 95-
        620; 92 Stat. 3289) is amended by striking the item relating to 
        section 808.
            (2) Report on implementation.--Section 712 of the 
        Powerplant and Industrial Fuel Use Act of 1978 (42 U.S.C. 8422) 
        is amended--
                    (A) by striking ``(a) Generally.--''; and
                    (B) by striking subsection (b).

SEC. 3247. TECHNICAL AMENDMENT TO POWERPLANT AND INDUSTRIAL FUEL USE 
              ACT OF 1978.

    The table of contents for the Powerplant and Industrial Fuel Use 
Act of 1978 (Public Law 95-620; 92 Stat. 3289) is amended by striking 
the item relating to section 742.

SEC. 3248. EMERGENCY ENERGY CONSERVATION REPEALS.

    (a) Repeals.--
            (1) Section 201 of the Emergency Energy Conservation Act of 
        1979 (42 U.S.C. 8501) is amended--
                    (A) in the section heading, by striking ``findings 
                and'';
                    (B) by striking subsection (a); and
                    (C) by striking ``(b) Purposes.--''.
            (2) Section 221 of the Emergency Energy Conservation Act of 
        1979 (42 U.S.C. 8521) is repealed.
            (3) Section 222 of the Emergency Energy Conservation Act of 
        1979 (42 U.S.C. 8522) is repealed.
            (4) Section 241 of the Emergency Energy Conservation Act of 
        1979 (42 U.S.C. 8531) is repealed.
    (b) Conforming Amendment.--The table of contents for the Emergency 
Energy Conservation Act of 1979 (Public Law 96-102; 93 Stat. 749) is 
amended--
            (1) by striking the item relating to section 201 and 
        inserting the following:

``Sec. 201. Purposes.''; and
            (2) by striking the items relating to sections 221, 222, 
        and 241.

SEC. 3249. REPEAL OF STATE UTILITY REGULATORY ASSISTANCE.

    (a) Repeal.--Section 207 of the Energy Conservation and Production 
Act (42 U.S.C. 6807) is repealed.
    (b) Conforming Amendment.--The table of contents for the Energy 
Conservation and Production Act (Public Law 94-385; 90 Stat. 1125) is 
amended by striking the item relating to section 207.

SEC. 3250. REPEAL OF SURVEY OF ENERGY SAVING POTENTIAL.

    (a) Repeal.--Section 550 of the National Energy Conservation Policy 
Act (42 U.S.C. 8258b) is repealed.
    (b) Conforming Amendments.--
            (1) The table of contents for the National Energy 
        Conservation Policy Act (Public Law 95-619; 92 Stat. 3206; 106 
        Stat. 2851) is amended by striking the item relating to section 
        550.
            (2) Section 543(d)(2) of the National Energy Conservation 
        Policy Act (42 U.S.C. 8253(d)(2)) is amended by striking ``, 
        incorporating any relevant information obtained from the survey 
        conducted pursuant to section 550''.

SEC. 3251. REPEAL OF PHOTOVOLTAIC ENERGY PROGRAM.

    (a) Repeal.--Part 4 of title V of the National Energy Conservation 
Policy Act (42 U.S.C. 8271 et seq.) is repealed.
    (b) Conforming Amendments.--The table of contents for the National 
Energy Conservation Policy Act (Public Law 95-619; 92 Stat. 3206) is 
amended--
            (1) by striking the item relating to part 4 of title V; and
            (2) by striking the items relating to sections 561 through 
        570.

SEC. 3252. REPEAL OF ENERGY AUDITOR TRAINING AND CERTIFICATION.

    (a) Repeal.--Subtitle F of title V of the Energy Security Act (42 
U.S.C. 8285 et seq.) is repealed.
    (b) Conforming Amendment.--The table of contents for the Energy 
Security Act (Public Law 96-294; 94 Stat. 611) is amended by striking 
the items relating to subtitle F of title V.

                        CHAPTER 4--AUTHORIZATION

SEC. 3261 AUTHORIZATION.

    There are authorized to be appropriated, out of funds authorized 
under previously enacted laws, amounts required for carrying out this 
division and the amendments made by this division.

             TITLE IV--CHANGING CRUDE OIL MARKET CONDITIONS

SEC. 4001. FINDINGS.

    The Congress finds the following:
            (1) The United States has enjoyed a renaissance in energy 
        production, establishing the United States as the world's 
        leading oil producer.
            (2) By authorizing crude oil exports, the Congress can spur 
        domestic energy production, create and preserve jobs, help 
        maintain and strengthen our independent shipping fleet that is 
        essential to national defense, and generate State and Federal 
        revenues.
            (3) An energy-secure United States that is a net exporter 
        of energy has the potential to transform the security 
        environment around the world, notably in Europe and the Middle 
        East.
            (4) For our European allies and Israel, the presence of 
        more United States oil in the market will offer more secure 
        supply options, which will strengthen United States strategic 
        alliances and help curtail the use of energy as a political 
        weapon.
            (5) The 60-ship Maritime Security Fleet is a vital element 
        of our military's strategic sealift and global response 
        capability. It assures United States-flag ships and United 
        States crews will be available to support the United States 
        military when it needs to mobilize to protect our allies, and 
        is the most prudent and economical solution to meet current and 
        projected sealift requirements for the United States.
            (6) The Maritime Security Fleet program provides a labor 
        base of skilled American mariners who are available to crew the 
        United States Government-owned strategic sealift fleet, as well 
        as the United States commercial fleet, in both peace and war.
            (7) The United States has reduced its oil consumption over 
        the past decade, and increasing investment in clean energy 
        technology and energy efficiency will lower energy prices, 
        reduce greenhouse gas emissions, and increase national 
        security.

SEC. 4002. REPEAL.

    Section 103 of the Energy Policy and Conservation Act (42 U.S.C. 
6212) and the item relating thereto in the table of contents of that 
Act are repealed.

SEC. 4003. NATIONAL POLICY ON OIL EXPORT RESTRICTIONS.

    Notwithstanding any other provision of law, to promote the 
efficient exploration, production, storage, supply, marketing, pricing, 
and regulation of energy resources, including fossil fuels, no official 
of the Federal Government shall impose or enforce any restriction on 
the export of crude oil.

SEC. 4004. STUDIES.

    (a) Greenhouse Gas Emissions.--Not later than 120 days after the 
date of enactment of this Act, the Secretary of Energy shall conduct, 
and transmit to the Committee on Energy and Commerce of the House of 
Representatives and the Committee on Energy and Natural Resources of 
the Senate the results of, a study on the net greenhouse gas emissions 
that will result from the repeal of the crude oil export ban under 
section 4002.
    (b) Crude Oil Export Study.--
            (1) In general.--The Department of Commerce, in 
        consultation with the Department of Energy, and other 
        departments as appropriate, shall conduct a study of the State 
        and national implications of lifting the crude oil export ban 
        with respect to consumers and the economy.
            (2) Contents.--The study conducted under paragraph (1) 
        shall include an analysis of--
                    (A) the economic impact that exporting crude oil 
                will have on the economy of the United States;
                    (B) the economic impact that exporting crude oil 
                will have on consumers, taking into account impacts on 
                energy prices;
                    (C) the economic impact that exporting crude oil 
                will have on domestic manufacturing, taking into 
                account impacts on employment; and
                    (D) the economic impact that exporting crude oil 
                will have on the refining sector, taking into account 
                impacts on employment.
            (3) Report to congress.--Not later than 1 year after the 
        date of enactment of this Act, the Bureau of Industry and 
        Security shall submit to Congress a report containing the 
        results of the study conducted under paragraph (1).

SEC. 4005. SAVINGS CLAUSE.

    Nothing in this title limits the authority of the President under 
the Constitution, the International Emergency Economic Powers Act (50 
U.S.C. 1701 et seq.), the National Emergencies Act (50 U.S.C. 1601 et 
seq.), part B of title II of the Energy Policy and Conservation Act (42 
U.S.C. 6271 et seq.), the Trading With the Enemy Act (50 U.S.C. App. 1 
et seq.), or any other provision of law that imposes sanctions on a 
foreign person or foreign government (including any provision of law 
that prohibits or restricts United States persons from engaging in a 
transaction with a sanctioned person or government), including a 
foreign government that is designated as a state sponsor of terrorism, 
to prohibit exports.

SEC. 4006. PARTNERSHIPS WITH MINORITY SERVING INSTITUTIONS.

    (a) In General.--The Department of Energy shall continue to develop 
and broaden partnerships with minority serving institutions, including 
Hispanic Serving Institutions (HSI) and Historically Black Colleges and 
Universities (HBCUs) in the areas of oil and gas exploration, 
production, midstream, and refining.
    (b) Public-Private Partnerships.--The Department of Energy shall 
encourage public-private partnerships between the energy sector and 
minority serving institutions, including Hispanic Serving Institutions 
and Historically Black Colleges and Universities.

SEC. 4007. REPORT.

    Not later than 10 years after the date of enactment of this Act, 
the Secretary of Energy and the Secretary of Commerce shall jointly 
transmit to Congress a report that reviews the impact of lifting the 
oil export ban under this title as it relates to promoting United 
States energy and national security.

SEC. 4008. REPORT TO CONGRESS.

    Not later than 180 days after the date of enactment of this Act, 
the Secretary of Energy and the Secretary of Commerce shall jointly 
transmit to Congress a report analyzing how lifting the ban on crude 
oil exports will help create opportunities for veterans and women in 
the United States, while promoting energy and national security.

SEC. 4009. PROHIBITION ON EXPORTS OF CRUDE OIL, REFINED PETROLEUM 
              PRODUCTS, AND PETROCHEMICAL PRODUCTS TO THE ISLAMIC 
              REPUBLIC OF IRAN.

    Nothing in this title shall be construed to authorize the export of 
crude oil, refined petroleum products, and petrochemical products by or 
through any entity or person, wherever located, subject to the 
jurisdiction of the United States to any entity or person located in, 
subject to the jurisdiction of, or sponsored by the Islamic Republic of 
Iran.

                         TITLE V--OTHER MATTERS

SEC. 5001. ASSESSMENT OF REGULATORY REQUIREMENTS.

    (a) In General.--Not later than 30 days after the date of enactment 
of this Act, the Administrator of the Environmental Protection Agency 
shall ensure that the requirements described in subsection (b) are 
satisfied.
    (b) Requirements.--The Administrator shall satisfy--
            (1) section 4 of Executive Order No. 12866 (5 U.S.C. 601 
        note) (relating to regulatory planning and review) and 
        Executive Order No. 13563 (5 U.S.C. 601 note) (relating to 
        improving regulation and regulatory review) (or any successor 
        Executive order establishing requirements applicable to the 
        uniform reporting of regulatory and deregulatory agendas);
            (2) section 602 of title 5, United States Code;
            (3) section 8 of Executive Order No. 13132 (5 U.S.C. 601 
        note) (relating to federalism); and
            (4) section 202(a) of the Unfunded Mandates Reform Act of 
        1995 (2 U.S.C. 1532(a)).

SEC. 5002. DEFINITIONS.

    In this title:
            (1) Covered civil action.--The term ``covered civil 
        action'' means a civil action containing a claim under section 
        702 of title 5, United States Code, regarding agency action (as 
        defined for the purposes of that section) affecting a covered 
        energy project on Federal land.
            (2) Covered energy project.--
                    (A) In general.--The term ``covered energy 
                project'' means--
                            (i) the leasing of Federal land for the 
                        exploration, development, production, 
                        processing, or transmission of oil, natural 
                        gas, coal, geothermal, hydroelectric, biomass, 
                        solar, or any other source of energy; and
                            (ii) any action under the lease.
                    (B) Exclusion.--The term ``covered energy project'' 
                does not include any dispute between the parties to a 
                lease regarding the obligations under the lease, 
                including any alleged breach of the lease.

SEC. 5003. EXCLUSIVE VENUE FOR CERTAIN CIVIL ACTIONS RELATING TO 
              COVERED ENERGY PROJECTS.

    Venue for any covered civil action shall lie in the United States 
district court in which the covered energy project or lease exists or 
is proposed.

SEC. 5004. TIMELY FILING.

    To ensure timely redress by the courts, a covered civil action 
shall be filed not later than the end of the 90-day period beginning on 
the date of the final Federal agency action to which the covered civil 
action relates.

SEC. 5005. EXPEDITION IN HEARING AND DETERMINING THE ACTION.

    The court shall endeavor to hear and determine any covered civil 
action as expeditiously as practicable.

SEC. 5006. LIMITATION ON INJUNCTION AND PROSPECTIVE RELIEF.

    (a) In General.--In a covered civil action, a court shall not grant 
or approve any prospective relief unless the court finds that the 
relief--
            (1) is narrowly drawn;
            (2) extends no further than necessary to correct the 
        violation of a legal requirement; and
            (3) is the least intrusive means necessary to correct the 
        violation.
    (b) Duration.--
            (1) In general.--A court shall limit the duration of 
        preliminary injunctions to halt covered energy projects to not 
        more than 60 days, unless the court finds clear reasons to 
        extend the injunction.
            (2) Administration.--In the case of an extension, the 
        extension shall--
                    (A) only be in 30-day increments; and
                    (B) require action by the court to renew the 
                injunction.
    (c) In General.--Sections 504 of title 5 and 2412 of title 28, 
United States Code (commonly known as the ``Equal Access to Justice 
Act''), shall not apply to a covered civil action.
    (d) Court Costs.--A party to a covered civil action shall not 
receive payment from the Federal Government for the attorneys' fees, 
expenses, or other court costs incurred by the party.

SEC. 5007. LEGAL STANDING.

    A challenger that files an appeal with the Department of the 
Interior Board of Land Appeals shall meet the same standing 
requirements as a challenger before a United States district court.

SEC. 5008. STUDY TO IDENTIFY LEGAL AND REGULATORY BARRIERS THAT DELAY, 
              PROHIBIT, OR IMPEDE THE EXPORT OF NATURAL ENERGY 
              RESOURCES.

    Not later than 1 year after the date of enactment of this Act, the 
Secretary of Energy and the Secretary of Commerce shall jointly 
transmit to the Committee on Energy and Commerce and the Committee on 
Natural Resources of the House of Representatives, and the Committee on 
Commerce, Science, and Transportation and the Committee on Energy and 
Natural Resources of the Senate, the results of a study to--
            (1) identify legal and regulatory barriers that delay, 
        prohibit, or impede the export of natural energy resources, 
        including government and technical (physical or market) 
        barriers that hinder coal, natural gas, oil, and other energy 
        exports; and
            (2) estimate the economic impacts of such barriers.

SEC. 5009. STUDY OF VOLATILITY OF CRUDE OIL.

    Not later than 1 year after the date of enactment of this Act, the 
Secretary of Energy shall transmit to Congress the results of a study 
to determine the maximum level of volatility that is consistent with 
the safest practicable shipment of crude oil by rail.

SEC. 5010. SMART METER PRIVACY RIGHTS.

    (a) Electrical Corporation or Gas Corporations.--
            (1) For purposes of this section, ``electrical or gas 
        consumption data'' means data about a customer's electrical or 
        natural gas usage that is made available as part of an advanced 
        metering infrastructure, and includes the name, account number, 
        or residence of the customer.
            (2)(A) An electrical corporation or gas corporation shall 
        not share, disclose, or otherwise make accessible to any third 
        party a customer's electrical or gas consumption data, except 
        as provided in subsection (a)(5) or upon the consent of the 
        customer.
            (B) An electrical corporation or gas corporation shall not 
        sell a customer's electrical or gas consumption data or any 
        other personally identifiable information for any purpose.
            (C) The electrical corporation or gas corporation or its 
        contractors shall not provide an incentive or discount to the 
        customer for accessing the customer's electrical or gas 
        consumption data without the prior consent of the customer.
            (D) An electrical or gas corporation that utilizes an 
        advanced metering infrastructure that allows a customer to 
        access the customer's electrical and gas consumption data shall 
        ensure that the customer has an option to access that data 
        without being required to agree to the sharing of his or her 
        personally identifiable information, including electrical or 
        gas consumption data, with a third party.
            (3) If an electrical corporation or gas corporation 
        contracts with a third party for a service that allows a 
        customer to monitor his or her electricity or gas usage, and 
        that third party uses the data for a secondary commercial 
        purpose, the contract between the electrical corporation or gas 
        corporation and the third party shall provide that the third 
        party prominently discloses that secondary commercial purpose 
        to the customer.
            (4) An electrical corporation or gas corporation shall use 
        reasonable security procedures and practices to protect a 
        customer's unencrypted electrical or gas consumption data from 
        unauthorized access, destruction, use, modification, or 
        disclosure.
            (5)(A) Nothing in this section shall preclude an electrical 
        corporation or gas corporation from using customer aggregate 
        electrical or gas consumption data for analysis, reporting, or 
        program management if all information has been removed 
        regarding the individual identity of a customer.
            (B) Nothing in this section shall preclude an electrical 
        corporation or gas corporation from disclosing a customer's 
        electrical or gas consumption data to a third party for system, 
        grid, or operational needs, or the implementation of demand 
        response, energy management, or energy efficiency programs, 
        provided that, for contracts entered into after January 1, 
        2016, the utility has required by contract that the third party 
        implement and maintain reasonable security procedures and 
        practices appropriate to the nature of the information, to 
        protect the personal information from unauthorized access, 
        destruction, use, modification, or disclosure, and prohibits 
        the use of the data for a secondary commercial purpose not 
        related to the primary purpose of the contract without the 
        customer's consent.
            (C) Nothing in this section shall preclude an electrical 
        corporation or gas corporation from disclosing electrical or 
        gas consumption data as required or permitted under State or 
        Federal law or by an order of a State public utility 
        commission.
            (6) If a customer chooses to disclose his or her electrical 
        or gas consumption data to a third party that is unaffiliated 
        with, and has no other business relationship with, the 
        electrical or gas corporation, the electrical or gas 
        corporation shall not be responsible for the security of that 
        data, or its use or misuse.
    (b) Local Publicly Owned Electric Utilities.--
            (1) For purposes of this section, ``electrical consumption 
        data'' means data about a customer's electrical usage that is 
        made available as part of an advanced metering infrastructure, 
        and includes the name, account number, or residence of the 
        customer.
            (2)(A) A local publicly owned electric utility shall not 
        share, disclose, or otherwise make accessible to any third 
        party a customer's electrical consumption data, except as 
        provided in subsection (b) (5) or upon the consent of the 
        customer.
            (B) A local publicly owned electric utility shall not sell 
        a customer's electrical consumption data or any other 
        personally identifiable information for any purpose.
            (C) The local publicly owned electric utility or its 
        contractors shall not provide an incentive or discount to the 
        customer for accessing the customer's electrical consumption 
        data without the prior consent of the customer.
            (D) A local publicly owned electric utility that utilizes 
        an advanced metering infrastructure that allows a customer to 
        access the customer's electrical consumption data shall ensure 
        that the customer has an option to access that data without 
        being required to agree to the sharing of his or her personally 
        identifiable information, including electrical consumption 
        data, with a third party.
            (3) If a local publicly owned electric utility contracts 
        with a third party for a service that allows a customer to 
        monitor his or her electricity usage, and that third party uses 
        the data for a secondary commercial purpose, the contract 
        between the local publicly owned electric utility and the third 
        party shall provide that the third party prominently discloses 
        that secondary commercial purpose to the customer.
            (4) A local publicly owned electric utility shall use 
        reasonable security procedures and practices to protect a 
        customer's unencrypted electrical consumption data from 
        unauthorized access, destruction, use, modification, or 
        disclosure, and prohibits the use of the data for a secondary 
        commercial purpose not related to the primary purpose of the 
        contract without the customer's consent.
            (5)(A) Nothing in this section shall preclude a local 
        publicly owned electric utility from using customer aggregate 
        electrical consumption data for analysis, reporting, or program 
        management if all information has been removed regarding the 
        individual identity of a customer.
            (B) Nothing in this section shall preclude a local publicly 
        owned electric utility from disclosing a customer's electrical 
        consumption data to a third party for system, grid, or 
        operational needs, or the implementation of demand response, 
        energy management, or energy efficiency programs, provided, for 
        contracts entered into after January 1, 2016, that the utility 
        has required by contract that the third party implement and 
        maintain reasonable security procedures and practices 
        appropriate to the nature of the information, to protect the 
        personal information from unauthorized access, destruction, 
        use, modification, or disclosure.
            (C) Nothing in this section shall preclude a local publicly 
        owned electric utility from disclosing electrical consumption 
        data as required under State or Federal law.
            (6) If a customer chooses to disclose his or her electrical 
        consumption data to a third party that is unaffiliated with, 
        and has no other business relationship with, the local publicly 
        owned electric utility, the utility shall not be responsible 
        for the security of that data, or its use or misuse.

SEC. 5011. YOUTH ENERGY ENTERPRISE COMPETITION.

    The Secretaries of Energy and Commerce shall jointly establish an 
energy enterprise competition to encourage youth to propose solutions 
to the energy challenges of the United States and to promote youth 
interest in careers in science, technology, engineering, and math, 
especially as those fields relate to energy.

SEC. 5012. MODERNIZATION OF TERMS RELATING TO MINORITIES.

    (a) Office of Minority Economic Impact.--Section 211(f)(1) of the 
Department of Energy Organization Act (42 U.S.C. 7141(f)(1)) is amended 
by striking ``a Negro, Puerto Rican, American Indian, Eskimo, Oriental, 
or Aleut or is a Spanish speaking individual of Spanish descent'' and 
inserting ``Asian American, African American, Hispanic, Puerto Rican, 
Native American, or an Alaska Native''.
    (b) Minority Business Enterprises.--Section 106(f)(2) of the Local 
Public Works Capital Development and Investment Act of 1976 (42 U.S.C. 
6705(f)(2)) is amended by striking ``Negroes, Spanish-speaking, 
Orientals, Indians, Eskimos, and Aleuts'' and inserting ``Asian 
American, African American, Hispanic, Native American, or Alaska 
Natives''.

SEC. 5013. VOLUNTARY VEGETATION MANAGEMENT OUTSIDE RIGHTS-OF-WAY.

    (a) Authorization.--The Secretary of the Interior or the Secretary 
of Agriculture may authorize an owner or operator of an electric 
transmission or distribution facility to manage vegetation selectively 
within 150 feet of the exterior boundary of the right-of-way near 
structures for selective thinning and fuel reduction.
    (b) Status of Removed Vegetation.--Any vegetation removed pursuant 
to this section shall be the property of the United States and not 
available for sale by the owner or operator.
    (c) Limitation on Liability.--An owner or operator of an electric 
transmission or distribution facility shall not be held liable for 
wildlife damage, loss, or injury, including the cost of fire 
suppression, resulting from activities carried out pursuant to 
subsection (a) except in the case of harm resulting from the owner or 
operator's gross negligence or criminal misconduct.

SEC. 5014. REPEAL OF RULE FOR NEW RESIDENTIAL WOOD HEATERS.

    The final rule entitled ``Standards of Performance for New 
Residential Wood Heaters, New Residential Hydronic Heaters and Forced-
Air Furnaces'' published at 80 Fed. Reg. 13672 (March 16, 2015) shall 
have no force or effect and shall be treated as if such rule had never 
been issued.

         TITLE VI--PROMOTING RENEWABLE ENERGY WITH SHARED SOLAR

SEC. 6001. SHORT TITLE.

    This title may be cited as the ``Promoting Renewable Energy with 
Shared Solar Act of 2016''.

SEC. 6002. PROVISION OF INTERCONNECTION SERVICE AND NET BILLING SERVICE 
              FOR COMMUNITY SOLAR FACILITIES.

    (a) In General.--Section 111(d) of the Public Utility Regulatory 
Policies Act of 1978 (16 U.S.C. 2621(d)) is amended by adding at the 
end the following:
            ``(20) Community solar facilities.--
                    ``(A) Definitions.--In this paragraph:
                            ``(i) Community solar facility.--The term 
                        `community solar facility' means a solar 
                        photovoltaic system that--
                                    ``(I) allocates electricity to 
                                multiple individual electric consumers 
                                of an electric utility;
                                    ``(II) has a nameplate rating of 2 
                                megawatts or less; and
                                    ``(III) is--
                                            ``(aa) owned by the 
                                        electric utility, jointly 
                                        owned, or third-party-owned;
                                            ``(bb) connected to a local 
                                        distribution facility of the 
                                        electric utility; and
                                            ``(cc) located on or off 
                                        the property of a consumer of 
                                        the electricity.
                            ``(ii) Interconnection service.--The term 
                        `interconnection service' means a service 
                        provided by an electric utility to an electric 
                        consumer, in accordance with the standards 
                        described in paragraph (15), through which a 
                        community solar facility is connected to an 
                        applicable local distribution facility.
                            ``(iii) Net billing service.--The term `net 
                        billing service' means a service provided by an 
                        electric utility to an electric consumer 
                        through which electric energy generated for 
                        that electric consumer from a community solar 
                        facility may be used to offset electric energy 
                        provided by the electric utility to the 
                        electric consumer during the applicable billing 
                        period.
                    ``(B) Requirement.--On receipt of a request of an 
                electric consumer served by the electric utility, each 
                electric utility shall make available to the electric 
                consumer interconnection service and net billing 
                service for a community solar facility.''.
    (b) Compliance.--
            (1) Time limitations.--Section 112(b) of the Public Utility 
        Regulatory Policies Act of 1978 (16 U.S.C. 2622(b)) is amended 
        by adding at the end the following:
            ``(7)(A) Not later than 1 year after the date of enactment 
        of this paragraph, each State regulatory authority (with 
        respect to each electric utility for which the State has 
        ratemaking authority) and each nonregulated utility shall 
        commence consideration under section 111, or set a hearing date 
        for consideration, with respect to the standard established by 
        paragraph (20) of section 111(d).
            ``(B) Not later than 2 years after the date of enactment of 
        this paragraph, each State regulatory authority (with respect 
        to each electric utility for which the State has ratemaking 
        authority), and each nonregulated electric utility shall 
        complete the consideration and make the determination under 
        section 111 with respect to the standard established by 
        paragraph (20) of section 111(d).''.
            (2) Failure to comply.--
                    (A) In general.--Section 112(c) of the Public 
                Utility Regulatory Policies Act of 1978 (16 U.S.C. 
                2622(c)) is amended--
                            (i) by striking ``such paragraph (14)'' and 
                        all that follows through ``paragraphs (16)'' 
                        and inserting ``such paragraph (14). In the 
                        case of the standard established by paragraph 
                        (15) of section 111(d), the reference contained 
                        in this subsection to the date of enactment of 
                        this Act shall be deemed to be a reference to 
                        the date of enactment of that paragraph (15). 
                        In the case of the standards established by 
                        paragraphs (16)''; and
                            (ii) by adding at the end the following: 
                        ``In the case of the standard established by 
                        paragraph (20) of section 111(d), the reference 
                        contained in this subsection to the date of 
                        enactment of this Act shall be deemed to be a 
                        reference to the date of enactment of that 
                        paragraph (20).''.
                    (B) Technical correction.--
                            (i) In general.--Section 1254(b) of the 
                        Energy Policy Act of 2005 (Public Law 109-58; 
                        119 Stat. 971) is amended by striking paragraph 
                        (2).
                            (ii) Treatment.--The amendment made by 
                        paragraph (2) of section 1254(b) of the Energy 
                        Policy Act of 2005 (Public Law 109-58; 119 
                        Stat. 971) (as in effect on the day before the 
                        date of enactment of this Act) is void, and 
                        section 112(d) of the Public Utility Regulatory 
                        Policies Act of 1978 (16 U.S.C. 2622(d)) shall 
                        be in effect as if those amendments had not 
                        been enacted.
            (3) Prior state actions.--
                    (A) In general.--Section 112 of the Public Utility 
                Regulatory Policies Act of 1978 (16 U.S.C. 2622) is 
                amended by adding at the end the following:
    ``(g) Prior State Actions.--Subsections (b) and (c) shall not apply 
to the standard established by paragraph (20) of section 111(d) in the 
case of any electric utility in a State if, before the date of 
enactment of this subsection--
            ``(1) the State has implemented for the electric utility 
        the standard (or a comparable standard);
            ``(2) the State regulatory authority for the State or the 
        relevant nonregulated electric utility has conducted a 
        proceeding to consider implementation of the standard (or a 
        comparable standard) for the electric utility; or
            ``(3) the State legislature has voted on the implementation 
        of the standard (or a comparable standard) for the electric 
        utility.''.
                    (B) Cross-reference.--Section 124 of the Public 
                Utility Regulatory Policy Act of 1978 (16 U.S.C. 2634) 
                is amended by adding at the end the following: ``In the 
                case of the standard established by paragraph (20) of 
                section 111(d), the reference contained in this 
                subsection to the date of enactment of this Act shall 
                be deemed to be a reference to the date of enactment of 
                that paragraph (20).''.

                     TITLE VII--MARINE HYDROKINETIC

SEC. 7001. DEFINITION OF MARINE AND HYDROKINETIC RENEWABLE ENERGY.

    Section 632 of the Energy Independence and Security Act of 2007 (42 
U.S.C. 17211) is amended in the matter preceding paragraph (1) by 
striking ``electrical''.

SEC. 7002. MARINE AND HYDROKINETIC RENEWABLE ENERGY RESEARCH AND 
              DEVELOPMENT.

    Section 633 of the Energy Independence and Security Act of 2007 (42 
U.S.C. 17212) is amended to read as follows:

``SEC. 633. MARINE AND HYDROKINETIC RENEWABLE ENERGY RESEARCH AND 
              DEVELOPMENT.

    ``The Secretary, in consultation with the Secretary of the 
Interior, the Secretary of Commerce, and the Federal Energy Regulatory 
Commission, shall carry out a program of research, development, 
demonstration, and commercial application to accelerate the 
introduction of marine and hydrokinetic renewable energy production 
into the United States energy supply, giving priority to fostering 
accelerated research, development, and commercialization of technology, 
including--
            ``(1) to assist technology development to improve the 
        components, processes, and systems used for power generation 
        from marine and hydrokinetic renewable energy resources;
            ``(2) to establish critical testing infrastructure 
        necessary--
                    ``(A) to cost effectively and efficiently test and 
                prove the efficacy of marine and hydrokinetic renewable 
                energy devices; and
                    ``(B) to accelerate the technological readiness and 
                commercialization of those devices;
            ``(3) to support efforts to increase the efficiency of 
        energy conversion, lower the cost, increase the use, improve 
        the reliability, and demonstrate the applicability of marine 
        and hydrokinetic renewable energy technologies by participating 
        in demonstration projects;
            ``(4) to investigate variability issues and the efficient 
        and reliable integration of marine and hydrokinetic renewable 
        energy with the utility grid;
            ``(5) to identify and study critical short- and long-term 
        needs to create a sustainable marine and hydrokinetic renewable 
        energy supply chain based in the United States;
            ``(6) to increase the reliability and survivability of 
        marine and hydrokinetic renewable energy technologies;
            ``(7) to verify the performance, reliability, 
        maintainability, and cost of new marine and hydrokinetic 
        renewable energy device designs and system components in an 
        operating environment;
            ``(8) to coordinate and avoid duplication of activities 
        across programs of the Department and other applicable Federal 
        agencies, including National Laboratories, and to coordinate 
        public-private collaboration in all programs under this 
        section;
            ``(9) to identify opportunities for joint research and 
        development programs and development of economies of scale 
        between--
                    ``(A) marine and hydrokinetic renewable energy 
                technologies; and
                    ``(B) other renewable energy and fossil energy 
                programs, offshore oil and gas production activities, 
                and activities of the Department of Defense; and
            ``(10) to support in-water technology development with 
        international partners using existing cooperative procedures 
        (including memoranda of understanding)--
                    ``(A) to allow cooperative funding and other 
                support of value to be exchanged and leveraged; and
                    ``(B) to encourage international research centers 
                and international companies to participate in the 
                development of water technology in the United States 
                and to encourage United States research centers and 
                United States companies to participate in water 
                technology projects abroad.''.

SEC. 7003. NATIONAL MARINE RENEWABLE ENERGY RESEARCH, DEVELOPMENT, AND 
              DEMONSTRATION CENTERS.

    Section 634(b) of the Energy Independence and Security Act of 2007 
(42 U.S.C. 17213(b)) is amended to read as follows:
    ``(b) Purposes.--A Center (in coordination with the Department and 
National Laboratories) shall--
            ``(1) advance research, development, demonstration, and 
        commercial application of marine and hydrokinetic renewable 
        energy technologies;
            ``(2) support in-water testing and demonstration of marine 
        and hydrokinetic renewable energy technologies, including 
        facilities capable of testing--
                    ``(A) marine and hydrokinetic renewable energy 
                systems of various technology readiness levels and 
                scales;
                    ``(B) a variety of technologies in multiple test 
                berths at a single location; and
                    ``(C) arrays of technology devices; and
            ``(3) serve as information clearinghouses for the marine 
        and hydrokinetic renewable energy industry by collecting and 
        disseminating information on best practices in all areas 
        relating to developing and managing marine and hydrokinetic 
        renewable energy resources and energy systems.''.

SEC. 7004. AUTHORIZATION OF APPROPRIATIONS.

    Section 636 of the Energy Independence and Security Act of 2007 (42 
U.S.C. 17215) is amended by striking ``2008 through 2012'' and 
inserting ``2016 through 2019''.

 TITLE VIII--EXTENSIONS OF TIME FOR VARIOUS FEDERAL ENERGY REGULATORY 
                          COMMISSION PROJECTS

SEC. 8001. EXTENSION OF TIME FOR FEDERAL ENERGY REGULATORY COMMISSION 
              PROJECT INVOLVING CLARK CANYON DAM.

    Notwithstanding the time period described in section 13 of the 
Federal Power Act (16 U.S.C. 806) that would otherwise apply to the 
Federal Energy Regulatory Commission project numbered 12429, the 
Federal Energy Regulatory Commission (referred to in this section as 
the ``Commission'') shall, at the request of the licensee for the 
project, and after reasonable notice and in accordance with the 
procedures of the Commission under that section, reinstate the license 
and extend the time period during which the licensee is required to 
commence construction of project works for the 3-year period beginning 
on the date of enactment of this Act.

SEC. 8002. EXTENSION OF TIME FOR FEDERAL ENERGY REGULATORY COMMISSION 
              PROJECT INVOLVING GIBSON DAM.

    (a) In General.--Notwithstanding the requirements of section 13 of 
the Federal Power Act (16 U.S.C. 806) that would otherwise apply to the 
Federal Energy Regulatory Commission project numbered 12478-003, the 
Federal Energy Regulatory Commission (referred to in this section as 
the ``Commission'') may, at the request of the licensee for the 
project, and after reasonable notice and in accordance with the 
procedures of the Commission under that section, extend the time period 
during which the licensee is required to commence construction of the 
project for a 6-year period that begins on the date described in 
subsection (b).
    (b) Date Described.--The date described in this subsection is the 
date of the expiration of the extension of the period required for 
commencement of construction for the project described in subsection 
(a) that was issued by the Commission prior to the date of enactment of 
this Act under section 13 of the Federal Power Act (16 U.S.C. 806).

SEC. 8003. EXTENSION OF TIME FOR FEDERAL ENERGY REGULATORY COMMISSION 
              PROJECT INVOLVING JENNINGS RANDOLPH DAM.

    (a) In General.--Notwithstanding the time period specified in 
section 13 of the Federal Power Act (16 U.S.C. 806) that would 
otherwise apply to the Federal Energy Regulatory Commission project 
numbered 12715, the Commission may, at the request of the licensee for 
the project, and after reasonable notice, in accordance with the good 
faith, due diligence, and public interest requirements of that section 
and the Commission's procedures under that section, extend the time 
period during which the licensee is required to commence the 
construction of the project for up to three consecutive 2-year periods 
from the date of the expiration of the extension originally issued by 
the Commission. Any obligation of the licensee for the payment of 
annual charges under section 10(e) of the Federal Power Act (16 U.S.C. 
803(e)) shall commence upon conclusion of the time period to commence 
construction of the project, as extended by the Commission under this 
subsection.
    (b) Reinstatement of Expired License.--If the period required for 
commencement of construction of the project described in subsection (a) 
has expired prior to the date of the enactment of this Act, the 
Commission shall reinstate the license effective as of the date of its 
expiration and the first extension authorized under subsection (a) 
shall take effect on the date of such expiration.

SEC. 8004. EXTENSION OF TIME FOR FEDERAL ENERGY REGULATORY COMMISSION 
              PROJECT INVOLVING CANNONSVILLE DAM.

    (a) In General.--Notwithstanding the time period specified in 
section 13 of the Federal Power Act (16 U.S.C. 806) that would 
otherwise apply to the Federal Energy Regulatory Commission project 
numbered 13287, the Commission may, at the request of the licensee for 
the project, and after reasonable notice, in accordance with the good 
faith, due diligence, and public interest requirements of that section 
and the Commission's procedures under that section, extend the time 
period during which the licensee is required to commence the 
construction of the project for up to four consecutive 2-year periods 
from the date of the expiration of the time period required for 
commencement of construction prescribed in the license.
    (b) Reinstatement of Expired License.--If the period required for 
commencement of construction of the project described in subsection (a) 
has expired prior to the date of the enactment of this Act, the 
Commission may reinstate the license effective as of the date of its 
expiration and the first extension authorized under subsection (a) 
shall take effect on the date of such expiration.

SEC. 8005. EXTENSION OF TIME FOR FEDERAL ENERGY REGULATORY COMMISSION 
              PROJECT INVOLVING GATHRIGHT DAM.

    (a) In General.--Notwithstanding the time period specified in 
section 13 of the Federal Power Act (16 U.S.C. 806) that would 
otherwise apply to the Federal Energy Regulatory Commission project 
numbered 12737, the Commission may, at the request of the licensee for 
the project, and after reasonable notice, in accordance with the good 
faith, due diligence, and public interest requirements of that section 
and the Commission's procedures under that section, extend the time 
period during which the licensee is required to commence the 
construction of the project for up to three consecutive 2-year periods 
from the date of the expiration of the extension originally issued by 
the Commission.
    (b) Reinstatement of Expired License.--If the period required for 
commencement of construction of the project described in subsection (a) 
has expired prior to the date of the enactment of this Act, the 
Commission may reinstate the license for the project effective as of 
the date of its expiration and the first extension authorized under 
subsection (a) shall take effect on the date of such expiration.

SEC. 8006. EXTENSION OF TIME FOR FEDERAL ENERGY REGULATORY COMMISSION 
              PROJECT INVOLVING FLANNAGAN DAM.

    (a) In General.--Notwithstanding the time period specified in 
section 13 of the Federal Power Act (16 U.S.C. 806) that would 
otherwise apply to the Federal Energy Regulatory Commission project 
numbered 12740, the Commission may, at the request of the licensee for 
the project, and after reasonable notice, in accordance with the good 
faith, due diligence, and public interest requirements of that section 
and the Commission's procedures under that section, extend the time 
period during which the licensee is required to commence the 
construction of the project for up to three consecutive 2-year periods 
from the date of the expiration of the extension originally issued by 
the Commission.
    (b) Reinstatement of Expired License.--If the period required for 
commencement of construction of the project described in subsection (a) 
has expired prior to the date of the enactment of this Act, the 
Commission may reinstate the license for the project effective as of 
the date of its expiration and the first extension authorized under 
subsection (a) shall take effect on the date of such expiration.

        TITLE IX--ENERGY AND MANUFACTURING WORKFORCE DEVELOPMENT

SEC. 9001. ENERGY AND MANUFACTURING WORKFORCE DEVELOPMENT.

    (a) In General.--The Secretary of Energy (in this title referred to 
as the ``Secretary'') shall prioritize education and training for 
energy and manufacturing-related jobs in order to increase the number 
of skilled workers trained to work in energy and manufacturing-related 
fields when considering awards for existing grant programs, including 
by--
            (1) encouraging State education agencies and local 
        educational agencies to equip students with the skills, 
        mentorships, training, and technical expertise necessary to 
        fill the employment opportunities vital to managing and 
        operating the Nation's energy and manufacturing industries, in 
        collaboration with representatives from the energy and 
        manufacturing industries (including the oil, gas, coal, 
        nuclear, utility, pipeline, renewable, petrochemical, 
        manufacturing, and electrical construction sectors) to identify 
        the areas of highest need in each sector and the skills 
        necessary for a high quality workforce in the following sectors 
        of energy and manufacturing:
                    (A) Energy efficiency industry, including work in 
                energy efficiency, conservation, weatherization, or 
                retrofitting, or as inspectors or auditors.
                    (B) Pipeline industry, including work in pipeline 
                construction and maintenance or work as engineers or 
                technical advisors.
                    (C) Utility industry, including work in the 
                generation, transmission, and distribution of 
                electricity and natural gas, such as utility 
                technicians, operators, lineworkers, engineers, 
                scientists, and information technology specialists.
                    (D) Nuclear industry, including work as scientists, 
                engineers, technicians, mathematicians, or security 
                personnel.
                    (E) Oil and gas industry, including work as 
                scientists, engineers, technicians, mathematicians, 
                petrochemical engineers, or geologists.
                    (F) Renewable industry, including work in the 
                development, manufacturing, and production of renewable 
                energy sources (such as solar, hydropower, wind, or 
                geothermal energy).
                    (G) Coal industry, including work as coal miners, 
                engineers, developers and manufacturers of state-of-
                the-art coal facilities, technology vendors, coal 
                transportation workers and operators, or mining 
                equipment vendors.
                    (H) Manufacturing industry, including work as 
                operations technicians, operations and design in 
                additive manufacturing, 3-D printing, advanced 
                composites, and advanced aluminum and other metal 
                alloys, industrial energy efficiency management 
                systems, including power electronics, and other 
                innovative technologies.
                    (I) Chemical manufacturing industry, including work 
                in construction (such as welders, pipefitters, and tool 
                and die makers) or as instrument and electrical 
                technicians, machinists, chemical process operators, 
                chemical engineers, quality and safety professionals, 
                and reliability engineers; and
            (2) strengthening and more fully engaging Department of 
        Energy programs and labs in carrying out the Department's 
        workforce development initiatives including the Minorities in 
        Energy Initiative.
    (b) Prohibition.--Nothing in this section shall be construed to 
authorize the Secretary or any other officer or employee of the Federal 
Government to incentivize, require, or coerce a State, school district, 
or school to adopt curricula aligned to the skills described in 
subsection (a).
    (c) Priority.--The Secretary shall prioritize the education and 
training of underrepresented groups in energy and manufacturing-related 
jobs.
    (d) Clearinghouse.--In carrying out this section, the Secretary 
shall establish a clearinghouse to--
            (1) maintain and update information and resources on 
        training and workforce development programs for energy and 
        manufacturing-related jobs, including job training and 
        workforce development programs available to assist displaced 
        and unemployed energy and manufacturing workers transitioning 
        to new employment; and
            (2) provide technical assistance for States, local 
        educational agencies, schools, community colleges, universities 
        (including minority serving institutions), workforce 
        development programs, labor-management organizations, and 
        industry organizations that would like to develop and implement 
        energy and manufacturing-related training programs.
    (e) Collaboration.--In carrying out this section, the Secretary--
            (1) shall collaborate with States, local educational 
        agencies, schools, community colleges, universities (including 
        minority serving institutions), workforce-training 
        organizations, national laboratories, State energy offices, 
        workforce investment boards, and the energy and manufacturing 
        industries;
            (2) shall encourage and foster collaboration, mentorships, 
        and partnerships among organizations (including industry, 
        States, local educational agencies, schools, community 
        colleges, workforce-development organizations, and colleges and 
        universities) that currently provide effective job training 
        programs in the energy and manufacturing fields and entities 
        (including States, local educational agencies, schools, 
        community colleges, workforce development programs, and 
        colleges and universities) that seek to establish these types 
        of programs in order to share best practices; and
            (3) shall collaborate with the Bureau of Labor Statistics, 
        the Department of Commerce, the Bureau of the Census, States, 
        and the energy and manufacturing industries to develop a 
        comprehensive and detailed understanding of the energy and 
        manufacturing workforce needs and opportunities by State and by 
        region.
    (f) Outreach to Minority Serving Institutions.--In carrying out 
this section, the Secretary shall--
            (1) give special consideration to increasing outreach to 
        minority serving institutions and Historically Black Colleges 
        and Universities;
            (2) make existing resources available through program 
        cross-cutting to minority serving institutions with the 
        objective of increasing the number of skilled minorities and 
        women trained to go into the energy and manufacturing sectors;
            (3) encourage industry to improve the opportunities for 
        students of minority serving institutions to participate in 
        industry internships and cooperative work/study programs; and
            (4) partner with the Department of Energy laboratories to 
        increase underrepresented groups' participation in internships, 
        fellowships, traineeships, and employment at all Department of 
        Energy laboratories.
    (g) Outreach to Dislocated Energy and Manufacturing Workers.--In 
carrying out this section, the Secretary shall--
            (1) give special consideration to increasing outreach to 
        employers and job trainers preparing dislocated energy and 
        manufacturing workers for in-demand sectors or occupations;
            (2) make existing resources available through program 
        cross-cutting to institutions serving dislocated energy and 
        manufacturing workers with the objective of training 
        individuals to re-enter in-demand sectors or occupations;
            (3) encourage the energy and manufacturing industries to 
        improve opportunities for dislocated energy and manufacturing 
        workers to participate in career pathways; and
            (4) work closely with the energy and manufacturing 
        industries to identify energy and manufacturing operations, 
        such as coal-fired power plants and coal mines, scheduled for 
        closure and to provide early intervention assistance to workers 
        employed at such energy and manufacturing operations by--
                    (A) partnering with State and local workforce 
                development boards;
                    (B) giving special consideration to employers and 
                job trainers preparing such workers for in-demand 
                sectors or occupations;
                    (C) making existing resources available through 
                program cross-cutting to institutions serving such 
                workers with the objective of training them to re-enter 
                in-demand sectors or occupations; and
                    (D) encouraging the energy and manufacturing 
                industries to improve opportunities for such workers to 
                participate in career pathways.
    (h) Enrollment in Workforce Development Programs.--In carrying out 
this section, the Secretary shall work with industry and community-
based workforce organizations to help identify candidates, including 
from underrepresented communities such as minorities, women, and 
veterans, to enroll in workforce development programs for energy and 
manufacturing-related jobs.
    (i) Prohibition.--Nothing in this section shall be construed as 
authorizing the creation of a new workforce development program.
    (j) Definitions.--In this section:
            (1) Career pathways; dislocated worker; in-demand sectors 
        or occupations; local workforce development board; state 
        workforce development board.--The terms ``career pathways'', 
        ``dislocated worker'', ``in-demand sectors or occupations'', 
        ``local workforce development board'', and ``State workforce 
        development board'' have the meanings given the terms ``career 
        pathways'', ``dislocated worker'', ``in-demand sectors or 
        occupations'', ``local board'', and ``State board'', 
        respectively, in section 3 of the Workforce Innovation and 
        Opportunity Act (29 U.S.C. 3102).
            (2) Minority-serving institution.--The term ``minority-
        serving institution'' means an institution of higher education 
        with a designation of one of the following:
                    (A) Hispanic-serving institution (as defined in 20 
                U.S.C.1101a(a)(5)).
                    (B) Tribal College or University (as defined in 20 
                U.S.C.1059c(b)).
                    (C) Alaska Native-serving institution or a Native 
                Hawaiian-serving institution (as defined in 20 
                U.S.C.1059d(b)).
                    (D) Predominantly Black Institution (as defined in 
                20 U.S.C.1059e(b)).
                    (E) Native American-serving nontribal institution 
                (as defined in 20 U.S.C.1059f(b)).
                    (F) Asian American and Native American Pacific 
                Islander-serving institution (as defined in 20 
                U.S.C.1059g(b)).

SEC. 9002. REPORT.

    Five years after the date of enactment of this Act, the Secretary 
shall publish a comprehensive report to the Committee on Energy and 
Commerce and the Committee on Education and the Workforce of the House 
of Representatives and the Senate Energy and Natural Resources 
Committee on the outlook for energy and manufacturing sectors 
nationally. The report shall also include a comprehensive summary of 
energy and manufacturing job creation as a result of the enactment of 
this title. The report shall include performance data regarding the 
number of program participants served, the percentage of participants 
in competitive integrated employment two quarters and four quarters 
after program completion, the median income of program participants two 
quarters and four quarters after program completion, and the percentage 
of program participants receiving industry-recognized credentials.

SEC. 9003. USE OF EXISTING FUNDS.

    No additional funds are authorized to carry out the requirements of 
this title. Such requirements shall be carried out using amounts 
otherwise authorized.

                 DIVISION B--RESILIENT FEDERAL FORESTS

SEC. 1. SHORT TITLE.

    This division may be cited as the ``Resilient Federal Forests Act 
of 2016''.

SEC. 2. DEFINITIONS.

    In titles I through VIII of this division:
            (1) Catastrophic event.--The term ``catastrophic event'' 
        means any natural disaster (such as hurricane, tornado, 
        windstorm, snow or ice storm, rain storm, high water, wind-
        driven water, tidal wave, earthquake, volcanic eruption, 
        landslide, mudslide, drought, or insect or disease outbreak) or 
        any fire, flood, or explosion, regardless of cause.
            (2) Categorical exclusion.--The term ``categorical 
        exclusion'' refers to an exception to the requirements of the 
        National Environmental Policy Act of 1969 (42 U.S.C. 4331 et 
        seq.) for a project or activity relating to the management of 
        National Forest System lands or public lands.
            (3) Collaborative process.--The term ``collaborative 
        process'' refers to a process relating to the management of 
        National Forest System lands or public lands by which a project 
        or activity is developed and implemented by the Secretary 
        concerned through collaboration with interested persons, as 
        described in section 603(b)(1)(C) of the Healthy Forests 
        Restoration Act of 2003 (16 U.S.C. 6591b(b)(1)(C)).
            (4) Community wildfire protection plan.--The term 
        ``community wildfire protection plan'' has the meaning given 
        that term in section 101(3) of the Healthy Forests Restoration 
        Act of 2003 (16 U.S.C. 6511(3)).
            (5) Coos bay wagon road grant lands.--The term ``Coos Bay 
        Wagon Road Grant lands'' means the lands reconveyed to the 
        United States pursuant to the first section of the Act of 
        February 26, 1919 (40 Stat. 1179).
            (6) Forest management activity.--The term ``forest 
        management activity'' means a project or activity carried out 
        by the Secretary concerned on National Forest System lands or 
        public lands in concert with the forest plan covering the 
        lands.
            (7) Forest plan.--The term ``forest plan'' means--
                    (A) a land use plan prepared by the Bureau of Land 
                Management for public lands pursuant to section 202 of 
                the Federal Land Policy and Management Act of 1976 (43 
                U.S.C. 1712); or
                    (B) a land and resource management plan prepared by 
                the Forest Service for a unit of the National Forest 
                System pursuant to section 6 of the Forest and 
                Rangeland Renewable Resources Planning Act of 1974 (16 
                U.S.C. 1604).
            (8) Large-scale catastrophic event.--The term ``large-scale 
        catastrophic event'' means a catastrophic event that adversely 
        impacts at least 5,000 acres of reasonably contiguous National 
        Forest System lands or public lands.
            (9) National forest system.--The term ``National Forest 
        System'' has the meaning given that term in section 11(a) of 
        the Forest and Rangeland Renewable Resources Planning Act of 
        1974 (16 U.S.C. 1609(a)).
            (10) Oregon and california railroad grant lands.--The term 
        ``Oregon and California Railroad Grant lands'' means the 
        following lands:
                    (A) All lands in the State of Oregon revested in 
                the United States under the Act of June 9, 1916 (39 
                Stat. 218), that are administered by the Secretary of 
                the Interior, acting through the Bureau of Land 
                Management, pursuant to the first section of the Act of 
                August 28, 1937 (43 U.S.C. 1181a).
                    (B) All lands in that State obtained by the 
                Secretary of the Interior pursuant to the land 
                exchanges authorized and directed by section 2 of the 
                Act of June 24, 1954 (43 U.S.C. 1181h).
                    (C) All lands in that State acquired by the United 
                States at any time and made subject to the provisions 
                of title II of the Act of August 28, 1937 (43 U.S.C. 
                1181f).
            (11) Public lands.--The term ``public lands'' has the 
        meaning given that term in section 103(e) of the Federal Land 
        Policy and Management Act of 1976 (43 U.S.C. 1702(e)), except 
        that the term includes Coos Bay Wagon Road Grant lands and 
        Oregon and California Railroad Grant lands.
            (12) Reforestation activity.--The term ``reforestation 
        activity'' means a project or activity carried out by the 
        Secretary concerned whose primary purpose is the reforestation 
        of impacted lands following a large-scale catastrophic event. 
        The term includes planting, evaluating and enhancing natural 
        regeneration, clearing competing vegetation, and other 
        activities related to reestablishment of forest species on the 
        fire-impacted lands.
            (13) Resource advisory committee.--The term ``resource 
        advisory committee'' has the meaning given that term in section 
        201(3) of the Secure Rural Schools and Community Self-
        Determination Act of 2000 (16 U.S.C. 7121(3)).
            (14) Salvage operation.--The term ``salvage operation'' 
        means a forest management activity undertaken in response to a 
        catastrophic event whose primary purpose--
                    (A) is to prevent wildfire as a result of the 
                catastrophic event, or, if the catastrophic event was 
                wildfire, to prevent a re-burn of the fire-impacted 
                area;
                    (B) is to provide an opportunity for utilization of 
                forest materials damaged as a result of the 
                catastrophic event; or
                    (C) is to provide a funding source for 
                reforestation and other restoration activities for the 
                National Forest System lands or public lands impacted 
                by the catastrophic event.
            (15) Secretary concerned.--The term ``Secretary concerned'' 
        means--
                    (A) the Secretary of Agriculture, with respect to 
                National Forest System lands; and
                    (B) the Secretary of the Interior, with respect to 
                public lands.

     TITLE I--EXPEDITED ENVIRONMENTAL ANALYSIS AND AVAILABILITY OF 
    CATEGORICAL EXCLUSIONS TO EXPEDITE FOREST MANAGEMENT ACTIVITIES

SEC. 101. ANALYSIS OF ONLY TWO ALTERNATIVES (ACTION VERSUS NO ACTION) 
              IN PROPOSED COLLABORATIVE FOREST MANAGEMENT ACTIVITIES.

    (a) Application to Certain Environmental Assessments and 
Environmental Impact Statements.--This section shall apply whenever the 
Secretary concerned prepares an environmental assessment or an 
environmental impact statement pursuant to section 102(2) of the 
National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)) for a 
forest management activity that--
            (1) is developed through a collaborative process;
            (2) is proposed by a resource advisory committee; or
            (3) is covered by a community wildfire protection plan.
    (b) Consideration of Alternatives.--In an environmental assessment 
or environmental impact statement described in subsection (a), the 
Secretary concerned shall study, develop, and describe only the 
following two alternatives:
            (1) The forest management activity, as proposed pursuant to 
        paragraph (1), (2), or (3) of subsection (a).
            (2) The alternative of no action.
    (c) Elements of Non-Action Alternative.--In the case of the 
alternative of no action, the Secretary concerned shall evaluate--
            (1) the effect of no action on--
                    (A) forest health;
                    (B) habitat diversity;
                    (C) wildfire potential; and
                    (D) insect and disease potential; and
            (2) the implications of a resulting decline in forest 
        health, loss of habitat diversity, wildfire, or insect or 
        disease infestation, given fire and insect and disease historic 
        cycles, on--
                    (A) domestic water costs;
                    (B) wildlife habitat loss; and
                    (C) other economic and social factors.

SEC. 102. CATEGORICAL EXCLUSION TO EXPEDITE CERTAIN CRITICAL RESPONSE 
              ACTIONS.

    (a) Availability of Categorical Exclusion.--A categorical exclusion 
is available to the Secretary concerned to develop and carry out a 
forest management activity on National Forest System lands or public 
lands when the primary purpose of the forest management activity is--
            (1) to address an insect or disease infestation;
            (2) to reduce hazardous fuel loads;
            (3) to protect a municipal water source;
            (4) to maintain, enhance, or modify critical habitat to 
        protect it from catastrophic disturbances;
            (5) to increase water yield; or
            (6) any combination of the purposes specified in paragraphs 
        (1) through (5).
    (b) Acreage Limitations.--
            (1) In general.--Except in the case of a forest management 
        activity described in paragraph (2), a forest management 
        activity covered by the categorical exclusion granted by 
        subsection (a) may not contain harvest units exceeding a total 
        of 5,000 acres.
            (2) Larger areas authorized.--A forest management activity 
        covered by the categorical exclusion granted by subsection (a) 
        may not contain harvest units exceeding a total of 15,000 acres 
        if the forest management activity--
                    (A) is developed through a collaborative process;
                    (B) is proposed by a resource advisory committee; 
                or
                    (C) is covered by a community wildfire protection 
                plan.

SEC. 103. CATEGORICAL EXCLUSION TO EXPEDITE SALVAGE OPERATIONS IN 
              RESPONSE TO CATASTROPHIC EVENTS.

    (a) Availability of Categorical Exclusion.--A categorical exclusion 
is available to the Secretary concerned to develop and carry out a 
salvage operation as part of the restoration of National Forest System 
lands or public lands following a catastrophic event.
    (b) Acreage Limitations.--
            (1) In general.--A salvage operation covered by the 
        categorical exclusion granted by subsection (a) may not contain 
        harvest units exceeding a total of 5,000 acres.
            (2) Harvest area.--In addition to the limitation imposed by 
        paragraph (1), the harvest units covered by the categorical 
        exclusion granted by subsection (a) may not exceed one-third of 
        the area impacted by the catastrophic event.
    (c) Additional Requirements.--
            (1) Road building.--A salvage operation covered by the 
        categorical exclusion granted by subsection (a) may not include 
        any new permanent roads. Temporary roads constructed as part of 
        the salvage operation shall be retired before the end of the 
        fifth fiscal year beginning after the completion of the salvage 
        operation.
            (2) Stream buffers.--A salvage operation covered by the 
        categorical exclusion granted by subsection (a) shall comply 
        with the standards and guidelines for stream buffers contained 
        in the applicable forest plan unless waived by the Regional 
        Forester, in the case of National Forest System lands, or the 
        State Director of the Bureau of Land Management, in the case of 
        public lands.
            (3) Reforestation plan.--A reforestation plan shall be 
        developed under section 3 of the Act of June 9, 1930 (commonly 
        known as the Knutson-Vandenberg Act; 16 U.S.C. 576b), as part 
        of a salvage operation covered by the categorical exclusion 
        granted by subsection (a).

SEC. 104. CATEGORICAL EXCLUSION TO MEET FOREST PLAN GOALS FOR EARLY 
              SUCCESSIONAL FORESTS.

    (a) Availability of Categorical Exclusion.--A categorical exclusion 
is available to the Secretary concerned to develop and carry out a 
forest management activity on National Forest System lands or public 
lands when the primary purpose of the forest management activity is to 
modify, improve, enhance, or create early successional forests for 
wildlife habitat improvement and other purposes, consistent with the 
applicable forest plan.
    (b) Project Goals.--To the maximum extent practicable, the 
Secretary concerned shall design a forest management activity under 
this section to meet early successional forest goals in such a manner 
so as to maximize production and regeneration of priority species, as 
identified in the forest plan and consistent with the capability of the 
activity site.
    (c) Acreage Limitations.--A forest management activity covered by 
the categorical exclusion granted by subsection (a) may not contain 
harvest units exceeding a total of 5,000 acres.

SEC. 105. CLARIFICATION OF EXISTING CATEGORICAL EXCLUSION AUTHORITY 
              RELATED TO INSECT AND DISEASE INFESTATION.

    Section 603(c)(2)(B) of the Healthy Forests Restoration Act of 2003 
(16 U.S.C. 6591b(c)(2)(B)) is amended by striking ``Fire Regime Groups 
I, II, or III'' and inserting ``Fire Regime I, Fire Regime II, Fire 
Regime III, or Fire Regime IV''.

SEC. 106. CATEGORICAL EXCLUSION TO IMPROVE, RESTORE, AND REDUCE THE 
              RISK OF WILDFIRE.

    (a) Availability of Categorical Exclusion.--A categorical exclusion 
is available to the Secretary concerned to carry out a forest 
management activity described in subsection (c) on National Forest 
System Lands or public lands when the primary purpose of the activity 
is to improve, restore, or reduce the risk of wildfire on those lands.
    (b) Acreage Limitations.--A forest management activity covered by 
the categorical exclusion granted by subsection (a) may not exceed 
5,000 acres.
    (c) Authorized Activities.--The following activities may be carried 
out using a categorical exclusion granted by subsection (a):
            (1) Removal of juniper trees, medusahead rye, conifer 
        trees, pinon pine trees, cheatgrass, and other noxious or 
        invasive weeds specified on Federal or State noxious weeds 
        lists through late-season livestock grazing, targeted livestock 
        grazing, prescribed burns, and mechanical treatments.
            (2) Performance of hazardous fuels management.
            (3) Creation of fuel and fire breaks.
            (4) Modification of existing fences in order to distribute 
        livestock and help improve wildlife habitat.
            (5) Installation of erosion control devices.
            (6) Construction of new and maintenance of permanent 
        infrastructure, including stock ponds, water catchments, and 
        water spring boxes used to benefit livestock and improve 
        wildlife habitat.
            (7) Performance of soil treatments, native and non-native 
        seeding, and planting of and transplanting sagebrush, grass, 
        forb, shrub, and other species.
            (8) Use of herbicides, so long as the Secretary concerned 
        determines that the activity is otherwise conducted 
        consistently with agency procedures, including any forest plan 
        applicable to the area covered by the activity.
    (d) Definitions.--In this section:
            (1) Hazardous fuels management.--The term ``hazardous fuels 
        management'' means any vegetation management activities that 
        reduce the risk of wildfire.
            (2) Late-season grazing.--The term ``late-season grazing'' 
        means grazing activities that occur after both the invasive 
        species and native perennial species have completed their 
        current-year annual growth cycle until new plant growth begins 
        to appear in the following year.
            (3) Targeted livestock grazing.--The term ``targeted 
        livestock grazing'' means grazing used for purposes of 
        hazardous fuel reduction.

SEC. 107. COMPLIANCE WITH FOREST PLAN.

    A forest management activity covered by a categorical exclusion 
granted by this title shall be conducted in a manner consistent with 
the forest plan applicable to the National Forest System land or public 
lands covered by the forest management activity.

 TITLE II--SALVAGE AND REFORESTATION IN RESPONSE TO CATASTROPHIC EVENTS

SEC. 201. EXPEDITED SALVAGE OPERATIONS AND REFORESTATION ACTIVITIES 
              FOLLOWING LARGE-SCALE CATASTROPHIC EVENTS.

    (a) Expedited Environmental Assessment.--Notwithstanding any other 
provision of law, any environmental assessment prepared by the 
Secretary concerned pursuant to section 102(2) of the National 
Environmental Policy Act of 1969 (42 U.S.C. 4332(2)) for a salvage 
operation or reforestation activity proposed to be conducted on 
National Forest System lands or public lands adversely impacted by a 
large-scale catastrophic event shall be completed within 3 months after 
the conclusion of the catastrophic event.
    (b) Expedited Implementation and Completion.--In the case of 
reforestation activities conducted on National Forest System lands or 
public lands adversely impacted by a large-scale catastrophic event, 
the Secretary concerned shall achieve reforestation of at least 75 
percent of the impacted lands during the 5-year period following the 
conclusion of the catastrophic event.
    (c) Availability of Knutson-Vandenberg Funds.--Amounts in the 
special fund established pursuant to section 3 of the Act of June 9, 
1930 (commonly known as the Knutson-Vandenberg Act; 16 U.S.C. 576b) 
shall be available to the Secretary of Agriculture for reforestation 
activities authorized by this title.
    (d) Timeline for Public Input Process.--Notwithstanding any other 
provision of law, in the case of a salvage operation or reforestation 
activity proposed to be conducted on National Forest System lands or 
public lands adversely impacted by a large-scale catastrophic event, 
the Secretary concerned shall allow 30 days for public scoping and 
comment, 15 days for filing an objection, and 15 days for the agency 
response to the filing of an objection. Upon completion of this process 
and expiration of the period specified in subsection (a), the Secretary 
concerned shall implement the project immediately.

SEC. 202. COMPLIANCE WITH FOREST PLAN.

    A salvage operation or reforestation activity authorized by this 
title shall be conducted in a manner consistent with the forest plan 
applicable to the National Forest System lands or public lands covered 
by the salvage operation or reforestation activity.

SEC. 203. PROHIBITION ON RESTRAINING ORDERS, PRELIMINARY INJUNCTIONS, 
              AND INJUNCTIONS PENDING APPEAL.

    No restraining order, preliminary injunction, or injunction pending 
appeal shall be issued by any court of the United States with respect 
to any decision to prepare or conduct a salvage operation or 
reforestation activity in response to a large-scale catastrophic event. 
Section 705 of title 5, United States Code, shall not apply to any 
challenge to the salvage operation or reforestation activity.

SEC. 204. EXCLUSION OF CERTAIN LANDS.

    In applying this title, the Secretary concerned may not carry out 
salvage operations or reforestation activities on National Forest 
System lands or public lands--
            (1) that are included in the National Wilderness 
        Preservation System;
            (2) that are located within an inventoried roadless area 
        unless the reforestation activity is consistent with the forest 
        plan; or
            (3) on which timber harvesting for any purpose is 
        prohibited by statute.

        TITLE III--COLLABORATIVE PROJECT LITIGATION REQUIREMENT

SEC. 301. DEFINITIONS.

    In this title:
            (1) Costs.--The term ``costs'' refers to the fees and costs 
        described in section 1920 of title 28, United States Code.
            (2) Expenses.--The term ``expenses'' includes the 
        expenditures incurred by the staff of the Secretary concerned 
        in preparing for and responding to a legal challenge to a 
        collaborative forest management activity and in participating 
        in litigation that challenges the forest management activity, 
        including such staff time as may be used to prepare the 
        administrative record, exhibits, declarations, and affidavits 
        in connection with the litigation.

SEC. 302. BOND REQUIREMENT AS PART OF LEGAL CHALLENGE OF CERTAIN FOREST 
              MANAGEMENT ACTIVITIES.

    (a) Bond Required.--In the case of a forest management activity 
developed through a collaborative process or proposed by a resource 
advisory committee, any plaintiff or plaintiffs challenging the forest 
management activity shall be required to post a bond or other security 
equal to the anticipated costs, expenses, and attorneys fees of the 
Secretary concerned as defendant, as reasonably estimated by the 
Secretary concerned. All proceedings in the action shall be stayed 
until the required bond or security is provided.
    (b) Recovery of Litigation Costs, Expenses, and Attorneys Fees.--
            (1) Motion for payment.--If the Secretary concerned 
        prevails in an action challenging a forest management activity 
        described in subsection (a), the Secretary concerned shall 
        submit to the court a motion for payment, from the bond or 
        other security posted under subsection (a) in such action, of 
        the reasonable costs, expenses, and attorneys fees incurred by 
        the Secretary concerned.
            (2) Maximum amount recovered.--The amount of costs, 
        expenses, and attorneys fees recovered by the Secretary 
        concerned under paragraph (1) as a result of prevailing in an 
        action challenging the forest management activity may not 
        exceed the amount of the bond or other security posted under 
        subsection (a) in such action.
            (3) Return of remainder.--Any funds remaining from the bond 
        or other security posted under subsection (a) after the payment 
        of costs, expenses, and attorneys fees under paragraph (1) 
        shall be returned to the plaintiff or plaintiffs that posted 
        the bond or security in the action.
    (c) Return of Bond to Prevailing Plaintiff.--
            (1) In general.--If the plaintiff ultimately prevails on 
        the merits in every action brought by the plaintiff challenging 
        a forest management activity described in subsection (a), the 
        court shall return to the plaintiff any bond or security 
        provided by the plaintiff under subsection (a), plus interest 
        from the date the bond or security was provided.
            (2) Ultimately prevails on the merits.--In this subsection, 
        the phrase ``ultimately prevails on the merits'' means, in a 
        final enforceable judgment on the merits, a court rules in 
        favor of the plaintiff on every cause of action in every action 
        brought by the plaintiff challenging the forest management 
        activity.
    (d) Effect of Settlement.--If a challenge to a forest management 
activity described in subsection (a) for which a bond or other security 
was provided by the plaintiff under such subsection is resolved by 
settlement between the Secretary concerned and the plaintiff, the 
settlement agreement shall provide for sharing the costs, expenses, and 
attorneys fees incurred by the parties.
    (e) Limitation on Certain Payments.--Notwithstanding section 1304 
of title 31, United States Code, no award may be made under section 
2412 of title 28, United States Code, and no amounts may be obligated 
or expended from the Claims and Judgment Fund of the United States 
Treasury to pay any fees or other expenses under such sections to any 
plaintiff related to an action challenging a forest management activity 
described in subsection (a).

  TITLE IV--SECURE RURAL SCHOOLS AND COMMUNITY SELF-DETERMINATION ACT 
                               AMENDMENTS

SEC. 401. USE OF RESERVED FUNDS FOR TITLE II PROJECTS ON FEDERAL LAND 
              AND CERTAIN NON-FEDERAL LAND.

    (a) Repeal of Merchantable Timber Contracting Pilot Program.--
Section 204(e) of the Secure Rural Schools and Community Self-
Determination Act of 2000 (16 U.S.C. 7124(e)) is amended by striking 
paragraph (3).
    (b) Requirements for Project Funds.--Section 204 of the Secure 
Rural Schools and Community Self-Determination Act of 2000 (16 U.S.C. 
7124) is amended by striking subsection (f) and inserting the following 
new subsection:
    ``(f) Requirements for Project Funds.--
            ``(1) In general.--Subject to paragraph (2), the Secretary 
        concerned shall ensure that at least 50 percent of the project 
        funds reserved by a participating county under section 102(d) 
        shall be available only for projects that--
                    ``(A) include the sale of timber or other forest 
                products, reduce fire risks, or improve water supplies; 
                and
                    ``(B) implement stewardship objectives that enhance 
                forest ecosystems or restore and improve land health 
                and water quality.
            ``(2) Applicability.--The requirement in paragraph (1) 
        shall apply only to project funds reserved by a participating 
        county whose boundaries include Federal land that the Secretary 
        concerned determines has been subject to a timber or other 
        forest products program within 5 fiscal years before the fiscal 
        year in which the funds are reserved.''.

SEC. 402. RESOURCE ADVISORY COMMITTEES.

    (a) Recognition of Resource Advisory Committees.--Section 205(a)(4) 
of the Secure Rural Schools and Community Self-Determination Act of 
2000 (16 U.S.C. 7125(a)(4)) is amended by striking ``2012'' each place 
it appears and inserting ``2020''.
    (b) Temporary Reduction in Composition of Committees.--Section 
205(d) of the Secure Rural Schools and Community Self-Determination Act 
of 2000 (16 U.S.C. 7125(d)) is amended--
            (1) in paragraph (1), by striking ``Each'' and inserting 
        ``Except during the period specified in paragraph (6), each''; 
        and
            (2) by adding at the end the following new paragraph:
            ``(6) Temporary reduction in minimum number of members.--
                    ``(A) Temporary reduction.--During the period 
                beginning on the date of the enactment of this 
                paragraph and ending on September 30, 2020, a resource 
                advisory committee established under this section may 
                be comprised of nine or more members, of which--
                            ``(i) at least three shall be 
                        representative of interests described in 
                        subparagraph (A) of paragraph (2);
                            ``(ii) at least three shall be 
                        representative of interests described in 
                        subparagraph (B) of paragraph (2); and
                            ``(iii) at least three shall be 
                        representative of interests described in 
                        subparagraph (C) of paragraph (2).
                    ``(B) Additional requirements.--In appointing 
                members of a resource advisory committee from the three 
                categories described in paragraph (2), as provided in 
                subparagraph (A), the Secretary concerned shall ensure 
                balanced and broad representation in each category. In 
                the case of a vacancy on a resource advisory committee, 
                the vacancy shall be filled within 90 days after the 
                date on which the vacancy occurred. Appointments to a 
                new resource advisory committee shall be made within 90 
                days after the date on which the decision to form the 
                new resource advisory committee was made.
                    ``(C) Charter.--A charter for a resource advisory 
                committee with 15 members that was filed on or before 
                the date of the enactment of this paragraph shall be 
                considered to be filed for a resource advisory 
                committee described in this paragraph. The charter of a 
                resource advisory committee shall be reapproved before 
                the expiration of the existing charter of the resource 
                advisory committee. In the case of a new resource 
                advisory committee, the charter of the resource 
                advisory committee shall be approved within 90 days 
                after the date on which the decision to form the new 
                resource advisory committee was made.''.
    (c) Conforming Change to Project Approval Requirements.--Section 
205(e)(3) of the Secure Rural Schools and Community Self-Determination 
Act of 2000 (16 U.S.C. 7125(e)(3)) is amended by adding at the end the 
following new sentence: ``In the case of a resource advisory committee 
consisting of fewer than 15 members, as authorized by subsection 
(d)(6), a project may be proposed to the Secretary concerned upon 
approval by a majority of the members of the committee, including at 
least one member from each of the three categories described in 
subsection (d)(2).''.
    (d) Expanding Local Participation on Committees.--Section 205(d) of 
the Secure Rural Schools and Community Self-Determination Act of 2000 
(16 U.S.C. 7125(d)) is amended--
            (1) in paragraph (3), by inserting before the period at the 
        end the following: ``, consistent with the requirements of 
        paragraph (4)''; and
            (2) by striking paragraph (4) and inserting the following 
        new paragraph:
            ``(4) Geographic distribution.--The members of a resource 
        advisory committee shall reside within the county or counties 
        in which the committee has jurisdiction or an adjacent 
        county.''.

SEC. 403. PROGRAM FOR TITLE II SELF-SUSTAINING RESOURCE ADVISORY 
              COMMITTEE PROJECTS.

    (a) Self-Sustaining Resource Advisory Committee Projects.--Title II 
of the Secure Rural Schools and Community Self-Determination Act of 
2000 (16 U.S.C. 7121 et seq.) is amended by adding at the end the 
following new section:

``SEC. 209. PROGRAM FOR SELF-SUSTAINING RESOURCE ADVISORY COMMITTEE 
              PROJECTS.

    ``(a) RAC Program.--The Chief of the Forest Service shall conduct a 
program (to be known as the `self-sustaining resource advisory 
committee program' or `RAC program') under which 10 resource advisory 
committees will propose projects authorized by subsection (c) to be 
carried out using project funds reserved by a participating county 
under section 102(d).
    ``(b) Selection of Participating Resource Advisory Committees.--The 
selection of resource advisory committees to participate in the RAC 
program is in the sole discretion of the Chief of the Forest Service, 
except that, consistent with section 205(d)(6), a selected resource 
advisory committee must have a minimum of six members.
    ``(c) Authorized Projects.--Notwithstanding the project purposes 
specified in sections 202(b), 203(c), and 204(a)(5), projects under the 
RAC program are intended to--
            ``(1) accomplish forest management objectives or support 
        community development; and
            ``(2) generate receipts.
    ``(d) Deposit and Availability of Revenues.--Any revenue generated 
by a project conducted under the RAC program, including any interest 
accrued from the revenues, shall be--
            ``(1) deposited in the special account in the Treasury 
        established under section 102(d)(2)(A); and
            ``(2) available, in such amounts as may be provided in 
        advance in appropriation Acts, for additional projects under 
        the RAC program.
    ``(e) Termination of Authority.--
            ``(1) In general.--The authority to initiate a project 
        under the RAC program shall terminate on September 30, 2020.
            ``(2) Deposits in treasury.--Any funds available for 
        projects under the RAC program and not obligated by September 
        30, 2021, shall be deposited in the Treasury of the United 
        States.''.
    (b) Exception to General Rule Regarding Treatment of Receipts.--
Section 403(b) of the Secure Rural Schools and Community Self-
Determination Act of 2000 (16 U.S.C. 7153(b)) is amended by striking 
``All revenues'' and inserting ``Except as provided in section 209, all 
revenues''.

SEC. 404. ADDITIONAL AUTHORIZED USE OF RESERVED FUNDS FOR TITLE III 
              COUNTY PROJECTS.

    Section 302(a) of the Secure Rural Schools and Community Self-
Determination Act of 2000 (16 U.S.C. 7142(a)) is amended--
            (1) in paragraph (2)--
                    (A) by inserting ``and law enforcement patrols'' 
                after ``including firefighting''; and
                    (B) by striking ``and'' at the end;
            (2) by redesignating paragraph (3) as paragraph (4); and
            (3) by inserting after paragraph (2) the following new 
        paragraph (3):
            ``(3) to cover training costs and equipment purchases 
        directly related to the emergency services described in 
        paragraph (2); and''.

SEC. 405. TREATMENT AS SUPPLEMENTAL FUNDING.

    Section 102 of the Secure Rural Schools and Community Self-
Determination Act of 2000 (16 U.S.C. 7112) is amended by adding at the 
end the following new subsection:
    ``(f) Treatment as Supplemental Funding.--None of the funds made 
available to a beneficiary county or other political subdivision of a 
State under this Act shall be used in lieu of or to otherwise offset 
State funding sources for local schools, facilities, or educational 
purposes.''.

              TITLE V--STEWARDSHIP END RESULT CONTRACTING

SEC. 501. CANCELLATION CEILINGS FOR STEWARDSHIP END RESULT CONTRACTING 
              PROJECTS.

    (a) Cancellation Ceilings.--Section 604 of the Healthy Forests 
Restoration Act of 2003 (16 U.S.C. 6591c) is amended--
            (1) by redesignating subsections (h) and (i) as subsections 
        (i) and (j), respectively; and
            (2) by inserting after subsection (g) the following new 
        subsection (h):
    ``(h) Cancellation Ceilings.--
            ``(1) In general.--The Chief and the Director may obligate 
        funds to cover any potential cancellation or termination costs 
        for an agreement or contract under subsection (b) in stages 
        that are economically or programmatically viable.
            ``(2) Advance notice to congress of cancellation ceiling in 
        excess of $25 million.--Not later than 30 days before entering 
        into a multiyear agreement or contract under subsection (b) 
        that includes a cancellation ceiling in excess of $25 million, 
        but does not include proposed funding for the costs of 
        cancelling the agreement or contract up to such cancellation 
        ceiling, the Chief or the Director, as the case may be, shall 
        submit to the Committee on Energy and Natural Resources and the 
        Committee on Agriculture, Nutrition, and Forestry of the Senate 
        and the Committee on Natural Resources and the Committee on 
        Agriculture of the House of Representatives a written notice 
        that includes--
                    ``(A) the cancellation ceiling amounts proposed for 
                each program year in the agreement or contract;
                    ``(B) the reasons why such cancellation ceiling 
                amounts were selected;
                    ``(C) the extent to which the costs of contract 
                cancellation are not included in the budget for the 
                agreement or contract; and
                    ``(D) an assessment of the financial risk of not 
                including budgeting for the costs of agreement or 
                contract cancellation.
            ``(3) Transmittal of notice to omb.--Not later than 14 days 
        after the date on which written notice is provided under 
        paragraph (2) with respect to an agreement or contract under 
        subsection (b), the Chief or the Director, as the case may be, 
        shall transmit a copy of the notice to the Director of the 
        Office of Management and Budget.''.
    (b) Relation to Other Laws.--Section 604(d)(5) of the Healthy 
Forests Restoration Act of 2003 (16 U.S.C. 6591c(d)(5)) is amended by 
striking ``, the Chief may'' and inserting ``and section 2(a)(1) of the 
Act of July 31, 1947 (commonly known as the Materials Act of 1947; 30 
U.S.C. 602(a)(1)), the Chief and the Director may''.

SEC. 502. EXCESS OFFSET VALUE.

    Section 604(g)(2) of the Healthy Forests Restoration Act of 2003 
(16 U.S.C. 6591c(g)(2)) is amended by striking subparagraphs (A) and 
(B) and inserting the following new subparagraphs:
                    ``(A) use the excess to satisfy any outstanding 
                liabilities for cancelled agreements or contracts; or
                    ``(B) if there are no outstanding liabilities under 
                subparagraph (A), apply the excess to other authorized 
                stewardship projects.''.

SEC. 503. PAYMENT OF PORTION OF STEWARDSHIP PROJECT REVENUES TO COUNTY 
              IN WHICH STEWARDSHIP PROJECT OCCURS.

    Section 604(e) of the Healthy Forests Restoration Act of 2003 (16 
U.S.C. 6591c(e)) is amended--
            (1) in paragraph (2)(B), by inserting ``subject to 
        paragraph (3)(A),'' before ``shall''; and
            (2) in paragraph (3)(A), by striking ``services received by 
        the Chief or the Director'' and all that follows through the 
        period at the end and inserting the following: ``services and 
        in-kind resources received by the Chief or the Director under a 
        stewardship contract project conducted under this section shall 
        not be considered monies received from the National Forest 
        System or the public lands, but any payments made by the 
        contractor to the Chief or Director under the project shall be 
        considered monies received from the National Forest System or 
        the public lands.''.

SEC. 504. SUBMISSION OF EXISTING ANNUAL REPORT.

    Subsection (j) of section 604 of the Healthy Forests Restoration 
Act of 2003 (16 U.S.C. 6591c), as redesignated by section 501(a)(1), is 
amended by striking ``report to the Committee on Agriculture, 
Nutrition, and Forestry of the Senate and the Committee on Agriculture 
of the House of Representatives'' and inserting ``submit to the 
congressional committees specified in subsection (h)(2) a report''.

SEC. 505. FIRE LIABILITY PROVISION.

    Section 604(d) of the Healthy Forests Restoration Act of 2003 (16 
U.S.C. 6591c(d)) is amended by adding at the end the following new 
paragraph:
            ``(8) Modification.--Upon the request of the contractor, a 
        contract or agreement under this section awarded before 
        February 7, 2014, shall be modified by the Chief or Director to 
        include the fire liability provisions described in paragraph 
        (7).''.

 TITLE VI--ADDITIONAL FUNDING SOURCES FOR FOREST MANAGEMENT ACTIVITIES

SEC. 601. DEFINITIONS.

    In this title:
            (1) Eligible entity.--The term ``eligible entity'' means--
                    (A) a State or political subdivision of a State 
                containing National Forest System lands or public 
                lands;
                    (B) a publicly chartered utility serving one or 
                more States or a political subdivision thereof;
                    (C) a rural electric company; and
                    (D) any other entity determined by the Secretary 
                concerned to be appropriate for participation in the 
                Fund.
            (2) Fund.--The term ``Fund'' means the State-Supported 
        Forest Management Fund established by section 603.

SEC. 602. AVAILABILITY OF STEWARDSHIP PROJECT REVENUES AND 
              COLLABORATIVE FOREST LANDSCAPE RESTORATION FUND TO COVER 
              FOREST MANAGEMENT ACTIVITY PLANNING COSTS.

    (a) Availability of Stewardship Project Revenues.--Section 
604(e)(2)(B) of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 
6591c(e)(2)(B)), as amended by section 503, is further amended by 
striking ``appropriation at the project site from which the monies are 
collected or at another project site.'' and inserting the following: 
``appropriation--
                            ``(i) at the project site from which the 
                        monies are collected or at another project 
                        site; and
                            ``(ii) to cover not more than 25 percent of 
                        the cost of planning additional stewardship 
                        contracting projects.''.
    (b) Availability of Collaborative Forest Landscape Restoration 
Fund.--Section 4003(f)(1) of the Omnibus Public Land Management Act of 
2009 (16 U.S.C. 7303(f)(1)) is amended by striking ``carrying out and'' 
and inserting ``planning, carrying out, and''.

SEC. 603. STATE-SUPPORTED PLANNING OF FOREST MANAGEMENT ACTIVITIES.

    (a) State-Supported Forest Management Fund.--There is established 
in the Treasury of the United States a fund, to be known as the 
``State-Supported Forest Management Fund'', to cover the cost of 
planning (especially related to compliance with section 102(2) of the 
National Environmental Policy Act of 1969 (42 U.S.C. 4332(2))), 
carrying out, and monitoring certain forest management activities on 
National Forest System lands or public lands.
    (b) Contents.--The State-Supported Forest Management Fund shall 
consist of such amounts as may be--
            (1) contributed by an eligible entity for deposit in the 
        Fund;
            (2) appropriated to the Fund; or
            (3) generated by forest management activities carried out 
        using amounts in the Fund.
    (c) Geographical and Use Limitations.--In making a contribution 
under subsection (b)(1), an eligible entity may--
            (1) specify the National Forest System lands or public 
        lands for which the contribution may be expended; and
            (2) limit the types of forest management activities for 
        which the contribution may be expended.
    (d) Authorized Forest Management Activities.--In such amounts as 
may be provided in advance in appropriation Acts, the Secretary 
concerned may use the Fund to plan, carry out, and monitor a forest 
management activity that--
            (1) is developed through a collaborative process;
            (2) is proposed by a resource advisory committee; or
            (3) is covered by a community wildfire protection plan.
    (e) Implementation Methods.--A forest management activity carried 
out using amounts in the Fund may be carried out using a contract or 
agreement under section 604 of the Healthy Forests Restoration Act of 
2003 (16 U.S.C. 6591c), the good neighbor authority provided by section 
8206 of the Agricultural Act of 2014 (16 U.S.C. 2113a), a contract 
under section 14 of the National Forest Management Act of 1976 (16 
U.S.C. 472a), or other authority available to the Secretary concerned, 
but revenues generated by the forest management activity shall be used 
to reimburse the Fund for planning costs covered using amounts in the 
Fund.
    (f) Relation to Other Laws.--
            (1) Revenue sharing.--Subject to subsection (e), revenues 
        generated by a forest management activity carried out using 
        amounts from the Fund shall be considered monies received from 
        the National Forest System.
            (2) Knutson-vanderberg act.--The Act of June 9, 1930 
        (commonly known as the Knutson-Vanderberg Act; 16 U.S.C. 576 et 
        seq.), shall apply to any forest management activity carried 
        out using amounts in the Fund.
    (g) Termination of Fund.--
            (1) Termination.--The Fund shall terminate 10 years after 
        the date of the enactment of this Act.
            (2) Effect of termination.--Upon the termination of the 
        Fund pursuant to paragraph (1) or pursuant to any other 
        provision of law, unobligated contributions remaining in the 
        Fund shall be returned to the eligible entity that made the 
        contribution.

        TITLE VII--TRIBAL FORESTRY PARTICIPATION AND PROTECTION

SEC. 701. PROTECTION OF TRIBAL FOREST ASSETS THROUGH USE OF STEWARDSHIP 
              END RESULT CONTRACTING AND OTHER AUTHORITIES.

    (a) Prompt Consideration of Tribal Requests.--Section 2(b) of the 
Tribal Forest Protection Act of 2004 (25 U.S.C. 3115a(b)) is amended--
            (1) in paragraph (1), by striking ``Not later than 120 days 
        after the date on which an Indian tribe submits to the 
        Secretary'' and inserting ``In response to the submission by an 
        Indian tribe of''; and
            (2) by adding at the end the following new paragraph:
            ``(4) Time periods for consideration.--
                    ``(A) Initial response.--Not later than 120 days 
                after the date on which the Secretary receives a tribal 
                request under paragraph (1), the Secretary shall 
                provide an initial response to the Indian tribe 
                regarding--
                            ``(i) whether the request may meet the 
                        selection criteria described in subsection (c); 
                        and
                            ``(ii) the likelihood of the Secretary 
                        entering into an agreement or contract with the 
                        Indian tribe under paragraph (2) for activities 
                        described in paragraph (3).
                    ``(B) Notice of denial.--Notice under subsection 
                (d) of the denial of a tribal request under paragraph 
                (1) shall be provided not later than 1 year after the 
                date on which the Secretary received the request.
                    ``(C) Completion.--Not later than 2 years after the 
                date on which the Secretary receives a tribal request 
                under paragraph (1), other than a tribal request denied 
                under subsection (d), the Secretary shall--
                            ``(i) complete all environmental reviews 
                        necessary in connection with the agreement or 
                        contract and proposed activities under the 
                        agreement or contract; and
                            ``(ii) enter into the agreement or contract 
                        with the Indian tribe under paragraph (2).''.
    (b) Conforming and Technical Amendments.--Section 2 of the Tribal 
Forest Protection Act of 2004 (25 U.S.C. 3115a) is amended--
            (1) in subsections (b)(1) and (f)(1), by striking ``section 
        347 of the Department of the Interior and Related Agencies 
        Appropriations Act, 1999 (16 U.S.C. 2104 note; Public Law 105-
        277) (as amended by section 323 of the Department of the 
        Interior and Related Agencies Appropriations Act, 2003 (117 
        Stat. 275))'' and inserting ``section 604 of the Healthy 
        Forests Restoration Act of 2003 (16 U.S.C. 6591c)''; and
            (2) in subsection (d), by striking ``subsection (b)(1), the 
        Secretary may'' and inserting ``paragraphs (1) and (4)(B) of 
        subsection (b), the Secretary shall''.

SEC. 702. MANAGEMENT OF INDIAN FOREST LAND AUTHORIZED TO INCLUDE 
              RELATED NATIONAL FOREST SYSTEM LANDS AND PUBLIC LANDS.

    Section 305 of the National Indian Forest Resources Management Act 
(25 U.S.C. 3104) is amended by adding at the end the following new 
subsection:
    ``(c) Inclusion of Certain National Forest System Land and Public 
Land.--
            ``(1) Authority.--At the request of an Indian tribe, the 
        Secretary concerned may treat Federal forest land as Indian 
        forest land for purposes of planning and conducting forest land 
        management activities under this section if the Federal forest 
        land is located within, or mostly within, a geographic area 
        that presents a feature or involves circumstances principally 
        relevant to that Indian tribe, such as Federal forest land 
        ceded to the United States by treaty, Federal forest land 
        within the boundaries of a current or former reservation, or 
        Federal forest land adjudicated to be tribal homelands.
            ``(2) Requirements.--As part of the agreement to treat 
        Federal forest land as Indian forest land under paragraph (1), 
        the Secretary concerned and the Indian tribe making the request 
        shall--
                    ``(A) provide for continued public access 
                applicable to the Federal forest land prior to the 
                agreement, except that the Secretary concerned may 
                limit or prohibit such access as needed;
                    ``(B) continue sharing revenue generated by the 
                Federal forest land with State and local governments 
                either--
                            ``(i) on the terms applicable to the 
                        Federal forest land prior to the agreement, 
                        including, where applicable, 25-percent 
                        payments or 50-percent payments; or
                            ``(ii) at the option of the Indian tribe, 
                        on terms agreed upon by the Indian tribe, the 
                        Secretary concerned, and State and county 
                        governments participating in a revenue sharing 
                        agreement for the Federal forest land;
                    ``(C) comply with applicable prohibitions on the 
                export of unprocessed logs harvested from the Federal 
                forest land;
                    ``(D) recognize all right-of-way agreements in 
                place on Federal forest land prior to commencement of 
                tribal management activities; and
                    ``(E) ensure that all commercial timber removed 
                from the Federal forest land is sold on a competitive 
                bid basis.
            ``(3) Limitation.--Treating Federal forest land as Indian 
        forest land for purposes of planning and conducting management 
        activities pursuant to paragraph (1) shall not be construed to 
        designate the Federal forest land as Indian forest lands for 
        any other purpose.
            ``(4) Definitions.--In this subsection:
                    ``(A) Federal forest land.--The term `Federal 
                forest land' means--
                            ``(i) National Forest System lands; and
                            ``(ii) public lands (as defined in section 
                        103(e) of the Federal Land Policy and 
                        Management Act of 1976 (43 U.S.C. 1702(e))), 
                        including Coos Bay Wagon Road Grant lands 
                        reconveyed to the United States pursuant to the 
                        first section of the Act of February 26, 1919 
                        (40 Stat. 1179), and Oregon and California 
                        Railroad Grant lands.
                    ``(B) Secretary concerned.--The term `Secretary 
                concerned' means--
                            ``(i) the Secretary of Agriculture, with 
                        respect to the Federal forest land referred to 
                        in subparagraph (A)(i); and
                            ``(ii) the Secretary of the Interior, with 
                        respect to the Federal forest land referred to 
                        in subparagraph (A)(ii).''.

SEC. 703. TRIBAL FOREST MANAGEMENT DEMONSTRATION PROJECT.

    The Secretary of the Interior and the Secretary of Agriculture may 
carry out demonstration projects by which federally recognized Indian 
tribes or tribal organizations may contract to perform administrative, 
management, and other functions of programs of the Tribal Forest 
Protection Act of 2004 (25 U.S.C. 3115a et seq.) through contracts 
entered into under the Indian Self-Determination and Education 
Assistance Act (25 U.S.C. 450 et seq.).

         TITLE VIII--MISCELLANEOUS FOREST MANAGEMENT PROVISIONS

SEC. 801. BALANCING SHORT- AND LONG-TERM EFFECTS OF FOREST MANAGEMENT 
              ACTIVITIES IN CONSIDERING INJUNCTIVE RELIEF.

    As part of its weighing the equities while considering any request 
for an injunction that applies to any agency action as part of a forest 
management activity under titles I through VIII, the court reviewing 
the agency action shall balance the impact to the ecosystem likely 
affected by the forest management activity of--
            (1) the short- and long-term effects of undertaking the 
        agency action; against
            (2) the short- and long-term effects of not undertaking the 
        action.

SEC. 802. CONDITIONS ON FOREST SERVICE ROAD DECOMMISSIONING.

    (a) Consultation With Affected County.--Whenever any Forest Service 
defined maintenance level one- or two-system road within a designated 
high fire prone area of a unit of the National Forest System is 
considered for decommissioning, the Forest Supervisor of that unit of 
the National Forest System shall--
            (1) consult with the government of the county containing 
        the road regarding the merits and possible consequences of 
        decommissioning the road; and
            (2) solicit possible alternatives to decommissioning the 
        road.
    (b) Regional Forester Approval.--A Forest Service road described in 
subsection (a) may not be decommissioned without the advance approval 
of the Regional Forester.

SEC. 803. PROHIBITION ON APPLICATION OF EASTSIDE SCREENS REQUIREMENTS 
              ON NATIONAL FOREST SYSTEM LANDS.

    On and after the date of the enactment of this Act, the Secretary 
of Agriculture may not apply to National Forest System lands any of the 
amendments to forest plans adopted in the Decision Notice for the 
Revised Continuation of Interim Management Direction Establishing 
Riparian, Ecosystem and Wildlife Standards for Timber Sales (commonly 
known as the Eastside Screens requirements), including all preceding or 
associated versions of these amendments.

SEC. 804. USE OF SITE-SPECIFIC FOREST PLAN AMENDMENTS FOR CERTAIN 
              PROJECTS AND ACTIVITIES.

    If the Secretary concerned determines that, in order to conduct a 
project or carry out an activity implementing a forest plan, an 
amendment to the forest plan is required, the Secretary concerned shall 
execute such amendment as a nonsignificant plan amendment through the 
record of decision or decision notice for the project or activity.

SEC. 805. KNUTSON-VANDENBERG ACT MODIFICATIONS.

    (a) Deposits of Funds From National Forest Timber Purchasers 
Required.--Section 3(a) of the Act of June 9, 1930 (commonly known as 
the Knutson-Vandenberg Act; 16 U.S.C. 576b(a)), is amended by striking 
``The Secretary'' and all that follows through ``any purchaser'' and 
inserting the following: ``The Secretary of Agriculture shall require 
each purchaser''.
    (b) Conditions on Use of Deposits.--Section 3 of the Act of June 9, 
1930 (commonly known as the Knutson-Vandenberg Act; 16 U.S.C. 576b), is 
amended--
            (1) by striking ``Such deposits'' and inserting the 
        following:
    ``(b) Amounts deposited under subsection (a)'';
            (2) by redesignating subsection (c) as subsection (d); and
            (3) by inserting before subsection (d), as so redesignated, 
        the following new subsection (c):
    ``(c)(1) Amounts in the special fund established pursuant to this 
section--
            ``(A) shall be used exclusively to implement activities 
        authorized by subsection (a); and
            ``(B) may be used anywhere within the Forest Service Region 
        from which the original deposits were collected.
    ``(2) The Secretary of Agriculture may not deduct overhead costs 
from the funds collected under subsection (a), except as needed to fund 
personnel of the responsible Ranger District for the planning and 
implementation of the activities authorized by subsection (a).''.

SEC. 806. EXCLUSION OF CERTAIN NATIONAL FOREST SYSTEM LANDS AND PUBLIC 
              LANDS.

    Unless specifically provided by a provision of titles I through 
VIII, the authorities provided by such titles do not apply with respect 
to any National Forest System lands or public lands--
            (1) that are included in the National Wilderness 
        Preservation System;
            (2) that are located within an inventoried roadless area 
        unless the forest management activity to be carried out under 
        such authority is consistent with the forest plan applicable to 
        the area; or
            (3) on which timber harvesting for any purpose is 
        prohibited by statute.

SEC. 807. APPLICATION OF NORTHWEST FOREST PLAN SURVEY AND MANAGE 
              MITIGATION MEASURE STANDARD AND GUIDELINES.

    The Northwest Forest Plan Survey and Manage Mitigation Measure 
Standard and Guidelines shall not apply to any National Forest System 
lands or public lands.

SEC. 808. MANAGEMENT OF BUREAU OF LAND MANAGEMENT LANDS IN WESTERN 
              OREGON.

    (a) General Rule.--All of the public land managed by the Bureau of 
Land Management in the Salem District, Eugene District, Roseburg 
District, Coos Bay District, Medford District, and the Klamath Resource 
Area of the Lakeview District in the State of Oregon shall hereafter be 
managed pursuant to title I of the of the Act of August 28, 1937 (43 
U.S.C. 1181a through 1181e). Except as provided in subsection (b), all 
of the revenue produced from such land shall be deposited in the 
Treasury of the United States in the Oregon and California land-grant 
fund and be subject to the provisions of title II of the Act of August 
28, 1937 (43 U.S.C. 1181f).
    (b) Certain Lands Excluded.--Subsection (a) does not apply to any 
revenue that is required to be deposited in the Coos Bay Wagon Road 
grant fund pursuant to sections 1 through 4 of the Act of May 24, 1939 
(43 U.S.C. 1181f-1 through f-4).

SEC. 809. BUREAU OF LAND MANAGEMENT RESOURCE MANAGEMENT PLANS.

    (a) Additional Analysis and Alternatives.--To develop a full range 
of reasonable alternatives as required by the National Environmental 
Policy Act of 1969, the Secretary of the Interior shall develop and 
consider in detail a reference analysis and two additional alternatives 
as part of the revisions of the resource management plans for the 
Bureau of Land Management's Salem, Eugene, Coos Bay, Roseburg, and 
Medford Districts and the Klamath Resource Area of the Lakeview 
District.
    (b) Reference Analysis.--The reference analysis required by 
subsection (a) shall measure and assume the harvest of the annual 
growth net of natural mortality for all forested land in the planning 
area in order to determine the maximum sustained yield capacity of the 
forested land base and to establish a baseline by which the Secretary 
of the Interior shall measure incremental effects on the sustained 
yield capacity and environmental impacts from management prescriptions 
in all other alternatives.
    (c) Additional Alternatives.--
            (1) Carbon sequestration alternative.--The Secretary of the 
        Interior shall develop and consider an additional alternative 
        with the goal of maximizing the total carbon benefits from 
        forest storage and wood product storage. To the extent 
        practicable, the analysis shall consider--
                    (A) the future risks to forest carbon from 
                wildfires, insects, and disease;
                    (B) the amount of carbon stored in products or in 
                landfills;
                    (C) the life cycle benefits of harvested wood 
                products compared to non-renewable products; and
                    (D) the energy produced from wood residues.
            (2) Sustained yield alternative.--The Secretary of the 
        Interior shall develop and consider an additional alternative 
        that produces the greater of 500 million board feet or the 
        annual net growth on the acres classified as timberland, 
        excluding any congressionally reserved areas. The projected 
        harvest levels, as nearly as practicable, shall be distributed 
        among the Districts referred to in subsection (a) in the same 
        proportion as the maximum yield capacity of each such District 
        bears to maximum yield capacity of the planning area as a 
        whole.
    (d) Additional Analysis and Public Participation.--The Secretary of 
the Interior shall publish the reference analysis and additional 
alternatives and analyze their environmental and economic consequences 
in a supplemental draft environmental impact statement. The draft 
environmental impact statement and supplemental draft environmental 
impact statement shall be made available for public comment for a 
period of not less than 180 days. The Secretary shall respond to any 
comments received before making a final decision between all 
alternatives.
    (e) Rule of Construction.--Nothing in this section shall affect the 
obligation of the Secretary of the Interior to manage the timberlands 
as required by the Act of August 28, 1937 (50 Stat. 874; 43 U.S.C. 
1181a-1181j).

SEC. 810. LANDSCAPE-SCALE FOREST RESTORATION PROJECT.

    The Secretary of Agriculture shall develop and implement at least 
one landscape-scale forest restoration project that includes, as a 
defined purpose of the project, the generation of material that will be 
used to promote advanced wood products. The project shall be developed 
through a collaborative process.

         TITLE IX--MAJOR DISASTER FOR WILDFIRE ON FEDERAL LAND

SEC. 901. WILDFIRE ON FEDERAL LANDS.

    Section 102(2) of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5122(2)) is amended--
            (1) by striking ``(2)'' and all that follows through 
        ``means'' and inserting the following:
            ``(2) Major disaster.--
                    ``(A) Major disaster.--The term `major disaster' 
                means''; and
            (2) by adding at the end the following:
                    ``(B) Major disaster for wildfire on federal 
                lands.--The term `major disaster for wildfire on 
                Federal lands' means any wildfire or wildfires, which 
                in the determination of the President under section 802 
                warrants assistance under section 803 to supplement the 
                efforts and resources of the Department of the Interior 
                or the Department of Agriculture--
                            ``(i) on Federal lands; or
                            ``(ii) on non-Federal lands pursuant to a 
                        fire protection agreement or cooperative 
                        agreement.''.

SEC. 902. DECLARATION OF A MAJOR DISASTER FOR WILDFIRE ON FEDERAL 
              LANDS.

    The Robert T. Stafford Disaster Relief and Emergency Assistance Act 
(42 U.S.C. 5170 et seq.) is amended by adding at the end the following:

       ``TITLE VIII--MAJOR DISASTER FOR WILDFIRE ON FEDERAL LAND

``SEC. 801. DEFINITIONS.

    ``As used in this title--
            ``(1) Federal land.--The term `Federal land' means--
                    ``(A) any land under the jurisdiction of the 
                Department of the Interior; and
                    ``(B) any land under the jurisdiction of the United 
                States Forest Service.
            ``(2) Federal land management agencies.--The term `Federal 
        land management agencies' means--
                    ``(A) the Bureau of Land Management;
                    ``(B) the National Park Service;
                    ``(C) the Bureau of Indian Affairs;
                    ``(D) the United States Fish and Wildlife Service; 
                and
                    ``(E) the United States Forest Service.
            ``(3) Wildfire suppression operations.--The term `wildfire 
        suppression operations' means the emergency and unpredictable 
        aspects of wildland firefighting, including support, response, 
        emergency stabilization activities, and other emergency 
        management activities of wildland firefighting on Federal lands 
        (or on non-Federal lands pursuant to a fire protection 
        agreement or cooperative agreement) by the Federal land 
        management agencies covered by the wildfire suppression 
        subactivity of the Wildland Fire Management account or the 
        FLAME Wildfire Suppression Reserve Fund account of the Federal 
        land management agencies.

``SEC. 802. PROCEDURE FOR DECLARATION OF A MAJOR DISASTER FOR WILDFIRE 
              ON FEDERAL LANDS.

    ``(a) In General.--The Secretary of the Interior or the Secretary 
of Agriculture may submit a request to the President consistent with 
the requirements of this title for a declaration by the President that 
a major disaster for wildfire on Federal lands exists.
    ``(b) Requirements.--A request for a declaration by the President 
that a major disaster for wildfire on Federal lands exists shall--
            ``(1) be made in writing by the respective Secretary;
            ``(2) certify that the amount appropriated in the current 
        fiscal year for wildfire suppression operations of the Federal 
        land management agencies under the jurisdiction of the 
        respective Secretary, net of any concurrently enacted 
        rescissions of wildfire suppression funds, increases the total 
        unobligated balance of amounts available for wildfire 
        suppression by an amount equal to or greater than the average 
        total costs incurred by the Federal land management agencies 
        per year for wildfire suppression operations, including the 
        suppression costs in excess of appropriated amounts, over the 
        previous ten fiscal years;
            ``(3) certify that the amount available for wildfire 
        suppression operations of the Federal land management agencies 
        under the jurisdiction of the respective Secretary will be 
        obligated not later than 30 days after such Secretary notifies 
        the President that wildfire suppression funds will be exhausted 
        to fund ongoing and anticipated wildfire suppression operations 
        related to the wildfire on which the request for the 
        declaration of a major disaster for wildfire on Federal lands 
        pursuant to this title is based; and
            ``(4) specify the amount required in the current fiscal 
        year to fund wildfire suppression operations related to the 
        wildfire on which the request for the declaration of a major 
        disaster for wildfire on Federal lands pursuant to this title 
        is based.
    ``(c) Declaration.--Based on the request of the respective 
Secretary under this title, the President may declare that a major 
disaster for wildfire on Federal lands exists.

``SEC. 803. WILDFIRE ON FEDERAL LANDS ASSISTANCE.

    ``(a) In General.--In a major disaster for wildfire on Federal 
lands, the President may transfer funds, only from the account 
established pursuant to subsection (b), to the Secretary of the 
Interior or the Secretary of Agriculture to conduct wildfire 
suppression operations on Federal lands (and non-Federal lands pursuant 
to a fire protection agreement or cooperative agreement).
    ``(b) Wildfire Suppression Operations Account.--The President shall 
establish a specific account for the assistance available pursuant to a 
declaration under section 802. Such account may only be used to fund 
assistance pursuant to this title.
    ``(c) Limitation.--
            ``(1) Limitation of transfer.--The assistance available 
        pursuant to a declaration under section 802 is limited to the 
        transfer of the amount requested pursuant to section 802(b)(4). 
        The assistance available for transfer shall not exceed the 
        amount contained in the wildfire suppression operations account 
        established pursuant to subsection (b).
            ``(2) Transfer of funds.--Funds under this section shall be 
        transferred from the wildfire suppression operations account to 
        the wildfire suppression subactivity of the Wildland Fire 
        Management Account.
    ``(d) Prohibition of Other Transfers.--Except as provided in this 
section, no funds may be transferred to or from the account established 
pursuant to subsection (b) to or from any other fund or account.
    ``(e) Reimbursement for Wildfire Suppression Operations on Non-
Federal Land.--If amounts transferred under subsection (c) are used to 
conduct wildfire suppression operations on non-Federal land, the 
respective Secretary shall--
            ``(1) secure reimbursement for the cost of such wildfire 
        suppression operations conducted on the non-Federal land; and
            ``(2) transfer the amounts received as reimbursement to the 
        wildfire suppression operations account established pursuant to 
        subsection (b).
    ``(f) Annual Accounting and Reporting Requirements.--Not later than 
90 days after the end of each fiscal year for which assistance is 
received pursuant to this section, the respective Secretary shall 
submit to the Committees on Agriculture, Appropriations, the Budget, 
Natural Resources, and Transportation and Infrastructure of the House 
of Representatives and the Committees on Agriculture, Nutrition, and 
Forestry, Appropriations, the Budget, Energy and Natural Resources, 
Homeland Security and Governmental Affairs, and Indian Affairs of the 
Senate, and make available to the public, a report that includes the 
following:
            ``(1) The risk-based factors that influenced management 
        decisions regarding wildfire suppression operations of the 
        Federal land management agencies under the jurisdiction of the 
        Secretary concerned.
            ``(2) Specific discussion of a statistically significant 
        sample of large fires, in which each fire is analyzed for cost 
        drivers, effectiveness of risk management techniques, resulting 
        positive or negative impacts of fire on the landscape, impact 
        of investments in preparedness, suggested corrective actions, 
        and such other factors as the respective Secretary considers 
        appropriate.
            ``(3) Total expenditures for wildfire suppression 
        operations of the Federal land management agencies under the 
        jurisdiction of the respective Secretary, broken out by fire 
        sizes, cost, regional location, and such other factors as the 
        such Secretary considers appropriate.
            ``(4) Lessons learned.
            ``(5) Such other matters as the respective Secretary 
        considers appropriate.
    ``(g) Savings Provision.--Nothing in this title shall limit the 
Secretary of the Interior, the Secretary of Agriculture, Indian tribe, 
or a State from receiving assistance through a declaration made by the 
President under this Act when the criteria for such declaration have 
been met.''.

SEC. 903. PROHIBITION ON TRANSFERS.

    No funds may be transferred to or from the Federal land management 
agencies' wildfire suppression operations accounts referred to in 
section 801(3) of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act to or from any account or subactivity of the Federal 
land management agencies, as defined in section 801(2) of such Act, 
that is not used to cover the cost of wildfire suppression operations.

                     DIVISION C--NATURAL RESOURCES

         TITLE I--WESTERN WATER AND AMERICAN FOOD SECURITY ACT

SEC. 1001. SHORT TITLE.

    This title may be cited as the ``Western Water and American Food 
Security Act of 2015''.

SEC. 1002. FINDINGS.

    Congress finds as follows:
            (1) As established in the Proclamation of a State of 
        Emergency issued by the Governor of the State on January 17, 
        2014, the State is experiencing record dry conditions.
            (2) Extremely dry conditions have persisted in the State 
        since 2012, and the drought conditions are likely to persist 
        into the future.
            (3) The water supplies of the State are at record-low 
        levels, as indicated by the fact that all major Central Valley 
        Project reservoir levels were at 20-35 percent of capacity as 
        of September 25, 2014.
            (4) The lack of precipitation has been a significant 
        contributing factor to the 6,091 fires experienced in the State 
        as of September 15, 2014, and which covered nearly 400,000 
        acres.
            (5) According to a study released by the University of 
        California, Davis in July 2014, the drought has led to the 
        fallowing of 428,000 acres of farmland, loss of $810 million in 
        crop revenue, loss of $203 million in dairy and other livestock 
        value, and increased groundwater pumping costs by $454 million. 
        The statewide economic costs are estimated to be $2.2 billion, 
        with over 17,000 seasonal and part-time agricultural jobs lost.
            (6) CVPIA Level II water deliveries to refuges have also 
        been reduced by 25 percent in the north of Delta region, and by 
        35 percent in the south of Delta region.
            (7) Only one-sixth of the usual acres of rice fields are 
        being flooded this fall, which leads to a significant decline 
        in habitat for migratory birds and an increased risk of disease 
        at the remaining wetlands due to overcrowding of such birds.
            (8) The drought of 2013 through 2014 constitutes a serious 
        emergency that poses immediate and severe risks to human life 
        and safety and to the environment throughout the State.
            (9) The serious emergency described in paragraph (4) 
        requires--
                    (A) immediate and credible action that respects the 
                complexity of the water system of the State and the 
                importance of the water system to the entire State; and
                    (B) policies that do not pit stakeholders against 
                one another, which history shows only leads to costly 
                litigation that benefits no one and prevents any real 
                solutions.
            (10) Data on the difference between water demand and 
        reliable water supplies for various regions of California south 
        of the Delta, including the San Joaquin Valley, indicate there 
        is a significant annual gap between reliable water supplies to 
        meet agricultural, municipal and industrial, groundwater, and 
        refuges water needs within the Delta Division, San Luis Unit 
        and Friant Division of the Central Valley Project and the State 
        Water Project south of the Sacramento-San Joaquin River Delta 
        and the demands of those areas. This gap varies depending on 
        the methodology of the analysis performed, but can be 
        represented in the following ways:
                    (A) For Central Valley Project South-of-Delta water 
                service contractors, if it is assumed that a water 
                supply deficit is the difference in the amount of water 
                available for allocation versus the maximum contract 
                quantity, then the water supply deficits that have 
                developed from 1992 to 2014 as a result of legislative 
                and regulatory changes besides natural variations in 
                hydrology during this timeframe range between 720,000 
                and 1,100,000 acre-feet.
                    (B) For Central Valley Project and State Water 
                Project water service contractors south of the Delta 
                and north of the Tehachapi mountain range, if it is 
                assumed that a water supply deficit is the difference 
                between reliable water supplies, including maximum 
                water contract deliveries, safe yield of groundwater, 
                safe yield of local and surface supplies and long-term 
                contracted water transfers, and water demands, 
                including water demands from agriculture, municipal and 
                industrial and refuge contractors, then the water 
                supply deficit ranges between approximately 2,500,000 
                to 2,700,000 acre-feet.
            (11) Data of pumping activities at the Central Valley 
        Project and State Water Project delta pumps identifies that, on 
        average from Water Year 2009 to Water Year 2014, take of Delta 
        smelt is 80 percent less than allowable take levels under the 
        biological opinion issued December 15, 2008.
            (12) Data of field sampling activities of the Interagency 
        Ecological Program located in the Sacramento-San Joaquin 
        Estuary identifies that, on average from 2005 to 2013, the 
        program ``takes'' 3,500 delta smelt during annual surveys with 
        an authorized ``take'' level of 33,480 delta smelt annually--
        according to the biological opinion issued December 9, 1997.
            (13) In 2015, better information exists than was known in 
        2008 concerning conditions and operations that may or may not 
        lead to high salvage events that jeopardize the fish 
        populations, and what alternative management actions can be 
        taken to avoid jeopardy.
            (14) Alternative management strategies, removing non-native 
        species, enhancing habitat, monitoring fish movement and 
        location in real-time, and improving water quality in the Delta 
        can contribute significantly to protecting and recovering these 
        endangered fish species, and at potentially lower costs to 
        water supplies.
            (15) Resolution of fundamental policy questions concerning 
        the extent to which application of the Endangered Species Act 
        of 1973 affects the operation of the Central Valley Project and 
        State Water Project is the responsibility of Congress.

SEC. 1003. DEFINITIONS.

    In this title:
            (1) Delta.--The term ``Delta'' means the Sacramento-San 
        Joaquin Delta and the Suisun Marsh, as defined in sections 
        12220 and 29101 of the California Public Resources Code.
            (2) Export pumping rates.--The term ``export pumping 
        rates'' means the rates of pumping at the C.W. ``Bill'' Jones 
        Pumping Plant and the Harvey O. Banks Pumping Plant, in the 
        southern Delta.
            (3) Listed fish species.--The term ``listed fish species'' 
        means listed salmonid species and the Delta smelt.
            (4) Listed salmonid species.--The term ``listed salmonid 
        species'' means natural origin steelhead, natural origin 
        genetic spring run Chinook, and genetic winter run Chinook 
        salmon including hatchery steelhead or salmon populations 
        within the evolutionary significant unit (ESU) or distinct 
        population segment (DPS).
            (5) Negative impact on the long-term survival.--The term 
        ``negative impact on the long-term survival'' means to reduce 
        appreciably the likelihood of the survival of a listed species 
        in the wild by reducing the reproduction, numbers, or 
        distribution of that species.
            (6) OMR.--The term ``OMR'' means the Old and Middle River 
        in the Delta.
            (7) OMR flow of -5,000 cubic feet per second.--The term 
        ``OMR flow of -5,000 cubic feet per second'' means Old and 
        Middle River flow of negative 5,000 cubic feet per second as 
        described in--
                    (A) the smelt biological opinion; and
                    (B) the salmonid biological opinion.
            (8) Salmonid biological opinion.--The term ``salmonid 
        biological opinion'' means the biological opinion issued by the 
        National Marine Fisheries Service on June 4, 2009.
            (9) Smelt biological opinion.--The term ``smelt biological 
        opinion'' means the biological opinion on the Long-Term 
        Operational Criteria and Plan for coordination of the Central 
        Valley Project and State Water Project issued by the United 
        States Fish and Wildlife Service on December 15, 2008.
            (10) State.--The term ``State'' means the State of 
        California.

 Subtitle A--ADJUSTING DELTA SMELT MANAGEMENT BASED ON INCREASED REAL-
                  TIME MONITORING AND UPDATED SCIENCE

SEC. 1011. DEFINITIONS.

    In this subtitle:
            (1) Director.--The term ``Director'' means the Director of 
        the United States Fish and Wildlife Service.
            (2) Delta smelt.--The term ``Delta smelt'' means the fish 
        species with the scientific name Hypomesus transpacificus.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (4) Commissioner.--The term ``Commissioner'' means the 
        Commissioner of the Bureau of Reclamation.

SEC. 1012. REVISE INCIDENTAL TAKE LEVEL CALCULATION FOR DELTA SMELT TO 
              REFLECT NEW SCIENCE.

    (a) Review and Modification.--Not later than October 1, 2016, and 
at least every five years thereafter, the Director, in cooperation with 
other Federal, State, and local agencies, shall use the best scientific 
and commercial data available to complete a review and, modify the 
method used to calculate the incidental take levels for adult and 
larval/juvenile Delta smelt in the smelt biological opinion that takes 
into account all life stages, among other considerations--
            (1) salvage information collected since at least 1993;
            (2) updated or more recently developed statistical models;
            (3) updated scientific and commercial data; and
            (4) the most recent information regarding the environmental 
        factors affecting Delta smelt salvage.
    (b) Modified Incidental Take Level.--Unless the Director determines 
in writing that one or more of the requirements described in paragraphs 
(1) through (4) are not appropriate, the modified incidental take level 
described in subsection (a) shall--
            (1) be normalized for the abundance of prespawning adult 
        Delta smelt using the Fall Midwater Trawl Index or other index;
            (2) be based on a simulation of the salvage that would have 
        occurred from 1993 through 2012 if OMR flow has been consistent 
        with the smelt biological opinions;
            (3) base the simulation on a correlation between annual 
        salvage rates and historic water clarity and OMR flow during 
        the adult salvage period; and
            (4) set the incidental take level as the 80 percent upper 
        prediction interval derived from simulated salvage rates since 
        at least 1993.

SEC. 1013. FACTORING INCREASED REAL-TIME MONITORING AND UPDATED SCIENCE 
              INTO DELTA SMELT MANAGEMENT.

    (a) In General.--The Director shall use the best scientific and 
commercial data available to implement, continuously evaluate, and 
refine or amend, as appropriate, the reasonable and prudent alternative 
described in the smelt biological opinion, and any successor opinions 
or court order. The Secretary shall make all significant decisions 
under the smelt biological opinion, or any successor opinions that 
affect Central Valley Project and State Water Project operations, in 
writing, and shall document the significant facts upon which such 
decisions are made, consistent with section 706 of title 5, United 
States Code.
    (b) Increased Monitoring To Inform Real-Time Operations.--The 
Secretary shall conduct additional surveys, on an annual basis at the 
appropriate time of the year based on environmental conditions, in 
collaboration with other Delta science interests.
            (1) In implementing this section, the Secretary shall--
                    (A) use the most accurate survey methods available 
                for the detection of Delta smelt to determine the 
                extent that adult Delta smelt are distributed in 
                relation to certain levels of turbidity, or other 
                environmental factors that may influence salvage rate; 
                and
                    (B) use results from appropriate survey methods for 
                the detection of Delta smelt to determine how the 
                Central Valley Project and State Water Project may be 
                operated more efficiently to minimize salvage while 
                maximizing export pumping rates without causing a 
                significant negative impact on the long-term survival 
                of the Delta smelt.
            (2) During the period beginning on December 1, 2015, and 
        ending March 31, 2016, and in each successive December through 
        March period, if suspended sediment loads enter the Delta from 
        the Sacramento River and the suspended sediment loads appear 
        likely to raise turbidity levels in the Old River north of the 
        export pumps from values below 12 Nephelometric Turbidity Units 
        (NTU) to values above 12 NTU, the Secretary shall--
                    (A) conduct daily monitoring using appropriate 
                survey methods at locations including, but not limited 
                to, the vicinity of Station 902 to determine the extent 
                that adult Delta smelt are moving with turbidity toward 
                the export pumps; and
                    (B) use results from the monitoring surveys 
                referenced in paragraph (A) to determine how increased 
                trawling can inform daily real-time Central Valley 
                Project and State Water Project operations to minimize 
                salvage while maximizing export pumping rates without 
                causing a significant negative impact on the long-term 
                survival of the Delta smelt.
    (c) Periodic Review of Monitoring.--Within 12 months of the date of 
enactment of this title, and at least once every 5 years thereafter, 
the Secretary shall--
            (1) evaluate whether the monitoring program under 
        subsection (b), combined with other monitoring programs for the 
        Delta, is providing sufficient data to inform Central Valley 
        Project and State Water Project operations to minimize salvage 
        while maximizing export pumping rates without causing a 
        significant negative impact on the long-term survival of the 
        Delta smelt; and
            (2) determine whether the monitoring efforts should be 
        changed in the short or long term to provide more useful data.
    (d) Delta Smelt Distribution Study.--
            (1) In general.--No later than January 1, 2016, and at 
        least every five years thereafter, the Secretary, in 
        collaboration with the California Department of Fish and 
        Wildlife, the California Department of Water Resources, public 
        water agencies, and other interested entities, shall implement 
        new targeted sampling and monitoring specifically designed to 
        understand Delta smelt abundance, distribution, and the types 
        of habitat occupied by Delta smelt during all life stages.
            (2) Sampling.--The Delta smelt distribution study shall, at 
        a minimum--
                    (A) include recording water quality and tidal data;
                    (B) be designed to understand Delta smelt 
                abundance, distribution, habitat use, and movement 
                throughout the Delta, Suisun Marsh, and other areas 
                occupied by the Delta smelt during all seasons;
                    (C) consider areas not routinely sampled by 
                existing monitoring programs, including wetland 
                channels, near-shore water, depths below 35 feet, and 
                shallow water; and
                    (D) use survey methods, including sampling gear, 
                best suited to collect the most accurate data for the 
                type of sampling or monitoring.
    (e) Scientifically Supported Implementation of OMR Flow 
Requirements.--In implementing the provisions of the smelt biological 
opinion, or any successor biological opinion or court order, pertaining 
to management of reverse flow in the Old and Middle Rivers, the 
Secretary shall--
            (1) consider the relevant provisions of the biological 
        opinion or any successor biological opinion;
            (2) to maximize Central Valley project and State Water 
        Project water supplies, manage export pumping rates to achieve 
        a reverse OMR flow rate of -5,000 cubic feet per second unless 
        information developed by the Secretary under paragraphs (3) and 
        (4) leads the Secretary to reasonably conclude that a less 
        negative OMR flow rate is necessary to avoid a negative impact 
        on the long-term survival of the Delta smelt. If information 
        available to the Secretary indicates that a reverse OMR flow 
        rate more negative than -5,000 cubic feet per second can be 
        established without an imminent negative impact on the long-
        term survival of the Delta smelt, the Secretary shall manage 
        export pumping rates to achieve that more negative OMR flow 
        rate;
            (3) document in writing any significant facts about real-
        time conditions relevant to the determinations of OMR reverse 
        flow rates, including--
                    (A) whether targeted real-time fish monitoring in 
                the Old River pursuant to this section, including 
                monitoring in the vicinity of Station 902, indicates 
                that a significant negative impact on the long-term 
                survival of the Delta smelt is imminent; and
                    (B) whether near-term forecasts with available 
                salvage models show under prevailing conditions that 
                OMR flow of -5,000 cubic feet per second or higher will 
                cause a significant negative impact on the long-term 
                survival of the Delta smelt;
            (4) show in writing that any determination to manage OMR 
        reverse flow at rates less negative than -5,000 cubic feet per 
        second is necessary to avoid a significant negative impact on 
        the long-term survival of the Delta smelt, including an 
        explanation of the data examined and the connection between 
        those data and the choice made, after considering--
                    (A) the distribution of Delta smelt throughout the 
                Delta;
                    (B) the potential effects of documented, quantified 
                entrainment on subsequent Delta smelt abundance;
                    (C) the water temperature;
                    (D) other significant factors relevant to the 
                determination; and
                    (E) whether any alternative measures could have a 
                substantially lesser water supply impact; and
            (5) for any subsequent biological opinion, make the showing 
        required in paragraph (4) for any determination to manage OMR 
        reverse flow at rates less negative than the most negative 
        limit in the biological opinion if the most negative limit in 
        the biological opinion is more negative than -5,000 cubic feet 
        per second.
    (f) Memorandum of Understanding.--No later than December 1, 2015, 
the Commissioner and the Director will execute a Memorandum of 
Understanding (MOU) to ensure that the smelt biological opinion is 
implemented in a manner that maximizes water supply while complying 
with applicable laws and regulations. If that MOU alters any procedures 
set out in the biological opinion, there will be no need to reinitiate 
consultation if those changes will not have a significant negative 
impact on the long-term survival on listed species and the 
implementation of the MOU would not be a major change to implementation 
of the biological opinion. Any change to procedures that does not 
create a significant negative impact on the long-term survival to 
listed species will not alter application of the take permitted by the 
incidental take statement in the biological opinion under section 
7(o)(2) of the Endangered Species Act of 1973.
    (g) Calculation of Reverse Flow in OMR.--Within 90 days of the 
enactment of this title, the Secretary is directed, in consultation 
with the California Department of Water Resources to revise the method 
used to calculate reverse flow in Old and Middle Rivers for 
implementation of the reasonable and prudent alternatives in the smelt 
biological opinion and the salmonid biological opinion, and any 
succeeding biological opinions, for the purpose of increasing Central 
Valley Project and State Water Project water supplies. The method of 
calculating reverse flow in Old and Middle Rivers shall be reevaluated 
not less than every five years thereafter to achieve maximum export 
pumping rates within limits established by the smelt biological 
opinion, the salmonid biological opinion, and any succeeding biological 
opinions.

 Subtitle B--ENSURING SALMONID MANAGEMENT IS RESPONSIVE TO NEW SCIENCE

SEC. 1021. DEFINITIONS.

    In this subtitle:
            (1) Assistant administrator.--The term ``Assistant 
        Administrator'' means the Assistant Administrator of the 
        National Oceanic and Atmospheric Administration for Fisheries.
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of Commerce.
            (3) Other affected interests.--The term ``other affected 
        interests'' means the State of California, Indian tribes, 
        subdivisions of the State of California, public water agencies 
        and those who benefit directly and indirectly from the 
        operations of the Central Valley Project and the State Water 
        Project.
            (4) Commissioner.--The term ``Commissioner'' means the 
        Commissioner of the Bureau of Reclamation.
            (5) Director.--The term ``Director'' means the Director of 
        the United States Fish and Wildlife Service.

SEC. 1022. PROCESS FOR ENSURING SALMONID MANAGEMENT IS RESPONSIVE TO 
              NEW SCIENCE.

    (a) General Directive.--The reasonable and prudent alternative 
described in the salmonid biological opinion allows for and anticipates 
adjustments in Central Valley Project and State Water Project operation 
parameters to reflect the best scientific and commercial data currently 
available, and authorizes efforts to test and evaluate improvements in 
operations that will meet applicable regulatory requirements and 
maximize Central Valley Project and State Water Project water supplies 
and reliability. Implementation of the reasonable and prudent 
alternative described in the salmonid biological opinion shall be 
adjusted accordingly as new scientific and commercial data are 
developed. The Commissioner and the Assistant Administrator shall fully 
utilize these authorities as described below.
    (b) Annual Reviews of Certain Central Valley Project and State 
Water Project Operations.--No later than December 31, 2016, and at 
least annually thereafter:
            (1) The Commissioner, with the assistance of the Assistant 
        Administrator, shall examine and identify adjustments to the 
        initiation of Action IV.2.3 as set forth in the Biological 
        Opinion and Conference Opinion on the Long-Term Operations of 
        the Central Valley Project and State Water Project, Endangered 
        Species Act Section 7 Consultation, issued by the National 
        Marine Fisheries Service on June 4, 2009, pertaining to 
        negative OMR flows, subject to paragraph (5).
            (2) The Commissioner, with the assistance of the Assistant 
        Administrator, shall examine and identify adjustments in the 
        timing, triggers or other operational details relating to the 
        implementation of pumping restrictions in Action IV.2.1 
        pertaining to the inflow to export ratio, subject to paragraph 
        (5).
            (3) Pursuant to the consultation and assessments carried 
        out under paragraphs (1) and (2) of this subsection, the 
        Commissioner and the Assistant Administrator shall jointly make 
        recommendations to the Secretary of the Interior and to the 
        Secretary on adjustments to project operations that, in the 
        exercise of the adaptive management provisions of the salmonid 
        biological opinion, will reduce water supply impacts of the 
        salmonid biological opinion on the Central Valley Project and 
        the California State Water Project and are consistent with the 
        requirements of applicable law and as further described in 
        subsection (c).
            (4) The Secretary and the Secretary of the Interior shall 
        direct the Commissioner and Assistant Administrator to 
        implement recommended adjustments to Central Valley Project and 
        State Water Project operations for which the conditions under 
        subsection (c) are met.
            (5) The Assistant Administrator and the Commissioner shall 
        review and identify adjustments to Central Valley Project and 
        State Water Project operations with water supply restrictions 
        in any successor biological opinion to the salmonid biological 
        opinion, applying the provisions of this section to those water 
        supply restrictions where there are references to Actions 
        IV.2.1 and IV.2.3.
    (c) Implementation of Operational Adjustments.--After reviewing the 
recommendations under subsection (b), the Secretary of the Interior and 
the Secretary shall direct the Commissioner and the Assistant 
Administrator to implement those operational adjustments, or any 
combination, for which, in aggregate--
            (1) the net effect on listed species is equivalent to those 
        of the underlying project operational parameters in the 
        salmonid biological opinion, taking into account both--
                    (A) efforts to minimize the adverse effects of the 
                adjustment to project operations; and
                    (B) whatever additional actions or measures may be 
                implemented in conjunction with the adjustments to 
                operations to offset the adverse effects to listed 
                species, consistent with (d), that are in excess of the 
                adverse effects of the underlying operational 
                parameters, if any; and
            (2) the effects of the adjustment can be reasonably 
        expected to fall within the incidental take authorizations.
    (d) Evaluation of Offsetting Measures.--When examining and 
identifying opportunities to offset the potential adverse effect of 
adjustments to operations under subsection (c)(1)(B), the Commissioner 
and the Assistant Administrator shall take into account the potential 
species survival improvements that are likely to result from other 
measures which, if implemented in conjunction with such adjustments, 
would offset adverse effects, if any, of the adjustments. When 
evaluating offsetting measures, the Commissioner and the Assistant 
Administrator shall consider the type, timing and nature of the adverse 
effects, if any, to specific species and ensure that the measures 
likely provide equivalent overall benefits to the listed species in the 
aggregate, as long as the change will not cause a significant negative 
impact on the long-term survival of a listed salmonid species.
    (e) Framework for Examining Opportunities To Minimize or Offset the 
Potential Adverse Effect of Adjustments to Operations.--Not later than 
December 31, 2015, and every five years thereafter, the Assistant 
Administrator shall, in collaboration with the Director of the 
California Department of Fish and Wildlife, based on the best 
scientific and commercial data available and for each listed salmonid 
species, issue estimates of the increase in through-Delta survival the 
Secretary expects to be achieved--
            (1) through restrictions on export pumping rates as 
        specified by Action IV.2.3 as compared to limiting OMR flow to 
        a fixed rate of -5,000 cubic feet per second within the time 
        period Action IV.2.3 is applicable, based on a given rate of 
        San Joaquin River inflow to the Delta and holding other 
        relevant factors constant;
            (2) through San Joaquin River inflow to export restrictions 
        on export pumping rates specified within Action IV.2.1 as 
        compared to the restrictions in the April/May period imposed by 
        the State Water Resources Control Board decision D-1641, based 
        on a given rate of San Joaquin River inflow to the Delta and 
        holding other relevant factors constant;
            (3) through physical habitat restoration improvements;
            (4) through predation control programs;
            (5) through the installation of temporary barriers, the 
        management of Cross Channel Gates operations, and other 
        projects affecting flow in the Delta;
            (6) through salvaging fish that have been entrained near 
        the entrance to Clifton Court Forebay;
            (7) through any other management measures that may provide 
        equivalent or better protections for listed species while 
        maximizing export pumping rates without causing a significant 
        negative impact on the long-term survival of a listed salmonid 
        species; and
            (8) through development and implementation of conservation 
        hatchery programs for salmon and steelhead to aid in the 
        recovery of listed salmon and steelhead species.
    (f) Survival Estimates.--
            (1) To the maximum extent practicable, the Assistant 
        Administrator shall make quantitative estimates of survival 
        such as a range of percentage increases in through-Delta 
        survival that could result from the management measures, and if 
        the scientific information is lacking for quantitative 
        estimates, shall do so on qualitative terms based upon the best 
        available science.
            (2) If the Assistant Administrator provides qualitative 
        survival estimates for a species resulting from one or more 
        management measures, the Secretary shall, to the maximum extent 
        feasible, rank the management measures described in subsection 
        (e) in terms of their most likely expected contribution to 
        increased through-Delta survival relative to the other 
        measures.
            (3) If at the time the Assistant Administrator conducts the 
        reviews under subsection (b), the Secretary has not issued an 
        estimate of increased through-Delta survival from different 
        management measures pursuant to subsection (e), the Secretary 
        shall compare the protections to the species from different 
        management measures based on the best scientific and commercial 
        data available at the time.
    (g) Comparison of Adverse Consequences for Alternative Management 
Measures of Equivalent Protection for a Species.--
            (1) For the purposes of this subsection and subsection 
        (c)--
                    (A) the alternative management measure or 
                combination of alternative management measures 
                identified in paragraph (2) shall be known as the 
                ``equivalent alternative measure'';
                    (B) the existing measure or measures identified in 
                subparagraphs (2) (A), (B), (C), or (D) shall be known 
                as the ``equivalent existing measure''; and
                    (C) an ``equivalent increase in through-Delta 
                survival rates for listed salmonid species'' shall mean 
                an increase in through-Delta survival rates that is 
                equivalent when considering the change in through-Delta 
                survival rates for the listed salmonid species in the 
                aggregate, and not the same change for each individual 
                species, as long as the change in survival rates will 
                not cause a significant negative impact on the long-
                term survival of a listed salmonid species.
            (2) As part of the reviews of project operations pursuant 
        to subsection (b), the Assistant Administrator shall determine 
        whether any alternative management measures or combination of 
        alternative management measures listed in subsection (e) (3) 
        through (8) would provide an increase in through-Delta survival 
        rates for listed salmonid species that is equivalent to the 
        increase in through-Delta survival rates for listed salmonid 
        species from the following:
                    (A) Through restrictions on export pumping rates as 
                specified by Action IV.2.3, as compared to limiting OMR 
                flow to a fixed rate of -5,000 cubic feet per second 
                within the time period Action IV.2.3 is applicable.
                    (B) Through restrictions on export pumping rates as 
                specified by Action IV.2.3, as compared to a 
                modification of Action IV.2.3 that would provide 
                additional water supplies, other than that described in 
                subparagraph (A).
                    (C) Through San Joaquin River inflow to export 
                restrictions on export pumping rates specified within 
                Action IV.2.1, as compared to the restrictions in the 
                April/May period imposed by the State Water Resources 
                Control Board decision D-1641.
                    (D) Through San Joaquin River inflow to export 
                restrictions on export pumping rates specified within 
                Action IV.2.1, as compared to a modification of Action 
                IV.2.1 that would reduce water supply impacts of the 
                salmonid biological opinion on the Central Valley 
                Project and the California State Water Project, other 
                than that described in subparagraph (C).
            (3) If the Assistant Administrator identifies an equivalent 
        alternative measure pursuant to paragraph (2), the Assistant 
        Administrator shall determine whether--
                    (A) it is technically feasible and within Federal 
                jurisdiction to implement the equivalent alternative 
                measure;
                    (B) the State of California, or subdivision 
                thereof, or local agency with jurisdiction has 
                certified in writing within 10 calendar days to the 
                Assistant Administrator that it has the authority and 
                capability to implement the pertinent equivalent 
                alternative measure; or
                    (C) the adverse consequences of doing so are less 
                than the adverse consequences of the equivalent 
                existing measure, including a concise evaluation of the 
                adverse consequences to other affected interests.
            (4) If the Assistant Administrator makes the determinations 
        in subparagraph (3)(A) or (3)(B), the Commissioner shall adjust 
        project operations to implement the equivalent alternative 
        measure in place of the equivalent existing measure in order to 
        increase export rates of pumping to the greatest extent 
        possible while maintaining a net combined effect of equivalent 
        through-Delta survival rates for the listed salmonid species.
    (h) Tracking Adverse Effects Beyond the Range of Effects Accounted 
for in the Salmonid Biological Opinion and Coordinated Operation With 
the Delta Smelt Biological Opinion.--
            (1) Among the adjustments to the project operations 
        considered through the adaptive management process under this 
        section, the Assistant Administrator and the Commissioner 
        shall--
                    (A) evaluate the effects on listed salmonid species 
                and water supply of the potential adjustment to 
                operational criteria described in subparagraph (B); and
                    (B) consider requiring that before some or all of 
                the provisions of Actions IV.2.1. or IV.2.3 are imposed 
                in any specific instance, the Assistant Administrator 
                show that the implementation of these provisions in 
                that specific instance is necessary to avoid a 
                significant negative impact on the long-term survival 
                of a listed salmonid species.
            (2) The Assistant Administrator, the Director, and the 
        Commissioner, in coordination with State officials as 
        appropriate, shall establish operational criteria to coordinate 
        management of OMR flows under the smelt and salmonid biological 
        opinions, in order to take advantage of opportunities to 
        provide additional water supplies from the coordinated 
        implementation of the biological opinions.
            (3) The Assistant Administrator and the Commissioner shall 
        document the effects of any adaptive management decisions 
        related to the coordinated operation of the smelt and salmonid 
        biological opinions that prioritizes the maintenance of one 
        species at the expense of the other.
    (i) Real-Time Monitoring and Management.--Notwithstanding the 
calendar based triggers described in the salmonid biological opinion 
Reasonable and Prudent Alternative (RPA), the Assistant Administrator 
and the Commissioner shall not limit OMR reverse flow to -5,000 cubic 
feet per second unless current monitoring data indicate that this OMR 
flow limitation is reasonably required to avoid a significant negative 
impact on the long-term survival of a listed salmonid species.
    (j) Evaluation and Implementation of Management Measures.--If the 
quantitative estimates of through-Delta survival established by the 
Secretary for the adjustments in subsection (b)(2) exceed the through-
Delta survival established for the RPAs, the Secretary shall evaluate 
and implement the management measures in subsection (b)(2) as a 
prerequisite to implementing the RPAs contained in the Salmonid 
Biological Opinion.
    (k) Accordance With Other Law.--Consistent with section 706 of 
title 5, United States Code, decisions of the Assistant Administrator 
and the Commissioner described in subsections (b) through (j) shall be 
made in writing, on the basis of best scientific and commercial data 
currently available, and shall include an explanation of the data 
examined at the connection between those data and the decisions made.

SEC. 1023. NON-FEDERAL PROGRAM TO PROTECT NATIVE ANADROMOUS FISH IN THE 
              STANISLAUS RIVER.

    (a) Establishment of Nonnative Predator Fish Removal Program.--The 
Secretary and the districts, in consultation with the Director, shall 
jointly develop and conduct a nonnative predator fish removal program 
to remove nonnative striped bass, smallmouth bass, largemouth bass, 
black bass, and other nonnative predator fish species from the 
Stanislaus River. The program shall--
            (1) be scientifically based;
            (2) include methods to quantify the number and size of 
        predator fish removed each year, the impact of such removal on 
        the overall abundance of predator fish, and the impact of such 
        removal on the populations of juvenile anadromous fish found in 
        the Stanislaus River by, among other things, evaluating the 
        number of juvenile anadromous fish that migrate past the rotary 
        screw trap located at Caswell;
            (3) among other methods, use wire fyke trapping, portable 
        resistance board weirs, and boat electrofishing; and
            (4) be implemented as quickly as possible following the 
        issuance of all necessary scientific research.
    (b) Management.--The management of the program shall be the joint 
responsibility of the Secretary and the districts. Such parties shall 
work collaboratively to ensure the performance of the program, and 
shall discuss and agree upon, among other things, changes in the 
structure, management, personnel, techniques, strategy, data 
collection, reporting, and conduct of the program.
    (c) Conduct.--
            (1) In general.--By agreement between the Secretary and the 
        districts, the program may be conducted by their own personnel, 
        qualified private contractors hired by the districts, personnel 
        of, on loan to, or otherwise assigned to the National Marine 
        Fisheries Service, or a combination thereof.
            (2) Participation by the national marine fisheries 
        service.--If the districts elect to conduct the program using 
        their own personnel or qualified private contractors hired by 
        them in accordance with paragraph (1), the Secretary may assign 
        an employee of, on loan to, or otherwise assigned to the 
        National Marine Fisheries Service, to be present for all 
        activities performed in the field. Such presence shall ensure 
        compliance with the agreed-upon elements specified in 
        subsection (b). The districts shall pay the cost of such 
        participation in accordance with subsection (d).
            (3) Timing of election.--The districts shall notify the 
        Secretary of their election on or before October 15 of each 
        calendar year of the program. Such an election shall apply to 
        the work performed in the subsequent calendar year.
    (d) Funding.--
            (1) In general.--The districts shall be responsible for 100 
        percent of the cost of the program.
            (2) Contributed funds.--The Secretary may accept and use 
        contributions of funds from the districts to carry out 
        activities under the program.
            (3) Estimation of cost.--On or before December 1 of each 
        year of the program, the Secretary shall submit to the 
        districts an estimate of the cost to be incurred by the 
        National Marine Fisheries Service for the program in the 
        following calendar year, if any, including the cost of any data 
        collection and posting under subsection (e). If an amount equal 
        to the estimate is not provided through contributions pursuant 
        to paragraph (2) before December 31 of that year--
                    (A) the Secretary shall have no obligation to 
                conduct the program activities otherwise scheduled for 
                such following calendar year until such amount is 
                contributed by the districts; and
                    (B) the districts may not conduct any aspect of the 
                program until such amount is contributed by the 
                districts.
            (4) Accounting.--On or before September 1 of each year, the 
        Secretary shall provide to the districts an accounting of the 
        costs incurred by the Secretary for the program in the 
        preceding calendar year. If the amount contributed by the 
        districts pursuant to paragraph (2) for that year was greater 
        than the costs incurred by the Secretary, the Secretary shall--
                    (A) apply the excess contributions to costs of 
                activities to be performed by the Secretary under the 
                program, if any, in the next calendar year; or
                    (B) if no such activities are to be performed, 
                repay the excess contribution to the districts.
    (e) Posting and Evaluation.--On or before the 15th day of each 
month, the Secretary shall post on the Internet website of the National 
Marine Fisheries Service a tabular summary of the raw data collected 
under the program in the preceding month.
    (f) Implementation.--The program is hereby found to be consistent 
with the requirements of the Central Valley Project Improvement Act 
(Public Law 102-575). No provision, plan or definition established or 
required by the Central Valley Project Improvement Act (Public Law 102-
575) shall be used to prohibit the imposition of the program, or to 
prevent the accomplishment of its goals.
    (g) Treatment of Striped Bass.--For purposes of the application of 
the Central Valley Project Improvement Act (title XXXIV of Public Law 
102-575) with respect to the program, striped bass shall not be treated 
as anadromous fish.
    (h) Definition.--For the purposes of this section, the term 
``districts'' means the Oakdale Irrigation District and the South San 
Joaquin Irrigation District, California.

SEC. 1024. PILOT PROJECTS TO IMPLEMENT CALFED INVASIVE SPECIES PROGRAM.

    (a) In General.--Not later than January 1, 2017, the Secretary of 
the Interior, in collaboration with the Secretary of Commerce, the 
Director of the California Department of Fish and Wildlife, and other 
relevant agencies and interested parties, shall begin pilot projects to 
implement the invasive species control program authorized pursuant to 
section 103(d)(6)(A)(iv) of Public Law 108-361 (118 Stat. 1690).
    (b) Requirements.--The pilot projects shall--
            (1) seek to reduce invasive aquatic vegetation, predators, 
        and other competitors which contribute to the decline of native 
        listed pelagic and anadromous species that occupy the 
        Sacramento and San Joaquin Rivers and their tributaries and the 
        Sacramento-San Joaquin Bay-Delta; and
            (2) remove, reduce, or control the effects of species, 
        including Asiatic clams, silversides, gobies, Brazilian water 
        weed, water hyacinth, largemouth bass, smallmouth bass, striped 
        bass, crappie, bluegill, white and channel catfish, and brown 
        bullheads.
    (c) Sunset.--The authorities provided under this subsection shall 
expire seven years after the Secretaries commence implementation of the 
pilot projects pursuant to subsection (a).
    (d) Emergency Environmental Reviews.--To expedite the 
environmentally beneficial programs for the conservation of threatened 
and endangered species, the Secretaries shall consult with the Council 
on Environmental Quality in accordance with section 1506.11 of title 
40, Code of Federal Regulations (or successor regulations), to develop 
alternative arrangements to comply with the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321 et seq.) for the projects pursuant 
to subsection (a).

         Subtitle C--OPERATIONAL FLEXIBILITY AND DROUGHT RELIEF

SEC. 1031. DEFINITIONS.

    In this subtitle:
            (1) Central valley project.--The term ``Central Valley 
        Project'' has the meaning given the term in section 3403 of the 
        Central Valley Project Improvement Act (Public Law 102-575; 106 
        Stat. 4707).
            (2) Reclamation project.--The term ``Reclamation Project'' 
        means a project constructed pursuant to the authorities of the 
        reclamation laws and whose facilities are wholly or partially 
        located in the State.
            (3) Secretaries.--The term ``Secretaries'' means--
                    (A) the Secretary of Agriculture;
                    (B) the Secretary of Commerce; and
                    (C) the Secretary of the Interior.
            (4) State water project.--The term ``State Water Project'' 
        means the water project described by California Water Code 
        section 11550 et seq. and operated by the California Department 
        of Water Resources.
            (5) State.--The term ``State'' means the State of 
        California.

SEC. 1032. OPERATIONAL FLEXIBILITY IN TIMES OF DROUGHT.

    (a) Water Supplies.--For the period of time such that in any year 
that the Sacramento Valley Index is 6.5 or lower, or at the request of 
the State of California, and until two succeeding years following 
either of those events have been completed where the final Sacramento 
Valley Index is 7.8 or greater, the Secretaries shall provide the 
maximum quantity of water supplies practicable to all individuals or 
district who receive Central Valley Project water under water service 
or repayments contracts, water rights settlement contracts, exchange 
contracts, or refuge contracts or agreements entered into prior to or 
after the date of enactment of this title; State Water Project 
contractors, and any other tribe, locality, water agency, or 
municipality in the State, by approving, consistent with applicable 
laws (including regulations), projects and operations to provide 
additional water supplies as quickly as practicable based on available 
information to address the emergency conditions.
    (b) Administration.--In carrying out subsection (a), the 
Secretaries shall, consistent with applicable laws (including 
regulations)--
            (1) issue all necessary permit decisions under the 
        authority of the Secretaries not later than 30 days after the 
        date on which the Secretaries receive a completed application 
        from the State to place and use temporary barriers or operable 
        gates in Delta channels to improve water quantity and quality 
        for the State Water Project and the Central Valley Project 
        south of Delta water contractors and other water users, on the 
        condition that the barriers or operable gates--
                    (A) do not result in a significant negative impact 
                on the long-term survival of listed species within the 
                Delta and provide benefits or have a neutral impact on 
                in-Delta water user water quality; and
                    (B) are designed so that formal consultations under 
                section 7 of the Endangered Species Act of 1973 (16 
                U.S.C. 1536) are not necessary;
            (2) require the Director of the United States Fish and 
        Wildlife Service and the Commissioner of Reclamation--
                    (A) to complete, not later than 30 days after the 
                date on which the Director or the Commissioner receives 
                a complete written request for water transfer, all 
                requirements under the National Environmental Policy 
                Act of 1969 (42 U.S.C. 4321 et seq.) and the Endangered 
                Species Act of 1973 (16 U.S.C. 1531 et seq.) necessary 
                to make final permit decisions on the request; and
                    (B) to approve any water transfer request described 
                in subparagraph (A) to maximize the quantity of water 
                supplies available for nonhabitat uses, on the 
                condition that actions associated with the water 
                transfer comply with applicable Federal laws (including 
                regulations);
            (3) adopt a 1:1 inflow to export ratio, as measured as a 3-
        day running average at Vernalis during the period beginning on 
        April 1, and ending on May 31, absent a determination in 
        writing that a more restrictive inflow to export ratio is 
        required to avoid a significant negative impact on the long-
        term survival of a listed salmonid species under the Endangered 
        Species Act of 1973 (16 U.S.C. 1531 et seq.); provided that the 
        1:1 inflow to export ratio shall apply for the increment of 
        increased flow of the San Joaquin River resulting from the 
        voluntary sale, transfers, or exchanges of water from agencies 
        with rights to divert water from the San Joaquin River or its 
        tributaries and provided that the movement of the acquired, 
        transferred, or exchanged water through the Delta consistent 
        with the Central Valley Project's and the State Water Project's 
        permitted water rights and provided that movement of the 
        Central Valley Project water is consistent with the 
        requirements of section 3405(a)(1)(H) of the Central Valley 
        Project Improvement Act; and
            (4) allow and facilitate, consistent with existing 
        priorities, water transfers through the C.W. ``Bill'' Jones 
        Pumping Plant or the Harvey O. Banks Pumping Plant from April 1 
        to November 30 provided water transfers comply with State law, 
        including the California Environmental Quality Act.
    (c) Accelerated Project Decision and Elevation.--
            (1) In general.--On request by the Governor of the State, 
        the Secretaries shall use the expedited procedures under this 
        subsection to make final decisions relating to a Federal 
        project or operation, or to local or State projects or 
        operations that require decisions by the Secretary of the 
        Interior or the Secretary of Commerce to provide additional 
        water supplies if the project's or operation's purpose is to 
        provide relief for emergency drought conditions pursuant to 
        subsections (a) and (b).
            (2) Request for resolution.--
                    (A) In general.--On request by the Governor of the 
                State, the Secretaries referenced in paragraph (1), or 
                the head of another Federal agency responsible for 
                carrying out a review of a project, as applicable, the 
                Secretary of the Interior shall convene a final project 
                decision meeting with the heads of all relevant Federal 
                agencies to decide whether to approve a project to 
                provide relief for emergency drought conditions.
                    (B) Meeting.--The Secretary of the Interior shall 
                convene a meeting requested under subparagraph (A) not 
                later than 7 days after the date on which the meeting 
                request is received.
            (3) Notification.--On receipt of a request for a meeting 
        under paragraph (2), the Secretary of the Interior shall notify 
        the heads of all relevant Federal agencies of the request, 
        including information on the project to be reviewed and the 
        date of the meeting.
            (4) Decision.--Not later than 10 days after the date on 
        which a meeting is requested under paragraph (2), the head of 
        the relevant Federal agency shall issue a final decision on the 
        project, subject to subsection (e)(2).
            (5) Meeting convened by secretary.--The Secretary of the 
        Interior may convene a final project decision meeting under 
        this subsection at any time, at the discretion of the 
        Secretary, regardless of whether a meeting is requested under 
        paragraph (2).
    (d) Application.--To the extent that a Federal agency, other than 
the agencies headed by the Secretaries, has a role in approving 
projects described in subsections (a) and (b), this section shall apply 
to those Federal agencies.
    (e) Limitation.--Nothing in this section authorizes the Secretaries 
to approve projects--
            (1) that would otherwise require congressional 
        authorization; or
            (2) without following procedures required by applicable 
        law.
    (f) Drought Plan.--For the period of time such that in any year 
that the Sacramento Valley index is 6.5 or lower, or at the request of 
the State of California, and until two succeeding years following 
either of those events have been completed where the final Sacramento 
Valley Index is 7.8 or greater, the Secretaries of Commerce and the 
Interior, in consultation with appropriate State officials, shall 
develop a drought operations plan that is consistent with the 
provisions of this Act including the provisions that are intended to 
provide additional water supplies that could be of assistance during 
the current drought.

SEC. 1033. OPERATION OF CROSS-CHANNEL GATES.

    (a) In General.--The Secretary of Commerce and the Secretary of the 
Interior shall jointly--
            (1) authorize and implement activities to ensure that the 
        Delta Cross Channel Gates remain open to the maximum extent 
        practicable using findings from the United States Geological 
        Survey on diurnal behavior of juvenile salmonids, timed to 
        maximize the peak flood tide period and provide water supply 
        and water quality benefits for the duration of the drought 
        emergency declaration of the State, and for the period of time 
        such that in any year that the Sacramento Valley index is 6.5 
        or lower, or at the request of the State of California, and 
        until two succeeding years following either of those events 
        have been completed where the final Sacramento Valley Index is 
        7.8 or greater, consistent with operational criteria and 
        monitoring criteria set forth into the Order Approving a 
        Temporary Urgency Change in License and Permit Terms in 
        Response to Drought Conditions of the California State Water 
        Resources Control Board, effective January 31, 2014 (or a 
        successor order) and other authorizations associated with it;
            (2) with respect to the operation of the Delta Cross 
        Channel Gates described in paragraph (1), collect data on the 
        impact of that operation on--
                    (A) species listed as threatened or endangered 
                under the Endangered Species Act of 1973 (16 U.S.C. 
                1531 et seq.);
                    (B) water quality; and
                    (C) water supply;
            (3) collaborate with the California Department of Water 
        Resources to install a deflection barrier at Georgiana Slough 
        in coordination with Delta Cross Channel Gate diurnal 
        operations to protect migrating salmonids, consistent with 
        knowledge gained from activities carried out during 2014 and 
        2015;
            (4) evaluate the combined salmonid survival in light of 
        activities carried out pursuant to paragraphs (1) through (3) 
        in deciding how to operate the Delta Cross Channel gates to 
        enhance salmonid survival and water supply benefits; and
            (5) not later than May 15, 2016, submit to the appropriate 
        committees of the House of Representatives and the Senate a 
        notice and explanation on the extent to which the gates are 
        able to remain open.
    (b) Recommendations.--After assessing the information collected 
under subsection (a), the Secretary of the Interior shall recommend 
revisions to the operation of the Delta Cross-Channel Gates, to the 
Central Valley Project, and to the State Water Project, including, if 
appropriate, any reasonable and prudent alternative contained in the 
biological opinion issued by the National Marine Fisheries Service on 
June 4, 2009, that are likely to produce water supply benefits without 
causing a significant negative impact on the long-term survival of the 
listed fish species within the Delta or on water quality.

SEC. 1034. FLEXIBILITY FOR EXPORT/INFLOW RATIO.

    For the period of time such that in any year that the Sacramento 
Valley index is 6.5 or lower, or at the request of the State of 
California, and until two succeeding years following either of those 
events have been completed where the final Sacramento Valley Index is 
7.8 or greater, the Commissioner of the Bureau of Reclamation shall 
continue to vary the averaging period of the Delta Export/Inflow ratio 
pursuant to the California State Water Resources Control Board decision 
D1641--
            (1) to operate to a 35-percent Export/Inflow ratio with a 
        3-day averaging period on the rising limb of a Delta inflow 
        hydrograph; and
            (2) to operate to a 14-day averaging period on the falling 
        limb of the Delta inflow hydrograph.

SEC. 1035. EMERGENCY ENVIRONMENTAL REVIEWS.

    (a) NEPA Compliance.--To minimize the time spent carrying out 
environmental reviews and to deliver water quickly that is needed to 
address emergency drought conditions in the State during the duration 
of an emergency drought declaration, the Secretaries shall, in carrying 
out this Act, consult with the Council on Environmental Quality in 
accordance with section 1506.11 of title 40, Code of Federal 
Regulations (including successor regulations), to develop alternative 
arrangements to comply with the National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.) during the emergency.
    (b) Determinations.--For the purposes of this section, a Secretary 
may deem a project to be in compliance with all necessary environmental 
regulations and reviews if the Secretary determines that the immediate 
implementation of the project is necessary to address--
            (1) human health and safety; or
            (2) a specific and imminent loss of agriculture production 
        upon which an identifiable region depends for 25 percent or 
        more of its tax revenue used to support public services 
        including schools, fire or police services, city or county 
        health facilities, unemployment services or other associated 
        social services.

SEC. 1036. INCREASED FLEXIBILITY FOR REGULAR PROJECT OPERATIONS.

    The Secretaries shall, consistent with applicable laws (including 
regulations)--
            (1) in coordination with the California Department of Water 
        Resources and the California Department of Fish and Wildlife, 
        implement offsite upstream projects in the Delta and upstream 
        of the Sacramento River and San Joaquin basins that offset the 
        effects on species listed as threatened or endangered under the 
        Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) due to 
        activities carried out pursuant this Act, as determined by the 
        Secretaries;
            (2) manage reverse flow in the Old and Middle Rivers at 
        -6,100 cubic feet per second if real-time monitoring indicates 
        that flows of -6,100 cubic feet per second or more negative can 
        be established for specific periods without causing a 
        significant negative impact on the long-term survival of the 
        Delta smelt, or if real-time monitoring does not support flows 
        of -6,100 cubic feet per second than manage OMR flows at -5,000 
        cubic feet per second subject to section 1013(e)(3) and (4); 
        and
            (3) use all available scientific tools to identify any 
        changes to real-time operations of the Bureau of Reclamation, 
        State, and local water projects that could result in the 
        availability of additional water supplies.

SEC. 1037. TEMPORARY OPERATIONAL FLEXIBILITY FOR FIRST FEW STORMS OF 
              THE WATER YEAR.

    (a) In General.--Consistent with avoiding a significant negative 
impact on the long-term survival in the short term upon listed fish 
species beyond the range of those authorized under the Endangered 
Species Act of 1973 and other environmental protections under 
subsection (e), the Secretaries shall authorize the Central Valley 
Project and the State Water Project, combined, to operate at levels 
that result in negative OMR flows at -7,500 cubic feet per second 
(based on United States Geological Survey gauges on Old and Middle 
Rivers) daily average for 56 cumulative days after October 1 as 
described in subsection (c).
    (b) Days of Temporary Operational Flexibility.--The temporary 
operational flexibility described in subsection (a) shall be authorized 
on days that the California Department of Water Resources determines 
the daily average river flow of the Sacramento River is at, or above, 
17,000 cubic feet per second as measured at the Sacramento River at 
Freeport gauge maintained by the United States Geologic Survey.
    (c) Compliance With Endangered Species Act Authorizations.--In 
carrying out this section, the Secretaries may continue to impose any 
requirements under the smelt and salmonid biological opinions during 
any period of temporary operational flexibility as they determine are 
reasonably necessary to avoid an additional significant negative 
impacts on the long-term survival of a listed fish species beyond the 
range of those authorized under the Endangered Species Act of 1973, 
provided that the requirements imposed do not reduce water supplies 
available for the Central Valley Project and the State Water Project.
    (d) Other Environmental Protections.--
            (1) State law.--The Secretaries' actions under this section 
        shall be consistent with applicable regulatory requirements 
        under State law.
            (2) First sediment flush.--During the first flush of 
        sediment out of the Delta in each water year, and provided that 
        such determination is based upon objective evidence, OMR flow 
        may be managed at rates less negative than -5,000 cubic feet 
        per second for a minimum duration to avoid movement of adult 
        Delta smelt (Hypomesus transpacificus) to areas in the southern 
        Delta that would be likely to increase entrainment at Central 
        Valley Project and State Water Project pumping plants.
            (3) Applicability of opinion.--This section shall not 
        affect the application of the salmonid biological opinion from 
        April 1 to May 31, unless the Secretary of Commerce finds that 
        some or all of such applicable requirements may be adjusted 
        during this time period to provide emergency water supply 
        relief without resulting in additional adverse effects beyond 
        those authorized under the Endangered Species Act of 1973. In 
        addition to any other actions to benefit water supply, the 
        Secretary of the Interior and the Secretary of Commerce shall 
        consider allowing through-Delta water transfers to occur during 
        this period if they can be accomplished consistent with section 
        3405(a)(1)(H) of the Central Valley Project Improvement Act. 
        Water transfers solely or exclusively through the State Water 
        Project are not required to be consistent with section 
        3405(a)(1)(H) of the Central Valley Project Improvement Act.
            (4) Monitoring.--During operations under this section, the 
        Commissioner of Reclamation, in coordination with the Fish and 
        Wildlife Service, National Marine Fisheries Service, and 
        California Department of Fish and Wildlife, shall undertake a 
        monitoring program and other data gathering to ensure 
        incidental take levels are not exceeded, and to identify 
        potential negative impacts and actions, if any, necessary to 
        mitigate impacts of the temporary operational flexibility to 
        species listed under the Endangered Species Act of 1973 (16 
        U.S.C. 1531 et seq.).
    (e) Technical Adjustments to Target Period.--If, before temporary 
operational flexibility has been implemented on 56 cumulative days, the 
Secretaries operate the Central Valley Project and the State Water 
Project combined at levels that result in OMR flows less negative than 
-7,500 cubic feet per second during days of temporary operational 
flexibility as defined in subsection (c), the duration of such 
operation shall not be counted toward the 56 cumulative days specified 
in subsection (a).
    (f) Emergency Consultation; Effect on Running Averages.--
            (1) If necessary to implement the provisions of this 
        section, the Commissioner is authorized to take any action 
        necessary to implement this section for up to 56 cumulative 
        days. If during the 56 cumulative days the Commissioner 
        determines that actions necessary to implement this section 
        will exceed 56 days, the Commissioner shall use the emergency 
        consultation procedures under the Endangered Species Act of 
        1973 and its implementing regulation at section 402.05 of title 
        50, Code of Federal Regulations, to temporarily adjust the 
        operating criteria under the biological opinions--
                    (A) solely for extending beyond the 56 cumulative 
                days for additional days of temporary operational 
                flexibility--
                            (i) no more than necessary to achieve the 
                        purposes of this section consistent with the 
                        environmental protections in subsections (d) 
                        and (e); and
                            (ii) including, as appropriate, adjustments 
                        to ensure that the actual flow rates during the 
                        periods of temporary operational flexibility do 
                        not count toward the 5-day and 14-day running 
                        averages of tidally filtered daily OMR flow 
                        requirements under the biological opinions, or
                    (B) for other adjustments to operating criteria or 
                to take other urgent actions to address water supply 
                shortages for the least amount of time or volume of 
                diversion necessary as determined by the Commissioner.
            (2) Following the conclusion of the 56 cumulative days of 
        temporary operational flexibility, or the extended number of 
        days covered by the emergency consultation procedures, the 
        Commissioner shall not reinitiate consultation on these 
        adjusted operations, and no mitigation shall be required, if 
        the effects on listed fish species of these operations under 
        this section remain within the range of those authorized under 
        the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.). If 
        the Commissioner reinitiates consultation, no mitigation 
        measures shall be required.
    (g) Level of Detail Required for Analysis.--In articulating the 
determinations required under this section, the Secretaries shall fully 
satisfy the requirements herein but shall not be expected to provide a 
greater level of supporting detail for the analysis than feasible to 
provide within the short timeframe permitted for timely decisionmaking 
in response to changing conditions in the Delta.

SEC. 1038. EXPEDITING WATER TRANSFERS.

    (a) In General.--Section 3405(a) of the Central Valley Project 
Improvement Act (Public Law 102-575; 106 Stat. 4709(a)) is amended--
            (1) by redesignating paragraphs (1) through (3) as 
        paragraphs (4) through (6), respectively;
            (2) in the matter preceding paragraph (4) (as so 
        designated)--
                    (A) in the first sentence, by striking ``In order 
                to'' and inserting the following:
            ``(1) In general.--In order to''; and
                    (B) in the second sentence, by striking ``Except as 
                provided herein'' and inserting the following:
            ``(3) Terms.--Except as otherwise provided in this 
        section'';
            (3) by inserting before paragraph (3) (as so designated) 
        the following:
            ``(2) Expedited transfer of water.--The Secretary shall 
        take all necessary actions to facilitate and expedite transfers 
        of Central Valley Project water in accordance with--
                    ``(A) this Act;
                    ``(B) any other applicable provision of the 
                reclamation laws; and
                    ``(C) the National Environmental Policy Act of 1969 
                (42 U.S.C. 4321 et seq.).'';
            (4) in paragraph (4) (as so designated)--
                    (A) in subparagraph (A), by striking ``to 
                combination'' and inserting ``or combination''; and
                    (B) by striking ``3405(a)(2) of this title'' each 
                place it appears and inserting ``(5)'';
            (5) in paragraph (5) (as so designated), by adding at the 
        end the following:
                    ``(E) The contracting district from which the water 
                is coming, the agency, or the Secretary shall determine 
                if a written transfer proposal is complete within 45 
                days after the date of submission of the proposal. If 
                the contracting district or agency or the Secretary 
                determines that the proposal is incomplete, the 
                district or agency or the Secretary shall state with 
                specificity what must be added to or revised for the 
                proposal to be complete.''; and
            (6) in paragraph (6) (as so designated), by striking 
        ``3405(a)(1)(A)-(C), (E), (G), (H), (I), (L), and (M) of this 
        title'' and inserting ``(A) through (C), (E), (G), (H), (I), 
        (L), and (M) of paragraph (4)''.
    (b) Conforming Amendments.--The Central Valley Project Improvement 
Act (Public Law 102-575) is amended--
            (1) in section 3407(c)(1) (106 Stat. 4726), by striking 
        ``3405(a)(1)(C)'' and inserting ``3405(a)(4)(C)''; and
            (2) in section 3408(i)(1) (106 Stat. 4729), by striking 
        ``3405(a)(1) (A) and (J) of this title'' and inserting 
        ``subparagraphs (A) and (J) of section 3405(a)(4)''.

SEC. 1039. ADDITIONAL EMERGENCY CONSULTATION.

    For adjustments to operating criteria other than under section 1038 
of this subtitle or to take urgent actions to address water supply 
shortages for the least amount of time or volume of diversion necessary 
as determined by the Commissioner of Reclamation, no mitigation 
measures shall be required during any year that the Sacramento Valley 
index is 6.5 or lower, or at the request of the State of California, 
and until two succeeding years following either of those events have 
been completed where the final Sacramento Valley Index is 7.8 or 
greater, and any mitigation measures imposed must be based on 
quantitative data and required only to the extent that such data 
demonstrates actual harm to species.

SEC. 1040. ADDITIONAL STORAGE AT NEW MELONES.

    The Commissioner of Reclamation is directed to work with local 
water and irrigation districts in the Stanislaus River Basin to 
ascertain the water storage made available by the Draft Plan of 
Operations in New Melones Reservoir (DRPO) for water conservation 
programs, conjunctive use projects, water transfers, rescheduled 
project water and other projects to maximize water storage and ensure 
the beneficial use of the water resources in the Stanislaus River 
Basin. All such programs and projects shall be implemented according to 
all applicable laws and regulations. The source of water for any such 
storage program at New Melones Reservoir shall be made available under 
a valid water right, consistent with the State of California water 
transfer guidelines and any other applicable State water law. The 
Commissioner shall inform the Congress within 18 months setting forth 
the amount of storage made available by the DRPO that has been put to 
use under this program, including proposals received by the 
Commissioner from interested parties for the purpose of this section.

SEC. 1041. REGARDING THE OPERATION OF FOLSOM RESERVOIR.

    The Secretary of the Interior, in collaboration with the Sacramento 
Water Forum, shall expedite evaluation, completion and implementation 
of the Modified Lower American River Flow Management Standard developed 
by the Water Forum in 2015 to improve water supply reliability for 
Central Valley Project American River water contractors and resource 
protection in the lower American River during consecutive dry-years 
under current and future demand and climate change conditions.

SEC. 1042. APPLICANTS.

    In the event that the Bureau of Reclamation or another Federal 
agency initiates or reinitiates consultation with the U.S. Fish and 
Wildlife Service or the National Marine Fisheries Service under section 
7(a)(2) of the Endangered Species Act of 1973 (16 U.S.C. 1536(a)(2)), 
with respect to construction or operation of the Central Valley Project 
and State Water Project, or any part thereof, the State Water Project 
contractors and the Central Valley Project contractors will be accorded 
all the rights and responsibilities extended to applicants in the 
consultation process.

SEC. 1043. SAN JOAQUIN RIVER SETTLEMENT.

    (a) California State Law Satisfied by Warm Water Fishery.--
            (1) In general.--Sections 5930 through 5948 of the 
        California Fish and Game Code, and all applicable Federal laws, 
        including the San Joaquin River Restoration Settlement Act 
        (Public Law 111-11) and the Stipulation of Settlement (Natural 
        Resources Defense Council, et al. v. Kirk Rodgers, et al., 
        Eastern District of California, No. Civ. S-88-1658-LKK/GGH), 
        shall be satisfied by the existence of a warm water fishery in 
        the San Joaquin River below Friant Dam, but upstream of 
        Gravelly Ford.
            (2) Definition of warm water fishery.--For the purposes of 
        this section, the term ``warm water fishery'' means a water 
        system that has an environment suitable for species of fish 
        other than salmon (including all subspecies) and trout 
        (including all subspecies).
    (b) Repeal of the San Joaquin River Settlement.--As of the date of 
enactment of this section, the Secretary of the Interior shall cease 
any action to implement the San Joaquin River Restoration Settlement 
Act (subtitle A of title X of Public Law 111-11) and the Stipulation of 
Settlement (Natural Resources Defense Council, et al. v. Kirk Rodgers, 
et al., Eastern District of California, No. Civ. S-88-1658 LKK/GGH).

SEC. 1044. PROGRAM FOR WATER RESCHEDULING.

    By December 31, 2015, the Secretary of the Interior shall develop 
and implement a program, including rescheduling guidelines for Shasta 
and Folsom Reservoirs, to allow existing Central Valley Project 
agricultural water service contractors within the Sacramento River 
Watershed, and refuge service and municipal and industrial water 
service contractors within the Sacramento River Watershed and the 
American River Watershed to reschedule water, provided for under their 
Central Valley Project contracts, from one year to the next; provided, 
that the program is consistent with existing rescheduling guidelines as 
utilized by the Bureau of Reclamation for rescheduling water for 
Central Valley Project water service contractors that are located South 
of the Delta.

             Subtitle D--CALFED STORAGE FEASIBILITY STUDIES

SEC. 1051. STUDIES.

    The Secretary of the Interior, through the Commissioner of 
Reclamation, shall--
            (1) complete the feasibility studies described in clauses 
        (i)(I) and (ii)(II) of section 103(d)(1)(A) of Public Law 108-
        361 (118 Stat. 1684) and submit such studies to the appropriate 
        committees of the House of Representatives and the Senate not 
        later than December 31, 2015;
            (2) complete the feasibility study described in clause 
        (i)(II) of section 103(d)(1)(A) of Public Law 108-361 and 
        submit such study to the appropriate committees of the House of 
        Representatives and the Senate not later than November 30, 
        2016;
            (3) complete a publicly available draft of the feasibility 
        study described in clause (ii)(I) of section 103(d)(1)(A) of 
        Public Law 108-361 and submit such study to the appropriate 
        committees of the House of Representatives and the Senate not 
        later than November 30, 2016;
            (4) complete the feasibility study described in clause 
        (ii)(I) of section 103(d)(1)(A) of Public Law 108-361 and 
        submit such study to the appropriate committees of the House of 
        Representatives and the Senate not later than November 30, 
        2017;
            (5) complete the feasibility study described in section 
        103(f)(1)(A) of Public Law 108-361 (118 Stat. 1694) and submit 
        such study to the appropriate Committees of the House of 
        Representatives and the Senate not later than December 31, 
        2017;
            (6) provide a progress report on the status of the 
        feasibility studies referred to in paragraphs (1) through (3) 
        to the appropriate committees of the House of Representatives 
        and the Senate not later than 90 days after the date of the 
        enactment of this Act and each 180 days thereafter until 
        December 31, 2017, as applicable. The report shall include 
        timelines for study completion, draft environmental impact 
        statements, final environmental impact statements, and Records 
        of Decision;
            (7) in conducting any feasibility study under this Act, the 
        reclamation laws, the Central Valley Project Improvement Act 
        (title XXXIV of Public Law 102-575; 106 Stat. 4706), the Fish 
        and Wildlife Coordination Act (16 U.S.C. 661 et seq.), the 
        Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), and 
        other applicable law, for the purposes of determining 
        feasibility the Secretary shall document, delineate, and 
        publish costs directly relating to the engineering and 
        construction of a water storage project separately from the 
        costs resulting from regulatory compliance or the construction 
        of auxiliary facilities necessary to achieve regulatory 
        compliance; and
            (8) communicate, coordinate and cooperate with public water 
        agencies that contract with the United States for Central 
        Valley Project water and that are expected to participate in 
        the cost pools that will be created for the projects proposed 
        in the feasibility studies under this section.

SEC. 1052. TEMPERANCE FLAT.

    (a) Definitions.--For the purposes of this section:
            (1) Project.--The term ``Project'' means the Temperance 
        Flat Reservoir Project on the Upper San Joaquin River.
            (2) RMP.--The term ``RMP'' means the document titled 
        ``Bakersfield Field Office, Record of Decision and Approved 
        Resource Management Plan,'' dated December 2014.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
    (b) Applicability of RMP.--The RMP and findings related thereto 
shall have no effect on or applicability to the Secretary's 
determination of feasibility of, or on any findings or environmental 
review documents related to--
            (1) the Project; or
            (2) actions taken by the Secretary pursuant to section 
        103(d)(1)(A)(ii)(II) of the Bay-Delta Authorization Act (title 
        I of Public Law 108-361).
    (c) Duties of Secretary Upon Determination of Feasibility.--If the 
Secretary finds the Project to be feasible, the Secretary shall manage 
the land recommended in the RMP for designation under the Wild and 
Scenic Rivers Act (16 U.S.C. 1271 et seq.) in a manner that does not 
impede any environmental reviews, preconstruction, construction, or 
other activities of the Project, regardless of whether or not the 
Secretary submits any official recommendation to Congress under the 
Wild and Scenic Rivers Act.
    (d) Reserved Water Rights.--Effective December 22, 2014, there 
shall be no Federal reserved water rights to any segment of the San 
Joaquin River related to the Project as a result of any designation 
made under the Wild and Scenic Rivers Act (16 U.S.C. 1271 et seq.).

SEC. 1053. CALFED STORAGE ACCOUNTABILITY.

    If the Secretary of the Interior fails to provide the feasibility 
studies described in section 1051 to the appropriate committees of the 
House of Representatives and the Senate by the times prescribed, the 
Secretary shall notify each committee chair individually in person on 
the status of each project once a month until the feasibility study for 
that project is provided to Congress.

SEC. 1054. WATER STORAGE PROJECT CONSTRUCTION.

    (a) Partnership and Agreements.--The Secretary of the Interior, 
acting through the Commissioner of the Bureau of Reclamation, may 
partner or enter into an agreement on the water storage projects 
identified in section 103(d)(1) of the Water Supply Reliability and 
Environmental Improvement Act (Public Law 108-361) (and Acts 
supplemental and amendatory to the Act) with local joint powers 
authorities formed pursuant to State law by irrigation districts and 
other local water districts and local governments within the applicable 
hydrologic region, to advance those projects.
    (b) Authorization for Project.--If the Secretary determines a 
project described in section 1052(a)(1) and (2) is feasible, the 
Secretary is authorized to carry out the project in a manner that is 
substantially in accordance with the recommended plan, and subject to 
the conditions described in the feasibility study, provided that no 
Federal funding shall be used to construct the project.

                  Subtitle E--WATER RIGHTS PROTECTIONS

SEC. 1061. OFFSET FOR STATE WATER PROJECT.

    (a) Implementation Impacts.--The Secretary of the Interior shall 
confer with the California Department of Fish and Wildlife in 
connection with the implementation of this Act on potential impacts to 
any consistency determination for operations of the State Water Project 
issued pursuant to California Fish and Game Code section 2080.1.
    (b) Additional Yield.--If, as a result of the application of this 
Act, the California Department of Fish and Wildlife--
            (1) revokes the consistency determinations pursuant to 
        California Fish and Game Code section 2080.1 that are 
        applicable to the State Water Project;
            (2) amends or issues one or more new consistency 
        determinations pursuant to California Fish and Game Code 
        section 2080.1 in a manner that directly or indirectly results 
        in reduced water supply to the State Water Project as compared 
        with the water supply available under the smelt biological 
        opinion and the salmonid biological opinion; or
            (3) requires take authorization under California Fish and 
        Game Code section 2081 for operation of the State Water Project 
        in a manner that directly or indirectly results in reduced 
        water supply to the State Water Project as compared with the 
        water supply available under the smelt biological opinion and 
        the salmonid biological opinion, and as a consequence of the 
        Department's action, Central Valley Project yield is greater 
        than it would have been absent the Department's actions, then 
        that additional yield shall be made available to the State 
        Water Project for delivery to State Water Project contractors 
        to offset losses resulting from the Department's action.
    (c) Notification Related to Environmental Protections.--The 
Secretary of the Interior shall immediately notify the Director of the 
California Department of Fish and Wildlife in writing if the Secretary 
of the Interior determines that implementation of the smelt biological 
opinion and the salmonid biological opinion consistent with this Act 
reduces environmental protections for any species covered by the 
opinions.

SEC. 1062. AREA OF ORIGIN PROTECTIONS.

    (a) In General.--The Secretary of the Interior is directed, in the 
operation of the Central Valley Project, to adhere to California's 
water rights laws governing water rights priorities and to honor water 
rights senior to those held by the United States for operation of the 
Central Valley Project, regardless of the source of priority, including 
any appropriative water rights initiated prior to December 19, 1914, as 
well as water rights and other priorities perfected or to be perfected 
pursuant to California Water Code Part 2 of Division 2. Article 1.7 
(commencing with section 1215 of chapter 1 of part 2 of division 2, 
sections 10505, 10505.5, 11128, 11460, 11461, 11462, and 11463, and 
sections 12200 to 12220, inclusive).
    (b) Diversions.--Any action undertaken by the Secretary of the 
Interior and the Secretary of Commerce pursuant to both this Act and 
section 7 of the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
seq.) that requires that diversions from the Sacramento River or the 
San Joaquin River watersheds upstream of the Delta be bypassed shall 
not be undertaken in a manner that alters the water rights priorities 
established by California law.
    (c) Endangered Species Act.--Nothing in this subtitle alters the 
existing authorities provided to and obligations placed upon the 
Federal Government under the Endangered Species Act of 1973 (16 U.S.C. 
1531 et seq.), as amended.
    (d) Contracts.--With respect to individuals and entities with water 
rights on the Sacramento River, the mandates of this section may be 
met, in whole or in part, through a contract with the Secretary of the 
Interior executed pursuant to section 14 of Public Law 76-260; 53 Stat. 
1187 (43 U.S.C. 389) that is in conformance with the Sacramento River 
Settlement Contracts renewed by the Secretary of the Interior in 2005.

SEC. 1063. NO REDIRECTED ADVERSE IMPACTS.

    (a) In General.--The Secretary of the Interior shall ensure that, 
except as otherwise provided for in a water service or repayment 
contract, actions taken in compliance with legal obligations imposed 
pursuant to or as a result of this Act, including such actions under 
section 7 of the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
seq.) and other applicable Federal and State laws, shall not directly 
or indirectly--
            (1) result in the involuntary reduction of water supply or 
        fiscal impacts to individuals or districts who receive water 
        from either the State Water Project or the United States under 
        water rights settlement contracts, exchange contracts, water 
        service contracts, repayment contracts, or water supply 
        contracts; or
            (2) cause redirected adverse water supply or fiscal impacts 
        to those within the Sacramento River watershed, the San Joaquin 
        River watershed or the State Water Project service area.
    (b) Costs.--To the extent that costs are incurred solely pursuant 
to or as a result of this Act and would not otherwise have been 
incurred by any entity or public or local agency or subdivision of the 
State of California, such costs shall not be borne by any such entity, 
agency, or subdivision of the State of California, unless such costs 
are incurred on a voluntary basis.
    (c) Rights and Obligations Not Modified or Amended.--Nothing in 
this Act shall modify or amend the rights and obligations of the 
parties to any existing--
            (1) water service, repayment, settlement, purchase, or 
        exchange contract with the United States, including the 
        obligation to satisfy exchange contracts and settlement 
        contracts prior to the allocation of any other Central Valley 
        Project water; or
            (2) State Water Project water supply or settlement contract 
        with the State.

SEC. 1064. ALLOCATIONS FOR SACRAMENTO VALLEY CONTRACTORS.

    (a) Allocations.--
            (1) In general.--Subject to paragraph (2) and subsection 
        (b), the Secretary of the Interior is directed, in the 
        operation of the Central Valley Project, to allocate water 
        provided for irrigation purposes to existing Central Valley 
        Project agricultural water service contractors within the 
        Sacramento River Watershed in compliance with the following:
                    (A) Not less than 100 percent of their contract 
                quantities in a ``Wet'' year.
                    (B) Not less than 100 percent of their contract 
                quantities in an ``Above Normal'' year.
                    (C) Not less than 100 percent of their contract 
                quantities in a ``Below Normal'' year that is preceded 
                by an ``Above Normal'' or a ``Wet'' year.
                    (D) Not less than 50 percent of their contract 
                quantities in a ``Dry'' year that is preceded by a 
                ``Below Normal,'' an ``Above Normal,'' or a ``Wet'' 
                year.
                    (E) In all other years not identified herein, the 
                allocation percentage for existing Central Valley 
                Project agricultural water service contractors within 
                the Sacramento River Watershed shall not be less than 
                twice the allocation percentage to south-of-Delta 
                Central Valley Project agricultural water service 
                contractors, up to 100 percent; provided, that nothing 
                herein shall preclude an allocation to existing Central 
                Valley Project agricultural water service contractors 
                within the Sacramento River Watershed that is greater 
                than twice the allocation percentage to south-of-Delta 
                Central Valley Project agricultural water service 
                contractors.
            (2) Conditions.--The Secretary's actions under paragraph 
        (a) shall be subject to--
                    (A) the priority of individuals or entities with 
                Sacramento River water rights, including those with 
                Sacramento River Settlement Contracts, that have 
                priority to the diversion and use of Sacramento River 
                water over water rights held by the United States for 
                operations of the Central Valley Project;
                    (B) the United States obligation to make a 
                substitute supply of water available to the San Joaquin 
                River Exchange Contractors; and
                    (C) the Secretary's obligation to make water 
                available to managed wetlands pursuant to section 
                3406(d) of the Central Valley Project Improvement Act 
                (Public Law 102-575).
    (b) Protection of Municipal and Industrial Supplies.--Nothing in 
subsection (a) shall be deemed to--
            (1) modify any provision of a water service contract that 
        addresses municipal and industrial water shortage policies of 
        the Secretary;
            (2) affect or limit the authority of the Secretary to adopt 
        or modify municipal and industrial water shortage policies;
            (3) affect or limit the authority of the Secretary to 
        implement municipal and industrial water shortage policies; or
            (4) affect allocations to Central Valley Project municipal 
        and industrial contractors pursuant to such policies.
Neither subsection (a) nor the Secretary's implementation of subsection 
(a) shall constrain, govern or affect, directly, the operations of the 
Central Valley Project's American River Division or any deliveries from 
that Division, its units or facilities.
    (c) No Effect on Allocations.--This section shall not--
            (1) affect the allocation of water to Friant Division 
        contractors; or
            (2) result in the involuntary reduction in contract water 
        allocations to individuals or entities with contracts to 
        receive water from the Friant Division.
    (d) Program for Water Rescheduling.--The Secretary of the Interior 
shall develop and implement a program, not later than 1 year after the 
date of the enactment of this Act, to provide for the opportunity for 
existing Central Valley Project agricultural water service contractors 
within the Sacramento River Watershed to reschedule water, provided for 
under their Central Valley Project water service contracts, from one 
year to the next.
    (e) Definitions.--In this section:
            (1) The term ``existing Central Valley Project agricultural 
        water service contractors within the Sacramento River 
        Watershed'' means water service contractors within the Shasta, 
        Trinity, and Sacramento River Divisions of the Central Valley 
        Project, that have a water service contract in effect, on the 
        date of the enactment of this section, that provides water for 
        irrigation.
            (2) The year type terms used in subsection (a) have the 
        meaning given those year types in the Sacramento Valley Water 
        Year Type (40-30-30) Index.

SEC. 1065. EFFECT ON EXISTING OBLIGATIONS.

    Nothing in this Act preempts or modifies any existing obligation of 
the United States under Federal reclamation law to operate the Central 
Valley Project in conformity with State law, including established 
water rights priorities.

                       Subtitle F--MISCELLANEOUS

SEC. 1071. AUTHORIZED SERVICE AREA.

    (a) In General.--The authorized service area of the Central Valley 
Project authorized under the Central Valley Project Improvement Act 
(Public Law 102-575; 106 Stat. 4706) shall include the area within the 
boundaries of the Kettleman City Community Services District, 
California, as in existence on the date of enactment of this Act.
    (b) Long-Term Contract.--
            (1) In general.--Notwithstanding the Central Valley Project 
        Improvement Act (Public Law 102-575; 106 Stat. 4706) and 
        subject to paragraph (2), the Secretary of the Interior, in 
        accordance with the Federal reclamation laws, shall enter into 
        a long-term contract with the Kettleman City Community Services 
        District, California, under terms and conditions mutually 
        agreeable to the parties, for the delivery of up to 900 acre-
        feet of Central Valley Project water for municipal and 
        industrial use.
            (2) Limitation.--Central Valley Project water deliveries 
        authorized under the contract entered into under paragraph (1) 
        shall be limited to the minimal quantity necessary to meet the 
        immediate needs of the Kettleman City Community Services 
        District, California, in the event that local supplies or State 
        Water Project allocations are insufficient to meet those needs.
    (c) Permit.--The Secretary shall apply for a permit with the State 
for a joint place of use for water deliveries authorized under the 
contract entered into under subsection (b) with respect to the expanded 
service area under subsection (a), consistent with State law.
    (d) Additional Costs.--If any additional infrastructure, water 
treatment, or related costs are needed to implement this section, those 
costs shall be the responsibility of the non-Federal entity.

SEC. 1072. OVERSIGHT BOARD FOR RESTORATION FUND.

    (a) Plan; Advisory Board.--Section 3407 of the Central Valley 
Project Improvement Act (Public Law 102-575; 106 Stat. 4726) is amended 
by adding at the end the following:
    ``(g) Plan on Expenditure of Funds.--
            ``(1) In general.--For each fiscal year, the Secretary, in 
        consultation with the Advisory Board, shall submit to Congress 
        a plan for the expenditure of all of the funds deposited into 
        the Restoration Fund during the preceding fiscal year.
            ``(2) Contents.--The plan shall include an analysis of the 
        cost-effectiveness of each expenditure.
    ``(h) Advisory Board.--
            ``(1) Establishment.--There is established the Restoration 
        Fund Advisory Board (referred to in this section as the 
        `Advisory Board'), which shall be composed of 11 members 
        appointed by the Secretary.
            ``(2) Membership.--
                    ``(A) In general.--The Secretary shall appoint 
                members to the Advisory Board that represent the 
                various Central Valley Project stakeholders, of whom--
                            ``(i) 4 members shall be agricultural users 
                        of the Central Valley Project, including at 
                        least one agricultural user from north-of-the-
                        Delta and one agricultural user from south-of-
                        the-Delta;
                            ``(ii) 2 members shall be municipal and 
                        industrial users of the Central Valley Project, 
                        including one municipal and industrial user 
                        from north-of-the-Delta and one municipal and 
                        industrial user from south-of-the-Delta;
                            ``(iii) 2 members shall be power 
                        contractors of the Central Valley Project, 
                        including at least one power contractor from 
                        north-of-the-Delta and from south-of-the-Delta;
                            ``(iv) 1 member shall be a representative 
                        of a Federal national wildlife refuge that 
                        contracts for Central Valley Project water 
                        supplies with the Bureau of Reclamation;
                            ``(v) 1 member shall have expertise in the 
                        economic impacts of the changes to water 
                        operations; and
                            ``(vi) 1 member shall be a representative 
                        of a wildlife entity that primarily focuses on 
                        waterfowl.
                    ``(B) Observer.--The Secretary and the Secretary of 
                Commerce may each designate a representative to act as 
                an observer of the Advisory Board.
                    ``(C) Chair.--The Secretary shall appoint 1 of the 
                members described in subparagraph (A) to serve as Chair 
                of the Advisory Board.
            ``(3) Terms.--The term of each member of the Advisory Board 
        shall be 4 years.
            ``(4) Date of appointments.--The appointment of a member of 
        the Panel shall be made not later than--
                    ``(A) the date that is 120 days after the date of 
                enactment of this Act; or
                    ``(B) in the case of a vacancy on the Panel 
                described in subsection (c)(2), the date that is 120 
                days after the date on which the vacancy occurs.
            ``(5) Vacancies.--
                    ``(A) In general.--A vacancy on the Panel shall be 
                filled in the manner in which the original appointment 
                was made and shall be subject to any conditions that 
                applied with respect to the original appointment.
                    ``(B) Filling unexpired term.--An individual chosen 
                to fill a vacancy shall be appointed for the unexpired 
                term of the member replaced.
                    ``(C) Expiration of terms.--The term of any member 
                shall not expire before the date on which the successor 
                of the member takes office.
            ``(6) Removal.--A member of the Panel may be removed from 
        office by the Secretary of the Interior.
            ``(7) Federal advisory committee act.--The Panel shall not 
        be subject to the requirements of the Federal Advisory 
        Committee Act.
            ``(8) Duties.--The duties of the Advisory Board are--
                    ``(A) to meet not less frequently than semiannually 
                to develop and make recommendations to the Secretary 
                regarding priorities and spending levels on projects 
                and programs carried out under this title;
                    ``(B) to ensure that any advice given or 
                recommendation made by the Advisory Board reflects the 
                independent judgment of the Advisory Board;
                    ``(C) not later than December 31, 2015, and 
                annually thereafter, to submit to the Secretary and 
                Congress the recommendations under subparagraph (A); 
                and
                    ``(D) not later than December 31, 2015, and 
                biennially thereafter, to submit to Congress details of 
                the progress made in achieving the actions required 
                under section 3406.
            ``(9) Administration.--With the consent of the appropriate 
        agency head, the Advisory Board may use the facilities and 
        services of any Federal agency.
            ``(10) Cooperation and assistance.--
                    ``(A) Provision of information.--Upon request of 
                the Panel Chair for information or assistance to 
                facilitate carrying out this section, the Secretary of 
                the Interior shall promptly provide such information, 
                unless otherwise prohibited by law.
                    ``(B) Space and assistance.--The Secretary of the 
                Interior shall provide the Panel with appropriate and 
                adequate office space, together with such equipment, 
                office supplies, and communications facilities and 
                services as may be necessary for the operation of the 
                Panel, and shall provide necessary maintenance services 
                for such offices and the equipment and facilities 
                located therein.''.

SEC. 1073. WATER SUPPLY ACCOUNTING.

    (a) In General.--All Central Valley Project water, except Central 
Valley Project water released pursuant to U.S. Department of the 
Interior Record of Decision, Trinity River Mainstem Fishery Restoration 
Final Environmental Impact Statement/Environmental Impact Report dated 
December 2000 used to implement an action undertaken for a fishery 
beneficial purpose that was not imposed by terms and conditions 
existing in licenses, permits, and other agreements pertaining to the 
Central Valley Project under applicable State or Federal law existing 
on October 30, 1992, shall be credited to the quantity of Central 
Valley Project yield dedicated and managed under this section; 
provided, that nothing herein shall affect the Secretary of the 
Interior's duty to comply with any otherwise lawful requirement imposed 
on operations of the Central Valley Project under any provision of 
Federal or State law.
    (b) Reclamation Policies and Allocations.--Reclamation policies and 
allocations shall not be based upon any premise or assumption that 
Central Valley Project contract supplies are supplemental or secondary 
to any other contractor source of supply.

SEC. 1074. IMPLEMENTATION OF WATER REPLACEMENT PLAN.

    (a) In General.--Not later than October 1, 2016, the Secretary of 
the Interior shall update and implement the plan required by section 
3408(j) of title XXXIV of Public Law 102-575. The Secretary shall 
notify the Congress annually describing the progress of implementing 
the plan required by section 3408(j) of title XXXIV of Public Law 102-
575.
    (b) Potential Amendment.--If the plan required in subsection (a) 
has not increased the Central Valley Project yield by 800,000 acre-feet 
within 5 years after the enactment of this Act, then section 3406 of 
the Central Valley Project Improvement Act (title XXXIV of Public Law 
102-575) is amended as follows:
            (1) In subsection (b)--
                    (A) by amending paragraph (2)(C) to read:
                    ``(C) If by March 15, 2021, and any year thereafter 
                the quantity of Central Valley Project water forecasted 
                to be made available to all water service or repayment 
                contractors of the Central Valley Project is below 50 
                percent of the total quantity of water to be made 
                available under said contracts, the quantity of Central 
                Valley Project yield dedicated and managed for that 
                year under this paragraph shall be reduced by 25 
                percent.''.

SEC. 1075. NATURAL AND ARTIFICIALLY SPAWNED SPECIES.

    After the date of the enactment of this title, and regardless of 
the date of listing, the Secretaries of the Interior and Commerce shall 
not distinguish between natural-spawned and hatchery-spawned or 
otherwise artificially propagated strains of a species in making any 
determination under the Endangered Species Act of 1973 (16 U.S.C. 1531 
et seq.) that relates to any anadromous or pelagic fish species that 
resides for all or a portion of its life in the Sacramento-San Joaquin 
Delta or rivers tributary thereto.

SEC. 1076. TRANSFER THE NEW MELONES UNIT, CENTRAL VALLEY PROJECT TO 
              INTERESTED PROVIDERS.

    (a) Definitions.--For the purposes of this section, the following 
terms apply:
            (1) Interested local water and power providers.--The term 
        ``interested local water and power providers'' includes the 
        Calaveras County Water District, Calaveras Public Power Agency, 
        Central San Joaquin Water Conservation District, Oakdale 
        Irrigation District, Stockton East Water District, South San 
        Joaquin Irrigation District, Tuolumne Utilities District, 
        Tuolumne Public Power Agency, and Union Public Utilities 
        District.
            (2) New melones unit, central valley project.--The term 
        ``New Melones Unit, Central Valley Project'' means all Federal 
        reclamation projects located within or diverting water from or 
        to the watershed of the Stanislaus and San Joaquin rivers and 
        their tributaries as authorized by the Act of August 26, 1937 
        (50 Stat. 850), and all Acts amendatory or supplemental 
        thereto, including the Act of October 23, 1962 (76 Stat. 1173).
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
    (b) Negotiations.--Notwithstanding any other provision of law, not 
later than 180 days after the date of the enactment of this Act, the 
Secretary shall enter into negotiations with interested local water and 
power providers for the transfer ownership, control, and operation of 
the New Melones Unit, Central Valley Project to interested local water 
and power providers within the State of California.
    (c) Transfer.--The Secretary shall transfer the New Melones Unit, 
Central Valley Project in accordance with an agreement reached pursuant 
to negotiations conducted under subsection (b).
    (d) Notification.--Not later than 360 days after the date of the 
enactment of this Act, and every 6 months thereafter, the Secretary 
shall notify the appropriate committees of the House of Representatives 
and the Senate--
            (1) if an agreement is reached pursuant to negotiations 
        conducted under subsection (b), the terms of that agreement;
            (2) of the status of formal discussions with interested 
        local water and power providers for the transfer of ownership, 
        control, and operation of the New Melones Unit, Central Valley 
        Project to interested local water and power providers;
            (3) of all unresolved issues that are preventing execution 
        of an agreement for the transfer of ownership, control, and 
        operation of the New Melones Unit, Central Valley Project to 
        interested local water and power providers;
            (4) on analysis and review of studies, reports, 
        discussions, hearing transcripts, negotiations, and other 
        information about past and present formal discussions that--
                    (A) have a serious impact on the progress of the 
                formal discussions;
                    (B) explain or provide information about the issues 
                that prevent progress or finalization of formal 
                discussions; or
                    (C) are, in whole or in part, preventing execution 
                of an agreement for the transfer; and
            (5) of any actions the Secretary recommends that the United 
        States should take to finalize an agreement for that transfer.

SEC. 1077. BASIN STUDIES.

    (a) Authorized Studies.--The Secretary of the Interior is 
authorized and directed to expand opportunities and expedite completion 
of assessments under section 9503(b) of the SECURE Water Act (42 U.S.C. 
10363(b)), with non-Federal partners, of individual sub-basins and 
watersheds within major Reclamation river basins; and shall ensure 
timely decision and expedited implementation of adaptation and 
mitigation strategies developed through the special study process.
    (b) Funding.--
            (1) In general.--The non-Federal partners shall be 
        responsible for 100 percent of the cost of the special studies.
            (2) Contributed funds.--The Secretary may accept and use 
        contributions of funds from the non-Federal partners to carry 
        out activities under the special studies.

SEC. 1078. OPERATIONS OF THE TRINITY RIVER DIVISION.

    The Secretary of the Interior, in the operation of the Trinity 
River Division of the Central Valley Project, shall not make releases 
from Lewiston Dam in excess of the volume for each water-year type 
required by the U.S. Department of the Interior Record of Decision, 
Trinity River Mainstem Fishery Restoration Final Environmental Impact 
Statement/Environmental Impact Report dated December 2000.
            (1) A maximum of 369,000 acre-feet in a ``Critically Dry'' 
        year.
            (2) A maximum of 453,000 acre-feet in a ``Dry'' year.
            (3) A maximum of 647,000 acre-feet in a ``Normal'' year.
            (4) A maximum of 701,000 acre-feet in a ``Wet'' year.
            (5) A maximum of 815,000 acre-feet in an ``Extremely Wet'' 
        year.

SEC. 1079. AMENDMENT TO PURPOSES.

    Section 3402 of the Central Valley Project Improvement Act (106 
Stat. 4706) is amended--
            (1) in subsection (f), by striking the period at the end; 
        and
            (2) by adding at the end the following:
    ``(g) to ensure that water dedicated to fish and wildlife purposes 
by this title is replaced and provided to Central Valley Project water 
contractors by December 31, 2018, at the lowest cost reasonably 
achievable; and
    ``(h) to facilitate and expedite water transfers in accordance with 
this Act.''.

SEC. 1080. AMENDMENT TO DEFINITION.

    Section 3403 of the Central Valley Project Improvement Act (106 
Stat. 4707) is amended--
            (1) by amending subsection (a) to read as follows:
    ``(a) the term `anadromous fish' means those native stocks of 
salmon (including steelhead) and sturgeon that, as of October 30, 1992, 
were present in the Sacramento and San Joaquin Rivers and their 
tributaries and ascend those rivers and their tributaries to reproduce 
after maturing in San Francisco Bay or the Pacific Ocean;'';
            (2) in subsection (l), by striking ``and,'';
            (3) in subsection (m), by striking the period and inserting 
        ``; and''; and
            (4) by adding at the end the following:
    ``(n) the term `reasonable flow' means water flows capable of being 
maintained taking into account competing consumptive uses of water and 
economic, environmental, and social factors.''.

SEC. 1081. REPORT ON RESULTS OF WATER USAGE.

    The Secretary of the Interior, in consultation with the Secretary 
of Commerce and the Secretary of Natural Resources of the State of 
California, shall publish an annual report detailing instream flow 
releases from the Central Valley Project and California State Water 
Project, their explicit purpose and authority, and all measured 
environmental benefit as a result of the releases.

SEC. 1082. KLAMATH PROJECT CONSULTATION APPLICANTS.

    If the Bureau of Reclamation initiates or reinitiates consultation 
with the U.S. Fish and Wildlife Service or the National Marine 
Fisheries Service under section 7(a)(2) of the Endangered Species Act 
of 1973 (16 U.S.C. 1536(a)(2)), with respect to construction or 
operation of the Klamath Project (or any part thereof), Klamath Project 
contractors shall be accorded all the rights and responsibilities 
extended to applicants in the consultation process. Upon request of the 
Klamath Project contractors, they may be represented through an 
association or organization.

                Subtitle G--Water Supply Permitting Act

SEC. 1091. SHORT TITLE.

    This subtitle may be cited as the ``Water Supply Permitting 
Coordination Act''.

SEC. 1092. DEFINITIONS.

    In this subtitle:
            (1) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (2) Bureau.--The term ``Bureau'' means the Bureau of 
        Reclamation.
            (3) Qualifying projects.--The term ``qualifying projects'' 
        means new surface water storage projects in the States covered 
        under the Act of June 17, 1902 (32 Stat. 388, chapter 1093), 
        and Acts supplemental to and amendatory of that Act (43 U.S.C. 
        371 et seq.) constructed on lands administered by the 
        Department of the Interior or the Department of Agriculture, 
        exclusive of any easement, right-of-way, lease, or any private 
        holding.
            (4) Cooperating agencies.--The term ``cooperating agency'' 
        means a Federal agency with jurisdiction over a review, 
        analysis, opinion, statement, permit, license, or other 
        approval or decision required for a qualifying project under 
        applicable Federal laws and regulations, or a State agency 
        subject to section 1093(c).

SEC. 1093. ESTABLISHMENT OF LEAD AGENCY AND COOPERATING AGENCIES.

    (a) Establishment of Lead Agency.--The Bureau of Reclamation is 
established as the lead agency for purposes of coordinating all 
reviews, analyses, opinions, statements, permits, licenses, or other 
approvals or decisions required under Federal law to construct 
qualifying projects.
    (b) Identification and Establishment of Cooperating Agencies.--The 
Commissioner of the Bureau shall--
            (1) identify, as early as practicable upon receipt of an 
        application for a qualifying project, any Federal agency that 
        may have jurisdiction over a review, analysis, opinion, 
        statement, permit, license, approval, or decision required for 
        a qualifying project under applicable Federal laws and 
        regulations; and
            (2) notify any such agency, within a reasonable timeframe, 
        that the agency has been designated as a cooperating agency in 
        regards to the qualifying project unless that agency responds 
        to the Bureau in writing, within a timeframe set forth by the 
        Bureau, notifying the Bureau that the agency--
                    (A) has no jurisdiction or authority with respect 
                to the qualifying project;
                    (B) has no expertise or information relevant to the 
                qualifying project or any review, analysis, opinion, 
                statement, permit, license, or other approval or 
                decision associated therewith; or
                    (C) does not intend to submit comments on the 
                qualifying project or conduct any review of such a 
                project or make any decision with respect to such 
                project in a manner other than in cooperation with the 
                Bureau.
    (c) State Authority.--A State in which a qualifying project is 
being considered may choose, consistent with State law--
            (1) to participate as a cooperating agency; and
            (2) to make subject to the processes of this subtitle all 
        State agencies that--
                    (A) have jurisdiction over the qualifying project;
                    (B) are required to conduct or issue a review, 
                analysis, or opinion for the qualifying project; or
                    (C) are required to make a determination on issuing 
                a permit, license, or approval for the qualifying 
                project.

SEC. 1094. BUREAU RESPONSIBILITIES.

    (a) In General.--The principal responsibilities of the Bureau under 
this subtitle are to--
            (1) serve as the point of contact for applicants, State 
        agencies, Indian tribes, and others regarding proposed 
        qualifying projects;
            (2) coordinate preparation of unified environmental 
        documentation that will serve as the basis for all Federal 
        decisions necessary to authorize the use of Federal lands for 
        qualifying projects; and
            (3) coordinate all Federal agency reviews necessary for 
        project development and construction of qualifying projects.
    (b) Coordination Process.--The Bureau shall have the following 
coordination responsibilities:
            (1) Pre-application coordination.--Notify cooperating 
        agencies of proposed qualifying projects not later than 30 days 
        after receipt of a proposal and facilitate a preapplication 
        meeting for prospective applicants, relevant Federal and State 
        agencies, and Indian tribes to--
                    (A) explain applicable processes, data 
                requirements, and applicant submissions necessary to 
                complete the required Federal agency reviews within the 
                timeframe established; and
                    (B) establish the schedule for the qualifying 
                project.
            (2) Consultation with cooperating agencies.--Consult with 
        the cooperating agencies throughout the Federal agency review 
        process, identify and obtain relevant data in a timely manner, 
        and set necessary deadlines for cooperating agencies.
            (3) Schedule.--Work with the qualifying project applicant 
        and cooperating agencies to establish a project schedule. In 
        establishing the schedule, the Bureau shall consider, among 
        other factors--
                    (A) the responsibilities of cooperating agencies 
                under applicable laws and regulations;
                    (B) the resources available to the cooperating 
                agencies and the non-Federal qualifying project 
                sponsor, as applicable;
                    (C) the overall size and complexity of the 
                qualifying project;
                    (D) the overall schedule for and cost of the 
                qualifying project; and
                    (E) the sensitivity of the natural and historic 
                resources that may be affected by the qualifying 
                project.
            (4) Environmental compliance.--Prepare a unified 
        environmental review document for each qualifying project 
        application, incorporating a single environmental record on 
        which all cooperating agencies with authority to issue 
        approvals for a given qualifying project shall base project 
        approval decisions. Help ensure that cooperating agencies make 
        necessary decisions, within their respective authorities, 
        regarding Federal approvals in accordance with the following 
        timelines:
                    (A) Not later than one year after acceptance of a 
                completed project application when an environmental 
                assessment and finding of no significant impact is 
                determined to be the appropriate level of review under 
                the National Environmental Policy Act of 1969 (42 
                U.S.C. 4321 et seq.).
                    (B) Not later than one year and 30 days after the 
                close of the public comment period for a draft 
                environmental impact statement under the National 
                Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
                seq.), when an environmental impact statement is 
                required under the same.
            (5) Consolidated administrative record.--Maintain a 
        consolidated administrative record of the information assembled 
        and used by the cooperating agencies as the basis for agency 
        decisions.
            (6) Project data records.--To the extent practicable and 
        consistent with Federal law, ensure that all project data is 
        submitted and maintained in generally accessible electronic 
        format, compile, and where authorized under existing law, make 
        available such project data to cooperating agencies, the 
        qualifying project applicant, and to the public.
            (7) Project manager.--Appoint a project manager for each 
        qualifying project. The project manager shall have authority to 
        oversee the project and to facilitate the issuance of the 
        relevant final authorizing documents, and shall be responsible 
        for ensuring fulfillment of all Bureau responsibilities set 
        forth in this section and all cooperating agency 
        responsibilities under section 1095.

SEC. 1095. COOPERATING AGENCY RESPONSIBILITIES.

    (a) Adherence to Bureau Schedule.--Upon notification of an 
application for a qualifying project, all cooperating agencies shall 
submit to the Bureau a timeframe under which the cooperating agency 
reasonably considers it will be able to complete its authorizing 
responsibilities. The Bureau shall use the timeframe submitted under 
this subsection to establish the project schedule under section 1094, 
and the cooperating agencies shall adhere to the project schedule 
established by the Bureau.
    (b) Environmental Record.--Cooperating agencies shall submit to the 
Bureau all environmental review material produced or compiled in the 
course of carrying out activities required under Federal law consistent 
with the project schedule established by the Bureau.
    (c) Data Submission.--To the extent practicable and consistent with 
Federal law, the cooperating agencies shall submit all relevant project 
data to the Bureau in a generally accessible electronic format subject 
to the project schedule set forth by the Bureau.

SEC. 1096. FUNDING TO PROCESS PERMITS.

    (a) In General.--The Secretary, after public notice in accordance 
with the Administrative Procedures Act (5 U.S.C. 553), may accept and 
expend funds contributed by a non-Federal public entity to expedite the 
evaluation of a permit of that entity related to a qualifying project.
    (b) Effect on Permitting.--
            (1) In general.--In carrying out this section, the 
        Secretary shall ensure that the use of funds accepted under 
        subsection (a) will not impact impartial decisionmaking with 
        respect to permits, either substantively or procedurally.
            (2) Evaluation of permits.--In carrying out this section, 
        the Secretary shall ensure that the evaluation of permits 
        carried out using funds accepted under this section shall--
                    (A) be reviewed by the Regional Director of the 
                Bureau, or the Regional Director's designee, of the 
                region in which the qualifying project or activity is 
                located; and
                    (B) use the same procedures for decisions that 
                would otherwise be required for the evaluation of 
                permits for similar projects or activities not carried 
                out using funds authorized under this section.
            (3) Impartial decisionmaking.--In carrying out this 
        section, the Secretary and the cooperating agencies receiving 
        funds under this section for qualifying projects shall ensure 
        that the use of the funds accepted under this section for such 
        projects shall not--
                    (A) impact impartial decisionmaking with respect to 
                the issuance of permits, either substantively or 
                procedurally; or
                    (B) diminish, modify, or otherwise affect the 
                statutory or regulatory authorities of such agencies.
    (c) Limitation on Use of Funds.--None of the funds accepted under 
this section shall be used to carry out a review of the evaluation of 
permits required under subsection (b)(2)(A).
    (d) Public Availability.--The Secretary shall ensure that all final 
permit decisions carried out using funds authorized under this section 
are made available to the public, including on the Internet.

         Subtitle H--Bureau of Reclamation Project Streamlining

SEC. 1101. SHORT TITLE.

    This subtitle may be cited as the ``Bureau of Reclamation Project 
Streamlining Act''.

SEC. 1102. DEFINITIONS.

    In this subtitle:
            (1) Environmental impact statement.--The term 
        ``environmental impact statement'' means the detailed statement 
        of environmental impacts of a project required to be prepared 
        pursuant to the National Environmental Policy Act of 1969 (42 
        U.S.C. 4321 et seq.).
            (2) Environmental review process.--
                    (A) In general.--The term ``environmental review 
                process'' means the process of preparing an 
                environmental impact statement, environmental 
                assessment, categorical exclusion, or other document 
                under the National Environmental Policy Act of 1969 (42 
                U.S.C. 4321 et seq.) for a project study.
                    (B) Inclusions.--The term ``environmental review 
                process'' includes the process for and completion of 
                any environmental permit, approval, review, or study 
                required for a project study under any Federal law 
                other than the National Environmental Policy Act of 
                1969 (42 U.S.C. 4321 et seq.).
            (3) Federal jurisdictional agency.--The term ``Federal 
        jurisdictional agency'' means a Federal agency with 
        jurisdiction delegated by law, regulation, order, or otherwise 
        over a review, analysis, opinion, statement, permit, license, 
        or other approval or decision required for a project study 
        under applicable Federal laws (including regulations).
            (4) Federal lead agency.--The term ``Federal lead agency'' 
        means the Bureau of Reclamation.
            (5) Project.--The term ``project'' means a surface water 
        project, a project under the purview of title XVI of Public Law 
        102-575, or a rural water supply project investigated under 
        Public Law 109-451 to be carried out, funded or operated in 
        whole or in party by the Secretary pursuant to the Act of June 
        17, 1902 (32 Stat. 388, chapter 1093), and Acts supplemental to 
        and amendatory of that Act (43 U.S.C. 371 et seq.).
            (6) Project sponsor.--The term ``project sponsor'' means a 
        State, regional, or local authority or instrumentality or other 
        qualifying entity, such as a water conservation district, 
        irrigation district, water conservancy district, joint powers 
        authority, mutual water company, canal company, rural water 
        district or association, or any other entity that has the 
        capacity to contract with the United States under Federal 
        reclamation law.
            (7) Project study.--The term ``project study'' means a 
        feasibility study for a project carried out pursuant to the Act 
        of June 17, 1902 (32 Stat. 388, chapter 1093), and Acts 
        supplemental to and amendatory of that Act (43 U.S.C. 371 et 
        seq.).
            (8) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (9) Surface water storage.--The term ``surface water 
        storage'' means any surface water reservoir or impoundment that 
        would be owned, funded or operated in whole or in part by the 
        Bureau of Reclamation or that would be integrated into a larger 
        system owned, operated or administered in whole or in part by 
        the Bureau of Reclamation.

SEC. 1103. ACCELERATION OF STUDIES.

    (a) In General.--To the extent practicable, a project study 
initiated by the Secretary, after the date of enactment of this Act, 
under the Reclamation Act of 1902 (32 Stat. 388), and all Acts 
amendatory thereof or supplementary thereto, shall--
            (1) result in the completion of a final feasibility report 
        not later than 3 years after the date of initiation;
            (2) have a maximum Federal cost of $3,000,000; and
            (3) ensure that personnel from the local project area, 
        region, and headquarters levels of the Bureau of Reclamation 
        concurrently conduct the review required under this section.
    (b) Extension.--If the Secretary determines that a project study 
described in subsection (a) will not be conducted in accordance with 
subsection (a), the Secretary, not later than 30 days after the date of 
making the determination, shall--
            (1) prepare an updated project study schedule and cost 
        estimate;
            (2) notify the non-Federal project cost-sharing partner 
        that the project study has been delayed; and
            (3) provide written notice to the Committee on Natural 
        Resources of the House of Representatives and the Committee on 
        Energy and Natural Resources of the Senate as to the reasons 
        the requirements of subsection (a) are not attainable.
    (c) Exception.--
            (1) In general.--Notwithstanding the requirements of 
        subsection (a), the Secretary may extend the timeline of a 
        project study by a period not to exceed 3 years, if the 
        Secretary determines that the project study is too complex to 
        comply with the requirements of subsection (a).
            (2) Factors.--In making a determination that a study is too 
        complex to comply with the requirements of subsection (a), the 
        Secretary shall consider--
                    (A) the type, size, location, scope, and overall 
                cost of the project;
                    (B) whether the project will use any innovative 
                design or construction techniques;
                    (C) whether the project will require significant 
                action by other Federal, State, or local agencies;
                    (D) whether there is significant public dispute as 
                to the nature or effects of the project; and
                    (E) whether there is significant public dispute as 
                to the economic or environmental costs or benefits of 
                the project.
            (3) Notification.--Each time the Secretary makes a 
        determination under this subsection, the Secretary shall 
        provide written notice to the Committee on Natural Resources of 
        the House of Representatives and the Committee on Energy and 
        Natural Resources of the Senate as to the results of that 
        determination, including an identification of the specific one 
        or more factors used in making the determination that the 
        project is complex.
            (4) Limitation.--The Secretary shall not extend the 
        timeline for a project study for a period of more than 7 years, 
        and any project study that is not completed before that date 
        shall no longer be authorized.
    (d) Reviews.--Not later than 90 days after the date of the 
initiation of a project study described in subsection (a), the 
Secretary shall--
            (1) take all steps necessary to initiate the process for 
        completing federally mandated reviews that the Secretary is 
        required to complete as part of the study, including the 
        environmental review process under section 1105;
            (2) convene a meeting of all Federal, tribal, and State 
        agencies identified under section 1105(d) that may--
                    (A) have jurisdiction over the project;
                    (B) be required by law to conduct or issue a 
                review, analysis, opinion, or statement for the project 
                study; or
                    (C) be required to make a determination on issuing 
                a permit, license, or other approval or decision for 
                the project study; and
            (3) take all steps necessary to provide information that 
        will enable required reviews and analyses related to the 
        project to be conducted by other agencies in a thorough and 
        timely manner.
    (e) Interim Report.--Not later than 18 months after the date of 
enactment of this Act, the Secretary shall submit to the Committee on 
Natural Resources of the House of Representatives and the Committee on 
Energy and Natural Resources of the Senate and make publicly available 
a report that describes--
            (1) the status of the implementation of the planning 
        process under this section, including the number of 
        participating projects;
            (2) a review of project delivery schedules, including a 
        description of any delays on those studies initiated prior to 
        the date of the enactment of this Act; and
            (3) any recommendations for additional authority necessary 
        to support efforts to expedite the project.
    (f) Final Report.--Not later than 4 years after the date of 
enactment of this Act, the Secretary shall submit to the Committee on 
Natural Resources of the House of Representatives and the Committee on 
Energy and Natural Resources of the Senate and make publicly available 
a report that describes--
            (1) the status of the implementation of this section, 
        including a description of each project study subject to the 
        requirements of this section;
            (2) the amount of time taken to complete each project 
        study; and
            (3) any recommendations for additional authority necessary 
        to support efforts to expedite the project study process, 
        including an analysis of whether the limitation established by 
        subsection (a)(2) needs to be adjusted to address the impacts 
        of inflation.

SEC. 1104. EXPEDITED COMPLETION OF REPORTS.

    The Secretary shall--
            (1) expedite the completion of any ongoing project study 
        initiated before the date of enactment of this Act; and
            (2) if the Secretary determines that the project is 
        justified in a completed report, proceed directly to 
        preconstruction planning, engineering, and design of the 
        project in accordance with the Reclamation Act of 1902 (32 
        Stat. 388), and all Acts amendatory thereof or supplementary 
        thereto.

SEC. 1105. PROJECT ACCELERATION.

    (a) Applicability.--
            (1) In general.--This section shall apply to--
                    (A) each project study that is initiated after the 
                date of enactment of this Act and for which an 
                environmental impact statement is prepared under the 
                National Environmental Policy Act of 1969 (42 U.S.C. 
                4321 et seq.);
                    (B) the extent determined appropriate by the 
                Secretary, to other project studies initiated before 
                the date of enactment of this Act and for which an 
                environmental review process document is prepared under 
                the National Environmental Policy Act of 1969 (42 
                U.S.C. 4321 et seq.); and
                    (C) any project study for the development of a non-
                federally owned and operated surface water storage 
                project for which the Secretary determines there is a 
                demonstrable Federal interest and the project--
                            (i) is located in a river basin where other 
                        Bureau of Reclamation water projects are 
                        located;
                            (ii) will create additional water supplies 
                        that support Bureau of Reclamation water 
                        projects; or
                            (iii) will become integrated into the 
                        operation of Bureau of Reclamation water 
                        projects.
            (2) Flexibility.--Any authority granted under this section 
        may be exercised, and any requirement established under this 
        section may be satisfied, for the conduct of an environmental 
        review process for a project study, a class of project studies, 
        or a program of project studies.
            (3) List of project studies.--
                    (A) In general.--The Secretary shall annually 
                prepare, and make publicly available, a list of all 
                project studies that the Secretary has determined--
                            (i) meets the standards described in 
                        paragraph (1); and
                            (ii) does not have adequate funding to make 
                        substantial progress toward the completion of 
                        the project study.
                    (B) Inclusions.--The Secretary shall include for 
                each project study on the list under subparagraph (A) a 
                description of the estimated amounts necessary to make 
                substantial progress on the project study.
    (b) Project Review Process.--
            (1) In general.--The Secretary shall develop and implement 
        a coordinated environmental review process for the development 
        of project studies.
            (2) Coordinated review.--The coordinated environmental 
        review process described in paragraph (1) shall require that 
        any review, analysis, opinion, statement, permit, license, or 
        other approval or decision issued or made by a Federal, State, 
        or local governmental agency or an Indian tribe for a project 
        study described in subsection (b) be conducted, to the maximum 
        extent practicable, concurrently with any other applicable 
        governmental agency or Indian tribe.
            (3) Timing.--The coordinated environmental review process 
        under this subsection shall be completed not later than the 
        date on which the Secretary, in consultation and concurrence 
        with the agencies identified under section 1105(d), establishes 
        with respect to the project study.
    (c) Lead Agencies.--
            (1) Joint lead agencies.--
                    (A) In general.--Subject to the requirements of the 
                National Environmental Policy Act of 1969 (42 U.S.C. 
                4321 et seq.) and the requirements of section 1506.8 of 
                title 40, Code of Federal Regulations (or successor 
                regulations), including the concurrence of the proposed 
                joint lead agency, a project sponsor may serve as the 
                joint lead agency.
                    (B) Project sponsor as joint lead agency.--A 
                project sponsor that is a State or local governmental 
                entity may--
                            (i) with the concurrence of the Secretary, 
                        serve as a joint lead agency with the Federal 
                        lead agency for purposes of preparing any 
                        environmental document under the National 
                        Environmental Policy Act of 1969 (42 U.S.C. 
                        4321 et seq.); and
                            (ii) prepare any environmental review 
                        process document under the National 
                        Environmental Policy Act of 1969 (42 U.S.C. 
                        4321 et seq.) required in support of any action 
                        or approval by the Secretary if--
                                    (I) the Secretary provides guidance 
                                in the preparation process and 
                                independently evaluates that document;
                                    (II) the project sponsor complies 
                                with all requirements applicable to the 
                                Secretary under--
                                            (aa) the National 
                                        Environmental Policy Act of 
                                        1969 (42 U.S.C. 4321 et seq.);
                                            (bb) any regulation 
                                        implementing that Act; and
                                            (cc) any other applicable 
                                        Federal law; and
                                    (III) the Secretary approves and 
                                adopts the document before the 
                                Secretary takes any subsequent action 
                                or makes any approval based on that 
                                document, regardless of whether the 
                                action or approval of the Secretary 
                                results in Federal funding.
            (2) Duties.--The Secretary shall ensure that--
                    (A) the project sponsor complies with all design 
                and mitigation commitments made jointly by the 
                Secretary and the project sponsor in any environmental 
                document prepared by the project sponsor in accordance 
                with this subsection; and
                    (B) any environmental document prepared by the 
                project sponsor is appropriately supplemented to 
                address any changes to the project the Secretary 
                determines are necessary.
            (3) Adoption and use of documents.--Any environmental 
        document prepared in accordance with this subsection shall be 
        adopted and used by any Federal agency making any determination 
        related to the project study to the same extent that the 
        Federal agency could adopt or use a document prepared by 
        another Federal agency under--
                    (A) the National Environmental Policy Act of 1969 
                (42 U.S.C. 4321 et seq.); and
                    (B) parts 1500 through 1508 of title 40, Code of 
                Federal Regulations (or successor regulations).
            (4) Roles and responsibility of lead agency.--With respect 
        to the environmental review process for any project study, the 
        Federal lead agency shall have authority and responsibility--
                    (A) to take such actions as are necessary and 
                proper and within the authority of the Federal lead 
                agency to facilitate the expeditious resolution of the 
                environmental review process for the project study; and
                    (B) to prepare or ensure that any required 
                environmental impact statement or other environmental 
                review document for a project study required to be 
                completed under the National Environmental Policy Act 
                of 1969 (42 U.S.C. 4321 et seq.) is completed in 
                accordance with this section and applicable Federal 
                law.
    (d) Participating and Cooperating Agencies.--
            (1) Identification of jurisdictional agencies.--With 
        respect to carrying out the environmental review process for a 
        project study, the Secretary shall identify, as early as 
        practicable in the environmental review process, all Federal, 
        State, and local government agencies and Indian tribes that 
        may--
                    (A) have jurisdiction over the project;
                    (B) be required by law to conduct or issue a 
                review, analysis, opinion, or statement for the project 
                study; or
                    (C) be required to make a determination on issuing 
                a permit, license, or other approval or decision for 
                the project study.
            (2) State authority.--If the environmental review process 
        is being implemented by the Secretary for a project study 
        within the boundaries of a State, the State, consistent with 
        State law, may choose to participate in the process and to make 
        subject to the process all State agencies that--
                    (A) have jurisdiction over the project;
                    (B) are required to conduct or issue a review, 
                analysis, opinion, or statement for the project study; 
                or
                    (C) are required to make a determination on issuing 
                a permit, license, or other approval or decision for 
                the project study.
            (3) Invitation.--
                    (A) In general.--The Federal lead agency shall 
                invite, as early as practicable in the environmental 
                review process, any agency identified under paragraph 
                (1) to become a participating or cooperating agency, as 
                applicable, in the environmental review process for the 
                project study.
                    (B) Deadline.--An invitation to participate issued 
                under subparagraph (A) shall set a deadline by which a 
                response to the invitation shall be submitted, which 
                may be extended by the Federal lead agency for good 
                cause.
            (4) Procedures.--Section 1501.6 of title 40, Code of 
        Federal Regulations (as in effect on the date of enactment of 
        the Bureau of Reclamation Project Streamlining Act) shall 
        govern the identification and the participation of a 
        cooperating agency.
            (5) Federal cooperating agencies.--Any Federal agency that 
        is invited by the Federal lead agency to participate in the 
        environmental review process for a project study shall be 
        designated as a cooperating agency by the Federal lead agency 
        unless the invited agency informs the Federal lead agency, in 
        writing, by the deadline specified in the invitation that the 
        invited agency--
                    (A)(i) has no jurisdiction or authority with 
                respect to the project;
                    (ii) has no expertise or information relevant to 
                the project; or
                    (iii) does not have adequate funds to participate 
                in the project; and
                    (B) does not intend to submit comments on the 
                project.
            (6) Administration.--A participating or cooperating agency 
        shall comply with this section and any schedule established 
        under this section.
            (7) Effect of designation.--Designation as a participating 
        or cooperating agency under this subsection shall not imply 
        that the participating or cooperating agency--
                    (A) supports a proposed project; or
                    (B) has any jurisdiction over, or special expertise 
                with respect to evaluation of, the project.
            (8) Concurrent reviews.--Each participating or cooperating 
        agency shall--
                    (A) carry out the obligations of that agency under 
                other applicable law concurrently and in conjunction 
                with the required environmental review process, unless 
                doing so would prevent the participating or cooperating 
                agency from conducting needed analysis or otherwise 
                carrying out those obligations; and
                    (B) formulate and implement administrative, policy, 
                and procedural mechanisms to enable the agency to 
                ensure completion of the environmental review process 
                in a timely, coordinated, and environmentally 
                responsible manner.
    (e) Non-Federal Projects Integrated Into Reclamation Systems.--The 
Federal lead agency shall serve in that capacity for the entirety of 
all non-Federal projects that will be integrated into a larger system 
owned, operated or administered in whole or in part by the Bureau of 
Reclamation.
    (f) Non-Federal Project.--If the Secretary determines that a 
project can be expedited by a non-Federal sponsor and that there is a 
demonstrable Federal interest in expediting that project, the Secretary 
shall take such actions as are necessary to advance such a project as a 
non-Federal project, including, but not limited to, entering into 
agreements with the non-Federal sponsor of such project to support the 
planning, design and permitting of such project as a non-Federal 
project.
    (g) Programmatic Compliance.--
            (1) In general.--The Secretary shall issue guidance 
        regarding the use of programmatic approaches to carry out the 
        environmental review process that--
                    (A) eliminates repetitive discussions of the same 
                issues;
                    (B) focuses on the actual issues ripe for analyses 
                at each level of review;
                    (C) establishes a formal process for coordinating 
                with participating and cooperating agencies, including 
                the creation of a list of all data that are needed to 
                carry out an environmental review process; and
                    (D) complies with--
                            (i) the National Environmental Policy Act 
                        of 1969 (42 U.S.C. 4321 et seq.); and
                            (ii) all other applicable laws.
            (2) Requirements.--In carrying out paragraph (1), the 
        Secretary shall--
                    (A) as the first step in drafting guidance under 
                that paragraph, consult with relevant Federal, State, 
                and local governmental agencies, Indian tribes, and the 
                public on the appropriate use and scope of the 
                programmatic approaches;
                    (B) emphasize the importance of collaboration among 
                relevant Federal, State, and local governmental 
                agencies, and Indian tribes in undertaking programmatic 
                reviews, especially with respect to including reviews 
                with a broad geographical scope;
                    (C) ensure that the programmatic reviews--
                            (i) promote transparency, including of the 
                        analyses and data used in the environmental 
                        review process, the treatment of any deferred 
                        issues raised by Federal, State, and local 
                        governmental agencies, Indian tribes, or the 
                        public, and the temporal and special scales to 
                        be used to analyze those issues;
                            (ii) use accurate and timely information in 
                        the environmental review process, including--
                                    (I) criteria for determining the 
                                general duration of the usefulness of 
                                the review; and
                                    (II) the timeline for updating any 
                                out-of-date review;
                            (iii) describe--
                                    (I) the relationship between 
                                programmatic analysis and future tiered 
                                analysis; and
                                    (II) the role of the public in the 
                                creation of future tiered analysis; and
                            (iv) are available to other relevant 
                        Federal, State, and local governmental 
                        agencies, Indian tribes, and the public;
                    (D) allow not fewer than 60 days of public notice 
                and comment on any proposed guidance; and
                    (E) address any comments received under 
                subparagraph (D).
    (h) Coordinated Reviews.--
            (1) Coordination plan.--
                    (A) Establishment.--The Federal lead agency shall, 
                after consultation with and with the concurrence of 
                each participating and cooperating agency and the 
                project sponsor or joint lead agency, as applicable, 
                establish a plan for coordinating public and agency 
                participation in, and comment on, the environmental 
                review process for a project study or a category of 
                project studies.
                    (B) Schedule.--
                            (i) In general.--As soon as practicable but 
                        not later than 45 days after the close of the 
                        public comment period on a draft environmental 
                        impact statement, the Federal lead agency, 
                        after consultation with and the concurrence of 
                        each participating and cooperating agency and 
                        the project sponsor or joint lead agency, as 
                        applicable, shall establish, as part of the 
                        coordination plan established in subparagraph 
                        (A), a schedule for completion of the 
                        environmental review process for the project 
                        study.
                            (ii) Factors for consideration.--In 
                        establishing a schedule, the Secretary shall 
                        consider factors such as--
                                    (I) the responsibilities of 
                                participating and cooperating agencies 
                                under applicable laws;
                                    (II) the resources available to the 
                                project sponsor, joint lead agency, and 
                                other relevant Federal and State 
                                agencies, as applicable;
                                    (III) the overall size and 
                                complexity of the project;
                                    (IV) the overall schedule for and 
                                cost of the project; and
                                    (V) the sensitivity of the natural 
                                and historical resources that could be 
                                affected by the project.
                            (iii) Modifications.--The Secretary may--
                                    (I) lengthen a schedule established 
                                under clause (i) for good cause; and
                                    (II) shorten a schedule only with 
                                concurrence of the affected 
                                participating and cooperating agencies 
                                and the project sponsor or joint lead 
                                agency, as applicable.
                            (iv) Dissemination.--A copy of a schedule 
                        established under clause (i) shall be--
                                    (I) provided to each participating 
                                and cooperating agency and the project 
                                sponsor or joint lead agency, as 
                                applicable; and
                                    (II) made available to the public.
            (2) Comment deadlines.--The Federal lead agency shall 
        establish the following deadlines for comment during the 
        environmental review process for a project study:
                    (A) Draft environmental impact statements.--For 
                comments by Federal and State agencies and the public 
                on a draft environmental impact statement, a period of 
                not more than 60 days after publication in the Federal 
                Register of notice of the date of public availability 
                of the draft environmental impact statement, unless--
                            (i) a different deadline is established by 
                        agreement of the Federal lead agency, the 
                        project sponsor or joint lead agency, as 
                        applicable, and all participating and 
                        cooperating agencies; or
                            (ii) the deadline is extended by the 
                        Federal lead agency for good cause.
                    (B) Other environmental review processes.--For all 
                other comment periods established by the Federal lead 
                agency for agency or public comments in the 
                environmental review process, a period of not more than 
                30 days after the date on which the materials on which 
                comment is requested are made available, unless--
                            (i) a different deadline is established by 
                        agreement of the Federal lead agency, the 
                        project sponsor, or joint lead agency, as 
                        applicable, and all participating and 
                        cooperating agencies; or
                            (ii) the deadline is extended by the 
                        Federal lead agency for good cause.
            (3) Deadlines for decisions under other laws.--In any case 
        in which a decision under any Federal law relating to a project 
        study, including the issuance or denial of a permit or license, 
        is required to be made by the date described in subsection 
        (i)(5)(B), the Secretary shall submit to the Committee on 
        Natural Resources of the House of Representatives and the 
        Committee on Energy and Natural Resources of the Senate--
                    (A) as soon as practicable after the 180-day period 
                described in subsection (i)(5)(B), an initial notice of 
                the failure of the Federal agency to make the decision; 
                and
                    (B) every 60 days thereafter until such date as all 
                decisions of the Federal agency relating to the project 
                study have been made by the Federal agency, an 
                additional notice that describes the number of 
                decisions of the Federal agency that remain outstanding 
                as of the date of the additional notice.
            (4) Involvement of the public.--Nothing in this subsection 
        reduces any time period provided for public comment in the 
        environmental review process under applicable Federal law 
        (including regulations).
            (5) Transparency reporting.--
                    (A) Reporting requirements.--Not later than 1 year 
                after the date of enactment of this Act, the Secretary 
                shall establish and maintain an electronic database 
                and, in coordination with other Federal and State 
                agencies, issue reporting requirements to make publicly 
                available the status and progress with respect to 
                compliance with applicable requirements of the National 
                Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
                seq.) and any other Federal, State, or local approval 
                or action required for a project study for which this 
                section is applicable.
                    (B) Project study transparency.--Consistent with 
                the requirements established under subparagraph (A), 
                the Secretary shall make publicly available the status 
                and progress of any Federal, State, or local decision, 
                action, or approval required under applicable laws for 
                each project study for which this section is 
                applicable.
    (i) Issue Identification and Resolution.--
            (1) Cooperation.--The Federal lead agency, the cooperating 
        agencies, and any participating agencies shall work 
        cooperatively in accordance with this section to identify and 
        resolve issues that could delay completion of the environmental 
        review process or result in the denial of any approval required 
        for the project study under applicable laws.
            (2) Federal lead agency responsibilities.--
                    (A) In general.--The Federal lead agency shall make 
                information available to the cooperating agencies and 
                participating agencies as early as practicable in the 
                environmental review process regarding the 
                environmental and socioeconomic resources located 
                within the project area and the general locations of 
                the alternatives under consideration.
                    (B) Data sources.--The information under 
                subparagraph (A) may be based on existing data sources, 
                including geographic information systems mapping.
            (3) Cooperating and participating agency 
        responsibilities.--Based on information received from the 
        Federal lead agency, cooperating and participating agencies 
        shall identify, as early as practicable, any issues of concern 
        regarding the potential environmental or socioeconomic impacts 
        of the project, including any issues that could substantially 
        delay or prevent an agency from granting a permit or other 
        approval that is needed for the project study.
            (4) Accelerated issue resolution and elevation.--
                    (A) In general.--On the request of a participating 
                or cooperating agency or project sponsor, the Secretary 
                shall convene an issue resolution meeting with the 
                relevant participating and cooperating agencies and the 
                project sponsor or joint lead agency, as applicable, to 
                resolve issues that may--
                            (i) delay completion of the environmental 
                        review process; or
                            (ii) result in denial of any approval 
                        required for the project study under applicable 
                        laws.
                    (B) Meeting date.--A meeting requested under this 
                paragraph shall be held not later than 21 days after 
                the date on which the Secretary receives the request 
                for the meeting, unless the Secretary determines that 
                there is good cause to extend that deadline.
                    (C) Notification.--On receipt of a request for a 
                meeting under this paragraph, the Secretary shall 
                notify all relevant participating and cooperating 
                agencies of the request, including the issue to be 
                resolved and the date for the meeting.
                    (D) Elevation of issue resolution.--If a resolution 
                cannot be achieved within the 30-day period beginning 
                on the date of a meeting under this paragraph and a 
                determination is made by the Secretary that all 
                information necessary to resolve the issue has been 
                obtained, the Secretary shall forward the dispute to 
                the heads of the relevant agencies for resolution.
                    (E) Convention by secretary.--The Secretary may 
                convene an issue resolution meeting under this 
                paragraph at any time, at the discretion of the 
                Secretary, regardless of whether a meeting is requested 
                under subparagraph (A).
            (5) Financial penalty provisions.--
                    (A) In general.--A Federal jurisdictional agency 
                shall complete any required approval or decision for 
                the environmental review process on an expeditious 
                basis using the shortest existing applicable process.
                    (B) Failure to decide.--
                            (i) In general.--
                                    (I) Transfer of funds.--If a 
                                Federal jurisdictional agency fails to 
                                render a decision required under any 
                                Federal law relating to a project study 
                                that requires the preparation of an 
                                environmental impact statement or 
                                environmental assessment, including the 
                                issuance or denial of a permit, 
                                license, statement, opinion, or other 
                                approval by the date described in 
                                clause (ii), the amount of funds made 
                                available to support the office of the 
                                head of the Federal jurisdictional 
                                agency shall be reduced by an amount of 
                                funding equal to the amount specified 
                                in item (aa) or (bb) of subclause (II), 
                                and those funds shall be made available 
                                to the division of the Federal 
                                jurisdictional agency charged with 
                                rendering the decision by not later 
                                than 1 day after the applicable date 
                                under clause (ii), and once each week 
                                thereafter until a final decision is 
                                rendered, subject to subparagraph (C).
                                    (II) Amount to be transferred.--The 
                                amount referred to in subclause (I) 
                                is--
                                            (aa) $20,000 for any 
                                        project study requiring the 
                                        preparation of an environmental 
                                        assessment or environmental 
                                        impact statement; or
                                            (bb) $10,000 for any 
                                        project study requiring any 
                                        type of review under the 
                                        National Environmental Policy 
                                        Act of 1969 (42 U.S.C. 4321 et 
                                        seq.) other than an 
                                        environmental assessment or 
                                        environmental impact statement.
                            (ii) Description of date.--The date 
                        referred to in clause (i) is the later of--
                                    (I) the date that is 180 days after 
                                the date on which an application for 
                                the permit, license, or approval is 
                                complete; and
                                    (II) the date that is 180 days 
                                after the date on which the Federal 
                                lead agency issues a decision on the 
                                project under the National 
                                Environmental Policy Act of 1969 (42 
                                U.S.C. 4321 et seq.).
                    (C) Limitations.--
                            (i) In general.--No transfer of funds under 
                        subparagraph (B) relating to an individual 
                        project study shall exceed, in any fiscal year, 
                        an amount equal to 1 percent of the funds made 
                        available for the applicable agency office.
                            (ii) Failure to decide.--The total amount 
                        transferred in a fiscal year as a result of a 
                        failure by an agency to make a decision by an 
                        applicable deadline shall not exceed an amount 
                        equal to 5 percent of the funds made available 
                        for the applicable agency office for that 
                        fiscal year.
                            (iii) Aggregate.--Notwithstanding any other 
                        provision of law, for each fiscal year, the 
                        aggregate amount of financial penalties 
                        assessed against each applicable agency office 
                        under this Act and any other Federal law as a 
                        result of a failure of the agency to make a 
                        decision by an applicable deadline for 
                        environmental review, including the total 
                        amount transferred under this paragraph, shall 
                        not exceed an amount equal to 9.5 percent of 
                        the funds made available for the agency office 
                        for that fiscal year.
                    (D) Notification of transfers.--Not later than 10 
                days after the last date in a fiscal year on which 
                funds of the Federal jurisdictional agency may be 
                transferred under subparagraph (B)(5) with respect to 
                an individual decision, the agency shall submit to the 
                appropriate committees of the House of Representatives 
                and the Senate written notification that includes a 
                description of--
                            (i) the decision;
                            (ii) the project study involved;
                            (iii) the amount of each transfer under 
                        subparagraph (B) in that fiscal year relating 
                        to the decision;
                            (iv) the total amount of all transfers 
                        under subparagraph (B) in that fiscal year 
                        relating to the decision; and
                            (v) the total amount of all transfers of 
                        the agency under subparagraph (B) in that 
                        fiscal year.
                    (E) No fault of agency.--
                            (i) In general.--A transfer of funds under 
                        this paragraph shall not be made if the 
                        applicable agency described in subparagraph (A) 
                        notifies, with a supporting explanation, the 
                        Federal lead agency, cooperating agencies, and 
                        project sponsor, as applicable, that--
                                    (I) the agency has not received 
                                necessary information or approvals from 
                                another entity in a manner that affects 
                                the ability of the agency to meet any 
                                requirements under Federal, State, or 
                                local law;
                                    (II) significant new information, 
                                including from public comments, or 
                                circumstances, including a major 
                                modification to an aspect of the 
                                project, requires additional analysis 
                                for the agency to make a decision on 
                                the project application; or
                                    (III) the agency lacks the 
                                financial resources to complete the 
                                review under the scheduled timeframe, 
                                including a description of the number 
                                of full-time employees required to 
                                complete the review, the amount of 
                                funding required to complete the 
                                review, and a justification as to why 
                                not enough funding is available to 
                                complete the review by the deadline.
                            (ii) Lack of financial resources.--If the 
                        agency provides notice under clause (i)(III), 
                        the Inspector General of the agency shall--
                                    (I) conduct a financial audit to 
                                review the notice; and
                                    (II) not later than 90 days after 
                                the date on which the review described 
                                in subclause (I) is completed, submit 
                                to the Committee on Natural Resources 
                                of the House of Representatives and the 
                                Committee on Energy and Natural 
                                Resources of the Senate the results of 
                                the audit conducted under subclause 
                                (I).
                    (F) Limitation.--The Federal agency from which 
                funds are transferred pursuant to this paragraph shall 
                not reprogram funds to the office of the head of the 
                agency, or equivalent office, to reimburse that office 
                for the loss of the funds.
                    (G) Effect of paragraph.--Nothing in this paragraph 
                affects or limits the application of, or obligation to 
                comply with, any Federal, State, local, or tribal law.
    (j) Memorandum of Agreements for Early Coordination.--
            (1) Sense of congress.--It is the sense of Congress that--
                    (A) the Secretary and other Federal agencies with 
                relevant jurisdiction in the environmental review 
                process should cooperate with each other, State and 
                local agencies, and Indian tribes on environmental 
                review and Bureau of Reclamation project delivery 
                activities at the earliest practicable time to avoid 
                delays and duplication of effort later in the process, 
                prevent potential conflicts, and ensure that planning 
                and project development decisions reflect environmental 
                values; and
                    (B) the cooperation referred to in subparagraph (A) 
                should include the development of policies and the 
                designation of staff that advise planning agencies and 
                project sponsors of studies or other information 
                foreseeably required for later Federal action and early 
                consultation with appropriate State and local agencies 
                and Indian tribes.
            (2) Technical assistance.--If requested at any time by a 
        State or project sponsor, the Secretary and other Federal 
        agencies with relevant jurisdiction in the environmental review 
        process, shall, to the maximum extent practicable and 
        appropriate, as determined by the agencies, provide technical 
        assistance to the State or project sponsor in carrying out 
        early coordination activities.
            (3) Memorandum of agency agreement.--If requested at any 
        time by a State or project sponsor, the Federal lead agency, in 
        consultation with other Federal agencies with relevant 
        jurisdiction in the environmental review process, may establish 
        memoranda of agreement with the project sponsor, Indian tribes, 
        State and local governments, and other appropriate entities to 
        carry out the early coordination activities, including 
        providing technical assistance in identifying potential impacts 
        and mitigation issues in an integrated fashion.
    (k) Limitations.--Nothing in this section preempts or interferes 
with--
            (1) any obligation to comply with the provisions of any 
        Federal law, including--
                    (A) the National Environmental Policy Act of 1969 
                (42 U.S.C. 4321 et seq.); and
                    (B) any other Federal environmental law;
            (2) the reviewability of any final Federal agency action in 
        a court of the United States or in the court of any State;
            (3) any requirement for seeking, considering, or responding 
        to public comment; or
            (4) any power, jurisdiction, responsibility, duty, or 
        authority that a Federal, State, or local governmental agency, 
        Indian tribe, or project sponsor has with respect to carrying 
        out a project or any other provision of law applicable to 
        projects.
    (l) Timing of Claims.--
            (1) Timing.--
                    (A) In general.--Notwithstanding any other 
                provision of law, a claim arising under Federal law 
                seeking judicial review of a permit, license, or other 
                approval issued by a Federal agency for a project study 
                shall be barred unless the claim is filed not later 
                than 3 years after publication of a notice in the 
                Federal Register announcing that the permit, license, 
                or other approval is final pursuant to the law under 
                which the agency action is taken, unless a shorter time 
                is specified in the Federal law that allows judicial 
                review.
                    (B) Applicability.--Nothing in this subsection 
                creates a right to judicial review or places any limit 
                on filing a claim that a person has violated the terms 
                of a permit, license, or other approval.
            (2) New information.--
                    (A) In general.--The Secretary shall consider new 
                information received after the close of a comment 
                period if the information satisfies the requirements 
                for a supplemental environmental impact statement under 
                title 40, Code of Federal Regulations (including 
                successor regulations).
                    (B) Separate action.--The preparation of a 
                supplemental environmental impact statement or other 
                environmental document, if required under this section, 
                shall be considered a separate final agency action and 
                the deadline for filing a claim for judicial review of 
                the action shall be 3 years after the date of 
                publication of a notice in the Federal Register 
                announcing the action relating to such supplemental 
                environmental impact statement or other environmental 
                document.
    (m) Categorical Exclusions.--
            (1) In general.--Not later than 180 days after the date of 
        enactment of this Act, the Secretary shall--
                    (A) survey the use by the Bureau of Reclamation of 
                categorical exclusions in projects since 2005;
                    (B) publish a review of the survey that includes a 
                description of--
                            (i) the types of actions that were 
                        categorically excluded or could be the basis 
                        for developing a new categorical exclusion; and
                            (ii) any requests previously received by 
                        the Secretary for new categorical exclusions; 
                        and
                    (C) solicit requests from other Federal agencies 
                and project sponsors for new categorical exclusions.
            (2) New categorical exclusions.--Not later than 1 year 
        after the date of enactment of this Act, if the Secretary has 
        identified a category of activities that merit establishing a 
        categorical exclusion that did not exist on the day before the 
        date of enactment this Act based on the review under paragraph 
        (1), the Secretary shall publish a notice of proposed 
        rulemaking to propose that new categorical exclusion, to the 
        extent that the categorical exclusion meets the criteria for a 
        categorical exclusion under section 1508.4 of title 40, Code of 
        Federal Regulations (or successor regulation).
    (n) Review of Project Acceleration Reforms.--
            (1) In general.--The Comptroller General of the United 
        States shall--
                    (A) assess the reforms carried out under this 
                section; and
                    (B) not later than 5 years and not later than 10 
                years after the date of enactment of this Act, submit 
                to the Committee on Natural Resources of the House of 
                Representatives and the Committee on Energy and Natural 
                Resources of the Senate a report that describes the 
                results of the assessment.
            (2) Contents.--The reports under paragraph (1) shall 
        include an evaluation of impacts of the reforms carried out 
        under this section on--
                    (A) project delivery;
                    (B) compliance with environmental laws; and
                    (C) the environmental impact of projects.
    (o) Performance Measurement.--The Secretary shall establish a 
program to measure and report on progress made toward improving and 
expediting the planning and environmental review process.
    (p) Categorical Exclusions in Emergencies.--For the repair, 
reconstruction, or rehabilitation of a Bureau of Reclamation surface 
water storage project that is in operation or under construction when 
damaged by an event or incident that results in a declaration by the 
President of a major disaster or emergency pursuant to the Robert T. 
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 
et seq.), the Secretary shall treat such repair, reconstruction, or 
rehabilitation activity as a class of action categorically excluded 
from the requirements relating to environmental assessments or 
environmental impact statements under section 1508.4 of title 40, Code 
of Federal Regulations (or successor regulations), if the repair or 
reconstruction activity is--
            (1) in the same location with the same capacity, 
        dimensions, and design as the original Bureau of Reclamation 
        surface water storage project as before the declaration 
        described in this section; and
            (2) commenced within a 2-year period beginning on the date 
        of a declaration described in this subsection.

SEC. 1106. ANNUAL REPORT TO CONGRESS.

    (a) In General.--Not later than February 1 of each year, the 
Secretary shall develop and submit to the Committee on Natural 
Resources of the House of Representatives and the Committee on Energy 
and Natural Resources of the Senate an annual report, to be entitled 
``Report to Congress on Future Water Project Development'', that 
identifies the following:
            (1) Project reports.--Each project report that meets the 
        criteria established in subsection (c)(1)(A).
            (2) Proposed project studies.--Any proposed project study 
        submitted to the Secretary by a non-Federal interest pursuant 
        to subsection (b) that meets the criteria established in 
        subsection (c)(1)(A).
            (3) Proposed modifications.--Any proposed modification to 
        an authorized water project or project study that meets the 
        criteria established in subsection (c)(1)(A) that--
                    (A) is submitted to the Secretary by a non-Federal 
                interest pursuant to subsection (b); or
                    (B) is identified by the Secretary for 
                authorization.
            (4) Expedited completion of report and determinations.--Any 
        project study that was expedited and any Secretarial 
        determinations under section 1104.
    (b) Requests for Proposals.--
            (1) Publication.--Not later than May 1 of each year, the 
        Secretary shall publish in the Federal Register a notice 
        requesting proposals from non-Federal interests for proposed 
        project studies and proposed modifications to authorized 
        projects and project studies to be included in the annual 
        report.
            (2) Deadline for requests.--The Secretary shall include in 
        each notice required by this subsection a requirement that non-
        Federal interests submit to the Secretary any proposals 
        described in paragraph (1) by not later than 120 days after the 
        date of publication of the notice in the Federal Register in 
        order for the proposals to be considered for inclusion in the 
        annual report.
            (3) Notification.--On the date of publication of each 
        notice required by this subsection, the Secretary shall--
                    (A) make the notice publicly available, including 
                on the Internet; and
                    (B) provide written notification of the publication 
                to the Committee on Natural Resources of the House of 
                Representatives and the Committee on Energy and Natural 
                Resources of the Senate.
    (c) Contents.--
            (1) Project reports, proposed project studies, and proposed 
        modifications.--
                    (A) Criteria for inclusion in report.--The 
                Secretary shall include in the annual report only those 
                project reports, proposed project studies, and proposed 
                modifications to authorized projects and project 
                studies that--
                            (i) are related to the missions and 
                        authorities of the Bureau of Reclamation;
                            (ii) require specific congressional 
                        authorization, including by an Act of Congress;
                            (iii) have not been congressionally 
                        authorized;
                            (iv) have not been included in any previous 
                        annual report; and
                            (v) if authorized, could be carried out by 
                        the Bureau of Reclamation.
                    (B) Description of benefits.--
                            (i) Description.--The Secretary shall 
                        describe in the annual report, to the extent 
                        applicable and practicable, for each proposed 
                        project study and proposed modification to an 
                        authorized water resources development project 
                        or project study included in the annual report, 
                        the benefits, as described in clause (ii), of 
                        each such study or proposed modification.
                            (ii) Benefits.--The benefits (or expected 
                        benefits, in the case of a proposed project 
                        study) described in this clause are benefits 
                        to--
                                    (I) the protection of human life 
                                and property;
                                    (II) improvement to domestic 
                                irrigated water and power supplies;
                                    (III) the national economy;
                                    (IV) the environment; or
                                    (V) the national security interests 
                                of the United States.
                    (C) Identification of other factors.--The Secretary 
                shall identify in the annual report, to the extent 
                practicable--
                            (i) for each proposed project study 
                        included in the annual report, the non-Federal 
                        interest that submitted the proposed project 
                        study pursuant to subsection (b); and
                            (ii) for each proposed project study and 
                        proposed modification to a project or project 
                        study included in the annual report, whether 
                        the non-Federal interest has demonstrated--
                                    (I) that local support exists for 
                                the proposed project study or proposed 
                                modification to an authorized project 
                                or project study (including the surface 
                                water storage development project that 
                                is the subject of the proposed 
                                feasibility study or the proposed 
                                modification to an authorized project 
                                study); and
                                    (II) the financial ability to 
                                provide the required non-Federal cost 
                                share.
            (2) Transparency.--The Secretary shall include in the 
        annual report, for each project report, proposed project study, 
        and proposed modification to a project or project study 
        included under paragraph (1)(A)--
                    (A) the name of the associated non-Federal 
                interest, including the name of any non-Federal 
                interest that has contributed, or is expected to 
                contribute, a non-Federal share of the cost of--
                            (i) the project report;
                            (ii) the proposed project study;
                            (iii) the authorized project study for 
                        which the modification is proposed; or
                            (iv) construction of--
                                    (I) the project that is the subject 
                                of--
                                            (aa) the water report;
                                            (bb) the proposed project 
                                        study; or
                                            (cc) the authorized project 
                                        study for which a modification 
                                        is proposed; or
                                    (II) the proposed modification to a 
                                project;
                    (B) a letter or statement of support for the water 
                report, proposed project study, or proposed 
                modification to a project or project study from each 
                associated non-Federal interest;
                    (C) the purpose of the feasibility report, proposed 
                feasibility study, or proposed modification to a 
                project or project study;
                    (D) an estimate, to the extent practicable, of the 
                Federal, non-Federal, and total costs of--
                            (i) the proposed modification to an 
                        authorized project study; and
                            (ii) construction of--
                                    (I) the project that is the subject 
                                of--
                                            (aa) the project report; or
                                            (bb) the authorized project 
                                        study for which a modification 
                                        is proposed, with respect to 
                                        the change in costs resulting 
                                        from such modification; or
                                    (II) the proposed modification to 
                                an authorized project; and
                    (E) an estimate, to the extent practicable, of the 
                monetary and nonmonetary benefits of--
                            (i) the project that is the subject of--
                                    (I) the project report; or
                                    (II) the authorized project study 
                                for which a modification is proposed, 
                                with respect to the benefits of such 
                                modification; or
                            (ii) the proposed modification to an 
                        authorized project.
            (3) Certification.--The Secretary shall include in the 
        annual report a certification stating that each feasibility 
        report, proposed feasibility study, and proposed modification 
        to a project or project study included in the annual report 
        meets the criteria established in paragraph (1)(A).
            (4) Appendix.--The Secretary shall include in the annual 
        report an appendix listing the proposals submitted under 
        subsection (b) that were not included in the annual report 
        under paragraph (1)(A) and a description of why the Secretary 
        determined that those proposals did not meet the criteria for 
        inclusion under such paragraph.
    (d) Special Rule for Initial Annual Report.--Notwithstanding any 
other deadlines required by this section, the Secretary shall--
            (1) not later than 60 days after the date of enactment of 
        this Act, publish in the Federal Register a notice required by 
        subsection (b)(1); and
            (2) include in such notice a requirement that non-Federal 
        interests submit to the Secretary any proposals described in 
        subsection (b)(1) by not later than 120 days after the date of 
        publication of such notice in the Federal Register in order for 
        such proposals to be considered for inclusion in the first 
        annual report developed by the Secretary under this section.
    (e) Publication.--Upon submission of an annual report to Congress, 
the Secretary shall make the annual report publicly available, 
including through publication on the Internet.
    (f) Definition.--In this section, the term ``project report'' means 
a final feasibility report developed under the Reclamation Act of 1902 
(32 Stat. 388), and all Acts amendatory thereof or supplementary 
thereto.

 Subtitle I--Accelerated Revenue, Repayment, and Surface Water Storage 
                              Enhancement

SEC. 1111. SHORT TITLE.

    This subtitle may be cited as the ``Accelerated Revenue, Repayment, 
and Surface Water Storage Enhancement Act''.

SEC. 1112. PREPAYMENT OF CERTAIN REPAYMENT CONTRACTS BETWEEN THE UNITED 
              STATES AND CONTRACTORS OF FEDERALLY DEVELOPED WATER 
              SUPPLIES.

    (a) Conversion and Prepayment of Contracts.--
            (1) Conversion.--Upon request of the contractor, the 
        Secretary of the Interior shall convert any water service 
        contract in effect on the date of enactment of this Act and 
        between the United States and a water users' association to 
        allow for prepayment of the repayment contract pursuant to 
        paragraph (2) under mutually agreeable terms and conditions. 
        The manner of conversion under this paragraph shall be as 
        follows:
                    (A) Water service contracts that were entered into 
                under section 9(e) of the Act of August 4, 1939 (53 
                Stat. 1196), to be converted under this section shall 
                be converted to repayment contracts under section 9(d) 
                of that Act (53 Stat. 1195).
                    (B) Water service contracts that were entered under 
                subsection (c)(2) of section 9 of the Act of August 4, 
                1939 (53 Stat. 1194), to be converted under this 
                section shall be converted to a contract under 
                subsection (c)(1) of section 9 of that Act (53 Stat. 
                1195).
            (2) Prepayment.--Except for those repayment contracts under 
        which the contractor has previously negotiated for prepayment, 
        all repayment contracts under section 9(d) of that Act (53 
        Stat. 1195) in effect on the date of enactment of this Act at 
        the request of the contractor, and all contracts converted 
        pursuant to paragraph (1)(A) shall--
                    (A) provide for the repayment, either in lump sum 
                or by accelerated prepayment, of the remaining 
                construction costs identified in water project specific 
                irrigation rate repayment schedules, as adjusted to 
                reflect payment not reflected in such schedule, and 
                properly assignable for ultimate return by the 
                contractor, or if made in approximately equal 
                installments, no later than 3 years after the effective 
                date of the repayment contract, such amount to be 
                discounted by \1/2\ the Treasury rate. An estimate of 
                the remaining construction costs, as adjusted, shall be 
                provided by the Secretary to the contractor no later 
                than 90 days following receipt of request of the 
                contractor;
                    (B) require that construction costs or other 
                capitalized costs incurred after the effective date of 
                the contract or not reflected in the rate schedule 
                referenced in subparagraph (A), and properly assignable 
                to such contractor shall be repaid in not more than 5 
                years after notification of the allocation if such 
                amount is a result of a collective annual allocation of 
                capital costs to the contractors exercising contract 
                conversation under this subsection of less than 
                $5,000,000. If such amount is $5,000,000 or greater, 
                such cost shall be repaid as provided by applicable 
                reclamation law;
                    (C) provide that power revenues will not be 
                available to aid in repayment of construction costs 
                allocated to irrigation under the contract; and
                    (D) continue so long as the contractor pays 
                applicable charges, consistent with section 9(d) of the 
                Act of August 4, 1939 (53 Stat. 1195), and applicable 
                law.
            (3) Contract requirements.--Except for those repayment 
        contracts under which the contractor has previously negotiated 
        for prepayment, the following shall apply with regard to all 
        repayment contracts under subsection (c)(1) of section 9 of 
        that Act (53 Stat. 1195) in effect on the date of enactment of 
        this Act at the request of the contractor, and all contracts 
        converted pursuant to paragraph (1)(B):
                    (A) Provide for the repayment in lump sum of the 
                remaining construction costs identified in water 
                project specific municipal and industrial rate 
                repayment schedules, as adjusted to reflect payments 
                not reflected in such schedule, and properly assignable 
                for ultimate return by the contractor. An estimate of 
                the remaining construction costs, as adjusted, shall be 
                provided by the Secretary to the contractor no later 
                than 90 days after receipt of request of contractor.
                    (B) The contract shall require that construction 
                costs or other capitalized costs incurred after the 
                effective date of the contract or not reflected in the 
                rate schedule referenced in subparagraph (A), and 
                properly assignable to such contractor, shall be repaid 
                in not more than 5 years after notification of the 
                allocation if such amount is a result of a collective 
                annual allocation of capital costs to the contractors 
                exercising contract conversation under this subsection 
                of less than $5,000,000. If such amount is $5,000,000 
                or greater, such cost shall be repaid as provided by 
                applicable reclamation law.
                    (C) Continue so long as the contractor pays 
                applicable charges, consistent with section 9(c)(1) of 
                the Act of August 4, 1939 (53 Stat. 1195), and 
                applicable law.
            (4) Conditions.--All contracts entered into pursuant to 
        paragraphs (1), (2), and (3) shall--
                    (A) not be adjusted on the basis of the type of 
                prepayment financing used by the water users' 
                association;
                    (B) conform to any other agreements, such as 
                applicable settlement agreements and new constructed 
                appurtenant facilities; and
                    (C) not modify other water service, repayment, 
                exchange and transfer contractual rights between the 
                water users' association, and the Bureau of 
                Reclamation, or any rights, obligations, or 
                relationships of the water users' association and their 
                landowners as provided under State law.
    (b) Accounting.--The amounts paid pursuant to subsection (a) shall 
be subject to adjustment following a final cost allocation by the 
Secretary of the Interior. In the event that the final cost allocation 
indicates that the costs properly assignable to the contractor are 
greater than what has been paid by the contractor, the contractor shall 
be obligated to pay the remaining allocated costs. The term of such 
additional repayment contract shall be not less than one year and not 
more than 10 years, however, mutually agreeable provisions regarding 
the rate of repayment of such amount may be developed by the parties. 
In the event that the final cost allocation indicates that the costs 
properly assignable to the contractor are less than what the contractor 
has paid, the Secretary shall credit such overpayment as an offset 
against any outstanding or future obligation of the contractor.
    (c) Applicability of Certain Provisions.--
            (1) Effect of existing law.--Upon a contractor's compliance 
        with and discharge of the obligation of repayment of the 
        construction costs pursuant to a contract entered into pursuant 
        to subsection (a)(2)(A), subsections (a) and (b) of section 213 
        of the Reclamation Reform Act of 1982 (96 Stat. 1269) shall 
        apply to affected lands.
            (2) Effect of other obligations.--The obligation of a 
        contractor to repay construction costs or other capitalized 
        costs described in subsection (a)(2)(B), (a)(3)(B), or (b) 
        shall not affect a contractor's status as having repaid all of 
        the construction costs assignable to the contractor or the 
        applicability of subsections (a) and (b) of section 213 of the 
        Reclamation Reform Act of 1982 (96 Stat. 1269) once the amount 
        required to be paid by the contractor under the repayment 
        contract entered into pursuant to subsection (a)(2)(A) have 
        been paid.
    (d) Effect on Existing Law Not Altered.--Implementation of the 
provisions of this subtitle shall not alter--
            (1) the repayment obligation of any water service or 
        repayment contractor receiving water from the same water 
        project, or shift any costs that would otherwise have been 
        properly assignable to the water users' association identified 
        in subsections (a)(1), (a)(2), and (a)(3) absent this section, 
        including operation and maintenance costs, construction costs, 
        or other capitalized costs incurred after the date of the 
        enactment of this Act, or to other contractors; and
            (2) specific requirements for the disposition of amounts 
        received as repayments by the Secretary under the Act of June 
        17, 1902 (32 Stat. 388, chapter 1093), and Acts supplemental to 
        and amendatory of that Act (43 U.S.C. 371 et seq.).
    (e) Surface Water Storage Enhancement Program.--
            (1) In general.--Except as provided in subsection (d)(2), 
        three years following the date of enactment of this Act, 50 
        percent of receipts generated from prepayment of contracts 
        under this section beyond amounts necessary to cover the amount 
        of receipts forgone from scheduled payments under current law 
        for the 10-year period following the date of enactment of this 
        Act shall be directed to the Reclamation Surface Water Storage 
        Account under paragraph (2).
            (2) Surface storage account.--The Secretary shall allocate 
        amounts collected under paragraph (1) into the ``Reclamation 
        Surface Storage Account'' to fund the construction of surface 
        water storage. The Secretary may also enter into cooperative 
        agreements with water users' associations for the construction 
        of surface water storage and amounts within the Surface Storage 
        Account may be used to fund such construction. Surface water 
        storage projects that are otherwise not federally authorized 
        shall not be considered Federal facilities as a result of any 
        amounts allocated from the Surface Storage Account for part or 
        all of such facilities.
            (3) Repayment.--Amounts used for surface water storage 
        construction from the Account shall be fully reimbursed to the 
        Account consistent with the requirements under Federal 
        reclamation law (the law (the Act of June 17, 1902 (32 Stat. 
        388, chapter 1093))), and Acts supplemental to and amendatory 
        of that Act (43 U.S.C. 371 et seq.) except that all funds 
        reimbursed shall be deposited in the Account established under 
        paragraph (2).
            (4) Availability of amounts.--Amounts deposited in the 
        Account under this subsection shall--
                    (A) be made available in accordance with this 
                section, subject to appropriation; and
                    (B) be in addition to amounts appropriated for such 
                purposes under any other provision of law.
            (5) Purposes of surface water storage.--Construction of 
        surface water storage under this section shall be made for the 
        following purposes:
                    (A) Increased municipal and industrial water 
                supply.
                    (B) Agricultural floodwater, erosion, and 
                sedimentation reduction.
                    (C) Agricultural drainage improvements.
                    (D) Agricultural irrigation.
                    (E) Increased recreation opportunities.
                    (F) Reduced adverse impacts to fish and wildlife 
                from water storage or diversion projects within 
                watersheds associated with water storage projects 
                funded under this section.
                    (G) Any other purposes consistent with reclamation 
                laws or other Federal law.
    (f) Definitions.--For the purposes of this subtitle, the following 
definitions apply:
            (1) Account.--The term ``Account'' means the Reclamation 
        Surface Water Storage Account established under subsection 
        (e)(2).
            (2) Construction.--The term ``construction'' means the 
        designing, materials engineering and testing, surveying, and 
        building of surface water storage including additions to 
        existing surface water storage and construction of new surface 
        water storage facilities, exclusive of any Federal statutory or 
        regulatory obligations relating to any permit, review, 
        approval, or other such requirement.
            (3) Surface water storage.--The term ``surface water 
        storage'' means any federally owned facility under the 
        jurisdiction of the Bureau of Reclamation or any non-Federal 
        facility used for the surface storage and supply of water 
        resources.
            (4) Treasury rate.--The term ``Treasury rate'' means the 
        20-year Constant Maturity Treasury (CMT) rate published by the 
        United States Department of the Treasury existing on the 
        effective date of the contract.
            (5) Water users' association.--The term ``water users' 
        association'' means--
                    (A) an entity organized and recognized under State 
                laws that is eligible to enter into contracts with 
                reclamation to receive contract water for delivery to 
                and users of the water and to pay applicable charges; 
                and
                    (B) includes a variety of entities with different 
                names and differing functions, such as associations, 
                conservatory district, irrigation district, 
                municipality, and water project contract unit.

                       Subtitle J--Safety of Dams

SEC. 1121. AUTHORIZATION OF ADDITIONAL PROJECT BENEFITS.

    The Reclamation Safety of Dams Act of 1978 is amended--
            (1) in section 3, by striking ``Construction'' and 
        inserting ``Except as provided in section 5B, construction''; 
        and
            (2) by inserting after section 5A (43 U.S.C. 509) the 
        following:

``SEC. 5B. AUTHORIZATION OF ADDITIONAL PROJECT BENEFITS.

    ``Notwithstanding section 3, if the Secretary determines that 
additional project benefits, including but not limited to additional 
conservation storage capacity, are feasible and not inconsistent with 
the purposes of this Act, the Secretary is authorized to develop 
additional project benefits through the construction of new or 
supplementary works on a project in conjunction with the Secretary's 
activities under section 2 of this Act and subject to the conditions 
described in the feasibility study, provided--
            ``(1) the Secretary determines that developing additional 
        project benefits through the construction of new or 
        supplementary works on a project will promote more efficient 
        management of water and water-related facilities;
            ``(2) the feasibility study pertaining to additional 
        project benefits has been authorized pursuant to section 8 of 
        the Federal Water Project Recreation Act of 1965 (16 U.S.C. 
        4601-18); and
            ``(3) the costs associated with developing the additional 
        project benefits are agreed to in writing between the Secretary 
        and project proponents and shall be allocated to the authorized 
        purposes of the structure and repaid consistent with all 
        provisions of Federal Reclamation law (the Act of June 17, 
        1902, 43 U.S.C. 371 et seq.) and Acts supplemental to and 
        amendatory of that Act.''.

                  Subtitle K--Water Rights Protection

SEC. 1131. SHORT TITLE.

    This subtitle may be cited as the ``Water Rights Protection Act''.

SEC. 1132. DEFINITION OF WATER RIGHT.

    In this subtitle, the term ``water right'' means any surface or 
groundwater right filed, permitted, certified, confirmed, decreed, 
adjudicated, or otherwise recognized by a judicial proceeding or by the 
State in which the user acquires possession of the water or puts the 
water to beneficial use, including water rights for federally 
recognized Indian tribes.

SEC. 1133. TREATMENT OF WATER RIGHTS.

    The Secretary of the Interior and the Secretary of Agriculture 
shall not--
            (1) condition or withhold, in whole or in part, the 
        issuance, renewal, amendment, or extension of any permit, 
        approval, license, lease, allotment, easement, right-of-way, or 
        other land use or occupancy agreement on--
                    (A) limitation or encumbrance of any water right, 
                or the transfer of any water right (including joint and 
                sole ownership), directly or indirectly to the United 
                States or any other designee; or
                    (B) any other impairment of any water right, in 
                whole or in part, granted or otherwise recognized under 
                State law, by Federal or State adjudication, decree, or 
                other judgment, or pursuant to any interstate water 
                compact;
            (2) require any water user (including any federally 
        recognized Indian tribe) to apply for or acquire a water right 
        in the name of the United States under State law as a condition 
        of the issuance, renewal, amendment, or extension of any 
        permit, approval, license, lease, allotment, easement, right-
        of-way, or other land use or occupancy agreement;
            (3) assert jurisdiction over groundwater withdrawals or 
        impacts on groundwater resources, unless jurisdiction is 
        asserted, and any regulatory or policy actions taken pursuant 
        to such assertion are, consistent with, and impose no greater 
        restrictions or regulatory requirements than, applicable State 
        laws (including regulations) and policies governing the 
        protection and use of groundwater resources; or
            (4) infringe on the rights and obligations of a State in 
        evaluating, allocating, and adjudicating the waters of the 
        State originating on or under, or flowing from, land owned or 
        managed by the Federal Government.

SEC. 1134. RECOGNITION OF STATE AUTHORITY.

    (a) In General.--In carrying out section 1133, the Secretary of the 
Interior and the Secretary of Agriculture shall--
            (1) recognize the longstanding authority of the States 
        relating to evaluating, protecting, allocating, regulating, and 
        adjudicating groundwater by any means, including a rulemaking, 
        permitting, directive, water court adjudication, resource 
        management planning, regional authority, or other policy; and
            (2) coordinate with the States in the adoption and 
        implementation by the Secretary of the Interior or the 
        Secretary of Agriculture of any rulemaking, policy, directive, 
        management plan, or other similar Federal action so as to 
        ensure that such actions are consistent with, and impose no 
        greater restrictions or regulatory requirements than, State 
        groundwater laws and programs.
    (b) Effect on State Water Rights.--In carrying out this subtitle, 
the Secretary of the Interior and the Secretary of Agriculture shall 
not take any action that adversely affects--
            (1) any water rights granted by a State;
            (2) the authority of a State in adjudicating water rights;
            (3) definitions established by a State with respect to the 
        term ``beneficial use'', ``priority of water rights'', or 
        ``terms of use'';
            (4) terms and conditions of groundwater withdrawal, 
        guidance and reporting procedures, and conservation and source 
        protection measures established by a State;
            (5) the use of groundwater in accordance with State law; or
            (6) any other rights and obligations of a State established 
        under State law.

SEC. 1135. EFFECT OF TITLE.

    (a) Effect on Existing Authority.--Nothing in this subtitle limits 
or expands any existing legally recognized authority of the Secretary 
of the Interior or the Secretary of Agriculture to issue, grant, or 
condition any permit, approval, license, lease, allotment, easement, 
right-of-way, or other land use or occupancy agreement on Federal land 
subject to the jurisdiction of the Secretary of the Interior or the 
Secretary of Agriculture, respectively.
    (b) Effect on Reclamation Contracts.--Nothing in this subtitle 
interferes with Bureau of Reclamation contracts entered into pursuant 
to the reclamation laws.
    (c) Effect on Endangered Species Act.--Nothing in this subtitle 
affects the implementation of the Endangered Species Act of 1973 (16 
U.S.C. 1531 et seq.).
    (d) Effect on Federal Reserved Water Rights.--Nothing in this 
subtitle limits or expands any existing or claimed reserved water 
rights of the Federal Government on land administered by the Secretary 
of the Interior or the Secretary of Agriculture.
    (e) Effect on Federal Power Act.--Nothing in this subtitle limits 
or expands authorities under sections 4(e), 10(j), or 18 of the Federal 
Power Act (16 U.S.C. 797(e), 803(j), 811).
    (f) Effect on Indian Water Rights.--Nothing in this subtitle limits 
or expands any water right or treaty right of any federally recognized 
Indian tribe.

    TITLE II--SPORTSMEN'S HERITAGE AND RECREATIONAL ENHANCEMENT ACT

SEC. 2001. SHORT TITLE.

    This title may be cited as the ``Sportsmen's Heritage and 
Recreational Enhancement Act'' or the ``SHARE Act''.

SEC. 2002. REPORT ON ECONOMIC IMPACT.

    Not later than 12 months after the date of the enactment of this 
Act, the Secretary of Interior shall submit a report to Congress that 
assesses expected economic impacts of the Act. Such report shall 
include--
            (1) a review of any expected increases in recreational 
        hunting, fishing, shooting, and conservation activities;
            (2) an estimate of any jobs created in each industry 
        expected to support such activities described in paragraph (1), 
        including in the supply, manufacturing, distribution, and 
        retail sectors;
            (3) an estimate of wages related to jobs described in 
        paragraph (2); and
            (4) an estimate of anticipated new local, State, and 
        Federal revenue related to jobs described in paragraph (2).

 Subtitle A--Hunting, Fishing and Recreational Shooting Protection Act

SEC. 2011. SHORT TITLE.

    This subtitle may be cited as the ``Hunting, Fishing, and 
Recreational Shooting Protection Act''.

SEC. 2012. MODIFICATION OF DEFINITION.

    Section 3(2)(B) of the Toxic Substances Control Act (15 U.S.C. 
2602(2)(B)) is amended--
            (1) in clause (v), by striking ``, and'' and inserting ``, 
        or any component of any such article including, without 
        limitation, shot, bullets and other projectiles, propellants, 
        and primers,'';
            (2) in clause (vi) by striking the period at the end and 
        inserting ``, and''; and
            (3) by inserting after clause (vi) the following:
            ``(vii) any sport fishing equipment (as such term is 
        defined in subsection (a) of section 4162 of the Internal 
        Revenue Code of 1986) the sale of which is subject to the tax 
        imposed by section 4161(a) of such Code (determined without 
        regard to any exemptions from such tax as provided by section 
        4162 or 4221 or any other provision of such Code), and sport 
        fishing equipment components.''.

SEC. 2013. LIMITATION ON AUTHORITY TO REGULATE AMMUNITION AND FISHING 
              TACKLE.

    (a) Limitation.--Except as provided in section 20.21 of title 50, 
Code of Federal Regulations, as in effect on the date of the enactment 
of this Act, or any substantially similar successor regulation thereto, 
the Secretary of the Interior, the Secretary of Agriculture, and, 
except as provided by subsection (b), any bureau, service, or office of 
the Department of the Interior or the Department of Agriculture, may 
not regulate the use of ammunition cartridges, ammunition components, 
or fishing tackle based on the lead content thereof if such use is in 
compliance with the law of the State in which the use occurs.
    (b) Exception.--The limitation in subsection (a) shall not apply to 
the United States Fish and Wildlife Service or the National Park 
Service.

   Subtitle B--Target Practice and Marksmanship Training Support Act

SEC. 2021. SHORT TITLE.

    This subtitle may be cited as the ``Target Practice and 
Marksmanship Training Support Act''.

SEC. 2022. FINDINGS; PURPOSE.

    (a) Findings.--Congress finds that--
            (1) the use of firearms and archery equipment for target 
        practice and marksmanship training activities on Federal land 
        is allowed, except to the extent specific portions of that land 
        have been closed to those activities;
            (2) in recent years preceding the date of enactment of this 
        Act, portions of Federal land have been closed to target 
        practice and marksmanship training for many reasons;
            (3) the availability of public target ranges on non-Federal 
        land has been declining for a variety of reasons, including 
        continued population growth and development near former ranges;
            (4) providing opportunities for target practice and 
        marksmanship training at public target ranges on Federal and 
        non-Federal land can help--
                    (A) to promote enjoyment of shooting, recreational, 
                and hunting activities; and
                    (B) to ensure safe and convenient locations for 
                those activities;
            (5) Federal law in effect on the date of enactment of this 
        Act, including the Pittman-Robertson Wildlife Restoration Act 
        (16 U.S.C. 669 et seq.), provides Federal support for 
        construction and expansion of public target ranges by making 
        available to States amounts that may be used for construction, 
        operation, and maintenance of public target ranges; and
            (6) it is in the public interest to provide increased 
        Federal support to facilitate the construction or expansion of 
        public target ranges.
    (b) Purpose.--The purpose of this subtitle is to facilitate the 
construction and expansion of public target ranges, including ranges on 
Federal land managed by the Forest Service and the Bureau of Land 
Management.

SEC. 2023. DEFINITION OF PUBLIC TARGET RANGE.

    In this subtitle, the term ``public target range'' means a specific 
location that--
            (1) is identified by a governmental agency for recreational 
        shooting;
            (2) is open to the public;
            (3) may be supervised; and
            (4) may accommodate archery or rifle, pistol, or shotgun 
        shooting.

SEC. 2024. AMENDMENTS TO PITTMAN-ROBERTSON WILDLIFE RESTORATION ACT.

    (a) Definitions.--Section 2 of the Pittman-Robertson Wildlife 
Restoration Act (16 U.S.C. 669a) is amended--
            (1) by redesignating paragraphs (2) through (8) as 
        paragraphs (3) through (9), respectively; and
            (2) by inserting after paragraph (1) the following:
            ``(2) the term `public target range' means a specific 
        location that--
                    ``(A) is identified by a governmental agency for 
                recreational shooting;
                    ``(B) is open to the public;
                    ``(C) may be supervised; and
                    ``(D) may accommodate archery or rifle, pistol, or 
                shotgun shooting;''.
    (b) Expenditures for Management of Wildlife Areas and Resources.--
Section 8(b) of the Pittman-Robertson Wildlife Restoration Act (16 
U.S.C. 669g(b)) is amended--
            (1) by striking ``(b) Each State'' and inserting the 
        following:
    ``(b) Expenditures for Management of Wildlife Areas and 
Resources.--
            ``(1) In general.--Except as provided in paragraph (2), 
        each State'';
            (2) in paragraph (1) (as so designated), by striking 
        ``construction, operation,'' and inserting ``operation'';
            (3) in the second sentence, by striking ``The non-Federal 
        share'' and inserting the following:
            ``(3) Non-federal share.--The non-Federal share'';
            (4) in the third sentence, by striking ``The Secretary'' 
        and inserting the following:
            ``(4) Regulations.--The Secretary''; and
            (5) by inserting after paragraph (1) (as designated by 
        paragraph (1) of this subsection) the following:
            ``(2) Exception.--Notwithstanding the limitation described 
        in paragraph (1), a State may pay up to 90 percent of the cost 
        of acquiring land for, expanding, or constructing a public 
        target range.''.
    (c) Firearm and Bow Hunter Education and Safety Program Grants.--
Section 10 of the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 
669h-1) is amended--
            (1) in subsection (a), by adding at the end the following:
            ``(3) Allocation of additional amounts.--Of the amount 
        apportioned to a State for any fiscal year under section 4(b), 
        the State may elect to allocate not more than 10 percent, to be 
        combined with the amount apportioned to the State under 
        paragraph (1) for that fiscal year, for acquiring land for, 
        expanding, or constructing a public target range.'';
            (2) by striking subsection (b) and inserting the following:
    ``(b) Cost Sharing.--
            ``(1) In general.--Except as provided in paragraph (2), the 
        Federal share of the cost of any activity carried out using a 
        grant under this section shall not exceed 75 percent of the 
        total cost of the activity.
            ``(2) Public target range construction or expansion.--The 
        Federal share of the cost of acquiring land for, expanding, or 
        constructing a public target range in a State on Federal or 
        non-Federal land pursuant to this section or section 8(b) shall 
        not exceed 90 percent of the cost of the activity.''; and
            (3) in subsection (c)(1)--
                    (A) by striking ``Amounts made'' and inserting the 
                following:
                    ``(A) In general.--Except as provided in 
                subparagraph (B), amounts made''; and
                    (B) by adding at the end the following:
                    ``(B) Exception.--Amounts provided for acquiring 
                land for, constructing, or expanding a public target 
                range shall remain available for expenditure and 
                obligation during the 5-fiscal-year period beginning on 
                October 1 of the first fiscal year for which the 
                amounts are made available.''.

SEC. 2025. LIMITS ON LIABILITY.

    (a) Discretionary Function.--For purposes of chapter 171 of title 
28, United States Code (commonly referred to as the ``Federal Tort 
Claims Act''), any action by an agent or employee of the United States 
to manage or allow the use of Federal land for purposes of target 
practice or marksmanship training by a member of the public shall be 
considered to be the exercise or performance of a discretionary 
function.
    (b) Civil Action or Claims.--Except to the extent provided in 
chapter 171 of title 28, United States Code, the United States shall 
not be subject to any civil action or claim for money damages for any 
injury to or loss of property, personal injury, or death caused by an 
activity occurring at a public target range that is--
            (1) funded in whole or in part by the Federal Government 
        pursuant to the Pittman-Robertson Wildlife Restoration Act (16 
        U.S.C. 669 et seq.); or
            (2) located on Federal land.

SEC. 2026. SENSE OF CONGRESS REGARDING COOPERATION.

    It is the sense of Congress that, consistent with applicable laws 
and regulations, the Chief of the Forest Service and the Director of 
the Bureau of Land Management should cooperate with State and local 
authorities and other entities to carry out waste removal and other 
activities on any Federal land used as a public target range to 
encourage continued use of that land for target practice or 
marksmanship training.

          Subtitle C--Polar Bear Conservation and Fairness Act

SEC. 2031. SHORT TITLE.

    This subtitle may be cited as the ``Polar Bear Conservation and 
Fairness Act''.

SEC. 2032. PERMITS FOR IMPORTATION OF POLAR BEAR TROPHIES TAKEN IN 
              SPORT HUNTS IN CANADA.

    Section 104(c)(5)(D) of the Marine Mammal Protection Act of 1972 
(16 U.S.C. 1374(c)(5)(D)) is amended to read as follows:
            ``(D)(i) The Secretary of the Interior shall, expeditiously 
        after the expiration of the applicable 30-day period under 
        subsection (d)(2), issue a permit for the importation of any 
        polar bear part (other than an internal organ) from a polar 
        bear taken in a sport hunt in Canada to any person--
                    ``(I) who submits, with the permit application, 
                proof that the polar bear was legally harvested by the 
                person before February 18, 1997; or
                    ``(II) who has submitted, in support of a permit 
                application submitted before May 15, 2008, proof that 
                the polar bear was legally harvested by the person 
                before May 15, 2008, from a polar bear population from 
                which a sport-hunted trophy could be imported before 
                that date in accordance with section 18.30(i) of title 
                50, Code of Federal Regulations.
            ``(ii) The Secretary shall issue permits under clause 
        (i)(I) without regard to subparagraphs (A) and (C)(ii) of this 
        paragraph, subsection (d)(3), and sections 101 and 102. 
        Sections 101(a)(3)(B) and 102(b)(3) shall not apply to the 
        importation of any polar bear part authorized by a permit 
        issued under clause (i)(I). This clause shall not apply to 
        polar bear parts that were imported before June 12, 1997.
            ``(iii) The Secretary shall issue permits under clause 
        (i)(II) without regard to subparagraph (C)(ii) of this 
        paragraph or subsection (d)(3). Sections 101(a)(3)(B) and 
        102(b)(3) shall not apply to the importation of any polar bear 
        part authorized by a permit issued under clause (i)(II). This 
        clause shall not apply to polar bear parts that were imported 
        before the date of enactment of the Polar Bear Conservation and 
        Fairness Act.''.

            Subtitle D--Recreational Lands Self-Defense Act

SEC. 2041. SHORT TITLE.

    This subtitle may be cited as the ``Recreational Lands Self-Defense 
Act''.

SEC. 2042. PROTECTING AMERICANS FROM VIOLENT CRIME.

    (a) Findings.--Congress finds the following:
            (1) The Second Amendment to the Constitution provides that 
        ``the right of the people to keep and bear Arms, shall not be 
        infringed''.
            (2) Section 327.13 of title 36, Code of Federal 
        Regulations, provides that, except in special circumstances, 
        ``possession of loaded firearms, ammunition, loaded projectile 
        firing devices, bows and arrows, crossbows, or other weapons is 
        prohibited'' at water resources development projects 
        administered by the Secretary of the Army.
            (3) The regulations described in paragraph (2) prevent 
        individuals complying with Federal and State laws from 
        exercising the second amendment rights of the individuals while 
        at such water resources development projects.
            (4) The Federal laws should make it clear that the second 
        amendment rights of an individual at a water resources 
        development project should not be infringed.
    (b) Protecting the Right of Individuals To Bear Arms at Water 
Resources Development Projects.--The Secretary of the Army shall not 
promulgate or enforce any regulation that prohibits an individual from 
possessing a firearm, including an assembled or functional firearm, at 
a water resources development project covered under section 327.0 of 
title 36, Code of Federal Regulations (as in effect on the date of 
enactment of this Act), if--
            (1) the individual is not otherwise prohibited by law from 
        possessing the firearm; and
            (2) the possession of the firearm is in compliance with the 
        law of the State in which the water resources development 
        project is located.

Subtitle E--Wildlife and Hunting Heritage Conservation Council Advisory 
                               Committee

SEC. 2051. WILDLIFE AND HUNTING HERITAGE CONSERVATION COUNCIL ADVISORY 
              COMMITTEE.

    The Fish and Wildlife Coordination Act (16 U.S.C. 661 et seq.) is 
amended by adding at the end the following:

``SEC. 10. WILDLIFE AND HUNTING HERITAGE CONSERVATION COUNCIL ADVISORY 
              COMMITTEE.

    ``(a) Establishment.--There is hereby established the Wildlife and 
Hunting Heritage Conservation Council Advisory Committee (in this 
section referred to as the `Advisory Committee') to advise the 
Secretaries of the Interior and Agriculture on wildlife and habitat 
conservation, hunting, and recreational shooting.
    ``(b) Continuance and Abolishment of Existing Wildlife and Hunting 
Heritage Conservation Council.--The Wildlife and Hunting Heritage 
Conservation Council established pursuant to section 441 of the Revised 
Statutes (43 U.S.C. 1457), section 2 of the Fish and Wildlife Act of 
1956 (16 U.S.C. 742a), and other Acts applicable to specific bureaus of 
the Department of the Interior--
            ``(1) shall continue until the date of the first meeting of 
        the Wildlife and Hunting Heritage Conservation Council 
        established by the amendment made by subsection (a); and
            ``(2) is hereby abolished effective on that date.
    ``(c) Duties of the Advisory Committee.--The Advisory Committee 
shall advise the Secretaries with regard to--
            ``(1) implementation of Executive Order No. 13443: 
        Facilitation of Hunting Heritage and Wildlife Conservation, 
        which directs Federal agencies `to facilitate the expansion and 
        enhancement of hunting opportunities and the management of game 
        species and their habitat';
            ``(2) policies or programs to conserve and restore 
        wetlands, agricultural lands, grasslands, forest, and rangeland 
        habitats;
            ``(3) policies or programs to promote opportunities and 
        access to hunting and shooting sports on Federal lands;
            ``(4) policies or programs to recruit and retain new 
        hunters and shooters;
            ``(5) policies or programs that increase public awareness 
        of the importance of wildlife conservation and the social and 
        economic benefits of recreational hunting and shooting; and
            ``(6) policies or programs that encourage coordination 
        among the public, the hunting and shooting sports community, 
        wildlife conservation groups, and States, tribes, and the 
        Federal Government.
    ``(d) Membership.--
            ``(1) Appointment.--
                    ``(A) In general.--The Advisory Committee shall 
                consist of no more than 16 discretionary members and 8 
                ex officio members.
                    ``(B) Ex officio members.--The ex officio members 
                are--
                            ``(i) the Director of the United States 
                        Fish and Wildlife Service or a designated 
                        representative of the Director;
                            ``(ii) the Director of the Bureau of Land 
                        Management or a designated representative of 
                        the Director;
                            ``(iii) the Director of the National Park 
                        Service or a designated representative of the 
                        Director;
                            ``(iv) the Chief of the Forest Service or a 
                        designated representative of the Chief;
                            ``(v) the Chief of the Natural Resources 
                        Conservation Service or a designated 
                        representative of the Chief;
                            ``(vi) the Administrator of the Farm 
                        Service Agency or a designated representative 
                        of the Administrator;
                            ``(vii) the Executive Director of the 
                        Association of Fish and Wildlife Agencies; and
                            ``(viii) the Administrator of the Small 
                        Business Administration or designated 
                        representative.
                    ``(C) Discretionary members.--The discretionary 
                members shall be appointed jointly by the Secretaries 
                from at least one of each of the following:
                            ``(i) State fish and wildlife agencies.
                            ``(ii) Game bird hunting organizations.
                            ``(iii) Wildlife conservation 
                        organizations.
                            ``(iv) Big game hunting organizations.
                            ``(v) Waterfowl hunting organizations.
                            ``(vi) The tourism, outfitter, or guiding 
                        industry.
                            ``(vii) The firearms or ammunition 
                        manufacturing industry.
                            ``(viii) The hunting or shooting equipment 
                        retail industry.
                            ``(ix) Tribal resource management 
                        organizations.
                            ``(x) The agriculture industry.
                            ``(xi) The ranching industry.
                            ``(xii) Women's hunting and fishing 
                        advocacy, outreach, or education organization.
                            ``(xiii) Minority hunting and fishing 
                        advocacy, outreach, or education organization.
                            ``(xiv) Veterans service organization.
                    ``(D) Eligibility.--Prior to the appointment of the 
                discretionary members, the Secretaries shall determine 
                that all individuals nominated for appointment to the 
                Advisory Committee, and the organization each 
                individual represents, actively support and promote 
                sustainable-use hunting, wildlife conservation, and 
                recreational shooting.
            ``(2) Terms.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), members of the Advisory Committee 
                shall be appointed for a term of 4 years. Members shall 
                not be appointed for more than 3 consecutive or 
                nonconsecutive terms.
                    ``(B) Terms of initial appointees.--As designated 
                by the Secretary at the time of appointment, of the 
                members first appointed--
                            ``(i) 6 members shall be appointed for a 
                        term of 4 years;
                            ``(ii) 5 members shall be appointed for a 
                        term of 3 years; and
                            ``(iii) 5 members shall be appointed for a 
                        term of 2 years.
            ``(3) Preservation of public advisory status.--No 
        individual may be appointed as a discretionary member of the 
        Advisory Committee while serving as an officer or employee of 
        the Federal Government.
            ``(4) Vacancy and removal.--
                    ``(A) In general.--Any vacancy on the Advisory 
                Committee shall be filled in the manner in which the 
                original appointment was made.
                    ``(B) Removal.--Advisory Committee members shall 
                serve at the discretion of the Secretaries and may be 
                removed at any time for good cause.
            ``(5) Continuation of service.--Each appointed member may 
        continue to serve after the expiration of the term of office to 
        which such member was appointed until a successor has been 
        appointed.
            ``(6) Chairperson.--The Chairperson of the Advisory 
        Committee shall be appointed for a 3-year term by the 
        Secretaries, jointly, from among the members of the Advisory 
        Committee. An individual may not be appointed as Chairperson 
        for more than 2 consecutive or nonconsecutive terms.
            ``(7) Pay and expenses.--Members of the Advisory Committee 
        shall serve without pay for such service, but each member of 
        the Advisory Committee may be reimbursed for travel and lodging 
        incurred through attending meetings of the Advisory Committee 
        approved subgroup meetings in the same amounts and under the 
        same conditions as Federal employees (in accordance with 
        section 5703 of title 5, United States Code).
            ``(8) Meetings.--
                    ``(A) In general.--The Advisory Committee shall 
                meet at the call of the Secretaries, the chairperson, 
                or a majority of the members, but not less frequently 
                than twice annually.
                    ``(B) Open meetings.--Each meeting of the Advisory 
                Committee shall be open to the public.
                    ``(C) Prior notice of meetings.--Timely notice of 
                each meeting of the Advisory Committee shall be 
                published in the Federal Register and be submitted to 
                trade publications and publications of general 
                circulation.
                    ``(D) Subgroups.--The Advisory Committee may 
                establish such workgroups or subgroups as it deems 
                necessary for the purpose of compiling information or 
                conducting research. However, such workgroups may not 
                conduct business without the direction of the Advisory 
                Committee and must report in full to the Advisory 
                Committee.
            ``(9) Quorum.--Nine members of the Advisory Committee shall 
        constitute a quorum.
    ``(e) Expenses.--The expenses of the Advisory Committee that the 
Secretaries determine to be reasonable and appropriate shall be paid by 
the Secretaries.
    ``(f) Administrative Support, Technical Services, and Advice.--A 
designated Federal Officer shall be jointly appointed by the 
Secretaries to provide to the Advisory Committee the administrative 
support, technical services, and advice that the Secretaries determine 
to be reasonable and appropriate.
    ``(g) Annual Report.--
            ``(1) Required.--Not later than September 30 of each year, 
        the Advisory Committee shall submit a report to the 
        Secretaries, the Committee on Natural Resources and the 
        Committee on Agriculture of the House of Representatives, and 
        the Committee on Energy and Natural Resources and the Committee 
        on Agriculture, Nutrition, and Forestry of the Senate. If 
        circumstances arise in which the Advisory Committee cannot meet 
        the September 30 deadline in any year, the Secretaries shall 
        advise the Chairpersons of each such Committee of the reasons 
        for such delay and the date on which the submission of the 
        report is anticipated.
            ``(2) Contents.--The report required by paragraph (1) shall 
        describe--
                    ``(A) the activities of the Advisory Committee 
                during the preceding year;
                    ``(B) the reports and recommendations made by the 
                Advisory Committee to the Secretaries during the 
                preceding year; and
                    ``(C) an accounting of actions taken by the 
                Secretaries as a result of the recommendations.
    ``(h) Federal Advisory Committee Act.--The Advisory Committee shall 
be exempt from the Federal Advisory Committee Act (5 U.S.C. App.).''.

Subtitle F--Recreational Fishing and Hunting Heritage Opportunities Act

SEC. 2061. SHORT TITLE.

    This subtitle may be cited as the ``Recreational Fishing and 
Hunting Heritage and Opportunities Act''.

SEC. 2062. FINDINGS.

    Congress finds that--
            (1) recreational fishing and hunting are important and 
        traditional activities in which millions of Americans 
        participate;
            (2) recreational anglers and hunters have been and continue 
        to be among the foremost supporters of sound fish and wildlife 
        management and conservation in the United States;
            (3) recreational fishing and hunting are environmentally 
        acceptable and beneficial activities that occur and can be 
        provided on Federal lands and waters without adverse effects on 
        other uses or users;
            (4) recreational anglers, hunters, and sporting 
        organizations provide direct assistance to fish and wildlife 
        managers and enforcement officers of the Federal Government as 
        well as State and local governments by investing volunteer time 
        and effort to fish and wildlife conservation;
            (5) recreational anglers, hunters, and the associated 
        industries have generated billions of dollars of critical 
        funding for fish and wildlife conservation, research, and 
        management by providing revenues from purchases of fishing and 
        hunting licenses, permits, and stamps, as well as excise taxes 
        on fishing, hunting, and recreational shooting equipment that 
        have generated billions of dollars of critical funding for fish 
        and wildlife conservation, research, and management;
            (6) recreational shooting is also an important and 
        traditional activity in which millions of Americans 
        participate;
            (7) safe recreational shooting is a valid use of Federal 
        lands, including the establishment of safe and convenient 
        recreational shooting ranges on such lands, and participation 
        in recreational shooting helps recruit and retain hunters and 
        contributes to wildlife conservation;
            (8) opportunities to recreationally fish, hunt, and shoot 
        are declining, which depresses participation in these 
        traditional activities, and depressed participation adversely 
        impacts fish and wildlife conservation and funding for 
        important conservation efforts; and
            (9) the public interest would be served, and our citizens' 
        fish and wildlife resources benefitted, by action to ensure 
        that opportunities are facilitated to engage in fishing and 
        hunting on Federal land as recognized by Executive Order No. 
        12962, relating to recreational fisheries, and Executive Order 
        No. 13443, relating to facilitation of hunting heritage and 
        wildlife conservation.

SEC. 2063. FISHING, HUNTING, AND RECREATIONAL SHOOTING.

    (a) Definitions.--In this section:
            (1) Federal land.--The term ``Federal land'' means any land 
        or water that is owned by the United States and under the 
        administrative jurisdiction of the Bureau of Land Management or 
        the Forest Service.
            (2) Federal land management officials.--The term ``Federal 
        land management officials'' means--
                    (A) the Secretary of the Interior and Director of 
                the Bureau of Land Management regarding Bureau of Land 
                Management lands and interests in lands under the 
                administrative jurisdiction of the Bureau of Land 
                Management; and
                    (B) the Secretary of Agriculture and Chief of the 
                Forest Service regarding National Forest System lands.
            (3) Hunting.--
                    (A) In general.--Except as provided in subparagraph 
                (B), the term ``hunting'' means use of a firearm, bow, 
                or other authorized means in the lawful--
                            (i) pursuit, shooting, capture, collection, 
                        trapping, or killing of wildlife;
                            (ii) attempt to pursue, shoot, capture, 
                        collect, trap, or kill wildlife; or
                            (iii) the training of hunting dogs, 
                        including field trials.
                    (B) Exclusion.--The term ``hunting'' does not 
                include the use of skilled volunteers to cull excess 
                animals (as defined by other Federal law).
            (4) Recreational fishing.--The term ``recreational 
        fishing'' means the lawful--
                    (A) pursuit, capture, collection, or killing of 
                fish; or
                    (B) attempt to capture, collect, or kill fish.
            (5) Recreational shooting.--The term ``recreational 
        shooting'' means any form of sport, training, competition, or 
        pastime, whether formal or informal, that involves the 
        discharge of a rifle, handgun, or shotgun, or the use of a bow 
        and arrow.
    (b) In General.--Subject to valid existing rights and subsection 
(e), and cooperation with the respective State fish and wildlife 
agency, Federal land management officials shall exercise authority 
under existing law, including provisions regarding land use planning, 
to facilitate use of and access to Federal lands, including National 
Monuments, Wilderness Areas, Wilderness Study Areas, and lands 
administratively classified as wilderness eligible or suitable and 
primitive or semi-primitive areas, for fishing, hunting, and 
recreational shooting, except as limited by--
            (1) statutory authority that authorizes action or 
        withholding action for reasons of national security, public 
        safety, or resource conservation;
            (2) any other Federal statute that specifically precludes 
        fishing, hunting, or recreational shooting on specific Federal 
        lands, waters, or units thereof; and
            (3) discretionary limitations on fishing, hunting, and 
        recreational shooting determined to be necessary and reasonable 
        as supported by the best scientific evidence and advanced 
        through a transparent public process.
    (c) Management.--Consistent with subsection (a), Federal land 
management officials shall exercise their land management discretion--
            (1) in a manner that supports and facilitates fishing, 
        hunting, and recreational shooting opportunities;
            (2) to the extent authorized under applicable State law; 
        and
            (3) in accordance with applicable Federal law.
    (d) Planning.--
            (1) Evaluation of effects on opportunities to engage in 
        fishing, hunting, or recreational shooting.--Planning documents 
        that apply to Federal lands, including land resources 
        management plans, resource management plans, travel management 
        plans, and general management plans shall include a specific 
        evaluation of the effects of such plans on opportunities to 
        engage in fishing, hunting, or recreational shooting.
            (2) Strategic growth policy for the national wildlife 
        refuge system.--Section 4(a)(3) of the National Wildlife Refuge 
        System Administration Act of 1966 (16 U.S.C. 668dd(a)(3)) is 
        amended--
                    (A) by redesignating subparagraphs (C) and (D) as 
                subparagraphs (D) and (E), respectively; and
                    (B) by inserting after subparagraph (B), the 
                following:
            ``(C) the Secretary shall integrate wildlife-dependent 
        recreational uses in accordance with their status as priority 
        general public uses into proposed or existing regulations, 
        policies, criteria, plans, or other activities to alter or 
        amend the manner in which individual refuges or the National 
        Wildlife Refuge System (System) are managed, including, but not 
        limited to, any activities which target or prioritize criteria 
        for long and short term System acquisitions;''.
            (3) No major federal action.--No action taken under this 
        subtitle, or under section 4 of the National Wildlife Refuge 
        System Administration Act of 1966 (16 U.S.C. 668dd), either 
        individually or cumulatively with other actions involving 
        Federal lands or lands managed by the United States Fish and 
        Wildlife Service, shall be considered to be a major Federal 
        action significantly affecting the quality of the human 
        environment, and no additional identification, analysis, or 
        consideration of environmental effects, including cumulative 
        effects, is necessary or required.
            (4) Other activity not considered.--Federal land management 
        officials are not required to consider the existence or 
        availability of fishing, hunting, or recreational shooting 
        opportunities on adjacent or nearby public or private lands in 
        the planning for or determination of which Federal lands are 
        open for these activities or in the setting of levels of use 
        for these activities on Federal lands, unless the combination 
        or coordination of such opportunities would enhance the 
        fishing, hunting, or recreational shooting opportunities 
        available to the public.
    (e) Federal Lands.--
            (1) Lands open.--Lands under the jurisdiction of the Bureau 
        of Land Management and the Forest Service, including Wilderness 
        Areas, Wilderness Study Areas, lands designated as wilderness 
        or administratively classified as wilderness eligible or 
        suitable and primitive or semi-primitive areas and National 
        Monuments, but excluding lands on the Outer Continental Shelf, 
        shall be open to fishing, hunting, and recreational shooting 
        unless the managing Federal agency acts to close lands to such 
        activity. Lands may be subject to closures or restrictions if 
        determined by the head of the agency to be necessary and 
        reasonable and supported by facts and evidence, for purposes 
        including resource conservation, public safety, energy or 
        mineral production, energy generation or transmission 
        infrastructure, water supply facilities, protection of other 
        permittees, protection of private property rights or interest, 
        national security, or compliance with other law.
            (2) Recreational shooting ranges.--
                    (A) In general.--The head of each Federal agency 
                shall use his or her authorities in a manner consistent 
                with this Act and other applicable law, to--
                            (i) lease or permit use of lands under the 
                        jurisdiction of the agency for recreational 
                        shooting ranges; and
                            (ii) designate specific lands under the 
                        jurisdiction of the agency for recreational 
                        shooting activities.
                    (B) Limitation on liability.--Any designation under 
                subparagraph (A)(ii) shall not subject the United 
                States to any civil action or claim for monetary 
                damages for injury or loss of property or personal 
                injury or death caused by any activity occurring at or 
                on such designated lands.
    (f) Necessity in Wilderness Areas and ``Within and Supplemental 
to'' Wilderness Purposes.--
            (1) Minimum requirements for administration.--The provision 
        of opportunities for fishing, hunting, and recreational 
        shooting, and the conservation of fish and wildlife to provide 
        sustainable use recreational opportunities on designated 
        Federal wilderness areas shall constitute measures necessary to 
        meet the minimum requirements for the administration of the 
        wilderness area, provided that this determination shall not 
        authorize or facilitate commodity development, use, or 
        extraction, motorized recreational access or use that is not 
        otherwise allowed under the Wilderness Act (16 U.S.C. 1131 et 
        seq.), or permanent road construction or maintenance within 
        designated wilderness areas.
            (2) Application of wilderness act.--Provisions of the 
        Wilderness Act (16 U.S.C. 1131 et seq.), stipulating that 
        wilderness purposes are ``within and supplemental to'' the 
        purposes of the underlying Federal land unit are reaffirmed. 
        When seeking to carry out fish and wildlife conservation 
        programs and projects or provide fish and wildlife dependent 
        recreation opportunities on designated wilderness areas, each 
        Federal land management official shall implement these 
        supplemental purposes so as to facilitate, enhance, or both, 
        but not to impede the underlying Federal land purposes when 
        seeking to carry out fish and wildlife conservation programs 
        and projects or provide fish and wildlife dependent recreation 
        opportunities in designated wilderness areas, provided that 
        such implementation shall not authorize or facilitate commodity 
        development, use or extraction, or permanent road construction 
        or maintenance within designated wilderness areas.
    (g) No Priority.--Nothing in this section requires a Federal land 
management official to give preference to fishing, hunting, or 
recreational shooting over other uses of Federal land or over land or 
water management priorities established by Federal law.
    (h) Consultation With Councils.--In fulfilling the duties under 
this section, Federal land management officials shall consult with 
respective advisory councils as established in Executive Order Nos. 
12962 and 13443.
    (i) Authority of the States.--Nothing in this section shall be 
construed as interfering with, diminishing, or conflicting with the 
authority, jurisdiction, or responsibility of any State to exercise 
primary management, control, or regulation of fish and wildlife under 
State law (including regulations) on land or water within the State, 
including on Federal land.
    (j) Federal Licenses.--Nothing in this section shall be construed 
to authorize a Federal land management official to require a license, 
fee, or permit to fish, hunt, or trap on land or water in a State, 
including on Federal land in the States, except that this subsection 
shall not affect the Migratory Bird Stamp requirement set forth in the 
Migratory Bird Hunting and Conservation Stamp Act (16 U.S.C. 718 et 
seq.).

SEC. 2064. VOLUNTEER HUNTERS; REPORTS; CLOSURES AND RESTRICTIONS.

    (a) Definitions.--For the purposes of this section:
            (1) Public land.--The term ``public land'' means--
                    (A) units of the National Park System;
                    (B) National Forest System lands; and
                    (C) land and interests in land owned by the United 
                States and under the administrative jurisdiction of--
                            (i) the Fish and Wildlife Service; or
                            (ii) the Bureau of Land Management.
            (2) Secretary.--The term ``Secretary'' means--
                    (A) the Secretary of the Interior and includes the 
                Director of the National Park Service, with regard to 
                units of the National Park System;
                    (B) the Secretary of the Interior and includes the 
                Director of the Fish and Wildlife Service, with regard 
                to Fish and Wildlife Service lands and waters;
                    (C) the Secretary of the Interior and includes the 
                Director of the Bureau of Land Management, with regard 
                to Bureau of Land Management lands and waters; and
                    (D) the Secretary of Agriculture and includes the 
                Chief of the Forest Service, with regard to National 
                Forest System lands.
            (3) Volunteer from the hunting community.--The term 
        ``volunteer from the hunting community'' means a volunteer who 
        holds a valid hunting license issued by a State.
    (b) Volunteer Hunters.--When planning wildlife management involving 
reducing the size of a wildlife population on public land, the 
Secretary shall consider the use of and may use volunteers from the 
hunting community as agents to assist in carrying out wildlife 
management on public land. The Secretary shall not reject the use of 
volunteers from the hunting community as agents without the concurrence 
of the appropriate State wildlife management authorities.
    (c) Report.--Beginning on the second October 1 after the date of 
the enactment of this Act and biennially on October 1 thereafter, the 
Secretary shall submit to the Committee on Natural Resources of the 
House of Representatives and the Committee on Energy and Natural 
Resources of the Senate a report that describes--
            (1) any public land administered by the Secretary that was 
        closed to fishing, hunting, and recreational shooting at any 
        time during the preceding year; and
            (2) the reason for the closure.
    (d) Closures or Significant Restrictions.--
            (1) In general.--Other than closures established or 
        prescribed by land planning actions referred to in section 
        2064(e) or emergency closures described in paragraph (2), a 
        permanent or temporary withdrawal, change of classification, or 
        change of management status of public land that effectively 
        closes or significantly restricts any acreage of public land to 
        access or use for fishing, hunting, recreational shooting, or 
        activities related to fishing, hunting, or recreational 
        shooting, or a combination of those activities, shall take 
        effect only if, before the date of withdrawal or change, the 
        Secretary--
                    (A) publishes appropriate notice of the withdrawal 
                or change, respectively;
                    (B) demonstrates that coordination has occurred 
                with a State fish and wildlife agency; and
                    (C) submits to the Committee on Natural Resources 
                of the House of Representatives and the Committee on 
                Energy and Natural Resources of the Senate written 
                notice of the withdrawal or change, respectively.
            (2) Emergency closures.--Nothing in this Act prohibits the 
        Secretary from establishing or implementing emergency closures 
        or restrictions of the smallest practicable area to provide for 
        public safety, resource conservation, national security, or 
        other purposes authorized by law. Such an emergency closure 
        shall terminate after a reasonable period of time unless 
        converted to a permanent closure consistent with this Act.

              Subtitle G--Farmer and Hunter Protection Act

SEC. 2071. SHORT TITLE.

    This subtitle may be cited as the ``Hunter and Farmer Protection 
Act''.

SEC. 2072. BAITING OF MIGRATORY GAME BIRDS.

    Section 3 of the Migratory Bird Treaty Act (16 U.S.C. 704) is 
amended by striking subsection (b) and inserting the following:
    ``(b) Prohibition of Baiting.--
            ``(1) Definitions.--In this subsection:
                    ``(A) Baited area.--
                            ``(i) In general.--The term `baited area' 
                        means--
                                    ``(I) any area on which salt, 
                                grain, or other feed has been placed, 
                                exposed, deposited, distributed, or 
                                scattered, if the salt, grain, or feed 
                                could lure or attract migratory game 
                                birds; and
                                    ``(II) in the case of waterfowl, 
                                cranes (family Gruidae), and coots 
                                (family Rallidae), a standing, 
                                unharvested crop that has been 
                                manipulated through activities such as 
                                mowing, discing, or rolling, unless the 
                                activities are normal agricultural 
                                practices.
                            ``(ii) Exclusions.--An area shall not be 
                        considered to be a `baited area' if the area--
                                    ``(I) has been treated with a 
                                normal agricultural practice;
                                    ``(II) has standing crops that have 
                                not been manipulated; or
                                    ``(III) has standing crops that 
                                have been or are flooded.
                    ``(B) Baiting.--The term `baiting' means the direct 
                or indirect placing, exposing, depositing, 
                distributing, or scattering of salt, grain, or other 
                feed that could lure or attract migratory game birds 
                to, on, or over any areas on which a hunter is 
                attempting to take migratory game birds.
                    ``(C) Migratory game bird.--The term `migratory 
                game bird' means migratory bird species--
                            ``(i) that are within the taxonomic 
                        families of Anatidae, Columbidae, Gruidae, 
                        Rallidae, and Scolopacidae; and
                            ``(ii) for which open seasons are 
                        prescribed by the Secretary of the Interior.
                    ``(D) Normal agricultural practice.--
                            ``(i) In general.--The term `normal 
                        agricultural practice' means any practice in 1 
                        annual growing season that--
                                    ``(I) is carried out in order to 
                                produce a marketable crop, including 
                                planting, harvest, postharvest, or soil 
                                conservation practices; and
                                    ``(II) is recommended for the 
                                successful harvest of a given crop by 
                                the applicable State office of the 
                                Cooperative Extension System of the 
                                Department of Agriculture, in 
                                consultation with, and if requested, 
                                the concurrence of, the head of the 
                                applicable State department of fish and 
                                wildlife.
                            ``(ii) Inclusions.--
                                    ``(I) In general.--Subject to 
                                subclause (II), the term `normal 
                                agricultural practice' includes the 
                                destruction of a crop in accordance 
                                with practices required by the Federal 
                                Crop Insurance Corporation for 
                                agricultural producers to obtain crop 
                                insurance under the Federal Crop 
                                Insurance Act (7 U.S.C. 1501 et seq.) 
                                on land on which a crop during the 
                                current or immediately preceding crop 
                                year was not harvestable due to a 
                                natural disaster (including any 
                                hurricane, storm, tornado, flood, high 
                                water, wind-driven water, tidal wave, 
                                tsunami, earthquake, volcanic eruption, 
                                landslide, mudslide, drought, fire, 
                                snowstorm, or other catastrophe that is 
                                declared a major disaster by the 
                                President in accordance with section 
                                401 of the Robert T. Stafford Disaster 
                                Relief and Emergency Assistance Act (42 
                                U.S.C. 5170)).
                                    ``(II) Limitations.--The term 
                                `normal agricultural practice' only 
                                includes a crop described in subclause 
                                (I) that has been destroyed or 
                                manipulated through activities that 
                                include (but are not limited to) 
                                mowing, discing, or rolling if the 
                                Federal Crop Insurance Corporation 
                                certifies that flooding was not an 
                                acceptable method of destruction to 
                                obtain crop insurance under the Federal 
                                Crop Insurance Act (7 U.S.C. 1501 et 
                                seq.).
                    ``(E) Waterfowl.--The term `waterfowl' means native 
                species of the family Anatidae.
            ``(2) Prohibition.--It shall be unlawful for any person--
                    ``(A) to take any migratory game bird by baiting or 
                on or over any baited area, if the person knows or 
                reasonably should know that the area is a baited area; 
                or
                    ``(B) to place or direct the placement of bait on 
                or adjacent to an area for the purpose of causing, 
                inducing, or allowing any person to take or attempt to 
                take any migratory game bird by baiting or on or over 
                the baited area.
            ``(3) Regulations.--The Secretary of the Interior may 
        promulgate regulations to implement this subsection.
            ``(4) Reports.--Annually, the Secretary of Agriculture 
        shall submit to the Secretary of the Interior a report that 
        describes any changes to normal agricultural practices across 
        the range of crops grown by agricultural producers in each 
        region of the United States in which the recommendations are 
        provided to agricultural producers.''.

    Subtitle H--Transporting Bows Across National Park Service Lands

SEC. 2081. SHORT TITLE.

    This subtitle may be cited as the ``Hunter Access Corridors Act''.

SEC. 2082. BOWHUNTING OPPORTUNITY AND WILDLIFE STEWARDSHIP.

    (a) In General.--Subchapter II of chapter 1015 of title 54, United 
States Code, is amended by adding at the end the following:
``Sec. 101513. Hunter access corridors
    ``(a) Definitions.--In this section:
            ``(1) Not ready for immediate use.--The term `not ready for 
        immediate use' means--
                    ``(A) a bow or crossbow, the arrows of which are 
                secured or stowed in a quiver or other arrow transport 
                case; and
                    ``(B) with respect to a crossbow, uncocked.
            ``(2) Valid hunting license.--The term `valid hunting 
        license' means a State-issued hunting license that authorizes 
        an individual to hunt on private or public land adjacent to the 
        System unit in which the individual is located while in 
        possession of a bow or crossbow that is not ready for immediate 
        use.
    ``(b) Transportation Authorized.--
            ``(1) In general.--The Director shall not require a permit 
        for, or promulgate or enforce any regulation that prohibits an 
        individual from transporting bows and crossbows that are not 
        ready for immediate use across any System unit if--
                    ``(A) in the case of an individual traversing the 
                System unit on foot--
                            ``(i) the individual is not otherwise 
                        prohibited by law from possessing the bows and 
                        crossbows;
                            ``(ii) the bows or crossbows are not ready 
                        for immediate use throughout the period during 
                        which the bows or crossbows are transported 
                        across the System unit;
                            ``(iii) the possession of the bows and 
                        crossbows is in compliance with the law of the 
                        State in which the System unit is located; and
                            ``(iv)(I) the individual possesses a valid 
                        hunting license;
                            ``(II) the individual is traversing the 
                        System unit en route to a hunting access 
                        corridor established under subsection (c)(1); 
                        or
                            ``(III) the individual is traversing the 
                        System unit in compliance with any other 
                        applicable regulations or policies; or
                    ``(B) the bows or crossbows are not ready for 
                immediate use and remain inside a vehicle.
            ``(2) Enforcement.--Nothing in this subsection limits the 
        authority of the Director to enforce laws (including 
        regulations) prohibiting hunting or the taking of wildlife in 
        any System unit.
    ``(c) Establishment of Hunter Access Corridors.--
            ``(1) In general.--On a determination by the Director under 
        paragraph (2), the Director may establish and publish (in 
        accordance with section 1.5 of title 36, Code of Federal 
        Regulations (or a successor regulation)), on a publicly 
        available map, hunter access corridors across System units that 
        are used to access public land that is--
                    ``(A) contiguous to a System unit; and
                    ``(B) open to hunting.
            ``(2) Determination by director.--The determination 
        referred to in paragraph (1) is a determination that the hunter 
        access corridor would provide wildlife management or visitor 
        experience benefits within the boundary of the System unit in 
        which the hunter access corridor is located.
            ``(3) Hunting season.--The hunter access corridors shall be 
        open for use during hunting seasons.
            ``(4) Exception.--The Director may establish limited 
        periods during which access through the hunter access corridors 
        is closed for reasons of public safety, administration, or 
        compliance with applicable law. Such closures shall be clearly 
        marked with signs and dates of closures, and shall not include 
        gates, chains, walls, or other barriers on the hunter access 
        corridor.
            ``(5) Identification of corridors.--The Director shall--
                    ``(A) make information regarding hunter access 
                corridors available on the individual website of the 
                applicable System unit; and
                    ``(B) provide information regarding any processes 
                established by the Director for transporting legally 
                taken game through individual hunter access corridors.
            ``(6) Registration; transportation of game.--The Director 
        may--
                    ``(A) provide registration boxes to be located at 
                the trailhead of each hunter access corridor for self-
                registration;
                    ``(B) provide a process for online self-
                registration; and
                    ``(C) allow nonmotorized conveyances to transport 
                legally taken game through a hunter access corridor 
                established under this subsection, including game carts 
                and sleds.
            ``(7) Consultation with states.--The Director shall consult 
        with each applicable State wildlife agency to identify 
        appropriate hunter access corridors.
    ``(d) Effect.--Nothing in this section--
            ``(1) diminishes, enlarges, or modifies any Federal or 
        State authority with respect to recreational hunting, 
        recreational shooting, or any other recreational activities 
        within the boundaries of a System unit; or
            ``(2) authorizes--
                    ``(A) the establishment of new trails in System 
                units; or
                    ``(B) authorizes individuals to access areas in 
                System units, on foot or otherwise, that are not open 
                to such access.
    ``(e) No Major Federal Action.--
            ``(1) In general.--Any action taken under this section 
        shall not be considered a major Federal action significantly 
        affecting the quality of the human environment under the 
        National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
        seq.).
            ``(2) No additional action required.--No additional 
        identification, analyses, or consideration of environmental 
        effects (including cumulative environmental effects) is 
        necessary or required with respect to an action taken under 
        this section.''.
    (b) Clerical Amendment.--The table of sections for title 54, United 
States Code, is amended by inserting after the item relating to section 
101512 the following:

``101513. Hunter access corridors.''.

 Subtitle I--Federal Land Transaction Facilitation Act Reauthorization 
                                (FLTFA)

SEC. 2091. SHORT TITLE.

    This subtitle may be cited as the ``Federal Land Transaction 
Facilitation Act Reauthorization''.

SEC. 2092. FEDERAL LAND TRANSACTION FACILITATION ACT.

    The Federal Land Transaction Facilitation Act is amended--
            (1) in section 203(1) (43 U.S.C. 2302(1)), by striking 
        ``cultural, or'' and inserting ``cultural, recreational access 
        and use, or other'';
            (2) in section 203(2) in the matter preceding subparagraph 
        (A), by striking ``on the date of enactment of this Act was'' 
        and inserting ``is'';
            (3) in section 205 (43 U.S.C. 2304)--
                    (A) in subsection (a), by striking ``section 206'' 
                and all that follows through the period and inserting 
                the following: ``section 206--
            ``(1) to complete appraisals and satisfy other legal 
        requirements for the sale or exchange of public land identified 
        for disposal under approved land use plans under section 202 of 
        the Federal Land Policy and Management Act of 1976 (43 U.S.C. 
        1712);
            ``(2) not later than 180 days after the date of the 
        enactment of the Federal Land Transaction Facilitation Act 
        Reauthorization, to establish and make available to the public, 
        on the website of the Department of the Interior, a database 
        containing a comprehensive list of all the land referred to in 
        paragraph (1); and
            ``(3) to maintain the database referred to in paragraph 
        (2).''; and
                    (B) in subsection (d), by striking ``11'' and 
                inserting ``22'';
            (4) by amending section 206(c)(1) (43 U.S.C. 2305(c)(1)) to 
        read as follows:
            ``(1) Use of funds.--
                    ``(A) In general.--Funds in the Federal Land 
                Disposal Account shall be expended, subject to 
                appropriation, in accordance with this subsection.
                    ``(B) Purposes.--Except as authorized under 
                paragraph (2), funds in the Federal Land Disposal 
                Account shall be used for one or more of the following 
                purposes:
                            ``(i) To purchase lands or interests 
                        therein that are otherwise authorized by law to 
                        be acquired and are one or more of the 
                        following:
                                    ``(I) Inholdings.
                                    ``(II) Adjacent to federally 
                                designated areas and contain 
                                exceptional resources.
                                    ``(III) Provide opportunities for 
                                hunting, recreational fishing, 
                                recreational shooting, and other 
                                recreational activities.
                                    ``(IV) Likely to aid in the 
                                performance of deferred maintenance or 
                                the reduction of operation and 
                                maintenance costs or other deferred 
                                costs.
                            ``(ii) To perform deferred maintenance or 
                        other maintenance activities that enhance 
                        opportunities for recreational access.'';
            (5) in section 206(c)(2) (43 U.S.C. 2305(c)(2))--
                    (A) by striking subparagraph (A);
                    (B) by redesignating subparagraphs (B), (C), and 
                (D) as subparagraphs (A), (B), and (C), respectively;
                    (C) in subparagraph (C) (as so redesignated by this 
                paragraph)--
                            (i) by striking ``purchases'' and inserting 
                        ``land purchases and performance of deferred 
                        maintenance activities'';
                            (ii) by striking ``subparagraph (C)'' and 
                        inserting ``subparagraph (B)''; and
                            (iii) by inserting ``for the activities 
                        outlined in paragraph (2)'' after 
                        ``generated''; and
                    (D) by adding at the end the following:
                    ``(D) Any funds made available under subparagraph 
                (C) that are not obligated or expended by the end of 
                the fourth full fiscal year after the date of the sale 
                or exchange of land that generated the funds may be 
                expended in any State.'';
            (6) in section 206(c)(3) (43 U.S.C. 2305(c)(3))--
                    (A) by inserting after subparagraph (A) the 
                following:
                    ``(B) the extent to which the acquisition of the 
                land or interest therein will increase the public 
                availability of resources for, and facilitate public 
                access to, hunting, fishing, and other recreational 
                activities;''; and
                    (B) by redesignating subparagraphs (B) and (C) as 
                subparagraphs (C) and (D);
            (7) in section 206(f) (43 U.S.C. 2305(f)), by amending 
        paragraph (2) to read as follows:
            ``(2) any remaining balance in the account shall be 
        deposited in the Treasury and used for deficit reduction, 
        except that in the case of a fiscal year for which there is no 
        Federal budget deficit, such amounts shall be used to reduce 
        the Federal debt (in such manner as the Secretary of the 
        Treasury considers appropriate).''; and
            (8) in section 207(b) (43 U.S.C. 2306(b))--
                    (A) in paragraph (1)--
                            (i) by striking ``96-568'' and inserting 
                        ``96-586''; and
                            (ii) by striking ``; or'' and inserting a 
                        semicolon;
                    (B) in paragraph (2)--
                            (i) by inserting ``Public Law 105-263;'' 
                        before ``112 Stat.''; and
                            (ii) by striking the period at the end and 
                        inserting a semicolon; and
                    (C) by adding at the end the following:
            ``(3) the White Pine County Conservation, Recreation, and 
        Development Act of 2006 (Public Law 109-432; 120 Stat. 3028);
            ``(4) the Lincoln County Conservation, Recreation, and 
        Development Act of 2004 (Public Law 108-424; 118 Stat. 2403);
            ``(5) subtitle F of title I of the Omnibus Public Land 
        Management Act of 2009 (16 U.S.C. 1132 note; Public Law 111-
        11);
            ``(6) subtitle O of title I of the Omnibus Public Land 
        Management Act of 2009 (16 U.S.C. 460www note, 1132 note; 
        Public Law 111-11);
            ``(7) section 2601 of the Omnibus Public Land Management 
        Act of 2009 (Public Law 111-11; 123 Stat. 1108); or
            ``(8) section 2606 of the Omnibus Public Land Management 
        Act of 2009 (Public Law 111-11; 123 Stat. 1121).''.

 Subtitle J--African Elephant Conservation and Legal Ivory Possession 
                                  Act

SEC. 2101. SHORT TITLE.

    This subtitle may be cited as the ``African Elephant Conservation 
and Legal Ivory Possession Act''.

SEC. 2102. REFERENCES.

    Except as otherwise specifically provided, whenever in this 
subtitle an amendment or repeal is expressed in terms of an amendment 
to, or repeal of, a provision, the reference shall be considered to be 
made to a provision of the African Elephant Conservation Act (16 U.S.C. 
4201 et seq.).

SEC. 2103. PLACEMENT OF UNITED STATES FISH AND WILDLIFE SERVICE LAW 
              ENFORCEMENT OFFICERS IN EACH AFRICAN ELEPHANT RANGE 
              COUNTRY.

    Part I (16 U.S.C. 4211 et seq.) is amended by adding at the end the 
following:

``SEC. 2105. PLACEMENT OF UNITED STATES FISH AND WILDLIFE SERVICE LAW 
              ENFORCEMENT OFFICERS IN EACH AFRICAN ELEPHANT RANGE 
              COUNTRY.

    ``The Secretary, in coordination with the Secretary of State, may 
station United States Fish and Wildlife Service law enforcement 
officers in the primary United States diplomatic or consular post in 
each African country that has a significant population of African 
elephants, who shall assist local wildlife rangers in the protection of 
African elephants and facilitate the apprehension of individuals who 
illegally kill, or assist the illegal killing of, African elephants.''.

SEC. 2104. TREATMENT OF ELEPHANT IVORY.

    Section 2203 (16 U.S.C. 4223) is further amended by adding at the 
end the following:
    ``(c) Treatment of Elephant Ivory.--Nothing in this Act or the 
Endangered Species Act of 1973 (16 U.S.C. 1538) shall be construed--
            ``(1) to prohibit, or to authorize prohibiting, the 
        possession, sale, delivery, receipt, shipment, or 
        transportation of African elephant ivory, or any product 
        containing African elephant ivory, that is in the United States 
        because it has been lawfully imported or crafted in the United 
        States; or
            ``(2) to authorize using any means of determining for 
        purposes of this Act or the Endangered Species Act of 1973 
        whether African elephant ivory that is present in the United 
        States has been lawfully imported, including any presumption or 
        burden of proof applied in such determination, other than such 
        means used by the Secretary as of February 24, 2014.''.

SEC. 2105. AFRICAN ELEPHANT CONSERVATION ACT FINANCIAL ASSISTANCE 
              PRIORITY AND REAUTHORIZATION.

    (a) Financial Assistance Priority.--Section 2101 (16 U.S.C. 4211) 
is amended by redesignating subsections (e) and (f) as subsections (f) 
and (g), respectively, and by inserting after subsection (d) the 
following:
    ``(e) Priority.--In providing financial assistance under this 
section, the Secretary shall give priority to projects designed to 
facilitate the acquisition of equipment and training of wildlife 
officials in ivory producing countries to be used in anti-poaching 
efforts.''.
    (b) Reauthorization.--Section 2306(a) (16 U.S.C. 4245(a)) is 
amended by striking ``2007 through 2012'' and inserting ``2016 through 
2020''.

SEC. 2106. GOVERNMENT ACCOUNTABILITY OFFICE STUDY.

    Not later than 90 days after the date of the enactment of this Act, 
the Comptroller General of the United States shall conduct a study 
examining the effects of a ban of the trade in of fossilized ivory from 
mammoths and mastodons on the illegal importation and trade of African 
and Asian elephant ivory within the United States, with the exception 
of importation or trade thereof related to museum exhibitions or 
scientific research, and report to Congress the findings of such study.

              Subtitle K--Respect for Treaties and Rights

SEC. 2111. RESPECT FOR TREATIES AND RIGHTS.

    Nothing in this Act or the amendments made by this Act shall be 
construed to affect or modify any treaty or other right of any 
federally recognized Indian tribe.

           Subtitle L--State Approval of Fishing Restriction

SEC. 2131. STATE OR TERRITORIAL APPROVAL OF RESTRICTION OF RECREATIONAL 
              OR COMMERCIAL FISHING ACCESS TO CERTAIN STATE OR 
              TERRITORIAL WATERS.

    (a) Approval Required.--The Secretary of the Interior and the 
Secretary of Commerce shall not restrict recreational or commercial 
fishing access to any State or territorial marine waters or Great Lakes 
waters within the jurisdiction of the National Park Service or the 
Office of National Marine Sanctuaries, respectively, unless those 
restrictions are developed in coordination with, and approved by, the 
fish and wildlife management agency of the State or territory that has 
fisheries management authority over those waters.
    (b) Definition.--In this section, the term ``marine waters'' 
includes coastal waters and estuaries.

 Subtitle M--Hunting and Recreational Fishing Within Certain National 
                                Forests

SEC. 2141. DEFINITIONS.

    In this subtitle:
            (1) Hunting.--The term ``hunting'' means use of a firearm, 
        bow, or other authorized means in the lawful pursuit, shooting, 
        capture, collection, trapping, or killing of wildlife; attempt 
        to pursue, shoot, capture, collect, trap, or kill wildlife; or 
        the training and use of hunting dogs, including field trials.
            (2) Recreational fishing.--The term ``recreational 
        fishing'' means the lawful pursuit, capture, collection, or 
        killing of fish; or attempt to capture, collect, or kill fish.
            (3) Forest plan.--The term ``forest plan'' means a land and 
        resource management plan prepared by the Forest Service for a 
        unit of the National Forest System pursuant to section 6 of the 
        Forest and Rangeland Renewable Resources Planning Act of 1974 
        (16 U.S.C. 1604).
            (4) National forest system.--The term ``National Forest 
        System'' has the meaning given that term in section 11(a) of 
        the Forest and Rangeland Renewable Resources Planning Act of 
        1974 (16 U.S.C. 1609(a))

SEC. 2142. HUNTING AND RECREATIONAL FISHING WITHIN THE NATIONAL FOREST 
              SYSTEM.

    (a) Prohibition of Restrictions.--The Secretary of Agriculture or 
Chief of the Forest Service may not establish policies, directives, or 
regulations that restrict the type, season, or method of hunting or 
recreational fishing on lands within the National Forest System that 
are otherwise open to those activities and are consistent with the 
applicable forest plan.
    (b) Prior Restrictions Void.--Any restrictions imposed by the 
Secretary of Agriculture or Chief of the Forest Service regarding the 
type, season, or method of hunting or recreational fishing on lands 
within the National Forest System that are otherwise open to those 
activities in force on the date of the enactment of this Act shall be 
void and have no force or effect.
    (c) Applicability.--This section shall apply only to the Kisatchie 
National Forest in the State of Louisiana, the De Soto National Forest 
in the State of Mississippi, the Mark Twain National Forest in the 
State of Missouri, and the Ozark National Forest, the St. Francis 
National Forest and the Ouachita National Forest in the States of 
Arkansas and Oklahoma.
    (d) State Authority.--Nothing in this section, section 1 of the Act 
of June 4, 1897 (16 U.S.C. 551), or section 32 of the Act of July 22, 
1937 (7 U.S.C. 1011) shall affect the authority of States to manage 
hunting or recreational fishing on lands within the National Forest 
System.

SEC. 2143. PUBLICATION OF CLOSURE OF ROADS IN FORESTS.

    The Chief of the Forest Service shall publish a notice in the 
Federal Register for the closure of any public road on Forest System 
lands, along with a justification for the closure.

             Subtitle N--Grand Canyon Bison Management Act

SEC. 2151. SHORT TITLE.

    This subtitle may be cited as the ``Grand Canyon Bison Management 
Act''.

SEC. 2152. DEFINITIONS.

    In this subtitle:
            (1) Management plan.--The term ``management plan'' means 
        the management plan published under section 2153(a).
            (2) Park.--The term ``Park'' means the Grand Canyon 
        National Park.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (4) Skilled public volunteer.--The term ``skilled public 
        volunteer'' means an individual who possesses--
                    (A) a valid hunting license issued by the State of 
                Arizona; and
                    (B) such other qualifications as the Secretary may 
                require, after consultation with the Arizona Game and 
                Fish Commission.

SEC. 2153. BISON MANAGEMENT PLAN FOR GRAND CANYON NATIONAL PARK.

    (a) Publication of Plan.--Not later than 180 days after the date of 
enactment of this Act, the Secretary shall publish a management plan to 
reduce, through humane lethal culling by skilled public volunteers and 
by other nonlethal means, the population of bison in the Park that the 
Secretary determines are detrimental to the use of the Park.
    (b) Removal of Animal.--Notwithstanding any other provision of law, 
a skilled public volunteer may remove a full bison harvested from the 
Park.
    (c) Coordination.--The Secretary shall coordinate with the Arizona 
Game and Fish Commission regarding the development and implementation 
of the management plan.
    (d) NEPA Compliance.--In developing the management plan, the 
Secretary shall comply with all applicable Federal environmental laws 
(including regulations), including the National Environmental Policy 
Act of 1969 (42 U.S.C. 4321 et seq.).
    (e) Limitation.--Nothing in this subtitle applies to the taking of 
wildlife in the Park for any purpose other than the implementation of 
the management plan.

            Subtitle O--Open Book on Equal Access to Justice

SEC. 2161. SHORT TITLE.

    This subtitle may be cited as the ``Open Book on Equal Access to 
Justice Act''.

SEC. 2162. MODIFICATION OF EQUAL ACCESS TO JUSTICE PROVISIONS.

    (a) Agency Proceedings.--Section 504 of title 5, United States 
Code, is amended--
            (1) in subsection (c)(1), by striking ``, United States 
        Code'';
            (2) by redesignating subsection (f) as subsection (i); and
            (3) by striking subsection (e) and inserting the following:
    ``(e)(1) The Chairman of the Administrative Conference of the 
United States, after consultation with the Chief Counsel for Advocacy 
of the Small Business Administration, shall report to the Congress, not 
later than March 31 of each year through the 6th calendar year 
beginning after the initial report under this subsection is submitted, 
on the amount of fees and other expenses awarded during the preceding 
fiscal year pursuant to this section. The report shall describe the 
number, nature, and amount of the awards, the claims involved in the 
controversy, and any other relevant information that may aid the 
Congress in evaluating the scope and impact of such awards. The report 
shall be made available to the public online.
    ``(2)(A) The report required by paragraph (1) shall account for all 
payments of fees and other expenses awarded under this section that are 
made pursuant to a settlement agreement, regardless of whether the 
settlement agreement is sealed or otherwise subject to nondisclosure 
provisions.
    ``(B) The disclosure of fees and other expenses required under 
subparagraph (A) does not affect any other information that is subject 
to nondisclosure provisions in the settlement agreement.
    ``(f) The Chairman of the Administrative Conference shall create 
and maintain, during the period beginning on the date the initial 
report under subsection (e) is submitted and ending one year after the 
date on which the final report under that subsection is submitted, 
online a searchable database containing the following information with 
respect to each award of fees and other expenses under this section:
            ``(1) The case name and number of the adversary 
        adjudication, if available.
            ``(2) The name of the agency involved in the adversary 
        adjudication.
            ``(3) A description of the claims in the adversary 
        adjudication.
            ``(4) The name of each party to whom the award was made, as 
        such party is identified in the order or other agency document 
        making the award.
            ``(5) The amount of the award.
            ``(6) The basis for the finding that the position of the 
        agency concerned was not substantially justified.
    ``(g) The online searchable database described in subsection (f) 
may not reveal any information the disclosure of which is prohibited by 
law or court order.
    ``(h) The head of each agency shall provide to the Chairman of the 
Administrative Conference in a timely manner all information requested 
by the Chairman to comply with the requirements of subsections (e), 
(f), and (g).''.
    (b) Court Cases.--Section 2412(d) of title 28, United States Code, 
is amended by adding at the end the following:
    ``(5)(A) The Chairman of the Administrative Conference of the 
United States shall submit to the Congress, not later than March 31 of 
each year through the 6th calendar year beginning after the initial 
report under this paragraph is submitted, a report on the amount of 
fees and other expenses awarded during the preceding fiscal year 
pursuant to this subsection. The report shall describe the number, 
nature, and amount of the awards, the claims involved in each 
controversy, and any other relevant information that may aid the 
Congress in evaluating the scope and impact of such awards. The report 
shall be made available to the public online.
    ``(B)(i) The report required by subparagraph (A) shall account for 
all payments of fees and other expenses awarded under this subsection 
that are made pursuant to a settlement agreement, regardless of whether 
the settlement agreement is sealed or otherwise subject to 
nondisclosure provisions.
    ``(ii) The disclosure of fees and other expenses required under 
clause (i) does not affect any other information that is subject to 
nondisclosure provisions in the settlement agreement.
    ``(C) The Chairman of the Administrative Conference shall include 
and clearly identify in the annual report under subparagraph (A), for 
each case in which an award of fees and other expenses is included in 
the report--
            ``(i) any amounts paid from section 1304 of title 31 for a 
        judgment in the case;
            ``(ii) the amount of the award of fees and other expenses; 
        and
            ``(iii) the statute under which the plaintiff filed suit.
    ``(6) The Chairman of the Administrative Conference shall create 
and maintain, during the period beginning on the date the initial 
report under paragraph (5) is submitted and ending one year after the 
date on which the final report under that paragraph is submitted, 
online a searchable database containing the following information with 
respect to each award of fees and other expenses under this subsection:
            ``(A) The case name and number.
            ``(B) The name of the agency involved in the case.
            ``(C) The name of each party to whom the award was made, as 
        such party is identified in the order or other court document 
        making the award.
            ``(D) A description of the claims in the case.
            ``(E) The amount of the award.
            ``(F) The basis for the finding that the position of the 
        agency concerned was not substantially justified.
    ``(7) The online searchable database described in paragraph (6) may 
not reveal any information the disclosure of which is prohibited by law 
or court order.
    ``(8) The head of each agency (including the Attorney General of 
the United States) shall provide to the Chairman of the Administrative 
Conference of the United States in a timely manner all information 
requested by the Chairman to comply with the requirements of paragraphs 
(5), (6), and (7).''.
    (c) Clerical Amendments.--Section 2412 of title 28, United States 
Code, is amended--
            (1) in subsection (d)(3), by striking ``United States 
        Code,''; and
            (2) in subsection (e)--
                    (A) by striking ``of section 2412 of title 28, 
                United States Code,'' and inserting ``of this 
                section''; and
                    (B) by striking ``of such title'' and inserting 
                ``of this title''.
    (d) Effective Date.--
            (1) In general.--The amendments made by subsections (a) and 
        (b) shall first apply with respect to awards of fees and other 
        expenses that are made on or after the date of the enactment of 
        this Act.
            (2) Initial reports.--The first reports required by section 
        504(e) of title 5, United States Code, and section 2412(d)(5) 
        of title 28, United States Code, shall be submitted not later 
        than March 31 of the calendar year following the first calendar 
        year in which a fiscal year begins after the date of the 
        enactment of this Act.
            (3) Online databases.--The online databases required by 
        section 504(f) of title 5, United States Code, and section 
        2412(d)(6) of title 28, United States Code, shall be 
        established as soon as practicable after the date of the 
        enactment of this Act, but in no case later than the date on 
        which the first reports under section 504(e) of title 5, United 
        States Code, and section 2412(d)(5) of title 28, United States 
        Code, are required to be submitted under paragraph (2) of this 
        subsection.

                  Subtitle P--Utility Terrain Vehicles

SEC. 2171. UTILITY TERRAIN VEHICLES IN KISATCHIE NATIONAL FOREST.

    (a) In General.--The Forest Administrator shall amend the 
applicable travel plan to allow utility terrain vehicles access on all 
roads nominated by the Secretary of Louisiana Wildlife and Fisheries in 
the Kisatchie National Forest, except when such designation would pose 
an unacceptable safety risk, in which case the Forest Administrator 
shall publish a notice in the Federal Register with a justification for 
the closure.
    (b) Utility Terrain Vehicles Defined.--For purposes of this 
section, the term ``utility terrain vehicle''--
            (1) means any recreational motor vehicle designed for and 
        capable of travel over designated roads, traveling on four or 
        more tires with a maximum tire width of 27 inches, a maximum 
        wheel cleat or lug of \3/4\ of an inch, a minimum width of 50 
        inches but not exceeding 74 inches, a minimum weight of at 
        least 700 pounds but not exceeding 2,000 pounds, and a minimum 
        wheelbase of 61 inches but not exceeding 110 inches;
            (2) includes vehicles not equipped with a certification 
        label as required by part 567.4 of title 49, Code of Federal 
        Regulations; and
            (3) does not include golf carts, vehicles specially 
        designed to carry a disabled person, or vehicles otherwise 
        registered under section 32.299 of the Louisiana State 
        statutes.

             Subtitle Q--Good Samaritan Search and Recovery

SEC. 2181. SHORT TITLE.

    This subtitle may be cited as the ``Good Samaritan Search and 
Recovery Act''.

SEC. 2182. EXPEDITED ACCESS TO CERTAIN FEDERAL LAND.

    (a) Definitions.--In this section:
            (1) Eligible.--The term ``eligible'', with respect to an 
        organization or individual, means that the organization or 
        individual, respectively, is--
                    (A) acting in a not-for-profit capacity; and
                    (B) composed entirely of members who, at the time 
                of the good Samaritan search-and-recovery mission, have 
                attained the age of majority under the law of the State 
                where the mission takes place.
            (2) Good samaritan search-and-recovery mission.--The term 
        ``good Samaritan search-and-recovery mission'' means a search 
        conducted by an eligible organization or individual for 1 or 
        more missing individuals believed to be deceased at the time 
        that the search is initiated.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior or the Secretary of Agriculture, as applicable.
    (b) Process.--
            (1) In general.--Each Secretary shall develop and implement 
        a process to expedite access to Federal land under the 
        administrative jurisdiction of the Secretary for eligible 
        organizations and individuals to request access to Federal land 
        to conduct good Samaritan search-and-recovery missions.
            (2) Inclusions.--The process developed and implemented 
        under this subsection shall include provisions to clarify 
        that--
                    (A) an eligible organization or individual granted 
                access under this section--
                            (i) shall be acting for private purposes; 
                        and
                            (ii) shall not be considered to be a 
                        Federal volunteer;
                    (B) an eligible organization or individual 
                conducting a good Samaritan search-and-recovery mission 
                under this section shall not be considered to be a 
                volunteer under section 102301(c) of title 54, United 
                States Code;
                    (C) chapter 171 of title 28, United States Code 
                (commonly known as the ``Federal Tort Claims Act''), 
                shall not apply to an eligible organization or 
                individual carrying out a privately requested good 
                Samaritan search-and-recovery mission under this 
                section; and
                    (D) an eligible organization or entity who conducts 
                a good Samaritan search-and-recovery mission under this 
                section shall serve without pay from the Federal 
                Government for such service.
    (c) Release of Federal Government From Liability.--The Secretary 
shall not require an eligible organization or individual to have 
liability insurance as a condition of accessing Federal land under this 
section, if the eligible organization or individual--
            (1) acknowledges and consents, in writing, to the 
        provisions described in subparagraphs (A) through (D) of 
        subsection (b)(2); and
            (2) signs a waiver releasing the Federal Government from 
        all liability relating to the access granted under this section 
        and agrees to indemnify and hold harmless the United States 
        from any claims or lawsuits arising from any conduct by the 
        eligible organization or individual on Federal land.
    (d) Approval and Denial of Requests.--
            (1) In general.--The Secretary shall notify an eligible 
        organization or individual of the approval or denial of a 
        request by the eligible organization or individual to carry out 
        a good Samaritan search-and-recovery mission under this section 
        by not later than 48 hours after the request is made.
            (2) Denials.--If the Secretary denies a request from an 
        eligible organization or individual to carry out a good 
        Samaritan search-and-recovery mission under this section, the 
        Secretary shall notify the eligible organization or individual 
        of--
                    (A) the reason for the denial of the request; and
                    (B) any actions that the eligible organization or 
                individual can take to meet the requirements for the 
                request to be approved.
    (e) Partnerships.--Each Secretary shall develop search-and-
recovery-focused partnerships with search-and-recovery organizations--
            (1) to coordinate good Samaritan search-and-recovery 
        missions on Federal land under the administrative jurisdiction 
        of the Secretary; and
            (2) to expedite and accelerate good Samaritan search-and-
        recovery mission efforts for missing individuals on Federal 
        land under the administrative jurisdiction of the Secretary.
    (f) Report.--Not later than 180 days after the date of enactment of 
this Act, the Secretaries shall submit to Congress a joint report 
describing--
            (1) plans to develop partnerships described in subsection 
        (e)(1); and
            (2) efforts carried out to expedite and accelerate good 
        Samaritan search-and-recovery mission efforts for missing 
        individuals on Federal land under the administrative 
        jurisdiction of each Secretary pursuant to subsection (e)(2).

    Subtitle R--Interstate Transportation of Firearms or Ammunition

SEC. 2191. INTERSTATE TRANSPORTATION OF FIREARMS OR AMMUNITION.

    (a) In General.--Section 926A of title 18, United States Code, is 
amended to read as follows:
``Sec. 926A. Interstate transportation of firearms or ammunition
    ``(a) Notwithstanding any provision of any law, rule, or regulation 
of a State or any political subdivision thereof:
            ``(1) A person who is not prohibited by this chapter from 
        possessing, transporting, shipping, or receiving a firearm or 
        ammunition shall be entitled to transport a firearm for any 
        lawful purpose from any place where the person may lawfully 
        possess, carry, or transport the firearm to any other such 
        place if, during the transportation, the firearm is unloaded, 
        and--
                    ``(A) if the transportation is by motor vehicle, 
                the firearm is not directly accessible from the 
                passenger compartment of the vehicle, and, if the 
                vehicle is without a compartment separate from the 
                passenger compartment, the firearm is in a locked 
                container other than the glove compartment or console, 
                or is secured by a secure gun storage or safety device; 
                or
                    ``(B) if the transportation is by other means, the 
                firearm is in a locked container or secured by a secure 
                gun storage or safety device.
            ``(2) A person who is not prohibited by this chapter from 
        possessing, transporting, shipping, or receiving a firearm or 
        ammunition shall be entitled to transport ammunition for any 
        lawful purpose from any place where the person may lawfully 
        possess, carry, or transport the ammunition, to any other such 
        place if, during the transportation, the ammunition is not 
        loaded into a firearm, and--
                    ``(A) if the transportation is by motor vehicle, 
                the ammunition is not directly accessible from the 
                passenger compartment of the vehicle, and, if the 
                vehicle is without a compartment separate from the 
                passenger compartment, the ammunition is in a locked 
                container other than the glove compartment or console; 
                or
                    ``(B) if the transportation is by other means, the 
                ammunition is in a locked container.
    ``(b) In subsection (a), the term `transport' includes staying in 
temporary lodging overnight, stopping for food, fuel, vehicle 
maintenance, an emergency, medical treatment, and any other activity 
incidental to the transport, but does not include transportation--
            ``(1) with the intent to commit a crime punishable by 
        imprisonment for a term exceeding one year that involves the 
        use or threatened use of force against another; or
            ``(2) with knowledge, or reasonable cause to believe, that 
        such a crime is to be committed in the course of, or arising 
        from, the transportation.
    ``(c)(1) A person who is transporting a firearm or ammunition may 
not be arrested or otherwise detained for violation of any law or any 
rule or regulation of a State or any political subdivision thereof 
related to the possession, transportation, or carrying of firearms, 
unless there is probable cause to believe that the person is doing so 
in a manner not provided for in subsection (a).
    ``(2) When a person asserts this section as a defense in a criminal 
proceeding, the prosecution shall bear the burden of proving, beyond a 
reasonable doubt, that the conduct of the person did not satisfy the 
conditions set forth in subsection (a).
    ``(3) When a person successfully asserts this section as a defense 
in a criminal proceeding, the court shall award the prevailing 
defendant a reasonable attorney's fee.
    ``(d)(1) A person who is deprived of any right, privilege, or 
immunity secured by this section, section 926B or 926C, under color of 
any statute, ordinance, regulation, custom, or usage of any State or 
any political subdivision thereof, may bring an action in any 
appropriate court against any other person, including a State or 
political subdivision thereof, who causes the person to be subject to 
the deprivation, for damages and other appropriate relief.
    ``(2) The court shall award a plaintiff prevailing in an action 
brought under paragraph (1) damages and such other relief as the court 
deems appropriate, including a reasonable attorney's fee.''.
    (b) Clerical Amendment.--The table of sections for such chapter is 
amended in the item relating to section 926A by striking ``firearms'' 
and inserting ``firearms or ammunition''.

                        Subtitle S--Gray Wolves

SEC. 2201. REISSUANCE OF FINAL RULE REGARDING GRAY WOLVES IN THE 
              WESTERN GREAT LAKES.

    Before the end of the 60-day period beginning on the date of 
enactment of this Act, the Secretary of the Interior shall reissue the 
final rule published on December 28, 2011 (76 Fed. Reg. 81666), without 
regard to any other provision of statute or regulation that applies to 
issuance of such rule. Such reissuance shall not be subject to judicial 
review.

SEC. 2202. REISSUANCE OF FINAL RULE REGARDING GRAY WOLVES IN WYOMING.

    Before the end of the 60-day period beginning on the date of 
enactment of this Act, the Secretary of the Interior shall reissue the 
final rule published on September 10, 2012 (77 Fed. Reg. 55530), 
without regard to any other provision of statute or regulation that 
applies to issuance of such rule. Such reissuance shall not be subject 
to judicial review.

                  Subtitle T--Miscellaneous Provisions

SEC. 2211. PROHIBITION ON ISSUANCE OF FINAL RULE.

    The Director of the United States Fish and Wildlife Service shall 
not issue a final rule that--
            (1) succeeds the proposed rule entitled ``Non-Subsistence 
        Take of Wildlife, and Public Participation and Closure 
        Procedures, on National Wildlife Refuges in Alaska'' (81 Fed. 
        Reg. 887 (January 8, 2016)); or
            (2) is substantially similar to that proposed rule.

SEC. 2212. WITHDRAWAL OF EXISTING RULE REGARDING HUNTING AND TRAPPING 
              IN ALASKA.

    The Director of the National Park Service shall withdraw the final 
rule entitled ``Alaska; Hunting and Trapping in National Preserves'' 
(80 Fed. Reg. 64325 (October 23, 2015)) by not later than 30 days after 
the date of the enactment of this Act, and shall not issue a rule that 
is substantially similar to that rule.

   TITLE III--NATIONAL STRATEGIC AND CRITICAL MINERALS PRODUCTION ACT

SEC. 3001. SHORT TITLE.

    This title may be cited as the ``National Strategic and Critical 
Minerals Production Act of 2015''.

SEC. 3002. FINDINGS.

    Congress finds the following:
            (1) The industrialization of developing nations has driven 
        demand for nonfuel minerals necessary for telecommunications, 
        military technologies, healthcare technologies, and 
        conventional and renewable energy technologies.
            (2) The availability of minerals and mineral materials are 
        essential for economic growth, national security, technological 
        innovation, and the manufacturing and agricultural supply 
        chain.
            (3) The exploration, production, processing, use, and 
        recycling of minerals contribute significantly to the economic 
        well-being, security, and general welfare of the Nation.
            (4) The United States has vast mineral resources, but is 
        becoming increasingly dependent upon foreign sources of these 
        mineral materials, as demonstrated by the following:
                    (A) Twenty-five years ago the United States was 
                dependent on foreign sources for 45 nonfuel mineral 
                materials, 8 of which the United States imported 100 
                percent of the Nation's requirements, and for another 
                19 commodities the United States imported more than 50 
                percent of the Nation's needs.
                    (B) By 2014 the United States import dependence for 
                nonfuel mineral materials increased from 45 to 65 
                commodities, 19 of which the United States imported for 
                100 percent of the Nation's requirements, and an 
                additional 24 of which the United States imported for 
                more than 50 percent of the Nation's needs.
                    (C) The United States share of worldwide mineral 
                exploration dollars was 7 percent in 2014, down from 19 
                percent in the early 1990s.
                    (D) In the 2014 Ranking of Countries for Mining 
                Investment (out of 25 major mining countries), found 
                that 7- to 10-year permitting delays are the most 
                significant risk to mining projects in the United 
                States.

SEC. 3003. DEFINITIONS.

    In this title:
            (1) Strategic and critical minerals.--The term ``strategic 
        and critical minerals'' means minerals that are necessary--
                    (A) for national defense and national security 
                requirements;
                    (B) for the Nation's energy infrastructure, 
                including pipelines, refining capacity, electrical 
                power generation and transmission, and renewable energy 
                production;
                    (C) to support domestic manufacturing, agriculture, 
                housing, telecommunications, healthcare, and 
                transportation infrastructure; or
                    (D) for the Nation's economic security and balance 
                of trade.
            (2) Agency.--The term ``agency'' means any agency, 
        department, or other unit of Federal, State, local, or tribal 
        government, or Alaska Native Corporation.
            (3) Mineral exploration or mine permit.--The term ``mineral 
        exploration or mine permit'' includes--
                    (A) Bureau of Land Management and Forest Service 
                authorizations for pre-mining activities that require 
                environmental analyses pursuant to the National 
                Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
                seq.); and
                    (B) plans of operation issued by the Bureau of Land 
                Management and the Forest Service pursuant to 43 CFR 
                3809 and 36 CFR 228A or the authorities listed in 43 
                CFR 3503.13, respectively, as amended from time to 
                time.

 Subtitle A--Development of Domestic Sources of Strategic and Critical 
                                Minerals

SEC. 3011. IMPROVING DEVELOPMENT OF STRATEGIC AND CRITICAL MINERALS.

    Domestic mines that will provide strategic and critical minerals 
shall be considered an ``infrastructure project'' as described in 
Presidential order ``Improving Performance of Federal Permitting and 
Review of Infrastructure Projects'' dated March 22, 2012.

SEC. 3012. RESPONSIBILITIES OF THE LEAD AGENCY.

    (a) In General.--The lead agency with responsibility for issuing a 
mineral exploration or mine permit shall appoint a project lead within 
the lead agency who shall coordinate and consult with cooperating 
agencies and any other agency involved in the permitting process, 
project proponents and contractors to ensure that agencies minimize 
delays, set and adhere to timelines and schedules for completion of the 
permitting process, set clear permitting goals and track progress 
against those goals.
    (b) Determination Under NEPA.--
            (1) In general.--To the extent that the National 
        Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) 
        applies to the issuance of any mineral exploration or mine 
        permit, the requirements of such Act shall be deemed to have 
        been procedurally and substantively satisfied if the lead 
        agency determines that any State and/or Federal agency acting 
        pursuant to State or Federal (or both) statutory or procedural 
        authorities, has addressed or will address the following 
        factors:
                    (A) The environmental impact of the action to be 
                conducted under the permit.
                    (B) Possible adverse environmental effects of 
                actions under the permit.
                    (C) Possible alternatives to issuance of the 
                permit.
                    (D) The relationship between local long- and short-
                term uses of man's environment and the maintenance and 
                enhancement of long-term productivity.
                    (E) Any irreversible and irretrievable commitment 
                of resources that would be involved in the proposed 
                action.
                    (F) That public participation will occur during the 
                decisionmaking process for authorizing actions under 
                the permit.
            (2) Written requirement.--In reaching a determination under 
        paragraph (1), the lead agency shall, by no later than 90 days 
        after receipt of an application for the permit, in a written 
        record of decision--
                    (A) explain the rationale used in reaching its 
                determination;
                    (B) state the facts in the record that are the 
                basis for the determination; and
                    (C) show that the facts in the record could allow a 
                reasonable person to reach the same determination as 
                the lead agency did.
    (c) Coordination on Permitting Process.--The lead agency with 
responsibility for issuing a mineral exploration or mine permit shall 
enhance government coordination for the permitting process by avoiding 
duplicative reviews, minimizing paperwork, and engaging other agencies 
and stakeholders early in the process. For purposes of this subsection, 
the lead agency shall consider the following practices:
            (1) Deferring to and relying upon baseline data, analyses 
        and reviews performed by State agencies with jurisdiction over 
        the proposed project.
            (2) Conducting any consultations or reviews concurrently 
        rather than sequentially to the extent practicable and when 
        such concurrent review will expedite rather than delay a 
        decision.
    (d) Memorandum of Agency Agreement.--If requested at any time by a 
State or local planning agency, the lead agency with responsibility for 
issuing a mineral exploration or mine permit, in consultation with 
other Federal agencies with relevant jurisdiction in the environmental 
review process, may establish memoranda of agreement with the project 
sponsor, State and local governments, and other appropriate entities to 
accomplish the early coordination activities described in subsection 
(c).
    (e) Schedule for Permitting Process.--For any project for which the 
lead agency cannot make the determination described in 102(b), at the 
request of a project proponent the lead agency, cooperating agencies, 
and any other agencies involved with the mineral exploration or mine 
permitting process shall enter into an agreement with the project 
proponent that sets time limits for each part of the permitting 
process, including for the following:
            (1) The decision on whether to prepare a document required 
        under the National Environmental Policy Act of 1969 (42 U.S.C. 
        4321 et seq.).
            (2) A determination of the scope of any document required 
        under the National Environmental Policy Act of 1969.
            (3) The scope of and schedule for the baseline studies 
        required to prepare a document required under the National 
        Environmental Policy Act of 1969.
            (4) Preparation of any draft document required under the 
        National Environmental Policy Act of 1969.
            (5) Preparation of a final document required under the 
        National Environmental Policy Act of 1969.
            (6) Consultations required under applicable laws.
            (7) Submission and review of any comments required under 
        applicable law.
            (8) Publication of any public notices required under 
        applicable law.
            (9) A final or any interim decisions.
    (f) Time Limit for Permitting Process.--In no case should the total 
review process described in subsection (d) exceed 30 months unless 
extended by the signatories of the agreement.
    (g) Limitation on Addressing Public Comments.--The lead agency is 
not required to address agency or public comments that were not 
submitted during any public comment periods or consultation periods 
provided during the permitting process or as otherwise required by law.
    (h) Financial Assurance.--The lead agency will determine the amount 
of financial assurance for reclamation of a mineral exploration or 
mining site, which must cover the estimated cost if the lead agency 
were to contract with a third party to reclaim the operations according 
to the reclamation plan, including construction and maintenance costs 
for any treatment facilities necessary to meet Federal, State or tribal 
environmental standards.
    (i) Application to Existing Permit Applications.--This section 
shall apply with respect to a mineral exploration or mine permit for 
which an application was submitted before the date of the enactment of 
this Act if the applicant for the permit submits a written request to 
the lead agency for the permit. The lead agency shall begin 
implementing this section with respect to such application within 30 
days after receiving such written request.
    (j) Strategic and Critical Minerals Within National Forests.--With 
respect to strategic and critical minerals within a federally 
administered unit of the National Forest System, the lead agency 
shall--
            (1) exempt all areas of identified mineral resources in 
        Land Use Designations, other than Non-Development Land Use 
        Designations, in existence as of the date of the enactment of 
        this Act from the procedures detailed at and all rules 
        promulgated under part 294 of title 36, Code of Federal 
        Regulations;
            (2) apply such exemption to all additional routes and areas 
        that the lead agency finds necessary to facilitate the 
        construction, operation, maintenance, and restoration of the 
        areas of identified mineral resources described in paragraph 
        (1); and
            (3) continue to apply such exemptions after approval of the 
        Minerals Plan of Operations for the unit of the National Forest 
        System.

SEC. 3013. CONSERVATION OF THE RESOURCE.

    In evaluating and issuing any mineral exploration or mine permit, 
the priority of the lead agency shall be to maximize the development of 
the mineral resource, while mitigating environmental impacts, so that 
more of the mineral resource can be brought to the marketplace.

SEC. 3014. FEDERAL REGISTER PROCESS FOR MINERAL EXPLORATION AND MINING 
              PROJECTS.

    (a) Preparation of Federal Notices for Mineral Exploration and Mine 
Development Projects.--The preparation of Federal Register notices 
required by law associated with the issuance of a mineral exploration 
or mine permit shall be delegated to the organization level within the 
agency responsible for issuing the mineral exploration or mine permit. 
All Federal Register notices regarding official document availability, 
announcements of meetings, or notices of intent to undertake an action 
shall be originated and transmitted to the Federal Register from the 
office where documents are held, meetings are held, or the activity is 
initiated.
    (b) Departmental Review of Federal Register Notices for Mineral 
Exploration and Mining Projects.--Absent any extraordinary circumstance 
or except as otherwise required by any Act of Congress, each Federal 
Register notice described in subsection (a) shall undergo any required 
reviews within the Department of the Interior or the Department of 
Agriculture and be published in its final form in the Federal Register 
no later than 30 days after its initial preparation.

 Subtitle B--Judicial Review of Agency Actions Relating to Exploration 
                            and Mine Permits

SEC. 3021. DEFINITIONS FOR TITLE.

    In this subtitle the term ``covered civil action'' means a civil 
action against the Federal Government containing a claim under section 
702 of title 5, United States Code, regarding agency action affecting a 
mineral exploration or mine permit.

SEC. 3022. TIMELY FILINGS.

    A covered civil action is barred unless filed no later than the end 
of the 60-day period beginning on the date of the final Federal agency 
action to which it relates.

SEC. 3023. RIGHT TO INTERVENE.

    The holder of any mineral exploration or mine permit may intervene 
as of right in any covered civil action by a person affecting rights or 
obligations of the permit holder under the permit.

SEC. 3024. EXPEDITION IN HEARING AND DETERMINING THE ACTION.

    The court shall endeavor to hear and determine any covered civil 
action as expeditiously as possible.

SEC. 3025. LIMITATION ON PROSPECTIVE RELIEF.

    In a covered civil action, the court shall not grant or approve any 
prospective relief unless the court finds that such relief is narrowly 
drawn, extends no further than necessary to correct the violation of a 
legal requirement, and is the least intrusive means necessary to 
correct that violation.

SEC. 3026. LIMITATION ON ATTORNEYS' FEES.

    Section 504 of title 5, United States Code, and section 2412 of 
title 28, United States Code (together commonly called the Equal Access 
to Justice Act) do not apply to a covered civil action, nor shall any 
party in such a covered civil action receive payment from the Federal 
Government for their attorneys' fees, expenses, and other court costs.

                  Subtitle C--Miscellaneous Provisions

SEC. 3031. SECRETARIAL ORDER NOT AFFECTED.

    This title shall not apply to any mineral described in Secretarial 
Order No. 3324, issued by the Secretary of the Interior on December 3, 
2012, in any area to which the order applies.

                  TITLE IV--NATIVE AMERICAN ENERGY ACT

SEC. 4001. SHORT TITLE.

    This title may be cited as the ``Native American Energy Act''.

SEC. 4002. APPRAISALS.

    (a) Amendment.--Title XXVI of the Energy Policy Act of 1992 (25 
U.S.C. 3501 et seq.) is amended by adding at the end the following:

``SEC. 2607. APPRAISAL REFORMS.

    ``(a) Options to Indian Tribes.--With respect to a transaction 
involving Indian land or the trust assets of an Indian tribe that 
requires the approval of the Secretary, any appraisal relating to fair 
market value required to be conducted under applicable law, regulation, 
or policy may be completed by--
            ``(1) the Secretary;
            ``(2) the affected Indian tribe; or
            ``(3) a certified, third-party appraiser pursuant to a 
        contract with the Indian tribe.
    ``(b) Time Limit on Secretarial Review and Action.--Not later than 
30 days after the date on which the Secretary receives an appraisal 
conducted by or for an Indian tribe pursuant to paragraphs (2) or (3) 
of subsection (a), the Secretary shall--
            ``(1) review the appraisal; and
            ``(2) provide to the Indian tribe a written notice of 
        approval or disapproval of the appraisal.
    ``(c) Failure of Secretary To Approve or Disapprove.--If, after 60 
days, the Secretary has failed to approve or disapprove any appraisal 
received, the appraisal shall be deemed approved.
    ``(d) Option to Indian Tribes To Waive Appraisal.--
            ``(1) An Indian tribe wishing to waive the requirements of 
        subsection (a), may do so after it has satisfied the 
        requirements of paragraphs (2) and (3).
            ``(2) An Indian tribe wishing to forego the necessity of a 
        waiver pursuant to this section must provide to the Secretary a 
        written resolution, statement, or other unambiguous indication 
        of tribal intent, duly approved by the governing body of the 
        Indian tribe.
            ``(3) The unambiguous indication of intent provided by the 
        Indian tribe to the Secretary under paragraph (2) must include 
        an express waiver by the Indian tribe of any claims for damages 
        it might have against the United States as a result of the lack 
        of an appraisal undertaken.
    ``(e) Definition.--For purposes of this subsection, the term 
`appraisal' includes appraisals and other estimates of value.
    ``(f) Regulations.--The Secretary shall develop regulations for 
implementing this section, including standards the Secretary shall use 
for approving or disapproving an appraisal.''.
    (b) Conforming Amendment.--The table of contents of the Energy 
Policy Act of 1992 (42 U.S.C. 13201 note) is amended by adding at the 
end of the items relating to title XXVI the following:

``Sec. 2607. Appraisal reforms.''.

SEC. 4003. STANDARDIZATION.

    As soon as practicable after the date of the enactment of this Act, 
the Secretary of the Interior shall implement procedures to ensure that 
each agency within the Department of the Interior that is involved in 
the review, approval, and oversight of oil and gas activities on Indian 
lands shall use a uniform system of reference numbers and tracking 
systems for oil and gas wells.

SEC. 4004. ENVIRONMENTAL REVIEWS OF MAJOR FEDERAL ACTIONS ON INDIAN 
              LANDS.

    Section 102 of the National Environmental Policy Act of 1969 (42 
U.S.C. 4332) is amended by inserting ``(a) In General.--'' before the 
first sentence, and by adding at the end the following:
    ``(b) Review of Major Federal Actions on Indian Lands.--
            ``(1) Review and comment.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), the statement required under 
                subsection (a)(2)(C) for a major Federal action 
                regarding an activity on Indian lands of an Indian 
                tribe shall only be available for review and comment by 
                the members of the Indian tribe, other individuals 
                residing within the affected area, and State, federally 
                recognized tribal, and local governments within the 
                affected area.
                    ``(B) Exception.--Subparagraph (A) shall not apply 
                to a statement for a major Federal action regarding an 
                activity on Indian lands of an Indian tribe related to 
                gaming under the Indian Gaming Regulatory Act.
            ``(2) Regulations.--The Chairman of the Council on 
        Environmental Quality shall develop regulations to implement 
        this section, including descriptions of affected areas for 
        specific major Federal actions, in consultation with Indian 
        tribes.
            ``(3) Definitions.--In this subsection, each of the terms 
        `Indian land' and `Indian tribe' has the meaning given that 
        term in section 2601 of the Energy Policy Act of 1992 (25 
        U.S.C. 3501).
            ``(4) Clarification of authority.--Nothing in the Native 
        American Energy Act, except section 6 of that Act, shall give 
        the Secretary any additional authority over energy projects on 
        Alaska Native Claims Settlement Act lands.''.

SEC. 4005. JUDICIAL REVIEW.

    (a) Time for Filing Complaint.--Any energy related action must be 
filed not later than the end of the 60-day period beginning on the date 
of the final agency action. Any energy related action not filed within 
this time period shall be barred.
    (b) District Court Venue and Deadline.--All energy related 
actions--
            (1) shall be brought in the United States District Court 
        for the District of Columbia; and
            (2) shall be resolved as expeditiously as possible, and in 
        any event not more than 180 days after such cause of action is 
        filed.
    (c) Appellate Review.--An interlocutory order or final judgment, 
decree or order of the district court in an energy related action may 
be reviewed by the United States Court of Appeals for the District of 
Columbia Circuit. The District of Columbia Circuit Court of Appeals 
shall resolve such appeal as expeditiously as possible, and in any 
event not more than 180 days after such interlocutory order or final 
judgment, decree or order of the district court was issued.
    (d) Limitation on Certain Payments.--Notwithstanding section 1304 
of title 31, United States Code, no award may be made under section 504 
of title 5, United States Code, or under section 2412 of title 28, 
United States Code, and no amounts may be obligated or expended from 
the Claims and Judgment Fund of the United States Treasury to pay any 
fees or other expenses under such sections, to any person or party in 
an energy related action.
    (e) Legal Fees.--In any energy related action in which the 
plaintiff does not ultimately prevail, the court shall award to the 
defendant (including any intervenor-defendants), other than the United 
States, fees and other expenses incurred by that party in connection 
with the energy related action, unless the court finds that the 
position of the plaintiff was substantially justified or that special 
circumstances make an award unjust. Whether or not the position of the 
plaintiff was substantially justified shall be determined on the basis 
of the administrative record, as a whole, which is made in the energy 
related action for which fees and other expenses are sought.
    (f) Definitions.--For the purposes of this section, the following 
definitions apply:
            (1) Agency action.--The term ``agency action'' has the same 
        meaning given such term in section 551 of title 5, United 
        States Code.
            (2) Indian land.--The term ``Indian Land'' has the same 
        meaning given such term in section 203(c)(3) of the Energy 
        Policy Act of 2005 (Public Law 109-58; 25 U.S.C. 3501), 
        including lands owned by Native Corporations under the Alaska 
        Native Claims Settlement Act (Public Law 92-203; 43 U.S.C. 
        1601).
            (3) Energy related action.--The term ``energy related 
        action'' means a cause of action that--
                    (A) is filed on or after the effective date of this 
                Act; and
                    (B) seeks judicial review of a final agency action 
                to issue a permit, license, or other form of agency 
                permission allowing:
                            (i) any person or entity to conduct 
                        activities on Indian Land, which activities 
                        involve the exploration, development, 
                        production or transportation of oil, gas, coal, 
                        shale gas, oil shale, geothermal resources, 
                        wind or solar resources, underground coal 
                        gasification, biomass, or the generation of 
                        electricity; or
                            (ii) any Indian Tribe, or any organization 
                        of two or more entities, at least one of which 
                        is an Indian tribe, to conduct activities 
                        involving the exploration, development, 
                        production or transportation of oil, gas, coal, 
                        shale gas, oil shale, geothermal resources, 
                        wind or solar resources, underground coal 
                        gasification, biomass, or the generation of 
                        electricity, regardless of where such 
                        activities are undertaken.
            (4) Ultimately prevail.--The phrase ``ultimately prevail'' 
        means, in a final enforceable judgment, the court rules in the 
        party's favor on at least one cause of action which is an 
        underlying rationale for the preliminary injunction, 
        administrative stay, or other relief requested by the party, 
        and does not include circumstances where the final agency 
        action is modified or amended by the issuing agency unless such 
        modification or amendment is required pursuant to a final 
        enforceable judgment of the court or a court-ordered consent 
        decree.

SEC. 4006. TRIBAL BIOMASS DEMONSTRATION PROJECT.

    The Tribal Forest Protection Act of 2004 is amended by inserting 
after section 2 (25 U.S.C. 3115a) the following:

``SEC. 3. TRIBAL BIOMASS DEMONSTRATION PROJECT.

    ``(a) In General.--For each of fiscal years 2016 through 2020, the 
Secretary shall enter into stewardship contracts or other agreements, 
other than agreements that are exclusively direct service contracts, 
with Indian tribes to carry out demonstration projects to promote 
biomass energy production (including biofuel, heat, and electricity 
generation) on Indian forest land and in nearby communities by 
providing reliable supplies of woody biomass from Federal land.
    ``(b) Definitions.--The definitions in section 2 shall apply to 
this section.
    ``(c) Demonstration Projects.--In each fiscal year for which 
projects are authorized, the Secretary shall enter into contracts or 
other agreements described in subsection (a) to carry out at least 4 
new demonstration projects that meet the eligibility criteria described 
in subsection (d).
    ``(d) Eligibility Criteria.--To be eligible to enter into a 
contract or other agreement under this subsection, an Indian tribe 
shall submit to the Secretary an application--
            ``(1) containing such information as the Secretary may 
        require; and
            ``(2) that includes a description of--
                    ``(A) the Indian forest land or rangeland under the 
                jurisdiction of the Indian tribe; and
                    ``(B) the demonstration project proposed to be 
                carried out by the Indian tribe.
    ``(e) Selection.--In evaluating the applications submitted under 
subsection (c), the Secretary--
            ``(1) shall take into consideration the factors set forth 
        in paragraphs (1) and (2) of section 2(e) of Public Law 108-
        278; and whether a proposed demonstration project would--
                    ``(A) increase the availability or reliability of 
                local or regional energy;
                    ``(B) enhance the economic development of the 
                Indian tribe;
                    ``(C) improve the connection of electric power 
                transmission facilities serving the Indian tribe with 
                other electric transmission facilities;
                    ``(D) improve the forest health or watersheds of 
                Federal land or Indian forest land or rangeland; or
                    ``(E) otherwise promote the use of woody biomass; 
                and
            ``(2) shall exclude from consideration any merchantable 
        logs that have been identified by the Secretary for commercial 
        sale.
    ``(f) Implementation.--The Secretary shall--
            ``(1) ensure that the criteria described in subsection (c) 
        are publicly available by not later than 120 days after the 
        date of enactment of this section; and
            ``(2) to the maximum extent practicable, consult with 
        Indian tribes and appropriate intertribal organizations likely 
        to be affected in developing the application and otherwise 
        carrying out this section.
    ``(g) Report.--Not later than one year subsequent to the date of 
enactment of this section, the Secretary shall submit to Congress a 
report that describes, with respect to the reporting period--
            ``(1) each individual tribal application received under 
        this section; and
            ``(2) each contract and agreement entered into pursuant to 
        this section.
    ``(h) Incorporation of Management Plans.--In carrying out a 
contract or agreement under this section, on receipt of a request from 
an Indian tribe, the Secretary shall incorporate into the contract or 
agreement, to the extent practicable, management plans (including 
forest management and integrated resource management plans) in effect 
on the Indian forest land or rangeland of the respective Indian tribe.
    ``(i) Term.--A stewardship contract or other agreement entered into 
under this section--
            ``(1) shall be for a term of not more than 20 years; and
            ``(2) may be renewed in accordance with this section for 
        not more than an additional 10 years.

``SEC. 4. TRIBAL FOREST MANAGEMENT DEMONSTRATION PROJECT.

    ``The Secretary of the Interior and the Secretary of Agriculture 
may carry out demonstration projects by which federally recognized 
Indian tribes or tribal organizations may contract to perform 
administrative, management, and other functions of programs of the 
Tribal Forest Protection Act of 2004 (25 U.S.C. 3115a et seq.) through 
contracts entered into under the Indian Self-Determination and 
Education Assistance Act (25 U.S.C. 450 et seq.).''.

SEC. 4007. TRIBAL RESOURCE MANAGEMENT PLANS.

    Unless otherwise explicitly exempted by Federal law enacted after 
the date of the enactment of this Act, any activity conducted or 
resources harvested or produced pursuant to a tribal resource 
management plan or an integrated resource management plan approved by 
the Secretary of the Interior under the National Indian Forest 
Resources Management Act (25 U.S.C. 3101 et seq.) or the American 
Indian Agricultural Resource Management Act (25 U.S.C. 3701 et seq.), 
shall be considered a sustainable management practice for purposes of 
any Federal standard, benefit, or requirement that requires a 
demonstration of such sustainability.

SEC. 4008. LEASES OF RESTRICTED LANDS FOR THE NAVAJO NATION.

    Subsection (e)(1) of the first section of the Act of August 9, 1955 
(25 U.S.C. 415(e)(1); commonly referred to as the ``Long-Term Leasing 
Act''), is amended--
            (1) by striking ``, except a lease for'' and inserting ``, 
        including leases for'';
            (2) in subparagraph (A), by striking ``25'' the first place 
        it appears and all that follows and inserting ``99 years;'';
            (3) in subparagraph (B), by striking the period and 
        inserting ``; and''; and
            (4) by adding at the end the following:
            ``(C) in the case of a lease for the exploration, 
        development, or extraction of mineral resources, including 
        geothermal resources, 25 years, except that any such lease may 
        include an option to renew for one additional term not to 
        exceed 25 years.''.

SEC. 4009. NONAPPLICABILITY OF CERTAIN RULES.

    No rule promulgated by the Department of the Interior regarding 
hydraulic fracturing used in the development or production of oil or 
gas resources shall have any effect on any land held in trust or 
restricted status for the benefit of Indians except with the express 
consent of the beneficiary on whose behalf such land is held in trust 
or restricted status.

             TITLE V--NORTHPORT IRRIGATION EARLY REPAYMENT

SEC. 5001. EARLY REPAYMENT OF CONSTRUCTION COSTS.

    (a) In General.--Notwithstanding section 213 of the Reclamation 
Reform Act of 1982 (43 U.S.C. 390mm), any landowner within the 
Northport Irrigation District in the State of Nebraska (referred to in 
this section as the ``District'') may repay, at any time, the 
construction costs of project facilities allocated to the landowner's 
land within the District.
    (b) Applicability of Full-Cost Pricing Limitations.--On discharge, 
in full, of the obligation for repayment of all construction costs 
described in subsection (a) that are allocated to all land the 
landowner owns in the District in question, the parcels of land shall 
not be subject to the ownership and full-cost pricing limitations under 
Federal reclamation law (the Act of June 17, 1902, 32 Stat. 388, 
chapter 1093), and Acts supplemental to and amendatory of that Act (43 
U.S.C. 371 et seq.), including the Reclamation Reform Act of 1982 (13 
U.S.C. 390aa et seq.).
    (c) Certification.--On request of a landowner that has repaid, in 
full, the construction costs described in subsection (a), the Secretary 
of the Interior shall provide to the landowner a certificate described 
in section 213(b)(1) of the Reclamation Reform Act of 1982 (43 U.S.C. 
390mm(b)(1)).
    (d) Effect.--Nothing in this section--
            (1) modifies any contractual rights under, or amends or 
        reopens, the reclamation contract between the District and the 
        United States; or
            (2) modifies any rights, obligations, or relationships 
        between the District and landowners in the District under 
        Nebraska State law.

 TITLE VI--OCMULGEE MOUNDS NATIONAL HISTORICAL PARK BOUNDARY REVISION 
                                  ACT

SEC. 6001. SHORT TITLE.

    This title may be cited as the ``Ocmulgee Mounds National 
Historical Park Boundary Revision Act of 2016''.

SEC. 6002. DEFINITIONS.

    In this Act:
            (1) Map.--The term ``map'' means the map entitled 
        ``Ocmulgee National Monument Proposed Boundary Adjustment, 
        numbered 363/125996'', and dated January 2016.
            (2) Historical park.--The term ``Historical Park'' means 
        the Ocmulgee Mounds National Historical Park in the State of 
        Georgia, as redesignated in section 6003.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.

SEC. 6003. OCMULGEE MOUNDS NATIONAL HISTORICAL PARK.

    (a) Redesignation.--Ocmulgee National Monument, established 
pursuant to the Act of June 14, 1934 (48 Stat. 958), shall be known and 
designated as ``Ocmulgee Mounds National Historical Park''.
    (b) References.--Any reference in a law, map, regulation, document, 
paper, or other record of the United States to ``Ocmulgee National 
Monument'', other than in this Act, shall be deemed to be a reference 
to ``Ocmulgee Mounds National Historical Park''.

SEC. 6004. BOUNDARY ADJUSTMENT.

    (a) In General.--The boundary of the Historical Park is revised to 
include approximately 2,100 acres, as generally depicted on the map.
    (b) Availability of Map.--The map shall be on file and available 
for public inspection in the appropriate offices of the National Park 
Service, the Department of the Interior.

SEC. 6005. LAND ACQUISITION; NO BUFFER ZONES.

    (a) Land Acquisition.--The Secretary is authorized to acquire land 
and interests in land within the boundaries of the Historical Park by 
donation or exchange only (and in the case of an exchange, no payment 
may be made by the Secretary to any landowner). The Secretary may not 
acquire by condemnation any land or interest in land within the 
boundaries of the Historical Park. No private property or non-Federal 
public property shall be included within the boundaries of the 
Historical Park without the written consent of the owner of such 
property.
    (b) No Buffer Zones.--Nothing in this Act, the establishment of the 
Historical Park, or the management of the Historical Park shall be 
construed to create buffer zones outside of the Historical Park. That 
an activity or use can be seen or heard from within the Historical Park 
shall not preclude the conduct of that activity or use outside the 
Historical Park.

SEC. 6006. ADMINISTRATION.

    The Secretary shall administer any land acquired under section 6005 
as part of the Historical Park in accordance with applicable laws and 
regulations.

SEC. 6007. OCMULGEE RIVER CORRIDOR SPECIAL RESOURCE STUDY.

    (a) In General.--The Secretary shall conduct a special resource 
study of the Ocmulgee River corridor between the cities of Macon, 
Georgia, and Hawkinsville, Georgia, to determine--
            (1) the national significance of the study area;
            (2) the suitability and feasibility of adding lands in the 
        study area to the National Park System; and
            (3) the methods and means for the protection and 
        interpretation of the study area by the National Park Service, 
        other Federal, State, local government entities, affiliated 
        federally recognized Indian tribes, or private or nonprofit 
        organizations.
    (b) Criteria.--The Secretary shall conduct the study authorized by 
this Act in accordance with section 100507 of title 54, United States 
Code.
    (c) Results of Study.--Not later than 3 years after the date on 
which funds are made available to carry out this section, the Secretary 
shall submit to the Committee on Natural Resources of the House of 
Representatives and the Committee on Energy and Natural Resources of 
the Senate--
            (1) the results of the study; and
            (2) any findings, conclusions, and recommendations of the 
        Secretary.

                TITLE VII--MEDGAR EVERS HOUSE STUDY ACT

SEC. 7001. SHORT TITLE.

    This title may be cited as the ``Medgar Evers House Study Act''.

SEC. 7002. SPECIAL RESOURCE STUDY.

    (a) Study.--The Secretary of the Interior shall conduct a special 
resource study of the home of the late civil rights activist Medgar 
Evers, located at 2332 Margaret Walker Alexander Drive in Jackson, 
Mississippi.
    (b) Contents.--In conducting the study under subsection (a), the 
Secretary shall--
            (1) evaluate the national significance of the site;
            (2) determine the suitability and feasibility of 
        designating the site as a unit of the National Park System;
            (3) consider other alternatives for preservation, 
        protection, and interpretation of the site by Federal, State, 
        or local governmental entities, or private and nonprofit 
        organizations;
            (4) consult with interested Federal, State, or local 
        governmental entities, private and nonprofit organizations or 
        any other interested individuals;
            (5) determine the effect of the designation of the site as 
        a unit of the National Park System on existing commercial and 
        recreational uses, and the effect on State and local 
        governments to manage those activities;
            (6) identify any authorities, including condemnation, that 
        will compel or permit the Secretary to influence or participate 
        in local land use decisions (such as zoning) or place 
        restrictions on non-Federal land if the site is designated a 
        unit of the National Park System; and
            (7) identify cost estimates for any Federal acquisition, 
        development, interpretation, operation, and maintenance 
        associated with the alternatives.
    (c) Applicable Law.--The study required under subsection (a) shall 
be conducted in accordance with section 100507 of title 54, United 
States Code.
    (d) Study Results.--Not later than 3 years after the date on which 
funds are first made available for the study under subsection (a), the 
Secretary shall submit to the Committee on Natural Resources of the 
House of Representatives and the Committee on Energy and Natural 
Resources of the Senate the results of the study and any conclusions 
and recommendations of the Secretary.

               TITLE VIII--SKY POINT MOUNTAIN DESIGNATION

SEC. 8001. FINDINGS.

    Congress finds the following:
            (1) Staff Sergeant Sky Mote, USMC, grew up in El Dorado, 
        California.
            (2) Staff Sergeant Mote graduated from Union Mine High 
        School.
            (3) Upon graduation, Staff Sergeant Mote promptly enlisted 
        in the Marine Corps.
            (4) Staff Sergeant Mote spent 9 years serving his country 
        in the United States Marine Corps, including a deployment to 
        Iraq and two deployments to Afghanistan.
            (5) By his decisive actions, heroic initiative, and 
        resolute dedication to duty, Staff Sergeant Mote gave his life 
        to protect fellow Marines on August 10, 2012, by gallantly 
        rushing into action during an attack by a rogue Afghan 
        policeman inside the base perimeter in Helmand province.
            (6) Staff Sergeant Mote was awarded the Navy Cross, a 
        Purple Heart, the Navy-Marine Corps Commendation Medal, a Navy-
        Marine Corps Achievement Medal, two Combat Action Ribbons, and 
        three Good Conduct Medals.
            (7) The Congress of the United States, in acknowledgment of 
        this debt that cannot be repaid, honors Staff Sergeant Mote for 
        his ultimate sacrifice and recognizes his service to his 
        country, faithfully executed to his last, full measure of 
        devotion.
            (8) A presently unnamed peak in the center of Humphrey 
        Basin holds special meaning to the friends and family of Sky 
        Mote, as their annual hunting trips set up camp beneath this 
        point; under the stars, the memories made beneath this rounded 
        peak will be cherished forever.

SEC. 8002. SKY POINT.

    (a) Designation.--The mountain in the John Muir Wilderness of the 
Sierra National Forest in California, located at 3715'16.10091"N 
11843'39.54102"W, shall be known and designated as ``Sky Point''.
    (b) References.--Any reference in a law, map, regulation, document, 
record, or other paper of the United States to the mountain described 
in subsection (a) shall be considered to be a reference to ``Sky 
Point''.

               TITLE IX--CHIEF STANDING BEAR TRAIL STUDY

SEC. 9001. CHIEF STANDING BEAR NATIONAL HISTORIC TRAIL FEASIBILITY 
              STUDY.

    Section 5(c) of the National Trails System Act (16 U.S.C. 1244(c)) 
is amended by adding at the end the following:
            ``(46) Chief standing bear national historic trail.--
                    ``(A) In general.--The Chief Standing Bear Trail, 
                extending approximately 550 miles from Niobrara, 
                Nebraska, to Ponca City, Oklahoma, which follows the 
                route taken by Chief Standing Bear and the Ponca people 
                during Federal Indian removal, and approximately 550 
                miles from Ponca City, Oklahoma, through Omaha, 
                Nebraska, to Niobrara, Nebraska, which follows the 
                return route taken by Chief Standing Bear and the Ponca 
                people, as generally depicted on the map entitled 
                `Chief Standing Bear National Historic Trail 
                Feasibility Study', numbered 903/125,630, and dated 
                November 2014.
                    ``(B) Availability of map.--The map described in 
                subparagraph (A) shall be on file and available for 
                public inspection in the appropriate offices of the 
                Department of the Interior.
                    ``(C) Components.--The feasibility study conducted 
                under subparagraph (A) shall include a determination on 
                whether the Chief Standing Bear Trail meets the 
                criteria described in subsection (b) for designation as 
                a national historic trail.
                    ``(D) Considerations.--In conducting the 
                feasibility study under subparagraph (A), the Secretary 
                of the Interior shall consider input from owners of 
                private land within or adjacent to the study area.''.

        TITLE X--JOHN MUIR NATIONAL HISTORIC SITE EXPANSION ACT

SEC. 10001. SHORT TITLE.

     This title may be cited as the ``John Muir National Historic Site 
Expansion Act''.

SEC. 10002. JOHN MUIR NATIONAL HISTORIC SITE LAND ACQUISITION.

    (a) Acquisition.--The Secretary of the Interior may acquire by 
donation the approximately 44 acres of land, and interests in such 
land, that are identified on the map entitled ``John Muir National 
Historic Site Proposed Boundary Expansion'', numbered 426/127150, and 
dated November, 2014.
    (b) Boundary.--Upon the acquisition of the land authorized by 
subsection (a), the Secretary of the Interior shall adjust the 
boundaries of the John Muir Historic Site in Martinez, California, to 
include the land identified on the map referred to in subsection (a).
    (c) Administration.--The land and interests in land acquired under 
subsection (a) shall be administered as part of the John Muir National 
Historic Site established by the Act of August 31, 1964 (Public Law 88-
547; 78 Stat. 753; 16 U.S.C. 461 note).

       TITLE XI--ARAPAHO NATIONAL FOREST BOUNDARY ADJUSTMENT ACT

SEC. 11001. SHORT TITLE.

    This title may be cited as the ``Arapaho National Forest Boundary 
Adjustment Act of 2015''.

SEC. 11002. ARAPAHO NATIONAL FOREST BOUNDARY ADJUSTMENT.

    (a) In General.--The boundary of the Arapaho National Forest in the 
State of Colorado is adjusted to incorporate the approximately 92.95 
acres of land generally depicted as ``The Wedge'' on the map entitled 
``Arapaho National Forest Boundary Adjustment'' and dated November 6, 
2013, and described as lots three, four, eight, and nine of section 13, 
Township 4 North, Range 76 West, Sixth Principal Meridian, Colorado. A 
lot described in this subsection may be included in the boundary 
adjustment only after the Secretary of Agriculture obtains written 
permission for such action from the lot owner or owners.
    (b) Bowen Gulch Protection Area.--The Secretary of Agriculture 
shall include all Federal land within the boundary described in 
subsection (a) in the Bowen Gulch Protection Area established under 
section 6 of the Colorado Wilderness Act of 1993 (16 U.S.C. 539j).
    (c) Land and Water Conservation Fund.--For purposes of section 
200306(a)(2)(B)(i) of title 54, United States Code, the boundaries of 
the Arapaho National Forest, as modified under subsection (a), shall be 
considered to be the boundaries of the Arapaho National Forest as in 
existence on January 1, 1965.
    (d) Public Motorized Use.--Nothing in this Act opens privately 
owned lands within the boundary described in subsection (a) to public 
motorized use.
    (e) Access to Non-Federal Lands.--Notwithstanding the provisions of 
section 6(f) of the Colorado Wilderness Act of 1993 (16 U.S.C. 539j(f)) 
regarding motorized travel, the owners of any non-Federal lands within 
the boundary described in subsection (a) who historically have accessed 
their lands through lands now or hereafter owned by the United States 
within the boundary described in subsection (a) shall have the 
continued right of motorized access to their lands across the existing 
roadway.

TITLE XII--PRESERVATION RESEARCH AT INSTITUTIONS SERVING MINORITIES ACT

SEC. 12001. SHORT TITLE.

    This title may be cited as the ``Preservation Research at 
Institutions Serving Minorities Act'' or the ``PRISM Act''.

SEC. 12002. ELIGIBILITY OF HISPANIC-SERVING INSTITUTIONS AND ASIAN 
              AMERICAN AND NATIVE AMERICAN PACIFIC ISLANDER-SERVING 
              INSTITUTIONS FOR ASSISTANCE FOR PRESERVATION EDUCATION 
              AND TRAINING PROGRAMS.

    Section 303903(3) of title 54, United States Code, is amended by 
inserting ``to Hispanic-serving institutions (as defined in section 
502(a) of the Higher Education Act of 1965 (20 U.S.C. 1101a(a))) and 
Asian American and Native American Pacific Islander-serving 
institutions (as defined in section 320(b) of the Higher Education Act 
of 1965 (20 U.S.C. 1059g(b))),'' after ``universities,''.

 TITLE XIII--ELKHORN RANCH AND WHITE RIVER NATIONAL FOREST CONVEYANCE 
                                  ACT

SEC. 13001. SHORT TITLE.

    This title may be cited as the ``Elkhorn Ranch and White River 
National Forest Conveyance Act of 2015''.

SEC. 13002. LAND CONVEYANCE, ELKHORN RANCH AND WHITE RIVER NATIONAL 
              FOREST, COLORADO.

    (a) Land Conveyance Required.--Consistent with the purpose of the 
Act of March 3, 1909 (43 U.S.C. 772), all right, title, and interest of 
the United States (subject to subsection (b)) in and to a parcel of 
land consisting of approximately 148 acres as generally depicted on the 
map entitled ``Elkhorn Ranch Land Parcel-White River National Forest'' 
and dated March 2015 shall be conveyed by patent to the Gordman-
Leverich Partnership, a Colorado Limited Liability Partnership (in this 
section referred to as ``GLP'').
    (b) Existing Rights.--The conveyance under subsection (a)--
            (1) is subject to the valid existing rights of the lessee 
        of Federal oil and gas lease COC-75070 and any other valid 
        existing rights; and
            (2) shall reserve to the United States the right to collect 
        rent and royalty payments on the lease referred to in paragraph 
        (1) for the duration of the lease.
    (c) Existing Boundaries.--The conveyance under subsection (a) does 
not modify the exterior boundary of the White River National Forest or 
the boundaries of Sections 18 and 19 of Township 7 South, Range 93 
West, Sixth Principal Meridian, Colorado, as such boundaries are in 
effect on the date of the enactment of this Act.
    (d) Time for Conveyance; Payment of Costs.--The conveyance directed 
under subsection (a) shall be completed not later than 180 days after 
the date of the enactment of this Act. The conveyance shall be without 
consideration, except that all costs incurred by the Secretary of the 
Interior relating to any survey, platting, legal description, or other 
activities carried out to prepare and issue the patent shall be paid by 
GLP to the Secretary prior to the land conveyance.

         TITLE XIV--NATIONAL LIBERTY MEMORIAL CLARIFICATION ACT

SEC. 14001. SHORT TITLE.

    This title may be cited as the ``National Liberty Memorial 
Clarification Act of 2015''.

SEC. 14002. COMPLIANCE WITH CERTAIN STANDARDS FOR COMMEMORATIVE WORKS 
              IN ESTABLISHMENT OF NATIONAL LIBERTY MEMORIAL.

    Section 2860(c) of the Military Construction Authorization Act for 
Fiscal Year 2013 (division B of Public Law 112-239; 40 U.S.C. 8903 
note) is amended by striking the period at the end and inserting the 
following: ``, except that, under subsections (a)(2) and (b) of section 
8905, the Secretary of Agriculture, rather than the Secretary of the 
Interior or the Administrator of General Services, shall be responsible 
for the consideration of site and design proposals and the submission 
of such proposals on behalf of the sponsor to the Commission of Fine 
Arts and National Capital Planning Commission.''.

              TITLE XV--CRAGS, COLORADO LAND EXCHANGE ACT

SEC. 15001. SHORT TITLE.

    This title may be cited as the ``Crags, Colorado Land Exchange Act 
of 2015''.

SEC. 15002. PURPOSES.

    The purposes of this title are--
            (1) to authorize, direct, expedite, and facilitate the land 
        exchange set forth herein; and
            (2) to promote enhanced public outdoor recreational and 
        natural resource conservation opportunities in the Pike 
        National Forest near Pikes Peak, Colorado, via acquisition of 
        the non-Federal land and trail easement.

SEC. 15003. DEFINITIONS.

    In this Act:
            (1) BHI.--The term ``BHI'' means Broadmoor Hotel, Inc., a 
        Colorado corporation.
            (2) Federal land.--The term ``Federal land'' means all 
        right, title, and interest of the United States in and to 
        approximately 83 acres of land within the Pike National Forest, 
        El Paso County, Colorado, together with a non-exclusive 
        perpetual access easement to BHI to and from such land on 
        Forest Service Road 371, as generally depicted on the map 
        entitled ``Proposed Crags Land Exchange-Federal Parcel-Emerald 
        Valley Ranch'', dated March 2015.
            (3) Non-federal land.--The term ``non-Federal land'' means 
        the land and trail easement to be conveyed to the Secretary by 
        BHI in the exchange and is--
                    (A) approximately 320 acres of land within the Pike 
                National Forest, Teller County, Colorado, as generally 
                depicted on the map entitled ``Proposed Crags Land 
                Exchange-Non-Federal Parcel-Crags Property'', dated 
                March 2015; and
                    (B) a permanent trail easement for the Barr Trail 
                in El Paso County, Colorado, as generally depicted on 
                the map entitled ``Proposed Crags Land Exchange-Barr 
                Trail Easement to United States'', dated March 2015, 
                and which shall be considered as a voluntary donation 
                to the United States by BHI for all purposes of law.
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture, unless otherwise specified.

SEC. 15004. LAND EXCHANGE.

    (a) In General.--If BHI offers to convey to the Secretary all 
right, title, and interest of BHI in and to the non-Federal land, the 
Secretary shall accept the offer and simultaneously convey to BHI the 
Federal land.
    (b) Land Title.--Title to the non-Federal land conveyed and donated 
to the Secretary under this Act shall be acceptable to the Secretary 
and shall conform to the title approval standards of the Attorney 
General of the United States applicable to land acquisitions by the 
Federal Government.
    (c) Perpetual Access Easement to BHI.--The nonexclusive perpetual 
access easement to be granted to BHI as shown on the map referred to in 
section 15003(2) shall allow--
            (1) BHI to fully maintain, at BHI's expense, and use Forest 
        Service Road 371 from its junction with Forest Service Road 368 
        in accordance with historic use and maintenance patterns by 
        BHI; and
            (2) full and continued public and administrative access and 
        use of FSR 371 in accordance with the existing Forest Service 
        travel management plan, or as such plan may be revised by the 
        Secretary.
    (d) Route and Condition of Road.--BHI and the Secretary may 
mutually agree to improve, relocate, reconstruct, or otherwise alter 
the route and condition of all or portions of such road as the 
Secretary, in close consultation with BHI, may determine advisable.
    (e) Exchange Costs.--BHI shall pay for all land survey, appraisal, 
and other costs to the Secretary as may be necessary to process and 
consummate the exchange directed by this Act, including reimbursement 
to the Secretary, if the Secretary so requests, for staff time spent in 
such processing and consummation.

SEC. 15005. EQUAL VALUE EXCHANGE AND APPRAISALS.

    (a) Appraisals.--The values of the lands to be exchanged under this 
Act shall be determined by the Secretary through appraisals performed 
in accordance with--
            (1) the Uniform Appraisal Standards for Federal Land 
        Acquisitions;
            (2) the Uniform Standards of Professional Appraisal 
        Practice;
            (3) appraisal instructions issued by the Secretary; and
            (4) shall be performed by an appraiser mutually agreed to 
        by the Secretary and BHI.
    (b) Equal Value Exchange.--The values of the Federal and non-
Federal land parcels exchanged shall be equal, or if they are not 
equal, shall be equalized as follows:
            (1) Surplus of federal land value.--If the final appraised 
        value of the Federal land exceeds the final appraised value of 
        the non-Federal land parcel identified in section 15003(3)(A), 
        BHI shall make a cash equalization payment to the United States 
        as necessary to achieve equal value, including, if necessary, 
        an amount in excess of that authorized pursuant to section 
        206(b) of the Federal Land Policy and Management Act of l976 
        (43 U.S.C. 1716(b)).
            (2) Use of funds.--Any cash equalization moneys received by 
        the Secretary under paragraph (1) shall be--
                    (A) deposited in the fund established under Public 
                Law 90-171 (commonly known as the ``Sisk Act''; 16 
                U.S.C. 484a); and
                    (B) made available to the Secretary for the 
                acquisition of land or interests in land in Region 2 of 
                the Forest Service.
            (3) Surplus of non-federal land value.--If the final 
        appraised value of the non-Federal land parcel identified in 
        section 15003(3)(A) exceeds the final appraised value of the 
        Federal land, the United States shall not make a cash 
        equalization payment to BHI, and surplus value of the non-
        Federal land shall be considered a donation by BHI to the 
        United States for all purposes of law.
    (c) Appraisal Exclusions.--
            (1) Special use permit.--The appraised value of the Federal 
        land parcel shall not reflect any increase or diminution in 
        value due to the special use permit existing on the date of the 
        enactment of this Act to BHI on the parcel and improvements 
        thereunder.
            (2) Barr trail easement.--The Barr Trail easement donation 
        identified in section 15003(3)(B) shall not be appraised for 
        purposes of this Act.

SEC. 15006. MISCELLANEOUS PROVISIONS.

    (a) Withdrawal Provisions.--
            (1) Withdrawal.--Lands acquired by the Secretary under this 
        Act shall, without further action by the Secretary, be 
        permanently withdrawn from all forms of appropriation and 
        disposal under the public land laws (including the mining and 
        mineral leasing laws) and the Geothermal Steam Act of 1930 (30 
        U.S.C. 1001 et seq.).
            (2) Withdrawal revocation.--Any public land order that 
        withdraws the Federal land from appropriation or disposal under 
        a public land law shall be revoked to the extent necessary to 
        permit disposal of the Federal land parcel to BHI.
            (3) Withdrawal of federal land.--All Federal land 
        authorized to be exchanged under this Act, if not already 
        withdrawn or segregated from appropriation or disposal under 
        the public lands laws upon enactment of this Act, is hereby so 
        withdrawn, subject to valid existing rights, until the date of 
        conveyance of the Federal land to BHI.
    (b) Postexchange Land Management.--Land acquired by the Secretary 
under this Act shall become part of the Pike-San Isabel National Forest 
and be managed in accordance with the laws, rules, and regulations 
applicable to the National Forest System.
    (c) Exchange Timetable.--It is the intent of Congress that the land 
exchange directed by this Act be consummated no later than 1 year after 
the date of the enactment of this Act.
    (d) Maps, Estimates, and Descriptions.--
            (1) Minor errors.--The Secretary and BHI may by mutual 
        agreement make minor boundary adjustments to the Federal and 
        non-Federal lands involved in the exchange, and may correct any 
        minor errors in any map, acreage estimate, or description of 
        any land to be exchanged.
            (2) Conflict.--If there is a conflict between a map, an 
        acreage estimate, or a description of land under this Act, the 
        map shall control unless the Secretary and BHI mutually agree 
        otherwise.
            (3) Availability.--Upon enactment of this Act, the 
        Secretary shall file and make available for public inspection 
        in the headquarters of the Pike-San Isabel National Forest a 
        copy of all maps referred to in this Act.

   TITLE XVI--REMOVE REVERSIONARY INTEREST IN ROCKINGHAM COUNTY LAND

SEC. 16001. REMOVAL OF USE RESTRICTION.

    Public Law 101-479 (104 Stat. 1158) is amended--
            (1) by striking section 2(d); and
            (2) by adding at the end the following:

``SEC. 4. REMOVAL OF USE RESTRICTION.

    ``(a) The approximately 1-acre portion of the land referred to in 
section 3 that is used for purposes of a child care center, as 
authorized by this Act, shall not be subject to the use restriction 
imposed in the deed referred to in section 3.
    ``(b) Upon enactment of this section, the Secretary of the Interior 
shall execute an instrument to carry out subsection (a).''.

            TITLE XVII--COLTSVILLE NATIONAL HISTORICAL PARK

SEC. 17001. AMENDMENT TO COLTSVILLE NATIONAL HISTORICAL PARK DONATION 
              SITE.

    Section 3032(b) of Public Law 113-291 (16 U.S.C. 410qqq) is 
amended--
            (1) in paragraph (2)(B), by striking ``East Armory'' and 
        inserting ``Colt Armory Complex''; and
            (2) by adding at the end the following:
            ``(4) Additional administrative conditions.--No non-Federal 
        property may be included in the park without the written 
        consent of the owner. The establishment of the park or the 
        management of the park shall not be construed to create buffer 
        zones outside of the park. That activities or uses can be seen, 
        heard or detected from areas within the park shall not 
        preclude, limit, control, regulate, or determine the conduct or 
        management of activities or uses outside of the park.''.

   TITLE XVIII--MARTIN LUTHER KING, JR. NATIONAL HISTORICAL PARK ACT

SEC. 18001. SHORT TITLE.

    This title may be cited as the ``Martin Luther King, Jr. National 
Historical Park Act of 2016''.

SEC. 18002. MARTIN LUTHER KING, JR. NATIONAL HISTORICAL PARK.

    The Act entitled ``An Act to establish the Martin Luther King, 
Junior, National Historic Site in the State of Georgia, and for other 
purposes'' (Public Law 96-428) is amended--
            (1) in subsection (a) of the first section, by striking 
        ``the map entitled `Martin Luther King, Junior, National 
        Historic Site Boundary Map', number 489/80,013B, and dated 
        September 1992'' and inserting ``the map entitled `Martin 
        Luther King, Jr. National Historical Park Proposed Boundary 
        Revision', numbered 489/128,786 and dated June 2015'';
            (2) by striking ``Martin Luther King, Junior, National 
        Historic Site'' each place it appears and inserting ``Martin 
        Luther King, Jr. National Historical Park'';
            (3) by striking ``national historic site'' each place it 
        appears and inserting ``national historical park'';
            (4) by striking ``historic site'' each place it appears and 
        inserting ``historical park''; and
            (5) by striking ``historic sites'' in section 2(a) and 
        inserting ``historical parks''.

SEC. 18003. REFERENCES.

    Any reference in a law (other than this Act), map, regulation, 
document, paper, or other record of the United States to ``Martin 
Luther King, Junior, National Historic Site'' shall be deemed to be a 
reference to ``Martin Luther King, Jr. National Historical Park''.

   TITLE XIX--EXTENSION OF THE AUTHORIZATION FOR THE GULLAH/GEECHEE 
                 CULTURAL HERITAGE CORRIDOR COMMISSION

SEC. 19001. EXTENSION OF THE AUTHORIZATION FOR THE GULLAH/GEECHEE 
              CULTURAL HERITAGE CORRIDOR COMMISSION.

    Section 295D(d) of the Gullah/Geechee Cultural Heritage Act (Public 
Law 109-338; 120 Stat. 1833; 16 U.S.C. 461 note) is amended by striking 
``10 years'' and inserting ``15 years''.

                      TITLE XX--9/11 MEMORIAL ACT

SEC. 20001. SHORT TITLE.

     This title may be cited as the ``9/11 Memorial Act''.

SEC. 20002. DEFINITIONS.

    For purposes of this Act:
            (1) Eligible entity.--The term ``eligible entity'' means a 
        nonprofit organization as defined in section 501(c)(3) of the 
        Internal Revenue Code of 1986 (26 U.S.C. 501(c)(3)) in 
        existence on the date of enactment of this Act.
            (2) Map.--The term ``map'' means the map titled ``National 
        September 11 Memorial Proposed Boundary'', numbered 903/128928, 
        and dated June 2015.
            (3) National september 11 memorial.--The term ``National 
        September 11 Memorial'' means the area approximately bounded by 
        Fulton, Greenwich, Liberty and West Streets as generally 
        depicted on the map.
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.

SEC. 20003. DESIGNATION OF MEMORIAL.

    (a) Designation.--The National September 11 Memorial is hereby 
designated as a national memorial.
    (b) Map.--The map shall be available for public inspection and kept 
on file at the appropriate office of the Secretary.
    (c) Effect of Designation.--The national memorial designated under 
this section shall not be a unit of the National Park System and the 
designation of the national memorial shall not be construed to require 
or authorize Federal funds to be expended for any purpose related to 
the national memorial except as provided under section 20004.

SEC. 20004. COMPETITIVE GRANTS FOR CERTAIN MEMORIALS.

    (a) Competitive Grants.--Subject to the availability of 
appropriations, the Secretary may award a single grant per year through 
a competitive process to an eligible entity for the operation and 
maintenance of any memorial located within the United States 
established to commemorate the events of and honor--
            (1) the victims of the terrorist attacks on the World Trade 
        Center, the Pentagon, and United Airlines Flight 93 on 
        September 11, 2001; and
            (2) the victims of the terrorist attack on the World Trade 
        Center on February 26, 1993.
    (b) Availability.--Funds made available under this section shall 
remain available until expended.
    (c) Criteria.--In awarding grants under this section, the Secretary 
shall give greatest weight in the selection of eligible entities using 
the following criteria:
            (1) Experience in managing a public memorial that will 
        benefit the largest number of visitors each calendar year.
            (2) Experience in managing a memorial of significant size 
        (4 acres or more).
            (3) Successful coordination and cooperation with Federal, 
        State, and local governments in operating and managing the 
        memorial.
            (4) Ability and commitment to use grant funds to enhance 
        security at the memorial.
            (5) Ability to use grant funds to increase the numbers of 
        economically disadvantaged visitors to the memorial and 
        surrounding areas.
    (d) Summaries.--Not later than 30 days after the end of each fiscal 
year in which an eligible entity obligates or expends any part of a 
grant under this section, the eligible entity shall prepare and submit 
to the Secretary and Congress a summary that--
            (1) specifies the amount of grant funds obligated or 
        expended in the preceding fiscal year;
            (2) specifies the purpose for which the funds were 
        obligated or expended; and
            (3) includes any other information the Secretary may 
        require to more effectively administer the grant program.
    (e) Sunset.--The authority to award grants under this section shall 
expire on the date that is 7 years after the date of the enactment of 
this Act.

    TITLE XXI--KENNESAW MOUNTAIN NATIONAL BATTLEFIELD PARK BOUNDARY 
                             ADJUSTMENT ACT

SEC. 21001. SHORT TITLE.

    This title may be cited as the ``Kennesaw Mountain National 
Battlefield Park Boundary Adjustment Act of 2015''.

SEC. 21002. FINDINGS.

    The Congress finds the following:
            (1) Kennesaw Mountain National Battlefield Park was 
        authorized as a unit of the National Park System on June 26, 
        1935. Prior to 1935, parts of the park had been acquired and 
        protected by Civil War veterans and the War Department.
            (2) Kennesaw Mountain National Battlefield Park protects 
        Kennesaw Mountain and Kolb's Farm, which are battle sites along 
        the route of General Sherman's 1864 campaign to take Atlanta.
            (3) Most of the park protects Confederate positions and 
        strategy. The Wallis House is one of the few original 
        structures remaining from the Battle of Kennesaw Mountain 
        associated with Union positions and strategy.
            (4) The Wallis House is strategically located next to a 
        Union signal station at Harriston Hill.

SEC. 21003. BOUNDARY ADJUSTMENT; LAND ACQUISITION; ADMINISTRATION.

    (a) Boundary Adjustment.--The boundary of the Kennesaw Mountain 
National Battlefield Park is modified to include the approximately 8 
acres identified as ``Wallis House and Harriston Hill'', and generally 
depicted on the map titled ``Kennesaw Mountain National Battlefield 
Park, Proposed Boundary Adjustment'', numbered 325/80,020, and dated 
February 2010.
    (b) Map.--The map referred to in subsection (a) shall be on file 
and available for inspection in the appropriate offices of the National 
Park Service.
    (c) Land Acquisition.--The Secretary of the Interior is authorized 
to acquire, from willing owners only, land or interests in land 
described in subsection (a) by donation or exchange.
    (d) Administration of Acquired Lands.--The Secretary of the 
Interior shall administer land and interests in land acquired under 
this section as part of the Kennesaw Mountain National Battlefield Park 
in accordance with applicable laws and regulations.
    (e) Written Consent of Owner.--No non-Federal property may be 
included in the Kennesaw Mountain National Battlefield Park without the 
written consent of the owner. This provision shall apply only to those 
portions of the Park added under subsection (a).
    (f) No Use of Condemnation.--The Secretary of the Interior may not 
acquire by condemnation any land or interests in land under this Act or 
for the purposes of this Act.
    (g) No Buffer Zone Created.--Nothing in this Act, the establishment 
of the Kennesaw Mountain National Battlefield Park, or the management 
plan for the Kennesaw Mountain National Battlefield Park shall be 
construed to create buffer zones outside of the Park. That activities 
or uses can be seen, heard, or detected from areas within the Kennesaw 
Mountain National Battlefield Park shall not preclude, limit, control, 
regulate or determine the conduct or management of activities or uses 
outside the Park.

 TITLE XXII--VEHICLE ACCESS AT DELAWARE WATER GAP NATIONAL RECREATION 
                                  AREA

SEC. 22001. VEHICULAR ACCESS AND FEES.

    Section 4 of the Delaware Water Gap National Recreation Area 
Improvement Act (Public Law 109-156) is amended to read as follows:

``SEC. 4. USE OF CERTAIN ROADS WITHIN THE RECREATION AREA.

    ``(a) In General.--Except as otherwise provided in this section, 
Highway 209, a federally owned road within the boundaries of the 
Recreation Area, shall be closed to all commercial vehicles.
    ``(b) Exception for Local Business Use.--Until September 30, 2020, 
subsection (a) shall not apply with respect to the use of commercial 
vehicles that have four or fewer axles and are--
            ``(1) owned and operated by a business physically located 
        in--
                    ``(A) the Recreation Area; or
                    ``(B) one or more adjacent municipalities; or
            ``(2) necessary to provide services to businesses or 
        persons located in--
                    ``(A) the Recreation Area; or
                    ``(B) one of more adjacent municipalities.
    ``(c) Fee.--The Secretary shall establish a fee and permit program 
for the use by commercial vehicles of Highway 209 under subsection (b). 
The program shall include an annual fee not to exceed $200 per vehicle. 
All fees received under the program shall be set aside in a special 
account and be available, without further appropriation, to the 
Secretary for the administration and enforcement of the program, 
including registering vehicles, issuing permits and vehicle 
identification stickers, and personnel costs.
    ``(d) Exceptions.--The following vehicles may use Highway 209 and 
shall not be subject to a fee or permit requirement under subsection 
(c):
            ``(1) Local school buses.
            ``(2) Fire, ambulance, and other safety and emergency 
        vehicles.
            ``(3) Commercial vehicles using Federal Road Route 209, 
        from--
                    ``(A) Milford to the Delaware River Bridge leading 
                to U.S. Route 206 in New Jersey; and
                    ``(B) mile 0 of Federal Road Route 209 to 
                Pennsylvania State Route 2001.''.

SEC. 22002. DEFINITIONS.

    Section 2 of the Delaware Water Gap National Recreation Area 
Improvement Act (Public Law 109-156) is amended--
            (1) by redesignating paragraphs (1) through (5) as 
        paragraphs (2) through (6), respectively; and
            (2) by inserting before paragraph (2) (as so redesignated 
        by paragraph (1) of this section) the following:
            ``(1) Adjacent municipalities.--The term `adjacent 
        municipalities' means Delaware Township, Dingman Township, 
        Lehman Township, Matamoras Borough, Middle Smithfield Township, 
        Milford Borough, Milford Township, Smithfield Township and 
        Westfall Township, in Pennsylvania.''.

SEC. 22003. CONFORMING AMENDMENT.

    Section 702 of the Omnibus Parks and Public Lands Management Act of 
1996 (Public Law 104-333) is repealed.

     TITLE XXIII--GULF ISLANDS NATIONAL SEASHORE LAND EXCHANGE ACT

SEC. 23001. SHORT TITLE.

    This title may be cited as the ``Gulf Islands National Seashore 
Land Exchange Act of 2016''.

SEC. 23002. LAND EXCHANGE, GULF ISLANDS NATIONAL SEASHORE, JACKSON 
              COUNTY, MISSISSIPPI.

    (a) Land Exchange Authorized.--The Secretary of the Interior, 
acting through the Director of the National Park Service (in this 
section referred to as the ``Secretary'') may convey to the Veterans of 
Foreign Wars Post 5699 (in this section referred to as the ``Post'') 
all right, title, and interest of the United States in and to a parcel 
of real property, consisting of approximately 1.542 acres and located 
within the Gulf Islands National Seashore in Jackson County, 
Mississippi, section 34, township 7 north, range 8 east.
    (b) Land To Be Acquired.--In exchange for the property described in 
subsection (a), the Post shall convey to the Secretary all right, 
title, and interest of the Post in and to a parcel of real property, 
consisting of approximately 2.161 acres and located in Jackson County, 
Mississippi, section 34, township 7 north, range 8 east.
    (c) Equal Value Exchange.--The values of the parcels of real 
property to be exchanged under this section are deemed to be equal.
    (d) Payment of Costs of Conveyance.--
            (1) Payment required.--The Secretary shall require the Post 
        to cover costs to be incurred by the Secretary, or to reimburse 
        the Secretary for such costs incurred by the Secretary, to 
        carry out the land exchange under this section, including 
        survey costs, costs related to environmental documentation, and 
        any other administrative costs related to the land exchange. If 
        amounts are collected from the Secretary in advance of the 
        Secretary incurring the actual costs and the amount collected 
        exceeds the costs actually incurred by the Secretary to carry 
        out the land exchange, the Secretary shall refund the excess 
        amount to the Post.
            (2) Treatment of amounts received.--Amounts received as 
        reimbursement under paragraph (1) shall be credited to the fund 
        or account that was used to cover those costs incurred by the 
        Secretary in carrying out the land exchange. Amounts so 
        credited shall be merged with amounts in such fund or account 
        and shall be available for the same purposes, and subject to 
        the same conditions and limitations, as amounts in such fund or 
        account.
    (e) Description of Property.--The exact acreage and legal 
description of property to be exchanged under this section shall be 
determined by surveys satisfactory to the Secretary and the Post.
    (f) Conveyance Agreement.--The exchange of real property under this 
section shall be accomplished using a quit claim deed or other legal 
instrument and upon terms and conditions mutually satisfactory to the 
Secretary and the Post, including such additional terms and conditions 
as the Secretary considers appropriate to protect the interests of the 
United States.
    (g) Treatment of Acquired Land.--Land and interests in land 
acquired by the United States under subsection (b) shall be 
administered by the Secretary as part of the Gulf Islands National 
Seashore.
    (h) Modification of Boundary.--Upon completion of the land exchange 
under this section, the Secretary shall modify the boundary of the Gulf 
Islands National Seashore to reflect such land exchange.

    TITLE XXIV--KOREAN WAR VETERANS MEMORIAL WALL OF REMEMBRANCE ACT

SEC. 24001. SHORT TITLE.

    This title may be cited as the ``Korean War Veterans Memorial Wall 
of Remembrance Act of 2016''.

SEC. 24002. WALL OF REMEMBRANCE.

    Section 1 of the Act titled ``An Act to authorize the erection of a 
memorial on Federal Land in the District of Columbia and its environs 
to honor members of the Armed Forces of the United States who served in 
the Korean War'', approved October 25, 1986 (Public Law 99-572), is 
amended by adding at the end the following:
``Such memorial shall include a Wall of Remembrance, which shall be 
constructed without the use of Federal funds. The American Battle 
Monuments Commission shall request and consider design recommendations 
from the Korean War Veterans Memorial Foundation, Inc. for the 
establishment of the Wall of Remembrance. The Wall of Remembrance shall 
include--
            ``(1) a list by name of members of the Armed Forces of the 
        United States who died in theatre in the Korean War;
            ``(2) the number of members of the Armed Forces of the 
        United States who, in regards to the Korean War--
                    ``(A) were wounded in action;
                    ``(B) are listed as missing in action; or
                    ``(C) were prisoners of war; and
            ``(3) the number of members of the Korean Augmentation to 
        the United States Army, the Republic of Korea Armed Forces, and 
        the other nations of the United Nations Command who, in regards 
        to the Korean War--
                    ``(A) were killed in action;
                    ``(B) were wounded in action;
                    ``(C) are listed as missing in action; or
                    ``(D) were prisoners of war.''.

       TITLE XXV--NATIONAL FOREST SMALL TRACTS ACT AMENDMENTS ACT

SEC. 25001. SHORT TITLE.

    This title may be cited as the ``National Forest Small Tracts Act 
Amendments Act of 2015''.

SEC. 25002. ADDITIONAL AUTHORITY FOR SALE OR EXCHANGE OF SMALL PARCELS 
              OF NATIONAL FOREST SYSTEM LAND.

    (a) Increase in Maximum Value of Small Parcels.--Section 3 of 
Public Law 97-465 (commonly known as the Small Tracts Act; 16 U.S.C. 
521e) is amended in the matter preceding paragraph (1) by striking 
``$150,000'' and inserting ``$500,000''.
    (b) Additional Conveyance Purposes.--Section 3 of Public Law 97-465 
(16 U.S.C. 521e) is further amended--
            (1) in the matter preceding paragraph (1), by striking 
        ``which are--'' and inserting ``which involve any one of the 
        following:'';
            (2) in paragraph (1)--
                    (A) by striking ``parcels'' and inserting 
                ``Parcels''; and
                    (B) by striking the semicolon at the end and 
                inserting a period;
            (3) in paragraph (2)--
                    (A) by striking ``parcels'' the first place it 
                appears and inserting ``Parcels''; and
                    (B) by striking ``; or'' at the end and inserting a 
                period;
            (4) in paragraph (3), by striking ``road'' and inserting 
        ``Road''; and
            (5) by adding at the end the following new paragraphs:
            ``(4) Parcels of 40 acres or less which are determined by 
        the Secretary to be physically isolated, to be inaccessible, or 
        to have lost their National Forest character.
            ``(5) Parcels of 10 acres or less which are not eligible 
        for conveyance under paragraph (2), but which are encroached 
        upon by permanent habitable improvements for which there is no 
        evidence that the encroachment was intentional or negligent.
            ``(6) Parcels used as a cemetery, a landfill, or a sewage 
        treatment plant under a special use authorization issued by the 
        Secretary. In the case of a cemetery expected to reach capacity 
        within 10 years, the sale, exchange, or interchange may 
        include, in the sole discretion of the Secretary, up to 1 
        additional acre abutting the permit area to facilitate 
        expansion of the cemetery.''.
    (c) Disposition of Proceeds.--Section 2 of Public Law 97-465 (16 
U.S.C. 521d) is amended--
            (1) by striking ``The Secretary is authorized'' and 
        inserting the following:
    ``(a) Conveyance Authority; Consideration.--The Secretary is 
authorized'';
            (2) by striking ``The Secretary shall insert'' and 
        inserting the following:
    ``(b) Inclusion of Terms, Covenants, Conditions, and 
Reservations.--The Secretary shall insert'';
            (3) by striking ``convenants'' and inserting ``covenants''; 
        and
            (4) by adding at the end the following new subsection:
    ``(c) Disposition of Proceeds.--
            ``(1) Deposit in sisk fund.--The net proceeds derived from 
        any sale or exchange conducted under the authority of paragraph 
        (4), (5), or (6) of section 3 shall be deposited in the fund 
        established by Public Law 90-171 (commonly known as the Sisk 
        Act; 16 U.S.C. 484a).
            ``(2) Use.--Amounts deposited under paragraph (1) shall be 
        available to the Secretary until expended for--
                    ``(A) the acquisition of land or interests in land 
                for administrative sites for the National Forest System 
                in the State from which the amounts were derived;
                    ``(B) the acquisition of land or interests in land 
                for inclusion in the National Forest System in that 
                State, including land or interests in land which 
                enhance opportunities for recreational access;
                    ``(C) the performance of deferred maintenance on 
                administrative sites for the National Forest System in 
                that State or other deferred maintenance activities in 
                that State which enhance opportunities for recreational 
                access; or
                    ``(D) the reimbursement of the Secretary for costs 
                incurred in preparing a sale conducted under the 
                authority of section 3 if the sale is a competitive 
                sale.''.

             TITLE XXVI--WESTERN OREGON TRIBAL FAIRNESS ACT

SEC. 26001. SHORT TITLE.

    This title may be cited as the ``Western Oregon Tribal Fairness 
Act''.

              Subtitle A--Cow Creek Umpqua Land Conveyance

SEC. 26011. SHORT TITLE.

    This subtitle may be cited as the ``Cow Creek Umpqua Land 
Conveyance Act''.

SEC. 26012. DEFINITIONS.

    In this subtitle:
            (1) Council creek land.--The term ``Council Creek land'' 
        means the approximately 17,519 acres of land, as generally 
        depicted on the map entitled ``Canyon Mountain Land 
        Conveyance'' and dated June 27, 2013.
            (2) Tribe.--The term ``Tribe'' means the Cow Creek Band of 
        Umpqua Tribe of Indians.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.

SEC. 26013. CONVEYANCE.

    (a) In General.--Subject to valid existing rights, including 
rights-of-way, all right, title, and interest of the United States in 
and to the Council Creek land, including any improvements located on 
the land, appurtenances to the land, and minerals on or in the land, 
including oil and gas, shall be--
            (1) held in trust by the United States for the benefit of 
        the Tribe; and
            (2) part of the reservation of the Tribe.
    (b) Survey.--Not later than 1 year after the date of enactment of 
this Act, the Secretary shall complete a survey of the boundary lines 
to establish the boundaries of the land taken into trust under 
subsection (a).

SEC. 26014. MAP AND LEGAL DESCRIPTION.

    (a) In General.--As soon as practicable after the date of enactment 
of this Act, the Secretary shall file a map and legal description of 
the Council Creek land with--
            (1) the Committee on Energy and Natural Resources of the 
        Senate; and
            (2) the Committee on Natural Resources of the House of 
        Representatives.
    (b) Force and Effect.--The map and legal description filed under 
subsection (a) shall have the same force and effect as if included in 
this subtitle, except that the Secretary may correct any clerical or 
typographical errors in the map or legal description.
    (c) Public Availability.--The map and legal description filed under 
subsection (a) shall be on file and available for public inspection in 
the Office of the Secretary.

SEC. 26015. ADMINISTRATION.

    (a) In General.--Unless expressly provided in this subtitle, 
nothing in this subtitle affects any right or claim of the Tribe 
existing on the date of enactment of this Act to any land or interest 
in land.
    (b) Prohibitions.--
            (1) Exports of unprocessed logs.--Federal law (including 
        regulations) relating to the export of unprocessed logs 
        harvested from Federal land shall apply to any unprocessed logs 
        that are harvested from the Council Creek land.
            (2) Non-permissible use of land.--Any real property taken 
        into trust under section 26013 shall not be eligible, or used, 
        for any gaming activity carried out under Public Law 100-497 
        (25 U.S.C. 2701 et seq.).
    (c) Forest Management.--Any forest management activity that is 
carried out on the Council Creek land shall be managed in accordance 
with all applicable Federal laws.

SEC. 26016. LAND RECLASSIFICATION.

    (a) Identification of Oregon and California Railroad Grant Land.--
Not later than 180 days after the date of enactment of this Act, the 
Secretary of Agriculture and the Secretary shall identify any Oregon 
and California Railroad grant land that is held in trust by the United 
States for the benefit of the Tribe under section 26013.
    (b) Identification of Public Domain Land.--Not later than 18 months 
after the date of enactment of this Act, the Secretary shall identify 
public domain land in the State of Oregon that--
            (1) is approximately equal in acreage and condition as the 
        Oregon and California Railroad grant land identified under 
        subsection (a); and
            (2) is located in the vicinity of the Oregon and California 
        Railroad grant land.
    (c) Maps.--Not later than 2 years after the date of enactment of 
this Act, the Secretary shall submit to Congress and publish in the 
Federal Register one or more maps depicting the land identified in 
subsections (a) and (b).
    (d) Reclassification.--
            (1) In general.--After providing an opportunity for public 
        comment, the Secretary shall reclassify the land identified in 
        subsection (b) as Oregon and California Railroad grant land.
            (2) Applicability.--The Act of August 28, 1937 (43 U.S.C. 
        1181a et seq.), shall apply to land reclassified as Oregon and 
        California Railroad grant land under paragraph (1).

                  Subtitle B--Coquille Forest Fairness

SEC. 26021. SHORT TITLE.

    This subtitle may be cited as the ``Coquille Forest Fairness Act''.

SEC. 26022. AMENDMENTS TO COQUILLE RESTORATION ACT.

    Section 5(d) of the Coquille Restoration Act (25 U.S.C. 715c(d)) is 
amended--
            (1) by striking paragraph (5) and inserting the following:
            ``(5) Management.--
                    ``(A) In general.--Subject to subparagraph (B), the 
                Secretary, acting through the Assistant Secretary for 
                Indian Affairs, shall manage the Coquille Forest in 
                accordance with the laws pertaining to the management 
                of Indian trust land.
                    ``(B) Administration.--
                            ``(i) Unprocessed logs.--Unprocessed logs 
                        harvested from the Coquille Forest shall be 
                        subject to the same Federal statutory 
                        restrictions on export to foreign nations that 
                        apply to unprocessed logs harvested from 
                        Federal land.
                            ``(ii) Sales of timber.--Notwithstanding 
                        any other provision of law, all sales of timber 
                        from land subject to this subsection shall be 
                        advertised, offered, and awarded according to 
                        competitive bidding practices, with sales being 
                        awarded to the highest responsible bidder.'';
            (2) by striking paragraph (9); and
            (3) by redesignating paragraphs (10) through (12) as 
        paragraphs (9) through (11), respectively.

                    Subtitle C--Oregon Coastal Lands

SEC. 26031. SHORT TITLE.

    This subtitle may be cited as the ``Oregon Coastal Lands Act''.

SEC. 26032. DEFINITIONS.

    In this subtitle:
            (1) Confederated tribes.--The term ``Confederated Tribes'' 
        means the Confederated Tribes of Coos, Lower Umpqua, and 
        Siuslaw Indians.
            (2) Oregon coastal land.--The term ``Oregon Coastal land'' 
        means the approximately 14,408 acres of land, as generally 
        depicted on the map entitled ``Oregon Coastal Land Conveyance'' 
        and dated March 27, 2013.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.

SEC. 26033. CONVEYANCE.

    (a) In General.--Subject to valid existing rights, including 
rights-of-way, all right, title, and interest of the United States in 
and to the Oregon Coastal land, including any improvements located on 
the land, appurtenances to the land, and minerals on or in the land, 
including oil and gas, shall be--
            (1) held in trust by the United States for the benefit of 
        the Confederated Tribes; and
            (2) part of the reservation of the Confederated Tribes.
    (b) Survey.--Not later than 1 year after the date of enactment of 
this Act, the Secretary shall complete a survey of the boundary lines 
to establish the boundaries of the land taken into trust under 
subsection (a).

SEC. 26034. MAP AND LEGAL DESCRIPTION.

    (a) In General.--As soon as practicable after the date of enactment 
of this Act, the Secretary shall file a map and legal description of 
the Oregon Coastal land with--
            (1) the Committee on Energy and Natural Resources of the 
        Senate; and
            (2) the Committee on Natural Resources of the House of 
        Representatives.
    (b) Force and Effect.--The map and legal description filed under 
subsection (a) shall have the same force and effect as if included in 
this subtitle, except that the Secretary may correct any clerical or 
typographical errors in the map or legal description.
    (c) Public Availability.--The map and legal description filed under 
subsection (a) shall be on file and available for public inspection in 
the Office of the Secretary.

SEC. 26035. ADMINISTRATION.

    (a) In General.--Unless expressly provided in this subtitle, 
nothing in this subtitle affects any right or claim of the Confederated 
Tribes existing on the date of enactment of this Act to any land or 
interest in land.
    (b) Prohibitions.--
            (1) Exports of unprocessed logs.--Federal law (including 
        regulations) relating to the export of unprocessed logs 
        harvested from Federal land shall apply to any unprocessed logs 
        that are harvested from the Oregon Coastal land taken into 
        trust under section 26033.
            (2) Non-permissible use of land.--Any real property taken 
        into trust under section 26033 shall not be eligible, or used, 
        for any gaming activity carried out under Public Law 100-497 
        (25 U.S.C. 2701 et seq.).
    (c) Laws Applicable to Commercial Forestry Activity.--Any 
commercial forestry activity that is carried out on the Oregon Coastal 
land taken into trust under section 26033 shall be managed in 
accordance with all applicable Federal laws.
    (d) Agreements.--The Confederated Tribes shall consult with the 
Secretary and other parties as necessary to develop agreements to 
provide for access to the Oregon Coastal land taken into trust under 
section 26033 that provide for--
            (1) honoring existing reciprocal right-of-way agreements;
            (2) administrative access by the Bureau of Land Management; 
        and
            (3) management of the Oregon Coastal lands that are 
        acquired or developed under chapter 2003 of title 54, United 
        States Code (commonly known as the ``Land and Water 
        Conservation Fund Act of 1965''), consistent with section 
        200305(f)(3) of that title.
    (e) Land Use Planning Requirements.--Except as provided in 
subsection (c), once the Oregon Coastal land is taken into trust under 
section 26033, the land shall not be subject to the land use planning 
requirements of the Federal Land Policy and Management Act of 1976 (43 
U.S.C. 1701 et seq.) or the Act of August 28, 1937 (43 U.S.C. 1181a et 
seq.).

SEC. 26036. LAND RECLASSIFICATION.

    (a) Identification of Oregon and California Railroad Grant Land.--
Not later than 180 days after the date of enactment of this Act, the 
Secretary of Agriculture and the Secretary shall identify any Oregon 
and California Railroad grant land that is held in trust by the United 
States for the benefit of the Confederated Tribes under section 26033.
    (b) Identification of Public Domain Land.--Not later than 18 months 
after the date of enactment of this Act, the Secretary shall identify 
public domain land in the State of Oregon that--
            (1) is approximately equal in acreage and condition as the 
        Oregon and California Railroad grant land identified under 
        subsection (a); and
            (2) is located in the vicinity of the Oregon and California 
        Railroad grant land.
    (c) Maps.--Not later than 2 years after the date of enactment of 
this Act, the Secretary shall submit to Congress and publish in the 
Federal Register one or more maps depicting the land identified in 
subsections (a) and (b).
    (d) Reclassification.--
            (1) In general.--After providing an opportunity for public 
        comment, the Secretary shall reclassify the land identified in 
        subsection (b) as Oregon and California Railroad grant land.
            (2) Applicability.--The Act of August 28, 1937 (43 U.S.C. 
        1181a et seq.), shall apply to land reclassified as Oregon and 
        California Railroad grant land under paragraph (1).

                          DIVISION D--SCIENCE

                 TITLE V--DEPARTMENT OF ENERGY SCIENCE

SEC. 501. MISSION.

    Section 209 of the Department of Energy Organization Act (42 U.S.C. 
7139) is amended by adding at the end the following:
    ``(c) Mission.--The mission of the Office of Science shall be the 
delivery of scientific discoveries, capabilities, and major scientific 
tools to transform the understanding of nature and to advance the 
energy, economic, and national security of the United States. In 
support of this mission, the Director shall carry out programs on basic 
energy sciences, advanced scientific computing research, high energy 
physics, biological and environmental research, fusion energy sciences, 
and nuclear physics, including as provided under subtitle A of title V 
of the America COMPETES Reauthorization Act of 2015, through activities 
focused on--
            ``(1) fundamental scientific discoveries through the study 
        of matter and energy;
            ``(2) science in the national interest, including--
                    ``(A) advancing an agenda for American energy 
                security through research on energy production, 
                storage, transmission, efficiency, and use; and
                    ``(B) advancing our understanding of the Earth's 
                climate through research in atmospheric and 
                environmental sciences; and
            ``(3) National Scientific User Facilities to deliver the 
        21st century tools of science, engineering, and technology and 
        provide the Nation's researchers with the most advanced tools 
        of modern science including accelerators, colliders, 
        supercomputers, light sources and neutron sources, and 
        facilities for studying materials science.
    ``(d) Coordination With Other Department of Energy Programs.--The 
Under Secretary for Science and Energy shall ensure the coordination of 
Office of Science activities and programs with other activities of the 
Department.''.

SEC. 502. BASIC ENERGY SCIENCES.

    (a) Program.--The Director shall carry out a program in basic 
energy sciences, including materials sciences and engineering, chemical 
sciences, physical biosciences, and geosciences, for the purpose of 
providing the scientific foundations for new energy technologies.
    (b) Mission.--The mission of the program described in subsection 
(a) shall be to support fundamental research to understand, predict, 
and ultimately control matter and energy at the electronic, atomic, and 
molecular levels in order to provide the foundations for new energy 
technologies and to support Department missions in energy, environment, 
and national security.
    (c) Basic Energy Sciences User Facilities.--The Director shall 
carry out a subprogram for the development, construction, operation, 
and maintenance of national user facilities to support the program 
under this section. As practicable, these facilities shall serve the 
needs of the Department, industry, the academic community, and other 
relevant entities to create and examine new materials and chemical 
processes for the purposes of advancing new energy technologies and 
improving the competitiveness of the United States. These facilities 
shall include--
            (1) x-ray light sources;
            (2) neutron sources;
            (3) nanoscale science research centers; and
            (4) other facilities the Director considers appropriate, 
        consistent with section 209 of the Department of Energy 
        Organization Act (42 U.S.C. 7139).
    (d) Light Source Leadership Initiative.--
            (1) Establishment.--In support of the subprogram authorized 
        in subsection (c), the Director shall establish an initiative 
        to sustain and advance global leadership of light source user 
        facilities.
            (2) Leadership strategy.--Not later than 9 months after the 
        date of enactment of this Act, and biennially thereafter, the 
        Director shall prepare, in consultation with relevant 
        stakeholders, and submit to the Committee on Science, Space, 
        and Technology of the House of Representatives and the 
        Committee on Energy and Natural Resources of the Senate a light 
        source leadership strategy that--
                    (A) identifies, prioritizes, and describes plans 
                for the development, construction, and operation of 
                light sources over the next decade;
                    (B) describes plans for optimizing management and 
                use of existing light source facilities; and
                    (C) assesses the international outlook for light 
                source user facilities and describes plans for United 
                States cooperation in such projects.
            (3) Advisory committee feedback and recommendations.--Not 
        later than 45 days after submission of the strategy described 
        in paragraph (2), the Basic Energy Sciences Advisory Committee 
        shall provide the Director, the Committee on Science, Space, 
        and Technology of the House of Representatives, and the 
        Committee on Energy and Natural Resources of the Senate a 
        report of the Advisory Committee's analyses, findings, and 
        recommendations for improving the strategy, including a review 
        of the most recent budget request for the initiative.
            (4) Proposed budget.--The Director shall transmit annually 
        to Congress a proposed budget corresponding to the activities 
        identified in the strategy.
    (e) Accelerator Research and Development.--The Director shall carry 
out research and development on advanced accelerator and storage ring 
technologies relevant to the development of Basic Energy Sciences user 
facilities, in consultation with the Office of Science's High Energy 
Physics and Nuclear Physics programs.
    (f) Energy Frontier Research Centers.--
            (1) In general.--The Director shall carry out a program to 
        provide awards, on a competitive, merit-reviewed basis, to 
        multi-institutional collaborations or other appropriate 
        entities to conduct fundamental and use-inspired energy 
        research to accelerate scientific breakthroughs.
            (2) Collaborations.--A collaboration receiving an award 
        under this subsection may include multiple types of 
        institutions and private sector entities.
            (3) Selection and duration.--
                    (A) In general.--A collaboration under this 
                subsection shall be selected for a period of 5 years. 
                An Energy Frontier Research Center already in existence 
                and supported by the Director on the date of enactment 
                of this Act may continue to receive support for a 
                period of 5 years beginning on the date of 
                establishment of that center.
                    (B) Reapplication.--After the end of the period 
                described in subparagraph (A), an awardee may reapply 
                for selection for a second period of 5 years on a 
                competitive, merit-reviewed basis.
                    (C) Termination.--Consistent with the existing 
                authorities of the Department, the Director may 
                terminate an underperforming center for cause during 
                the performance period.
            (4) No funding for construction.--No funding provided 
        pursuant to this subsection may be used for the construction of 
        new buildings or facilities.

SEC. 503. ADVANCED SCIENTIFIC COMPUTING RESEARCH.

    (a) Program.--The Director shall carry out a research, development, 
and demonstration program to advance computational and networking 
capabilities to analyze, model, simulate, and predict complex phenomena 
relevant to the development of new energy technologies and the 
competitiveness of the United States.
    (b) Facilities.--The Director, as part of the program described in 
subsection (a), shall develop and maintain world-class computing and 
network facilities for science and deliver critical research in applied 
mathematics, computer science, and advanced networking to support the 
Department's missions.
    (c) Definitions.--Section 2 of the Department of Energy High-End 
Computing Revitalization Act of 2004 (15 U.S.C. 5541) is amended by 
striking paragraphs (1) through (5) and inserting the following:
            ``(1) Co-design.--The term `co-design' means the joint 
        development of application algorithms, models, and codes with 
        computer technology architectures and operating systems to 
        maximize effective use of high-end computing systems.
            ``(2) Department.--The term `Department' means the 
        Department of Energy.
            ``(3) Exascale.--The term `exascale' means computing system 
        performance at or near 10 to the 18th power floating point 
        operations per second.
            ``(4) High-end computing system.--The term `high-end 
        computing system' means a computing system with performance 
        that substantially exceeds that of systems that are commonly 
        available for advanced scientific and engineering applications.
            ``(5) Institution of higher education.--The term 
        `institution of higher education' has the meaning given the 
        term in section 2 of the Energy Policy Act of 2005 (42 U.S.C. 
        15801).
            ``(6) Leadership system.--The term `leadership system' 
        means a high-end computing system that is among the most 
        advanced in the world in terms of performance in solving 
        scientific and engineering problems.
            ``(7) National laboratory.--The term `National Laboratory' 
        means any one of the seventeen laboratories owned by the 
        Department.
            ``(8) Secretary.--The term `Secretary' means the Secretary 
        of Energy.
            ``(9) Software technology.--The term `software technology' 
        includes optimal algorithms, programming environments, tools, 
        languages, and operating systems for high-end computing 
        systems.''.
    (d) Department of Energy High-End Computing Research and 
Development Program.--Section 3 of the Department of Energy High-End 
Computing Revitalization Act of 2004 (15 U.S.C. 5542) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1), by striking ``program'' and 
                inserting ``coordinated program across the 
                Department'';
                    (B) by striking ``and'' at the end of paragraph 
                (1);
                    (C) by striking the period at the end of paragraph 
                (2) and inserting ``; and''; and
                    (D) by adding at the end the following new 
                paragraph:
            ``(3) partner with universities, National Laboratories, and 
        industry to ensure the broadest possible application of the 
        technology developed in this program to other challenges in 
        science, engineering, medicine, and industry.'';
            (2) in subsection (b)(2), by striking ``vector'' and all 
        that follows through ``architectures'' and inserting ``computer 
        technologies that show promise of substantial reductions in 
        power requirements and substantial gains in parallelism of 
        multicore processors, concurrency, memory and storage, 
        bandwidth, and reliability''; and
            (3) by striking subsection (d) and inserting the following:
    ``(d) Exascale Computing Program.--
            ``(1) In general.--The Secretary shall conduct a 
        coordinated research program to develop exascale computing 
        systems to advance the missions of the Department.
            ``(2) Execution.--The Secretary shall, through competitive 
        merit review, establish two or more National Laboratory-
        industry-university partnerships to conduct integrated 
        research, development, and engineering of multiple exascale 
        architectures, and--
                    ``(A) conduct mission-related co-design activities 
                in developing such exascale platforms;
                    ``(B) develop those advancements in hardware and 
                software technology required to fully realize the 
                potential of an exascale production system in 
                addressing Department target applications and solving 
                scientific problems involving predictive modeling and 
                simulation and large-scale data analytics and 
                management; and
                    ``(C) explore the use of exascale computing 
                technologies to advance a broad range of science and 
                engineering.
            ``(3) Administration.--In carrying out this program, the 
        Secretary shall--
                    ``(A) provide, on a competitive, merit-reviewed 
                basis, access for researchers in United States 
                industry, institutions of higher education, National 
                Laboratories, and other Federal agencies to these 
                exascale systems, as appropriate; and
                    ``(B) conduct outreach programs to increase the 
                readiness for the use of such platforms by domestic 
                industries, including manufacturers.
            ``(4) Reports.--
                    ``(A) Integrated strategy and program management 
                plan.--The Secretary shall submit to Congress, not 
                later than 90 days after the date of enactment of the 
                America COMPETES Reauthorization Act of 2015, a report 
                outlining an integrated strategy and program management 
                plan, including target dates for prototypical and 
                production exascale platforms, interim milestones to 
                reaching these targets, functional requirements, roles 
                and responsibilities of National Laboratories and 
                industry, acquisition strategy, and estimated resources 
                required, to achieve this exascale system capability. 
                The report shall include the Secretary's plan for 
                Departmental organization to manage and execute the 
                Exascale Computing Program, including definition of the 
                roles and responsibilities within the Department to 
                ensure an integrated program across the Department. The 
                report shall also include a plan for ensuring balance 
                and prioritizing across ASCR subprograms in a flat or 
                slow-growth budget environment.
                    ``(B) Status reports.--At the time of the budget 
                submission of the Department for each fiscal year, the 
                Secretary shall submit a report to Congress that 
                describes the status of milestones and costs in 
                achieving the objectives of the exascale computing 
                program.
                    ``(C) Exascale merit report.--At least 18 months 
                prior to the initiation of construction or installation 
                of any exascale-class computing facility, the Secretary 
                shall transmit a plan to the Congress detailing--
                            ``(i) the proposed facility's cost 
                        projections and capabilities to significantly 
                        accelerate the development of new energy 
                        technologies;
                            ``(ii) technical risks and challenges that 
                        must be overcome to achieve successful 
                        completion and operation of the facility; and
                            ``(iii) an independent assessment of the 
                        scientific and technological advances expected 
                        from such a facility relative to those expected 
                        from a comparable investment in expanded 
                        research and applications at terascale-class 
                        and petascale-class computing facilities, 
                        including an evaluation of where investments 
                        should be made in the system software and 
                        algorithms to enable these advances.''.

SEC. 504. HIGH ENERGY PHYSICS.

    (a) Program.--The Director shall carry out a research program on 
the fundamental constituents of matter and energy and the nature of 
space and time.
    (b) Sense of Congress.--It is the sense of the Congress that--
            (1) the Director should incorporate the findings and 
        recommendations of the Particle Physics Project Prioritization 
        Panel's report entitled ``Building for Discovery: Strategic 
        Plan for U.S. Particle Physics in the Global Context'', into 
        the Department's planning process as part of the program 
        described in subsection (a);
            (2) the Director should prioritize domestically hosted 
        research projects that will maintain the United States position 
        as a global leader in particle physics and attract the world's 
        most talented physicists and foreign investment for 
        international collaboration; and
            (3) the nations that lead in particle physics by hosting 
        international teams dedicated to a common scientific goal 
        attract the world's best talent and inspire future generations 
        of physicists and technologists.
    (c) Neutrino Research.--As part of the program described in 
subsection (a), the Director shall carry out research activities on 
rare decay processes and the nature of the neutrino, which may include 
collaborations with the National Science Foundation or international 
collaborations.
    (d) Dark Energy and Dark Matter Research.--As part of the program 
described in subsection (a), the Director shall carry out research 
activities on the nature of dark energy and dark matter, which may 
include collaborations with the National Aeronautics and Space 
Administration or the National Science Foundation, or international 
collaborations.
    (e) Accelerator Research and Development.--The Director shall carry 
out research and development in advanced accelerator concepts and 
technologies, including laser technologies, to reduce the necessary 
scope and cost for the next generation of particle accelerators. The 
Director shall ensure access to national laboratory accelerator 
facilities, infrastructure, and technology for users and developers of 
accelerators that advance applications in energy and the environment, 
medicine, industry, national security, and discovery science.
    (f) International Collaboration.--The Director, as practicable and 
in coordination with other appropriate Federal agencies as necessary, 
shall ensure the access of United States researchers to the most 
advanced accelerator facilities and research capabilities in the world, 
including the Large Hadron Collider.

SEC. 505. BIOLOGICAL AND ENVIRONMENTAL RESEARCH.

    (a) Program.--The Director shall carry out a program of research, 
development, and demonstration in the areas of biological systems 
science and climate and environmental science to support the energy and 
environmental missions of the Department.
    (b) Priority Research.--In carrying out this section, the Director 
shall prioritize fundamental research on biological systems and 
genomics science with the greatest potential to enable scientific 
discovery.
    (c) Assessment.--Not later than 12 months after the date of 
enactment of this Act, the Comptroller General shall submit a report to 
Congress identifying climate science-related initiatives under this 
section that overlap or duplicate initiatives of other Federal agencies 
and the extent of such overlap or duplication.
    (d) Limitation.--The Director shall not approve new climate 
science-related initiatives to be carried out through the Office of 
Science without making a determination that such work is unique and not 
duplicative of work by other Federal agencies. Not later than 3 months 
after receiving the assessment required under subsection (c), the 
Director shall cease those climate science-related initiatives 
identified in the assessment as overlapping or duplicative, unless the 
Director justifies that such work is critical to achieving American 
energy security.
    (e) Low Dose Radiation Research Program.--
            (1) In general.--The Director of the Department of Energy 
        Office of Science shall carry out a research program on low 
        dose radiation. The purpose of the program is to enhance the 
        scientific understanding of and reduce uncertainties associated 
        with the effects of exposure to low dose radiation in order to 
        inform improved risk management methods.
            (2) Study.--Not later than 60 days after the date of 
        enactment of this Act, the Director shall enter into an 
        agreement with the National Academies to conduct a study 
        assessing the current status and development of a long-term 
        strategy for low dose radiation research. Such study shall be 
        completed not later than 18 months after the date of enactment 
        of this Act. The study shall be conducted in coordination with 
        Federal agencies that perform ionizing radiation effects 
        research and shall leverage the most current studies in this 
        field. Such study shall--
                    (A) identify current scientific challenges for 
                understanding the long-term effects of ionizing 
                radiation;
                    (B) assess the status of current low dose radiation 
                research in the United States and internationally;
                    (C) formulate overall scientific goals for the 
                future of low-dose radiation research in the United 
                States;
                    (D) recommend a long-term strategic and prioritized 
                research agenda to address scientific research goals 
                for overcoming the identified scientific challenges in 
                coordination with other research efforts;
                    (E) define the essential components of a research 
                program that would address this research agenda within 
                the universities and the National Laboratories; and
                    (F) assess the cost-benefit effectiveness of such a 
                program.
            (3) Research plan.--Not later than 90 days after the 
        completion of the study performed under paragraph (2) the 
        Secretary of Energy shall deliver to the Committee on Science, 
        Space, and Technology of the House of Representatives and the 
        Committee on Energy and Natural Resources of the Senate a 5-
        year research plan that responds to the study's findings and 
        recommendations and identifies and prioritizes research needs.
            (4) Definition.--In this subsection, the term ``low dose 
        radiation'' means a radiation dose of less than 100 
        millisieverts.
            (5) Rule of construction.--Nothing in this subsection shall 
        be construed to subject any research carried out by the 
        Director under the research program under this subsection to 
        any limitations described in section 977(e) of the Energy 
        Policy Act of 2005 (42 U.S.C. 16317(e)).

SEC. 506. FUSION ENERGY.

    (a) Program.--The Director shall carry out a fusion energy sciences 
research program to expand the fundamental understanding of plasmas and 
matter at very high temperatures and densities and to build the 
scientific foundation necessary to enable fusion power.
    (b) Fusion Materials Research and Development.--As part of the 
activities authorized in section 978 of the Energy Policy Act of 2005 
(42 U.S.C. 16318)--
            (1) the Director, in coordination with the Assistant 
        Secretary for Nuclear Energy of the Department, shall carry out 
        research and development activities to identify, characterize, 
        and demonstrate materials that can endure the neutron, plasma, 
        and heat fluxes expected in a fusion power system; and
            (2) the Secretary shall--
                    (A) provide an assessment of the need for a 
                facility or facilities that can examine and test 
                potential fusion and next generation fission materials 
                and other enabling technologies relevant to the 
                development of fusion power; and
                    (B) provide an assessment of whether a single new 
                facility that substantially addresses magnetic fusion 
                and next generation fission materials research needs is 
                feasible, in conjunction with the expected capabilities 
                of facilities operational as of the date of enactment 
                of this Act.
    (c) Tokamak Research and Development.--
            (1) In general.--As part of the program described in 
        subsection (a), the Director shall support research and 
        development activities and facility operations to optimize the 
        tokamak approach to fusion energy.
            (2) ITER.--
                    (A) Report.--Not later than 1 year after the date 
                of enactment of this Act, the Secretary shall submit to 
                Congress a report providing an assessment of--
                            (i) the most recent schedule for ITER that 
                        has been approved by the ITER Council; and
                            (ii) progress of the ITER Council and the 
                        ITER Director General toward implementation of 
                        the recommendations of the Third Biennial 
                        International Organization Management 
                        Assessment Report.
                    (B) Fairness in competition for solicitations for 
                international project activities.--Section 33 of the 
                Atomic Energy Act of 1954 (42 U.S.C. 2053) is amended 
                by adding at the end the following: ``For purposes of 
                this section, with respect to international research 
                projects, the term `private facilities or laboratories' 
                shall refer to facilities or laboratories located in 
                the United States.''.
                    (C) Sense of congress.--It is the sense of Congress 
                that the United States should support a robust, diverse 
                fusion program. It is further the sense of Congress 
                that developing the scientific basis for fusion, 
                providing research results key to the success of ITER, 
                and training the next generation of fusion scientists 
                are of critical importance to the United States and 
                should in no way be diminished by participation of the 
                United States in the ITER project.
    (d) Inertial Fusion Energy Research and Development Program.--The 
Secretary shall carry out a program of research and technology 
development in inertial fusion for energy applications, including ion 
beam, laser, and pulsed power fusion systems.
    (e) Alternative and Enabling Concepts.--
            (1) In general.--As part of the program described in 
        subsection (a), the Director shall support research and 
        development activities and facility operations at United States 
        universities, national laboratories, and private facilities for 
        a portfolio of alternative and enabling fusion energy concepts 
        that may provide solutions to significant challenges to the 
        establishment of a commercial magnetic fusion power plant, 
        prioritized based on the ability of the United States to play a 
        leadership role in the international fusion research community. 
        Fusion energy concepts and activities explored under this 
        paragraph may include--
                    (A) high magnetic field approaches facilitated by 
                high temperature superconductors;
                    (B) advanced stellarator concepts;
                    (C) non-tokamak confinement configurations 
                operating at low magnetic fields;
                    (D) magnetized target fusion energy concepts;
                    (E) liquid metals to address issues associated with 
                fusion plasma interactions with the inner wall of the 
                encasing device;
                    (F) immersion blankets for heat management and fuel 
                breeding;
                    (G) advanced scientific computing activities; and
                    (H) other promising fusion energy concepts 
                identified by the Director.
            (2) Coordination with arpa-e.--The Under Secretary and the 
        Director shall coordinate with the Director of the Advanced 
        Research Projects Agency-Energy (in this paragraph referred to 
        as ``ARPA-E'') to--
                    (A) assess the potential for any fusion energy 
                project supported by ARPA-E to represent a promising 
                approach to a commercially viable fusion power plant;
                    (B) determine whether the results of any fusion 
                energy project supported by ARPA-E merit the support of 
                follow-on research activities carried out by the Office 
                of Science; and
                    (C) avoid unintentional duplication of activities.
    (f) General Plasma Science and Applications.--Not later than 2 
years after the date of enactment of this Act, the Secretary shall 
provide to Congress an assessment of opportunities in which the United 
States can provide world-leading contributions to advancing plasma 
science and non-fusion energy applications, and identify opportunities 
for partnering with other Federal agencies both within and outside of 
the Department of Energy.
    (g) Identification of Priorities.--
            (1) Report.--Not later than 2 years after the date of 
        enactment of this Act, the Secretary shall transmit to Congress 
        a report on the Department's proposed fusion energy research 
        and development activities over the following 10 years under at 
        least 3 realistic budget scenarios, including a scenario based 
        on 3 percent annual growth in the non-ITER portion of the 
        budget for fusion energy research and development activities. 
        The report shall--
                    (A) identify specific areas of fusion energy 
                research and enabling technology development in which 
                the United States can and should establish or solidify 
                a lead in the global fusion energy development effort;
                    (B) identify priorities for initiation of facility 
                construction and facility decommissioning under each of 
                those scenarios; and
                    (C) assess the ability of the United States fusion 
                workforce to carry out the activities identified in 
                subparagraphs (A) and (B), including the adequacy of 
                college and university programs to train the leaders 
                and workers of the next generation of fusion energy 
                researchers.
            (2) Process.--In order to develop the report required under 
        paragraph (1), the Secretary shall leverage best practices and 
        lessons learned from the process used to develop the most 
        recent report of the Particle Physics Project Prioritization 
        Panel of the High Energy Physics Advisory Panel. No member of 
        the Fusion Energy Sciences Advisory Committee shall be excluded 
        from participating in developing or voting on final approval of 
        the report required under paragraph (1).

SEC. 507. NUCLEAR PHYSICS.

    (a) Program.--The Director shall carry out a program of 
experimental and theoretical research, and support associated 
facilities, to discover, explore, and understand all forms of nuclear 
matter.
    (b) Isotope Development and Production for Research Applications.--
The Director shall carry out a program for the production of isotopes, 
including the development of techniques to produce isotopes, that the 
Secretary determines are needed for research, medical, industrial, or 
other purposes. In making this determination, the Secretary shall--
            (1) ensure that, as has been the policy of the United 
        States since the publication in 1965 of Federal Register notice 
        30 Fed. Reg. 3247, isotope production activities do not compete 
        with private industry unless critical national interests 
        necessitate the Federal Government's involvement;
            (2) ensure that activities undertaken pursuant to this 
        section, to the extent practicable, promote the growth of a 
        robust domestic isotope production industry; and
            (3) consider any relevant recommendations made by Federal 
        advisory committees, the National Academies, and interagency 
        working groups in which the Department participates.

SEC. 508. SCIENCE LABORATORIES INFRASTRUCTURE PROGRAM.

    (a) Program.--The Director shall carry out a program to improve the 
safety, efficiency, and mission readiness of infrastructure at Office 
of Science laboratories. The program shall include projects to--
            (1) renovate or replace space that does not meet research 
        needs;
            (2) replace facilities that are no longer cost effective to 
        renovate or operate;
            (3) modernize utility systems to prevent failures and 
        ensure efficiency;
            (4) remove excess facilities to allow safe and efficient 
        operations; and
            (5) construct modern facilities to conduct advanced 
        research in controlled environmental conditions.
    (b) Approach.--In carrying out this section, the Director shall 
utilize all available approaches and mechanisms, including capital line 
items, minor construction projects, energy savings performance 
contracts, utility energy service contracts, alternative financing, and 
expense funding, as appropriate.

SEC. 509. DOMESTIC MANUFACTURING.

    Not later than 1 year after the date of enactment of this Act, the 
Secretary shall transmit to the Committee on Science, Space, and 
Technology of the House of Representatives and the Committee on Energy 
and Natural Resources of the Senate a report on the current ability of 
domestic manufacturers to meet the procurement requirements for major 
ongoing projects funded by the Office of Science of the Department, 
including a calculation of the percentage of equipment acquired from 
domestic manufacturers for this purpose.

SEC. 510. AUTHORIZATION OF APPROPRIATIONS.

    (a) Fiscal Year 2016.--There are authorized to be appropriated to 
the Secretary for the Office of Science for fiscal year 2016 
$5,339,800,000, of which--
            (1) $1,850,000,000 shall be for Basic Energy Science;
            (2) $788,000,000 shall be for High Energy Physics;
            (3) $550,000,000 shall be for Biological and Environmental 
        Research;
            (4) $624,700,000 shall be for Nuclear Physics;
            (5) $621,000,000 shall be for Advanced Scientific Computing 
        Research;
            (6) $488,000,000 shall be for Fusion Energy Sciences;
            (7) $113,600,000 shall be for Science Laboratories 
        Infrastructure;
            (8) $181,000,000 shall be for Science Program Direction;
            (9) $103,000,000 shall be for Safeguards and Security; and
            (10) $20,500,000 shall be for Workforce Development for 
        Teachers and Scientists.
    (b) Fiscal Year 2017.--There are authorized to be appropriated to 
the Secretary for the Office of Science for fiscal year 2017 
$5,339,800,000, of which--
            (1) $1,850,000,000 shall be for Basic Energy Science;
            (2) $788,000,000 shall be for High Energy Physics;
            (3) $550,000,000 shall be for Biological and Environmental 
        Research;
            (4) $624,700,000 shall be for Nuclear Physics;
            (5) $621,000,000 shall be for Advanced Scientific Computing 
        Research;
            (6) $488,000,000 shall be for Fusion Energy Sciences;
            (7) $113,600,000 shall be for Science Laboratories 
        Infrastructure;
            (8) $181,000,000 shall be for Science Program Direction;
            (9) $103,000,000 shall be for Safeguards and Security; and
            (10) $20,500,000 shall be for Workforce Development for 
        Teachers and Scientists.

SEC. 511. DEFINITIONS.

    In this title--
            (1) the term ``Department'' means the Department of Energy;
            (2) the term ``Director'' means the Director of the Office 
        of Science of the Department; and
            (3) the term ``Secretary'' means the Secretary of Energy.

    TITLE VI--DEPARTMENT OF ENERGY APPLIED RESEARCH AND DEVELOPMENT

           Subtitle A--Crosscutting Research and Development

SEC. 601. CROSSCUTTING RESEARCH AND DEVELOPMENT.

    (a) Crosscutting Research and Development.--The Secretary shall, 
through the Under Secretary for Science and Energy, utilize the 
capabilities of the Department to identify strategic opportunities for 
collaborative research, development, demonstration, and commercial 
application of innovative science and technologies for--
            (1) advancing the understanding of the energy-water-land 
        use nexus;
            (2) modernizing the electric grid by improving energy 
        transmission and distribution systems security and resiliency;
            (3) utilizing supercritical carbon dioxide in electric 
        power generation;
            (4) subsurface technology and engineering;
            (5) high performance computing;
            (6) cybersecurity; and
            (7) critical challenges identified through comprehensive 
        energy studies, evaluations, and reviews.
    (b) Crosscutting Approaches.--To the maximum extent practicable, 
the Secretary shall seek to leverage existing programs, and consolidate 
and coordinate activities, throughout the Department to promote 
collaboration and crosscutting approaches within programs.
    (c) Additional Actions.--The Secretary shall--
            (1) prioritize activities that promote the utilization of 
        all affordable domestic resources;
            (2) develop a rigorous and realistic planning, evaluation, 
        and technical assessment framework for setting objective, long-
        term strategic goals and evaluating progress that ensures the 
        integrity and independence to insulate planning from political 
        influence and the flexibility to adapt to market dynamics;
            (3) ensure that activities shall be undertaken in a manner 
        that does not duplicate other activities within the Department 
        or other Federal Government activities; and
            (4) identify programs that may be more effectively left to 
        the States, industry, nongovernmental organizations, 
        institutions of higher education, or other stakeholders.

SEC. 602. STRATEGIC RESEARCH PORTFOLIO ANALYSIS AND COORDINATION PLAN.

    Section 994 of Energy Policy Act of 2005 (42 U.S.C. 16358) is 
amended to read as follows:

``SEC. 994. STRATEGIC RESEARCH PORTFOLIO ANALYSIS AND COORDINATION 
              PLAN.

    ``(a) In General.--The Secretary shall periodically review all of 
the science and technology activities of the Department in a strategic 
framework that takes into account the frontiers of science to which the 
Department can contribute, the national needs relevant to the 
Department's statutory missions, and global energy dynamics.
    ``(b) Coordination Analysis and Plan.--As part of the review under 
subsection (a), the Secretary shall develop a plan to improve 
coordination and collaboration in research, development, demonstration, 
and commercial application activities across Department organizational 
boundaries.
    ``(c) Plan Contents.--The plan shall describe--
            ``(1) crosscutting scientific and technical issues and 
        research questions that span more than one program or major 
        office of the Department;
            ``(2) how the applied technology programs of the Department 
        are coordinating their activities, and addressing those 
        questions;
            ``(3) ways in which the technical interchange within the 
        Department, particularly between the Office of Science and the 
        applied technology programs, can be enhanced, including limited 
        ways in which the research agendas of the Office of Science and 
        the applied programs can better interact and assist each other;
            ``(4) a description of how the Secretary will ensure that 
        the Department's overall research agenda include, in addition 
        to fundamental, curiosity-driven research, fundamental research 
        related to topics of concern to the applied programs, and 
        applications in Departmental technology programs of research 
        results generated by fundamental, curiosity-driven research;
            ``(5) critical assessments of any ongoing programs that 
        have experienced sub-par performance or cost over-runs of 10 
        percent or more over 1 or more years;
            ``(6) activities that may be more effectively left to the 
        States, industry, nongovernmental organizations, institutions 
        of higher education, or other stakeholders; and
            ``(7) detailed proposals for innovation hubs, institutes, 
        and research centers prior to establishment or renewal by the 
        Department, including--
                    ``(A) certification that all hubs, institutes, and 
                research centers will advance the mission of the 
                Department, and prioritize research, development, and 
                demonstration;
                    ``(B) certification that the establishment or 
                renewal of hubs, institutes, or research centers will 
                not diminish funds available for basic research and 
                development within the Office of Science; and
                    ``(C) certification that all hubs, institutes, and 
                research centers established or renewed within the 
                Office of Science are consistent with the mission of 
                the Office of Science as described in section 209(c) of 
                the Department of Energy Organization Act (42 U.S.C. 
                7139(c)).
    ``(d) Plan Transmittal.--Not later than 1 year after the date of 
enactment of the America COMPETES Reauthorization Act of 2015, and 
every 4 years thereafter, the Secretary shall transmit to the Committee 
on Science, Space, and Technology of the House of Representatives and 
the Committee on Energy and Natural Resources of the Senate the results 
of the review under subsection (a) and the coordination plan under 
subsection (b).''.

SEC. 603. STRATEGY FOR FACILITIES AND INFRASTRUCTURE.

    (a) Amendments.--Section 993 of the Energy Policy Act of 2005 (42 
U.S.C. 16357) is amended--
            (1) by amending the section heading to read as follows: 
        ``strategy for facilities and infrastructure''; and
            (2) in subsection (b)(1), by striking ``2008'' and 
        inserting ``2018''.
    (b) Table of Contents Amendment.--The item relating to section 993 
in the table of contents of the Energy Policy Act of 2005 is amended to 
read as follows:

``Sec. 993. Strategy for facilities and infrastructure.''.

SEC. 604. ENERGY INNOVATION HUBS.

    (a) Authorization of Program.--
            (1) In general.--The Secretary of Energy shall carry out a 
        program to enhance the Nation's economic, environmental, and 
        energy security by making awards to consortia for establishing 
        and operating Energy Innovation Hubs to conduct and support, 
        whenever practicable at one centralized location, 
        multidisciplinary, collaborative research, development, and 
        demonstration of advanced energy technologies.
            (2) Technology development focus.--The Secretary shall 
        designate for each Hub a unique advanced energy technology 
        focus.
            (3) Coordination.--The Secretary shall ensure the 
        coordination of, and avoid unnecessary duplication of, the 
        activities of Hubs with those of other Department of Energy 
        research entities, including the National Laboratories, the 
        Advanced Research Projects Agency-Energy, Energy Frontier 
        Research Centers, and within industry.
    (b) Consortia.--
            (1) Eligibility.--To be eligible to receive an award under 
        this section for the establishment and operation of a Hub, a 
        consortium shall--
                    (A) be composed of no fewer than two qualifying 
                entities; and
                    (B) operate subject to an agreement entered into by 
                its members that documents--
                            (i) the proposed partnership agreement, 
                        including the governance and management 
                        structure of the Hub;
                            (ii) measures to enable cost-effective 
                        implementation of the program under this 
                        section;
                            (iii) a proposed budget, including 
                        financial contributions from non-Federal 
                        sources;
                            (iv) a plan for managing intellectual 
                        property rights; and
                            (v) an accounting structure that enables 
                        the Secretary to ensure that the consortium has 
                        complied with the requirements of this section.
            (2) Application.--A consortium seeking to establish and 
        operate a Hub under this section, acting through a prime 
        applicant, shall transmit to the Secretary an application at 
        such time, in such form, and accompanied by such information as 
        the Secretary shall require, including a detailed description 
        of the elements of the consortium agreement required under 
        paragraph (1)(B). If the consortium members will not be located 
        at one centralized location, such application shall include a 
        communications plan that ensures close coordination and 
        integration of the Hub's activities.
    (c) Selection and Schedule.--The Secretary shall select consortia 
for awards for the establishment and operation of Hubs through 
competitive selection processes. In selecting consortia, the Secretary 
shall consider the information a consortium must disclose according to 
subsection (b), as well as any existing facilities a consortium will 
provide for Hub activities. Awards made to a Hub shall be for a period 
not to exceed 5 years, subject to the availability of appropriations, 
after which the award may be renewed, subject to a rigorous merit 
review. A Hub already in existence on the date of enactment of this Act 
may continue to receive support for a period of 5 years, subject to the 
availability of appropriations, beginning on the date of establishment 
of that Hub.
    (d) Hub Operations.--
            (1) In general.--Each Hub shall conduct or provide for 
        multidisciplinary, collaborative research, development, and 
        demonstration of advanced energy technologies within the 
        technology development focus designated under subsection 
        (a)(2). Each Hub shall--
                    (A) encourage collaboration and communication among 
                the member qualifying entities of the consortium and 
                awardees by conducting activities whenever practicable 
                at one centralized location;
                    (B) develop and publish on the Department of 
                Energy's website proposed plans and programs;
                    (C) submit an annual report to the Secretary 
                summarizing the Hub's activities, including detailing 
                organizational expenditures, and describing each 
                project undertaken by the Hub; and
                    (D) monitor project implementation and 
                coordination.
            (2) Conflicts of interest.--
                    (A) Procedures.--Hubs shall maintain conflict of 
                interest procedures, consistent with those of the 
                Department of Energy, to ensure that employees and 
                consortia designees for Hub activities who are in 
                decisionmaking capacities disclose all material 
                conflicts of interest, and avoid such conflicts.
                    (B) Disqualification and revocation.--The Secretary 
                may disqualify an application or revoke funds 
                distributed to a Hub if the Secretary discovers a 
                failure to comply with conflict of interest procedures 
                established under subparagraph (A).
            (3) Prohibition on construction.--
                    (A) In general.--No funds provided pursuant to this 
                section may be used for construction of new buildings 
                or facilities for Hubs. Construction of new buildings 
                or facilities shall not be considered as part of the 
                non-Federal share of a Hub cost-sharing agreement.
                    (B) Test bed and renovation exception.--Nothing in 
                this subsection shall prohibit the use of funds 
                provided pursuant to this section, or non-Federal cost 
                share funds, for research or for the construction of a 
                test bed or renovations to existing buildings or 
                facilities for the purposes of research if the 
                Secretary determines that the test bed or renovations 
                are limited to a scope and scale necessary for the 
                research to be conducted.
    (e) Termination.--Consistent with the existing authorities of the 
Department, the Secretary may terminate an underperforming Hub for 
cause during the performance period.
    (f) Definitions.--For purposes of this section:
            (1) Advanced energy technology.--The term ``advanced energy 
        technology'' means--
                    (A) an innovative technology--
                            (i) that produces energy from solar, wind, 
                        geothermal, biomass, tidal, wave, ocean, or 
                        other renewable energy resources;
                            (ii) that produces nuclear energy;
                            (iii) for carbon capture and sequestration;
                            (iv) that enables advanced vehicles, 
                        vehicle components, and related technologies 
                        that result in significant energy savings;
                            (v) that generates, transmits, distributes, 
                        utilizes, or stores energy more efficiently 
                        than conventional technologies, including 
                        through Smart Grid technologies; or
                            (vi) that enhances the energy independence 
                        and security of the United States by enabling 
                        improved or expanded supply and production of 
                        domestic energy resources, including coal, oil, 
                        and natural gas;
                    (B) research, development, and demonstration 
                activities necessary to ensure the long-term, secure, 
                and sustainable supply of energy critical elements; or
                    (C) another innovative energy technology area 
                identified by the Secretary.
            (2) Hub.--The term ``Hub'' means an Energy Innovation Hub 
        established or operating in accordance with this section, 
        including any Energy Innovation Hub existing as of the date of 
        enactment of this Act.
            (3) Qualifying entity.--The term ``qualifying entity'' 
        means--
                    (A) an institution of higher education;
                    (B) an appropriate State or Federal entity, 
                including the Department of Energy Federally Funded 
                Research and Development Centers;
                    (C) a nongovernmental organization with expertise 
                in advanced energy technology research, development, 
                demonstration, or commercial application; or
                    (D) any other relevant entity the Secretary 
                considers appropriate.

 Subtitle B--Electricity Delivery and Energy Reliability Research and 
                              Development

SEC. 611. DISTRIBUTED ENERGY AND ELECTRIC ENERGY SYSTEMS.

    Section 921 of the Energy Policy Act of 2005 (42 U.S.C. 16211) is 
amended to read as follows:

``SEC. 921. DISTRIBUTED ENERGY AND ELECTRIC ENERGY SYSTEMS.

    ``(a) In General.--The Secretary shall carry out programs of 
research, development, demonstration, and commercial application on 
distributed energy resources and systems reliability and efficiency, to 
improve the reliability and efficiency of distributed energy resources 
and systems, integrating advanced energy technologies with grid 
connectivity, including activities described in this subtitle. The 
programs shall address advanced energy technologies and systems and 
advanced grid security, resiliency, and reliability technologies.
    ``(b) Objectives.--To the maximum extent practicable, the Secretary 
shall seek to--
            ``(1) leverage existing programs;
            ``(2) consolidate and coordinate activities throughout the 
        Department to promote collaboration and crosscutting 
        approaches;
            ``(3) ensure activities are undertaken in a manner that 
        does not duplicate other activities within the Department or 
        other Federal Government activities; and
            ``(4) identify programs that may be more effectively left 
        to the States, industry, nongovernmental organizations, 
        institutions of higher education, or other stakeholders.''.

SEC. 612. ELECTRIC TRANSMISSION AND DISTRIBUTION RESEARCH AND 
              DEVELOPMENT.

    (a) Amendments.--Section 925 of the Energy Policy Act of 2005 (42 
U.S.C. 16215) is amended--
            (1) by amending the section heading to read as follows: 
        ``electric transmission and distribution research and 
        development'';
            (2) by amending subsection (a) to read as follows:
    ``(a) Program.--The Secretary shall establish a comprehensive 
research, development, and demonstration program to ensure the 
reliability, efficiency, and environmental integrity of electrical 
transmission and distribution systems, which shall include innovations 
for--
            ``(1) advanced energy delivery technologies, energy storage 
        technologies, materials, and systems;
            ``(2) advanced grid reliability and efficiency technology 
        development;
            ``(3) technologies contributing to significant load 
        reductions;
            ``(4) advanced metering, load management, and control 
        technologies;
            ``(5) technologies to enhance existing grid components;
            ``(6) the development and use of high-temperature 
        superconductors to--
                    ``(A) enhance the reliability, operational 
                flexibility, or power-carrying capability of electric 
                transmission or distribution systems; or
                    ``(B) increase the efficiency of electric energy 
                generation, transmission, distribution, or storage 
                systems;
            ``(7) integration of power systems, including systems to 
        deliver high-quality electric power, electric power 
        reliability, and combined heat and power;
            ``(8) supply of electricity to the power grid by small 
        scale, distributed, and residential-based power generators;
            ``(9) the development and use of advanced grid design, 
        operation, and planning tools;
            ``(10) technologies to enhance security for electrical 
        transmission and distributions systems; and
            ``(11) any other infrastructure technologies, as 
        appropriate.''; and
            (3) by amending subsection (c) to read as follows:
    ``(c) Implementation.--
            ``(1) Consortium.--The Secretary shall consider 
        implementing the program under this section using a consortium 
        of participants from industry, institutions of higher 
        education, and National Laboratories.
            ``(2) Objectives.--To the maximum extent practicable the 
        Secretary shall seek to--
                    ``(A) leverage existing programs;
                    ``(B) consolidate and coordinate activities, 
                throughout the Department to promote collaboration and 
                crosscutting approaches;
                    ``(C) ensure activities are undertaken in a manner 
                that does not duplicate other activities within the 
                Department or other Federal Government activities; and
                    ``(D) identify programs that may be more 
                effectively left to the States, industry, 
                nongovernmental organizations, institutions of higher 
                education, or other stakeholders.''.
    (b) Table of Contents Amendment.--The item relating to section 925 
in the table of contents of the Energy Policy Act of 2005 is amended to 
read as follows:

``Sec. 925. Electric transmission and distribution research and 
                            development.''.

          Subtitle C--Nuclear Energy Research and Development

SEC. 621. OBJECTIVES.

    Section 951 of the Energy Policy Act of 2005 (42 U.S.C. 16271) is 
amended--
            (1) by amending subsection (a) to read as follows:
    ``(a) In General.--The Secretary shall conduct programs of civilian 
nuclear energy research, development, demonstration, and commercial 
application, including activities described in this subtitle. Such 
programs shall take into consideration the following objectives:
            ``(1) Enhancing nuclear power's viability as part of the 
        United States energy portfolio.
            ``(2) Reducing used nuclear fuel and nuclear waste products 
        generated by civilian nuclear energy.
            ``(3) Supporting technological advances in areas that 
        industry by itself is not likely to undertake because of 
        technical and financial uncertainty.
            ``(4) Providing the technical means to reduce the 
        likelihood of nuclear proliferation.
            ``(5) Maintaining a cadre of nuclear scientists and 
        engineers.
            ``(6) Maintaining National Laboratory and university 
        nuclear programs, including their infrastructure.
            ``(7) Supporting both individual researchers and 
        multidisciplinary teams of researchers to pioneer new 
        approaches in nuclear energy, science, and technology.
            ``(8) Developing, planning, constructing, acquiring, and 
        operating special equipment and facilities for the use of 
        researchers.
            ``(9) Supporting technology transfer and other appropriate 
        activities to assist the nuclear energy industry, and other 
        users of nuclear science and engineering, including activities 
        addressing reliability, availability, productivity, component 
        aging, safety, and security of nuclear power plants.
            ``(10) Reducing the environmental impact of nuclear energy-
        related activities.
            ``(11) Researching and developing technologies and 
        processes to meet Federal and State requirements and standards 
        for nuclear power systems.'';
            (2) by striking subsections (b) through (d); and
            (3) by redesignating subsection (e) as subsection (b).

SEC. 622. PROGRAM OBJECTIVES STUDY.

    Section 951 of the Energy Policy Act of 2005 (42 U.S.C. 16271) is 
further amended by adding at the end the following new subsection:
    ``(c) Program Objectives Study.--In furtherance of the program 
objectives listed in subsection (a) of this section, the Government 
Accountability Office shall, within 1 year after the date of enactment 
of this subsection, transmit to the Congress a report on the results of 
a study on the scientific and technical merit of major Federal and 
State requirements and standards, including moratoria, that delay or 
impede the further development and commercialization of nuclear power, 
and how the Department can assist in overcoming such delays or 
impediments.''.

SEC. 623. NUCLEAR ENERGY RESEARCH AND DEVELOPMENT PROGRAMS.

    Section 952 of the Energy Policy Act of 2005 (42 U.S.C. 16272) is 
amended by striking subsections (c) through (e) and inserting the 
following:
    ``(c) Reactor Concepts.--
            ``(1) In general.--The Secretary shall carry out a program 
        of research, development, demonstration, and commercial 
        application to advance nuclear power systems as well as 
        technologies to sustain currently deployed systems.
            ``(2) Designs and technologies.--In conducting the program 
        under this subsection, the Secretary shall examine advanced 
        reactor designs and nuclear technologies, including those 
        that--
                    ``(A) have higher efficiency, lower cost, and 
                improved safety compared to reactors in operation as of 
                the date of enactment of the America COMPETES 
                Reauthorization Act of 2015;
                    ``(B) utilize passive safety features;
                    ``(C) minimize proliferation risks;
                    ``(D) substantially reduce production of high-level 
                waste per unit of output;
                    ``(E) increase the life and sustainability of 
                reactor systems currently deployed;
                    ``(F) use improved instrumentation;
                    ``(G) are capable of producing large-scale 
                quantities of hydrogen or process heat;
                    ``(H) minimize water usage or use alternatives to 
                water as a cooling mechanism; or
                    ``(I) use nuclear energy as part of an integrated 
                energy system.
            ``(3) International cooperation.--In carrying out the 
        program under this subsection, the Secretary shall seek 
        opportunities to enhance the progress of the program through 
        international cooperation through such organizations as the 
        Generation IV International Forum or any other international 
        collaboration the Secretary considers appropriate.
            ``(4) Exceptions.--No funds authorized to be appropriated 
        to carry out the activities described in this subsection shall 
        be used to fund the activities authorized under sections 641 
        through 645.''.

SEC. 624. SMALL MODULAR REACTOR PROGRAM.

    Section 952 of the Energy Policy Act of 2005 (42 U.S.C. 16272) is 
further amended by adding at the end the following new subsection:
    ``(d) Small Modular Reactor Program.--
            ``(1) In general.--The Secretary shall carry out a small 
        modular reactor program to promote research, development, 
        demonstration, and commercial application of small modular 
        reactors, including through cost-shared projects for commercial 
        application of reactor systems designs.
            ``(2) Consultation.--The Secretary shall consult with and 
        utilize the expertise of the Secretary of the Navy in 
        establishing and carrying out such program.
            ``(3) Additional activities.--Activities may also include 
        development of advanced computer modeling and simulation tools, 
        by Federal and non-Federal entities, which demonstrate and 
        validate new design capabilities of innovative small modular 
        reactor designs.
            ``(4) Definition.--For the purposes of this subsection, the 
        term `small modular reactor' means a nuclear reactor meeting 
        generally accepted industry standards--
                    ``(A) with a rated capacity of less than 300 
                electrical megawatts;
                    ``(B) with respect to which most parts can be 
                factory assembled and shipped as modules to a reactor 
                plant site for assembly; and
                    ``(C) that can be constructed and operated in 
                combination with similar reactors at a single site.''.

SEC. 625. FUEL CYCLE RESEARCH AND DEVELOPMENT.

    (a) Amendments.--Section 953 of the Energy Policy Act of 2005 (42 
U.S.C. 16273) is amended--
            (1) in the section heading by striking ``advanced fuel 
        cycle initiative'' and inserting ``fuel cycle research and 
        development'';
            (2) by striking subsection (a);
            (3) by redesignating subsections (b) through (d) as 
        subsections (d) through (f), respectively; and
            (4) by inserting before subsection (d), as so redesignated 
        by paragraph (3) of this subsection, the following new 
        subsections:
    ``(a) In General.--The Secretary shall conduct a fuel cycle 
research, development, demonstration, and commercial application 
program (referred to in this section as the `program') on fuel cycle 
options that improve uranium resource utilization, maximize energy 
generation, minimize nuclear waste creation, improve safety, mitigate 
risk of proliferation, and improve waste management in support of a 
national strategy for spent nuclear fuel and the reactor concepts 
research, development, demonstration, and commercial application 
program under section 952(c).
    ``(b) Fuel Cycle Options.--Under this section the Secretary may 
consider implementing the following initiatives:
            ``(1) Open cycle.--Developing fuels, including the use of 
        nonuranium materials and alternate claddings, for use in 
        reactors that increase energy generation, improve safety 
        performance and margins, and minimize the amount of nuclear 
        waste produced in an open fuel cycle.
            ``(2) Recycle.--Developing advanced recycling technologies, 
        including advanced reactor concepts to improve resource 
        utilization, reduce proliferation risks, and minimize 
        radiotoxicity, decay heat, and mass and volume of nuclear waste 
        to the greatest extent possible.
            ``(3) Advanced storage methods.--Developing advanced 
        storage technologies for both onsite and long-term storage that 
        substantially prolong the effective life of current storage 
        devices or that substantially improve upon existing nuclear 
        waste storage technologies and methods, including repositories.
            ``(4) Fast test reactor.--Investigating the potential 
        research benefits of a fast test reactor user facility to 
        conduct experiments on fuels and materials related to fuel 
        forms and fuel cycles that will increase fuel utilization, 
        reduce proliferation risks, and reduce nuclear waste products.
            ``(5) Advanced reactor innovation.--Developing an advanced 
        reactor innovation testbed where national laboratories, 
        universities, and industry can address advanced reactor design 
        challenges to enable construction and operation of privately 
        funded reactor prototypes to resolve technical uncertainty for 
        United States-based designs for future domestic and 
        international markets.
            ``(6) Other technologies.--Developing any other technology 
        or initiative that the Secretary determines is likely to 
        advance the objectives of the program.
    ``(c) Additional Advanced Recycling and Crosscutting Activities.--
In addition to and in support of the specific initiatives described in 
paragraphs (1) through (5) of subsection (b), the Secretary may support 
the following activities:
            ``(1) Development and testing of integrated process flow 
        sheets for advanced nuclear fuel recycling processes.
            ``(2) Research to characterize the byproducts and waste 
        streams resulting from fuel recycling processes.
            ``(3) Research and development on reactor concepts or 
        transmutation technologies that improve resource utilization or 
        reduce the radiotoxicity of waste streams.
            ``(4) Research and development on waste treatment processes 
        and separations technologies, advanced waste forms, and 
        quantification of proliferation risks.
            ``(5) Identification and evaluation of test and 
        experimental facilities necessary to successfully implement the 
        advanced fuel cycle initiative.
            ``(6) Advancement of fuel cycle-related modeling and 
        simulation capabilities.
            ``(7) Research to understand the behavior of high-burnup 
        fuels.''.
    (b) Conforming Amendment.--The item relating to section 953 in the 
table of contents of the Energy Policy Act of 2005 is amended to read 
as follows:

``Sec. 953. Fuel cycle research and development.''.

SEC. 626. NUCLEAR ENERGY ENABLING TECHNOLOGIES PROGRAM.

    (a) Amendment.--Subtitle E of title IX of the Energy Policy Act of 
2005 (42 U.S.C. 16271 et seq.) is amended by adding at the end the 
following new section:

``SEC. 958. NUCLEAR ENERGY ENABLING TECHNOLOGIES.

    ``(a) In General.--The Secretary shall conduct a program to support 
the integration of activities undertaken through the reactor concepts 
research, development, demonstration, and commercial application 
program under section 952(c) and the fuel cycle research and 
development program under section 953, and support crosscutting nuclear 
energy concepts. Activities commenced under this section shall be 
concentrated on broadly applicable research and development focus 
areas.
    ``(b) Activities.--Activities conducted under this section may 
include research involving--
            ``(1) advanced reactor materials;
            ``(2) advanced radiation mitigation methods;
            ``(3) advanced proliferation and security risk assessment 
        methods;
            ``(4) advanced sensors and instrumentation;
            ``(5) high performance computation modeling, including 
        multiphysics, multidimensional modeling simulation for nuclear 
        energy systems, and continued development of advanced modeling 
        simulation capabilities through national laboratory, industry, 
        and university partnerships for operations and safety 
        performance improvements of light water reactors for currently 
        deployed and near-term reactors and advanced reactors and for 
        the development of small modular reactors; and
            ``(6) any crosscutting technology or transformative concept 
        aimed at establishing substantial and revolutionary 
        enhancements in the performance of future nuclear energy 
        systems that the Secretary considers relevant and appropriate 
        to the purpose of this section.
    ``(c) Report.--The Secretary shall submit, as part of the annual 
budget submission of the Department, a report on the activities of the 
program conducted under this section, which shall include a brief 
evaluation of each activity's progress.''.
    (b) Conforming Amendment.--The table of contents of the Energy 
Policy Act of 2005 is amended by adding at the end of the items for 
subtitle E of title IX the following new item:

``Sec. 958. Nuclear energy enabling technologies.''.

SEC. 627. TECHNICAL STANDARDS COLLABORATION.

    (a) In General.--The Director of the National Institute of 
Standards and Technology shall establish a nuclear energy standards 
committee (in this section referred to as the ``technical standards 
committee'') to facilitate and support, consistent with the National 
Technology Transfer and Advancement Act of 1995, the development or 
revision of technical standards for new and existing nuclear power 
plants and advanced nuclear technologies.
    (b) Membership.--
            (1) In general.--The technical standards committee shall 
        include representatives from appropriate Federal agencies and 
        the private sector, and be open to materially affected 
        organizations involved in the development or application of 
        nuclear energy-related standards.
            (2) Co-chairs.--The technical standards committee shall be 
        co-chaired by a representative from the National Institute of 
        Standards and Technology and a representative from a private 
        sector standards organization.
    (c) Duties.--The technical standards committee shall, in 
cooperation with appropriate Federal agencies--
            (1) perform a needs assessment to identify and evaluate the 
        technical standards that are needed to support nuclear energy, 
        including those needed to support new and existing nuclear 
        power plants and advanced nuclear technologies, including 
        developing the technical basis for regulatory frameworks for 
        advanced reactors;
            (2) formulate, coordinate, and recommend priorities for the 
        development of new technical standards and the revision of 
        existing technical standards to address the needs identified 
        under paragraph (1);
            (3) facilitate and support collaboration and cooperation 
        among standards developers to address the needs and priorities 
        identified under paragraphs (1) and (2);
            (4) as appropriate, coordinate with other national, 
        regional, or international efforts on nuclear energy-related 
        technical standards in order to avoid conflict and duplication 
        and to ensure global compatibility; and
            (5) promote the establishment and maintenance of a database 
        of nuclear energy-related technical standards.
    (d) Authorization of Appropriations.--To the extent provided for in 
advance by appropriations Acts, the Secretary may transfer to the 
Director of the National Institute of Standards and Technology not to 
exceed $1,000,000 for fiscal year 2016 for the Secretary of Commerce to 
carry out this section from amounts appropriated for nuclear energy 
research and development within the Nuclear Energy Enabling 
Technologies account for the Department.

SEC. 628. AVAILABLE FACILITIES DATABASE.

    The Secretary shall prepare a database of non-Federal user 
facilities receiving Federal funds that may be used for unclassified 
nuclear energy research. The Secretary shall make this database 
accessible on the Department's website.

    Subtitle D--Energy Efficiency and Renewable Energy Research and 
                              Development

SEC. 641. ENERGY EFFICIENCY.

    Section 911 of the Energy Policy Act of 2005 (42 U.S.C. 16191) is 
amended to read as follows:

``SEC. 911. ENERGY EFFICIENCY.

    ``(a) Objectives.--The Secretary shall conduct programs of energy 
efficiency research, development, demonstration, and commercial 
application, including activities described in this subtitle. Such 
programs shall prioritize activities that industry by itself is not 
likely to undertake because of technical challenges or regulatory 
uncertainty, and take into consideration the following objectives:
            ``(1) Increasing energy efficiency.
            ``(2) Reducing the cost of energy.
            ``(3) Reducing the environmental impact of energy-related 
        activities.
    ``(b) Programs.--Programs under this subtitle shall include 
research, development, demonstration, and commercial application of--
            ``(1) innovative, affordable technologies to improve the 
        energy efficiency and environmental performance of vehicles, 
        including weight and drag reduction technologies, technologies, 
        modeling, and simulation for increasing vehicle connectivity 
        and automation, and whole-vehicle design optimization;
            ``(2) cost-effective technologies, for new construction and 
        retrofit, to improve the energy efficiency and environmental 
        performance of buildings, using a whole-buildings approach;
            ``(3) advanced technologies to improve the energy 
        efficiency, environmental performance, and process efficiency 
        of energy-intensive and waste-intensive industries;
            ``(4) technologies to improve the energy efficiency of 
        appliances and mechanical systems for buildings in extreme 
        climates, including cogeneration, trigeneration, and 
        polygeneration units;
            ``(5) advanced battery technologies; and
            ``(6) fuel cell and hydrogen technologies.''.

SEC. 642. NEXT GENERATION LIGHTING INITIATIVE.

    Section 912 of the Energy Policy Act of 2005 (42 U.S.C. 16192) and 
the item relating thereto in the table of contents of that Act are 
repealed.

SEC. 643. BUILDING STANDARDS.

    Section 914 of the Energy Policy Act of 2005 (42 U.S.C. 16194) is 
amended by striking subsection (c).

SEC. 644. SECONDARY ELECTRIC VEHICLE BATTERY USE PROGRAM.

    Section 915 of the Energy Policy Act of 2005 (42 U.S.C. 16195) and 
the item relating thereto in the table of contents of that Act are 
repealed.

SEC. 645. NETWORK FOR MANUFACTURING INNOVATION PROGRAM.

    To the extent provided for in advance by appropriations Acts, the 
Secretary may transfer to the National Institute of Standards and 
Technology up to $150,000,000 for the period encompassing fiscal years 
2015 through 2017 from amounts appropriated for advanced manufacturing 
research and development under this subtitle (and the amendments made 
by this subtitle) for the Secretary of Commerce to carry out the 
Network for Manufacturing Innovation Program authorized under section 
34 of the National Institute of Standards and Technology Act (15 U.S.C. 
278s).

SEC. 646. ADVANCED ENERGY TECHNOLOGY TRANSFER CENTERS.

    Section 917 of the Energy Policy Act of 2005 (42 U.S.C. 16197) is 
amended--
            (1) in subsection (a)--
                    (A) by inserting ``and'' at the end of paragraph 
                (2)(B);
                    (B) by striking ``; and'' at the end of paragraph 
                (3) and inserting a period; and
                    (C) by striking paragraph (4);
            (2) in subsection (b)--
                    (A) by striking paragraph (1);
                    (B) by redesignating paragraphs (2) through (5) as 
                paragraphs (1) through (4), respectively; and
                    (C) by striking paragraph (6);
            (3) by amending subsection (g) to read as follows:
    ``(g) Prohibition.--None of the funds awarded under this section 
may be used for the construction of facilities or the deployment of 
commercially available technologies.''; and
            (4) by striking subsection (i).

SEC. 647. RENEWABLE ENERGY.

    Section 931 of the Energy Policy Act of 2005 (42 U.S.C. 16231) is 
amended to read as follows:

``SEC. 931. RENEWABLE ENERGY.

    ``(a) In General.--
            ``(1) Objectives.--The Secretary shall conduct programs of 
        renewable energy research, development, demonstration, and 
        commercial application, including activities described in this 
        subtitle. Such programs shall prioritize discovery research and 
        development and take into consideration the following 
        objectives:
                    ``(A) Increasing the conversion efficiency of all 
                forms of renewable energy through improved 
                technologies.
                    ``(B) Decreasing the cost of renewable energy 
                generation and delivery.
                    ``(C) Promoting the diversity of the energy supply.
                    ``(D) Decreasing the dependence of the United 
                States on foreign mineral resources.
                    ``(E) Decreasing the environmental impact of 
                renewable energy-related activities.
                    ``(F) Increasing the export of renewable generation 
                technologies from the United States.
            ``(2) Programs.--
                    ``(A) Solar energy.--The Secretary shall conduct a 
                program of research, development, demonstration, and 
                commercial application for solar energy, including 
                innovations in--
                            ``(i) photovoltaics;
                            ``(ii) solar heating;
                            ``(iii) concentrating solar power;
                            ``(iv) lighting systems that integrate 
                        sunlight and electrical lighting in complement 
                        to each other; and
                            ``(v) development of technologies that can 
                        be easily integrated into new and existing 
                        buildings.
                    ``(B) Wind energy.--The Secretary shall conduct a 
                program of research, development, demonstration, and 
                commercial application for wind energy, including 
                innovations in--
                            ``(i) low speed wind energy;
                            ``(ii) testing and verification 
                        technologies;
                            ``(iii) distributed wind energy generation; 
                        and
                            ``(iv) transformational technologies for 
                        harnessing wind energy.
                    ``(C) Geothermal.--The Secretary shall conduct a 
                program of research, development, demonstration, and 
                commercial application for geothermal energy, including 
                technologies for--
                            ``(i) improving detection of geothermal 
                        resources;
                            ``(ii) decreasing drilling costs;
                            ``(iii) decreasing maintenance costs 
                        through improved materials;
                            ``(iv) increasing the potential for other 
                        revenue sources, such as mineral production; 
                        and
                            ``(v) increasing the understanding of 
                        reservoir life cycle and management.
                    ``(D) Hydropower.--The Secretary shall conduct a 
                program of research, development, demonstration, and 
                commercial application for technologies that enable the 
                development of new and incremental hydropower capacity, 
                including:
                            ``(i) Advanced technologies to enhance 
                        environmental performance and yield greater 
                        energy efficiencies.
                            ``(ii) Ocean energy, including wave energy.
                    ``(E) Miscellaneous projects.--The Secretary shall 
                conduct research, development, demonstration, and 
                commercial application programs for--
                            ``(i) the combined use of renewable energy 
                        technologies with one another and with other 
                        energy technologies, including the combined use 
                        of renewable power and fossil technologies;
                            ``(ii) renewable energy technologies for 
                        cogeneration of hydrogen and electricity; and
                            ``(iii) kinetic hydro turbines.
    ``(b) Rural Demonstration Projects.--In carrying out this section, 
the Secretary, in consultation with the Secretary of Agriculture, shall 
give priority to demonstrations that assist in delivering electricity 
to rural and remote locations including--
            ``(1) advanced renewable power technology, including 
        combined use with fossil technologies;
            ``(2) biomass; and
            ``(3) geothermal energy systems.
    ``(c) Analysis and Evaluation.--
            ``(1) In general.--The Secretary shall conduct analysis and 
        evaluation in support of the renewable energy programs under 
        this subtitle. These activities shall be used to guide budget 
        and program decisions, and shall include--
                    ``(A) economic and technical analysis of renewable 
                energy potential, including resource assessment;
                    ``(B) analysis of past program performance, both in 
                terms of technical advances and in market introduction 
                of renewable energy;
                    ``(C) assessment of domestic and international 
                market drivers, including the impacts of any Federal, 
                State, or local grants, loans, loan guarantees, tax 
                incentives, statutory or regulatory requirements, or 
                other government initiatives; and
                    ``(D) any other analysis or evaluation that the 
                Secretary considers appropriate.
            ``(2) Funding.--The Secretary may designate up to 1 percent 
        of the funds appropriated for carrying out this subtitle for 
        analysis and evaluation activities under this subsection.
            ``(3) Submittal to congress.--This analysis and evaluation 
        shall be submitted to the Committee on Science, Space, and 
        Technology of the House of Representatives and the Committee on 
        Energy and Natural Resources of the Senate at least 30 days 
        before each annual budget request is submitted to Congress.''.

SEC. 648. BIOENERGY PROGRAM.

    Section 932 of the Energy Policy Act of 2005 (42 U.S.C. 16232) is 
amended to read as follows:

``SEC. 932. BIOENERGY PROGRAM.

    ``(a) Program.--The Secretary shall conduct a program of research, 
development, demonstration, and commercial application for bioenergy, 
including innovations in--
            ``(1) biopower energy systems;
            ``(2) biofuels;
            ``(3) bioproducts;
            ``(4) integrated biorefineries that may produce biopower, 
        biofuels, and bioproducts; and
            ``(5) crosscutting research and development in feedstocks.
    ``(b) Biofuels and Bioproducts.--The goals of the biofuels and 
bioproducts programs shall be to develop, in partnership with industry 
and institutions of higher education--
            ``(1) advanced biochemical and thermochemical conversion 
        technologies capable of making fuels from lignocellulosic 
        feedstocks that are price-competitive with fossil-based fuels 
        and fully compatible with either internal combustion engines or 
        fuel cell-powered vehicles;
            ``(2) advanced conversion of biomass to biofuels and 
        bioproducts as part of integrated biorefineries based on either 
        biochemical processes, thermochemical processes, or hybrids of 
        these processes; and
            ``(3) other advanced processes that will enable the 
        development of cost-effective bioproducts, including biofuels.
    ``(c) Retrofit Technologies for the Development of Ethanol From 
Cellulosic Materials.--The Secretary shall establish a program of 
research, development, demonstration, and commercial application for 
technologies and processes to enable biorefineries that exclusively use 
corn grain or corn starch as a feedstock to produce ethanol to be 
retrofitted to accept a range of biomass, including lignocellulosic 
feedstocks.
    ``(d) Limitations.--None of the funds authorized for carrying out 
this section may be used to fund commercial biofuels production for 
defense purposes.
    ``(e) Definitions.--In this section:
            ``(1) Biomass.--The term `biomass' means--
                    ``(A) any organic material grown for the purpose of 
                being converted to energy;
                    ``(B) any organic byproduct of agriculture 
                (including wastes from food production and processing) 
                that can be converted into energy; or
                    ``(C) any waste material that can be converted to 
                energy, is segregated from other waste materials, and 
                is derived from--
                            ``(i) any of the following forest-related 
                        resources: mill residues, precommercial 
                        thinnings, slash, brush, or otherwise 
                        nonmerchantable material;
                            ``(ii) wood waste materials, including 
                        waste pallets, crates, dunnage, manufacturing 
                        and construction wood wastes (other than 
                        pressure-treated, chemically treated, or 
                        painted wood wastes), and landscape or right-
                        of-way tree trimmings, but not including 
                        municipal solid waste, gas derived from the 
                        biodegradation of municipal solid waste, or 
                        paper that is commonly recycled; or
                            ``(iii) solids derived from waste water 
                        treatment processes.
            ``(2) Lignocellulosic feedstock.--The term `lignocellulosic 
        feedstock' means any portion of a plant or coproduct from 
        conversion, including crops, trees, forest residues, grasses, 
        and agricultural residues not specifically grown for food, 
        including from barley grain, grapeseed, rice bran, rice hulls, 
        rice straw, soybean matter, cornstover, and sugarcane 
        bagasse.''.

SEC. 649. CONCENTRATING SOLAR POWER RESEARCH PROGRAM.

    Section 934 of the Energy Policy Act of 2005 (42 U.S.C. 16234) and 
the item relating thereto in the table of contents of that Act are 
repealed.

SEC. 650. RENEWABLE ENERGY IN PUBLIC BUILDINGS.

    Section 935 of the Energy Policy Act of 2005 (42 U.S.C. 16235) and 
the item relating thereto in the table of contents of that Act are 
repealed.

           Subtitle E--Fossil Energy Research and Development

SEC. 661. FOSSIL ENERGY.

    Section 961 of Energy Policy Act of 2005 (42 U.S.C. 16291) is 
amended to read as follows:

``SEC. 961. FOSSIL ENERGY.

    ``(a) In General.--The Secretary shall carry out research, 
development, demonstration, and commercial application programs in 
fossil energy, including activities under this subtitle, with the goal 
of improving the efficiency, effectiveness, and environmental 
performance of fossil energy production, upgrading, conversion, and 
consumption. Such programs shall take into consideration the following 
objectives:
            ``(1) Increasing the energy conversion efficiency of all 
        forms of fossil energy through improved technologies.
            ``(2) Decreasing the cost of all fossil energy production, 
        generation, and delivery.
            ``(3) Promoting diversity of energy supply.
            ``(4) Decreasing the dependence of the United States on 
        foreign energy supplies.
            ``(5) Decreasing the environmental impact of energy-related 
        activities.
            ``(6) Increasing the export of fossil energy-related 
        equipment, technology, and services from the United States.
    ``(b) Objectives.--To the maximum extent practicable, the Secretary 
shall seek to--
            ``(1) leverage existing programs;
            ``(2) consolidate and coordinate activities throughout the 
        Department to promote collaboration and crosscutting 
        approaches;
            ``(3) ensure activities are undertaken in a manner that 
        does not duplicate other activities within the Department or 
        other Federal Government activities; and
            ``(4) identify programs that may be more effectively left 
        to the States, industry, nongovernmental organizations, 
        institutions of higher education, or other stakeholders.
    ``(c) Limitations.--
            ``(1) Uses.--None of the funds authorized for carrying out 
        this section may be used for Fossil Energy Environmental 
        Restoration.
            ``(2) Institutions of higher education.--Not less than 20 
        percent of the funds appropriated for carrying out section 964 
        of this Act for each fiscal year shall be dedicated to research 
        and development carried out at institutions of higher 
        education.
            ``(3) Use for regulatory assessments or determinations.--
        The results of any research, development, demonstration, or 
        commercial application projects or activities of the Department 
        authorized under this subtitle may not be used for regulatory 
        assessments or determinations by Federal regulatory 
        authorities.
    ``(d) Assessments.--
            ``(1) Constraints against bringing resources to market.--
        Not later than 1 year after the date of enactment of the 
        America COMPETES Reauthorization Act of 2015, the Secretary 
        shall transmit to Congress an assessment of the technical, 
        institutional, policy, and regulatory constraints to bringing 
        new domestic fossil resources to market.
            ``(2) Technology capabilities.--Not later than 2 years 
        after the date of enactment of the America COMPETES 
        Reauthorization Act of 2015, the Secretary shall transmit to 
        Congress a long-term assessment of existing and projected 
        technological capabilities for expanded production from 
        domestic unconventional oil, gas, and methane reserves.''.

SEC. 662. COAL RESEARCH, DEVELOPMENT, DEMONSTRATION, AND COMMERCIAL 
              APPLICATION PROGRAMS.

    (a) In General.--Section 962 of the Energy Policy Act of 2005 (42 
U.S.C. 16292) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (10), by striking ``and'' at the 
                end;
                    (B) in paragraph (11), by striking the period at 
                the end and inserting a semicolon; and
                    (C) by adding at the end the following:
            ``(12) specific additional programs to address water use 
        and reuse;
            ``(13) the testing, including the construction of testing 
        facilities, of high temperature materials for use in advanced 
        systems for combustion or use of coal; and
            ``(14) innovations to application of existing coal 
        conversion systems designed to increase efficiency of 
        conversion, flexibility of operation, and other modifications 
        to address existing usage requirements.'';
            (2) by redesignating subsections (b) through (d) as 
        subsections (c) through (e), respectively;
            (3) by inserting after subsection (a) the following:
    ``(b) Transformational Coal Technology Program.--
            ``(1) In general.--As part of the program established under 
        subsection (a), the Secretary may carry out a program designed 
        to undertake research, development, demonstration, and 
        commercial application of technologies, including the 
        accelerated development of--
                    ``(A) chemical looping technology;
                    ``(B) supercritical carbon dioxide power generation 
                cycles;
                    ``(C) pressurized oxycombustion, including new and 
                retrofit technologies; and
                    ``(D) other technologies that are characterized by 
                the use of--
                            ``(i) alternative energy cycles;
                            ``(ii) thermionic devices using waste heat;
                            ``(iii) fuel cells;
                            ``(iv) replacement of chemical processes 
                        with biotechnology;
                            ``(v) nanotechnology;
                            ``(vi) new materials in applications (other 
                        than extending cycles to higher temperature and 
                        pressure), such as membranes or ceramics;
                            ``(vii) carbon utilization, such as in 
                        construction materials, using low quality 
                        energy to reconvert back to a fuel, or 
                        manufactured food;
                            ``(viii) advanced gas separation concepts; 
                        and
                            ``(ix) other technologies, including--
                                    ``(I) modular, manufactured 
                                components; and
                                    ``(II) innovative production or 
                                research techniques, such as using 3-D 
                                printer systems, for the production of 
                                early research and development 
                                prototypes.
            ``(2) Cost share.--In carrying out the program described in 
        paragraph (1), the Secretary shall enter into partnerships with 
        private entities to share the costs of carrying out the 
        program. The Secretary may reduce the non-Federal cost share 
        requirement if the Secretary determines that the reduction is 
        necessary and appropriate considering the technological risks 
        involved in the project.''; and
            (4) in subsection (c) (as so redesignated) by striking 
        paragraph (1) and inserting the following:
            ``(1) In general.--In carrying out programs authorized by 
        this section, the Secretary shall identify cost and performance 
        goals for coal-based technologies that would permit the 
        continued cost-competitive use of coal for the production of 
        electricity, chemical feedstocks, transportation fuels, and 
        other marketable products.''.
    (b) Advisory Committee; Authorization of Appropriations.--Section 
963 of the Energy Policy Act of 2005 (42 U.S.C. 16293) is amended--
            (1) by amending paragraph (6) of subsection (c) to read as 
        follows:
            ``(6) Advisory committee.--
                    ``(A) In general.--Subject to subparagraph (B), the 
                Secretary shall establish an advisory committee to 
                undertake, not less frequently than once every 3 years, 
                a review and prepare a report on the progress being 
                made by the Department of Energy to achieve the goals 
                described in subsections (a) and (b) of section 962 and 
                subsection (b) of this section.
                    ``(B) Membership requirements.--Members of the 
                advisory committee established under subparagraph (A) 
                shall be appointed by the Secretary, except that three 
                members shall be appointed by the Speaker of the House 
                of Representatives and two members shall be appointed 
                by the Majority Leader of the Senate. The total number 
                of members of the advisory committee shall be 15.''; 
                and
            (2) by amending subsection (d) to read as follows:
    ``(d) Study of Carbon Dioxide Pipelines.--Not later than 1 year 
after the date of enactment of the America COMPETES Reauthorization Act 
of 2015, the Secretary shall transmit to Congress the results of a 
study to assess the cost and feasibility of engineering, permitting, 
building, maintaining, regulating, and insuring a national system of 
carbon dioxide pipelines.''.

SEC. 663. HIGH EFFICIENCY GAS TURBINES RESEARCH AND DEVELOPMENT.

    (a) In General.--The Secretary, through the Office of Fossil 
Energy, shall carry out a multiyear, multiphase program of research, 
development, demonstration, and commercial application to innovate 
technologies to maximize the efficiency of gas turbines used in power 
generation systems.
    (b) Program Elements.--The program under this section shall--
            (1) support innovative engineering and detailed gas turbine 
        design for megawatt-scale and utility-scale electric power 
        generation, including--
                    (A) high temperature materials, including 
                superalloys, coatings, and ceramics;
                    (B) improved heat transfer capability;
                    (C) manufacturing technology required to construct 
                complex three-dimensional geometry parts with improved 
                aerodynamic capability;
                    (D) combustion technology to produce higher firing 
                temperature while lowering nitrogen oxide and carbon 
                monoxide emissions per unit of output;
                    (E) advanced controls and systems integration;
                    (F) advanced high performance compressor 
                technology; and
                    (G) validation facilities for the testing of 
                components and subsystems;
            (2) include technology demonstration through component 
        testing, subscale testing, and full scale testing in existing 
        fleets;
            (3) include field demonstrations of the developed 
        technology elements so as to demonstrate technical and economic 
        feasibility; and
            (4) assess overall combined cycle and simple cycle system 
        performance.
    (c) Program Goals.--The goals of the multiphase program established 
under subsection (a) shall be--
            (1) in phase I--
                    (A) to develop the conceptual design of advanced 
                high efficiency gas turbines that can achieve at least 
                62 percent combined cycle efficiency or 47 percent 
                simple cycle efficiency on a lower heating value basis; 
                and
                    (B) to develop and demonstrate the technology 
                required for advanced high efficiency gas turbines that 
                can achieve at least 62 percent combined cycle 
                efficiency or 47 percent simple cycle efficiency on a 
                lower heating value basis; and
            (2) in phase II, to develop the conceptual design for 
        advanced high efficiency gas turbines that can achieve at least 
        65 percent combined cycle efficiency or 50 percent simple cycle 
        efficiency on a lower heating value basis.
    (d) Proposals.--Within 180 days after the date of enactment of this 
Act, the Secretary shall solicit grant and contract proposals from 
industry, small businesses, universities, and other appropriate parties 
for conducting activities under this section. In selecting proposals, 
the Secretary shall emphasize--
            (1) the extent to which the proposal will stimulate the 
        creation or increased retention of jobs in the United States; 
        and
            (2) the extent to which the proposal will promote and 
        enhance United States technology leadership.
    (e) Competitive Awards.--The provision of funding under this 
section shall be on a competitive basis with an emphasis on technical 
merit.
    (f) Cost Sharing.--Section 988 of the Energy Policy Act of 2005 (42 
U.S.C. 16352) shall apply to an award of financial assistance made 
under this section.

          Subtitle F--Advanced Research Projects Agency-Energy

SEC. 671. ARPA-E AMENDMENTS.

    Section 5012 of the America COMPETES Act (42 U.S.C. 16538) is 
amended--
            (1) by amending paragraph (1) of subsection (c) to read as 
        follows:
            ``(1) In general.--The goals of ARPA-E shall be to enhance 
        the economic and energy security of the United States and to 
        ensure that the United States maintains a technological lead 
        through the development of advanced energy technologies.'';
            (2) in subsection (i)(1), by inserting ``ARPA-E shall not 
        provide funding for a project unless the prospective grantee 
        demonstrates sufficient attempts to secure private financing or 
        indicates that the project is not independently commercially 
        viable.'' after ``relevant research agencies.'';
            (3) in subsection (l)(1), by inserting ``and once every 6 
        years thereafter,'' after ``operation for 6 years,''; and
            (4) by redesignating subsection (n) as subsection (o) and 
        inserting after subsection (m) the following new subsection:
    ``(n) Protection of Proprietary Information.--
            ``(1) In general.--The following categories of information 
        collected by the Advanced Research Projects Agency-Energy from 
        recipients of financial assistance awards shall be considered 
        privileged and confidential and not subject to disclosure 
        pursuant to section 552 of title 5, United States Code:
                    ``(A) Plans for commercialization of technologies 
                developed under the award, including business plans, 
                technology to market plans, market studies, and cost 
                and performance models.
                    ``(B) Investments provided to an awardee from third 
                parties, such as venture capital, hedge fund, or 
                private equity firms, including amounts and percentage 
                of ownership of the awardee provided in return for such 
                investments.
                    ``(C) Additional financial support that the awardee 
                plans to invest or has invested into the technology 
                developed under the award, or that the awardee is 
                seeking from third parties.
                    ``(D) Revenue from the licensing or sale of new 
                products or services resulting from the research 
                conducted under the award.
            ``(2) Effect of subsection.--Nothing in this subsection 
        affects--
                    ``(A) the authority of the Secretary to use 
                information without publicly disclosing such 
                information; or
                    ``(B) the responsibility of the Secretary to 
                transmit information to Congress as required by law.''.

              Subtitle G--Authorization of Appropriations

SEC. 681. AUTHORIZATION OF APPROPRIATIONS.

    (a) Electricity Delivery and Energy Reliability Research and 
Development.--There are authorized to be appropriated to the Secretary 
for research, development, demonstration, and commercial application 
for electrical delivery and energy reliability technology activities 
within the Office of Electricity $113,000,000 for each of fiscal years 
2016 and 2017.
    (b) Nuclear Energy.--
            (1) In general.--There are authorized to be appropriated to 
        the Secretary for research, development, demonstration, and 
        commercial application for nuclear energy technology activities 
        within the Office of Nuclear Energy $504,600,000 for each of 
        fiscal years 2016 and 2017.
            (2) Limitation.--Any amounts made available pursuant to the 
        authorization of appropriations under paragraph (1) shall not 
        be derived from the Nuclear Waste Fund established under 
        section 302(c) of the Nuclear Waste Policy Act of 1982 (42 
        U.S.C. 10222(c)).
    (c) Energy Efficiency and Renewable Energy.--There are authorized 
to be appropriated to the Secretary for research, development, 
demonstration, and commercial application for energy efficiency and 
renewable energy technology activities within the Office of Energy 
Efficiency and Renewable Energy $1,193,500,000 for each of fiscal years 
2016 and 2017.
    (d) Fossil Energy.--There are authorized to be appropriated to the 
Secretary for research, development, demonstration, and commercial 
application for fossil energy technology activities within the Office 
of Fossil Energy $605,000,000 for each of fiscal years 2016 and 2017.
    (e) ARPA-E.--There are authorized to be appropriated to the 
Secretary for the Advanced Research Projects Agency-Energy $140,000,000 
for each of fiscal years 2016 and 2017.

                        Subtitle H--Definitions

SEC. 691. DEFINITIONS.

    In this title--
            (1) the term ``Department'' means the Department of Energy; 
        and
            (2) the term ``Secretary'' means the Secretary of Energy.

          TITLE VII--DEPARTMENT OF ENERGY TECHNOLOGY TRANSFER

                         Subtitle A--In General

SEC. 701. DEFINITIONS.

    In this title:
            (1) Department.--The term ``Department'' means the 
        Department of Energy.
            (2) National laboratory.--The term ``National Laboratory'' 
        means a Department of Energy nonmilitary national laboratory, 
        including--
                    (A) Ames Laboratory;
                    (B) Argonne National Laboratory;
                    (C) Brookhaven National Laboratory;
                    (D) Fermi National Accelerator Laboratory;
                    (E) Idaho National Laboratory;
                    (F) Lawrence Berkeley National Laboratory;
                    (G) National Energy Technology Laboratory;
                    (H) National Renewable Energy Laboratory;
                    (I) Oak Ridge National Laboratory;
                    (J) Pacific Northwest National Laboratory;
                    (K) Princeton Plasma Physics Laboratory;
                    (L) Savannah River National Laboratory;
                    (M) Stanford Linear Accelerator Center;
                    (N) Thomas Jefferson National Accelerator Facility; 
                and
                    (O) any laboratory operated by the National Nuclear 
                Security Administration, but only with respect to the 
                civilian energy activities thereof.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of Energy.

SEC. 702. SAVINGS CLAUSE.

    Nothing in this title or an amendment made by this title abrogates 
or otherwise affects the primary responsibilities of any National 
Laboratory to the Department.

       Subtitle B--Innovation Management at Department of Energy

SEC. 712. TECHNOLOGY TRANSFER AND TRANSITIONS ASSESSMENT.

    Not later than 1 year after the date of enactment of this Act, and 
annually thereafter, the Secretary shall transmit to the Committee on 
Science, Space, and Technology of the House of Representatives and the 
Committee on Energy and Natural Resources of the Senate a report which 
shall include--
            (1) an assessment of the Department's current ability to 
        carry out the goals of section 1001 of the Energy Policy Act of 
        2005 (42 U.S.C. 16391), including an assessment of the role and 
        effectiveness of the Director of the Office of Technology 
        Transitions; and
            (2) recommended departmental policy changes and legislative 
        changes to section 1001 of the Energy Policy Act of 2005 (42 
        U.S.C. 16391) to improve the Department's ability to 
        successfully transfer new energy technologies to the private 
        sector.

SEC. 713. SENSE OF CONGRESS.

    It is the sense of the Congress that the Secretary should encourage 
the National Laboratories and federally funded research and development 
centers to inform small businesses of the opportunities and resources 
that exist pursuant to this title.

SEC. 714. NUCLEAR ENERGY INNOVATION.

    Not later than 180 days after the date of enactment of this Act, 
the Secretary, in consultation with the National Laboratories, relevant 
Federal agencies, and other stakeholders, shall transmit to the 
Committee on Science, Space, and Technology of the House of 
Representatives and the Committee on Energy and Natural Resources of 
the Senate a report assessing the Department's capabilities to 
authorize, host, and oversee privately funded fusion and non-light 
water reactor prototypes and related demonstration facilities at 
Department-owned sites. For purposes of this report, the Secretary 
shall consider the Department's capabilities to facilitate privately-
funded prototypes up to 20 megawatts thermal output. The report shall 
address the following:
            (1) The Department's safety review and oversight 
        capabilities.
            (2) Potential sites capable of hosting research, 
        development, and demonstration of prototype reactors and 
        related facilities for the purpose of reducing technical risk.
            (3) The Department's and National Laboratories' existing 
        physical and technical capabilities relevant to research, 
        development, and oversight.
            (4) The efficacy of the Department's available contractual 
        mechanisms, including cooperative research and development 
        agreements, work for others agreements, and agreements for 
        commercializing technology.
            (5) Potential cost structures related to physical security, 
        decommissioning, liability, and other long-term project costs.
            (6) Other challenges or considerations identified by the 
        Secretary, including issues related to potential cases of 
        demonstration reactors up to 2 gigawatts of thermal output.

    Subtitle C--Cross-Sector Partnerships and Grant Competitiveness

SEC. 721. AGREEMENTS FOR COMMERCIALIZING TECHNOLOGY PILOT PROGRAM.

    (a) In General.--The Secretary shall carry out the Agreements for 
Commercializing Technology pilot program of the Department, as 
announced by the Secretary on December 8, 2011, in accordance with this 
section.
    (b) Terms.--Each agreement entered into pursuant to the pilot 
program referred to in subsection (a) shall provide to the contractor 
of the applicable National Laboratory, to the maximum extent determined 
to be appropriate by the Secretary, increased authority to negotiate 
contract terms, such as intellectual property rights, payment 
structures, performance guarantees, and multiparty collaborations.
    (c) Eligibility.--
            (1) In general.--Any director of a National Laboratory may 
        enter into an agreement pursuant to the pilot program referred 
        to in subsection (a).
            (2) Agreements with non-federal entities.--To carry out 
        paragraph (1) and subject to paragraph (3), the Secretary shall 
        permit the directors of the National Laboratories to execute 
        agreements with a non-Federal entity, including a non-Federal 
        entity already receiving Federal funding that will be used to 
        support activities under agreements executed pursuant to 
        paragraph (1), provided that such funding is solely used to 
        carry out the purposes of the Federal award.
            (3) Restriction.--The requirements of chapter 18 of title 
        35, United States Code (commonly known as the ``Bayh-Dole 
        Act'') shall apply if--
                    (A) the agreement is a funding agreement (as that 
                term is defined in section 201 of that title); and
                    (B) at least one of the parties to the funding 
                agreement is eligible to receive rights under that 
                chapter.
    (d) Submission to Secretary.--Each affected director of a National 
Laboratory shall submit to the Secretary, with respect to each 
agreement entered into under this section--
            (1) a summary of information relating to the relevant 
        project;
            (2) the total estimated costs of the project;
            (3) estimated commencement and completion dates of the 
        project; and
            (4) other documentation determined to be appropriate by the 
        Secretary.
    (e) Certification.--The Secretary shall require the contractor of 
the affected National Laboratory to certify that each activity carried 
out under a project for which an agreement is entered into under this 
section--
            (1) is not in direct competition with the private sector; 
        and
            (2) does not present, or minimizes, any apparent conflict 
        of interest, and avoids or neutralizes any actual conflict of 
        interest, as a result of the agreement under this section.
    (f) Extension.--The pilot program referred to in subsection (a) 
shall be extended until October 31, 2017.
    (g) Reports.--
            (1) Overall assessment.--Not later than 60 days after the 
        date described in subsection (f), the Secretary, in 
        coordination with directors of the National Laboratories, shall 
        submit to the Committee on Science, Space, and Technology of 
        the House of Representatives and the Committee on Energy and 
        Natural Resources of the Senate a report that--
                    (A) assesses the overall effectiveness of the pilot 
                program referred to in subsection (a);
                    (B) identifies opportunities to improve the 
                effectiveness of the pilot program;
                    (C) assesses the potential for program activities 
                to interfere with the responsibilities of the National 
                Laboratories to the Department; and
                    (D) provides a recommendation regarding the future 
                of the pilot program.
            (2) Transparency.--The Secretary, in coordination with 
        directors of the National Laboratories, shall submit to the 
        Committee on Science, Space, and Technology of the House of 
        Representatives and the Committee on Energy and Natural 
        Resources of the Senate an annual report that accounts for all 
        incidences of, and provides a justification for, non-Federal 
        entities using funds derived from a Federal contract or award 
        to carry out agreements pursuant to this section.

SEC. 722. PUBLIC-PRIVATE PARTNERSHIPS FOR COMMERCIALIZATION.

    (a) In General.--Subject to subsections (b) and (c), the Secretary 
shall delegate to directors of the National Laboratories signature 
authority with respect to any agreement described in subsection (b) the 
total cost of which (including the National Laboratory contributions 
and project recipient cost share) is less than $1 million.
    (b) Agreements.--Subsection (a) applies to--
            (1) a cooperative research and development agreement;
            (2) a non-Federal work-for-others agreement; and
            (3) any other agreement determined to be appropriate by the 
        Secretary, in collaboration with the directors of the National 
        Laboratories.
    (c) Administration.--
            (1) Accountability.--The director of the affected National 
        Laboratory and the affected contractor shall carry out an 
        agreement under this section in accordance with applicable 
        policies of the Department, including by ensuring that the 
        agreement does not compromise any national security, economic, 
        or environmental interest of the United States.
            (2) Certification.--The director of the affected National 
        Laboratory and the affected contractor shall certify that each 
        activity carried out under a project for which an agreement is 
        entered into under this section does not present, or minimizes, 
        any apparent conflict of interest, and avoids or neutralizes 
        any actual conflict of interest, as a result of the agreement 
        under this section.
            (3) Availability of records.--On entering an agreement 
        under this section, the director of a National Laboratory shall 
        submit to the Secretary for monitoring and review all records 
        of the National Laboratory relating to the agreement.
            (4) Rates.--The director of a National Laboratory may 
        charge higher rates for services performed under a partnership 
        agreement entered into pursuant to this section, regardless of 
        the full cost of recovery, if such funds are used exclusively 
        to support further research and development activities at the 
        respective National Laboratory.
    (d) Exception.--This section does not apply to any agreement with a 
majority foreign-owned company.
    (e) Conforming Amendment.--Section 12 of the Stevenson-Wydler 
Technology Innovation Act of 1980 (15 U.S.C. 3710a) is amended--
            (1) in subsection (a)--
                    (A) by redesignating paragraphs (1) and (2) as 
                subparagraphs (A) and (B), respectively, and indenting 
                the subparagraphs appropriately;
                    (B) by striking ``Each Federal agency'' and 
                inserting the following:
            ``(1) In general.--Except as provided in paragraph (2), 
        each Federal agency''; and
                    (C) by adding at the end the following:
            ``(2) Exception.--Notwithstanding paragraph (1), in 
        accordance with section 722(a) of the America COMPETES 
        Reauthorization Act of 2015, approval by the Secretary of 
        Energy shall not be required for any technology transfer 
        agreement proposed to be entered into by a National Laboratory 
        of the Department of Energy, the total cost of which (including 
        the National Laboratory contributions and project recipient 
        cost share) is less than $1 million.''; and
            (2) in subsection (b), by striking ``subsection (a)(1)'' 
        each place it appears and inserting ``subsection (a)(1)(A)''.

SEC. 723. INCLUSION OF EARLY-STAGE TECHNOLOGY DEMONSTRATION IN 
              AUTHORIZED TECHNOLOGY TRANSFER ACTIVITIES.

    Section 1001 of the Energy Policy Act of 2005 (42 U.S.C. 16391) is 
amended by--
            (1) redesignating subsection (g) as subsection (h); and
            (2) inserting after subsection (f) the following:
    ``(g) Early-Stage Technology Demonstration.--The Secretary shall 
permit the directors of the National Laboratories to use funds 
authorized to support technology transfer within the Department to 
carry out early-stage and pre-commercial technology demonstration 
activities to remove technology barriers that limit private sector 
interest and demonstrate potential commercial applications of any 
research and technologies arising from National Laboratory 
activities.''.

SEC. 724. FUNDING COMPETITIVENESS FOR INSTITUTIONS OF HIGHER EDUCATION 
              AND OTHER NONPROFIT INSTITUTIONS.

    Section 988(b) of the Energy Policy Act of 2005 (42 U.S.C. 
16352(b)) is amended--
            (1) in paragraph (1), by striking ``Except as provided in 
        paragraphs (2) and (3)'' and inserting ``Except as provided in 
        paragraphs (2), (3), and (4)''; and
            (2) by adding at the end the following:
            ``(4) Exemption for institutions of higher education and 
        other nonprofit institutions.--
                    ``(A) In general.--Paragraph (1) shall not apply to 
                a research or development activity performed by an 
                institution of higher education or nonprofit 
                institution (as defined in section 4 of the Stevenson-
                Wydler Technology Innovation Act of 1980 (15 U.S.C. 
                3703)).
                    ``(B) Termination date.--The exemption under 
                subparagraph (A) shall apply during the 6-year period 
                beginning on the date of enactment of this 
                paragraph.''.

SEC. 725. PARTICIPATION IN THE INNOVATION CORPS PROGRAM.

    The Secretary may enter into an agreement with the Director of the 
National Science Foundation to enable researchers funded by the 
Department to participate in the National Science Foundation Innovation 
Corps program.

                    Subtitle D--Assessment of Impact

SEC. 731. REPORT BY GOVERNMENT ACCOUNTABILITY OFFICE.

    Not later than 3 years after the date of enactment of this Act, the 
Comptroller General of the United States shall submit to Congress a 
report--
            (1) describing the results of the projects developed under 
        sections 721, 722, and 723, including information regarding--
                    (A) partnerships initiated as a result of those 
                projects and the potential linkages presented by those 
                partnerships with respect to national priorities and 
                other taxpayer-funded research; and
                    (B) whether the activities carried out under those 
                projects result in--
                            (i) fiscal savings;
                            (ii) expansion of National Laboratory 
                        capabilities;
                            (iii) increased efficiency of technology 
                        transfers; or
                            (iv) an increase in general efficiency of 
                        the National Laboratory system; and
            (2) assess the scale, scope, efficacy, and impact of the 
        Department's efforts to promote technology transfer and private 
        sector engagement at the National Laboratories, and make 
        recommendations on how the Department can improve these 
        activities.

          TITLE XXXIII--NUCLEAR ENERGY INNOVATION CAPABILITIES

SEC. 3301. SHORT TITLE.

    This title may be cited as the ``Nuclear Energy Innovation 
Capabilities Act''.

SEC. 3302. NUCLEAR ENERGY.

    Section 951 of the Energy Policy Act of 2005 (42 U.S.C. 16271) is 
amended to read as follows:

``SEC. 951. NUCLEAR ENERGY.

    ``(a) Mission.--The Secretary shall conduct programs of civilian 
nuclear research, development, demonstration, and commercial 
application, including activities in this subtitle. Such programs shall 
take into consideration the following objectives:
            ``(1) Providing research infrastructure to promote 
        scientific progress and enable users from academia, the 
        National Laboratories, and the private sector to make 
        scientific discoveries relevant for nuclear, chemical, and 
        materials science engineering.
            ``(2) Maintaining National Laboratory and university 
        nuclear energy research and development programs, including 
        their infrastructure.
            ``(3) Providing the technical means to reduce the 
        likelihood of nuclear weapons proliferation and increasing 
        confidence margins for public safety of nuclear energy systems.
            ``(4) Reducing the environmental impact of nuclear energy 
        related activities.
            ``(5) Supporting technology transfer from the National 
        Laboratories to the private sector.
            ``(6) Enabling the private sector to partner with the 
        National Laboratories to demonstrate novel reactor concepts for 
        the purpose of resolving technical uncertainty associated with 
        the aforementioned objectives in this subsection.
    ``(b) Definitions.--In this subtitle:
            ``(1) Advanced nuclear reactor.--The term `advanced nuclear 
        reactor' means--
                    ``(A) a nuclear fission reactor with significant 
                improvements over the most recent generation of nuclear 
                fission reactors, which may include inherent safety 
                features, lower waste yields, greater fuel utilization, 
                superior reliability, resistance to proliferation, and 
                increased thermal efficiency; or
                    ``(B) a nuclear fusion reactor.
            ``(2) Fast neutron.--The term `fast neutron' means a 
        neutron with kinetic energy above 100 kiloelectron volts.
            ``(3) National laboratory.--The term `National Laboratory' 
        has the meaning given that term in paragraph (3) of section 2, 
        except that with respect to subparagraphs (G), (H), and (N) of 
        such paragraph, for purposes of this subtitle the term includes 
        only the civilian activities thereof.
            ``(4) Neutron flux.--The term `neutron flux' means the 
        intensity of neutron radiation measured as a rate of flow of 
        neutrons applied over an area.
            ``(5) Neutron source.--The term `neutron source' means a 
        research machine that provides neutron irradiation services for 
        research on materials sciences and nuclear physics as well as 
        testing of advanced materials, nuclear fuels, and other related 
        components for reactor systems.''.

SEC. 3303. NUCLEAR ENERGY RESEARCH PROGRAMS.

    Section 952 of the Energy Policy Act of 2005 (42 U.S.C. 16272) is 
amended--
            (1) by striking subsection (c); and
            (2) by redesignating subsections (d) and (e) as subsections 
        (c) and (d), respectively.

SEC. 3304. ADVANCED FUEL CYCLE INITIATIVE.

    Section 953(a) of the Energy Policy Act of 2005 (42 U.S.C. 
16273(a)) is amended by striking ``, acting through the Director of the 
Office of Nuclear Energy, Science and Technology,''.

SEC. 3305. UNIVERSITY NUCLEAR SCIENCE AND ENGINEERING SUPPORT.

    Section 954(d)(4) of the Energy Policy Act of 2005 (42 U.S.C. 
16274(d)(4)) is amended by striking ``as part of a taking into 
consideration effort that emphasizes'' and inserting ``that 
emphasize''.

SEC. 3306. DEPARTMENT OF ENERGY CIVILIAN NUCLEAR INFRASTRUCTURE AND 
              FACILITIES.

    Section 955 of the Energy Policy Act of 2005 (42 U.S.C. 16275) is 
amended--
            (1) by striking subsections (c) and (d); and
            (2) by adding at the end the following:
    ``(c) Versatile Neutron Source.--
            ``(1) Mission need.--Not later than December 31, 2016, the 
        Secretary shall determine the mission need for a versatile 
        reactor-based fast neutron source, which shall operate as a 
        national user facility. During this process, the Secretary 
        shall consult with the private sector, universities, National 
        Laboratories, and relevant Federal agencies to ensure that this 
        user facility will meet the research needs of the largest 
        possible majority of prospective users.
            ``(2) Establishment.--Upon the determination of mission 
        need made under paragraph (1), the Secretary shall, as 
        expeditiously as possible, provide to the Committee on Science, 
        Space, and Technology of the House of Representatives and the 
        Committee on Energy and Natural Resources of the Senate a 
        detailed plan for the establishment of the user facility.
            ``(3) Facility requirements.--
                    ``(A) Capabilities.--The Secretary shall ensure 
                that this user facility will provide, at a minimum, the 
                following capabilities:
                            ``(i) Fast neutron spectrum irradiation 
                        capability.
                            ``(ii) Capacity for upgrades to accommodate 
                        new or expanded research needs.
                    ``(B) Considerations.--In carrying out the plan 
                provided under paragraph (2), the Secretary shall 
                consider the following:
                            ``(i) Capabilities that support 
                        experimental high-temperature testing.
                            ``(ii) Providing a source of fast neutrons 
                        at a neutron flux, higher than that at which 
                        current research facilities operate, sufficient 
                        to enable research for an optimal base of 
                        prospective users.
                            ``(iii) Maximizing irradiation flexibility 
                        and irradiation volume to accommodate as many 
                        concurrent users as possible.
                            ``(iv) Capabilities for irradiation with 
                        neutrons of a lower energy spectrum.
                            ``(v) Multiple loops for fuels and 
                        materials testing in different coolants.
                            ``(vi) Additional pre-irradiation and post-
                        irradiation examination capabilities.
                            ``(vii) Lifetime operating costs and 
                        lifecycle costs.
            ``(4) Reporting progress.--The Department shall, in its 
        annual budget requests, provide an explanation for any delay in 
        its progress and otherwise make every effort to complete 
        construction and approve the start of operations for this 
        facility by December 31, 2025.
            ``(5) Coordination.--The Secretary shall leverage the best 
        practices for management, construction, and operation of 
        national user facilities from the Office of Science.''.

SEC. 3307. SECURITY OF NUCLEAR FACILITIES.

    Section 956 of the Energy Policy Act of 2005 (42 U.S.C. 16276) is 
amended by striking ``, acting through the Director of the Office of 
Nuclear Energy, Science and Technology,''.

SEC. 3308. HIGH-PERFORMANCE COMPUTATION AND SUPPORTIVE RESEARCH.

    Section 957 of the Energy Policy Act of 2005 (42 U.S.C. 16277) is 
amended to read as follows:

``SEC. 957. HIGH-PERFORMANCE COMPUTATION AND SUPPORTIVE RESEARCH.

    ``(a) Modeling and Simulation.--The Secretary shall carry out a 
program to enhance the Nation's capabilities to develop new reactor 
technologies through high-performance computation modeling and 
simulation techniques. This program shall coordinate with relevant 
Federal agencies through the National Strategic Computing Initiative 
created under Executive Order No. 13702 (July 29, 2015) while taking 
into account the following objectives:
            ``(1) Utilizing expertise from the private sector, 
        universities, and National Laboratories to develop 
        computational software and capabilities that prospective users 
        may access to accelerate research and development of advanced 
        nuclear reactor systems, and reactor systems for space 
        exploration.
            ``(2) Developing computational tools to simulate and 
        predict nuclear phenomena that may be validated through 
        physical experimentation.
            ``(3) Increasing the utility of the Department's research 
        infrastructure by coordinating with the Advanced Scientific 
        Computing Research program within the Office of Science.
            ``(4) Leveraging experience from the Energy Innovation Hub 
        for Modeling and Simulation.
            ``(5) Ensuring that new experimental and computational 
        tools are accessible to relevant research communities.
    ``(b) Supportive Research Activities.--The Secretary shall consider 
support for additional research activities to maximize the utility of 
its research facilities, including physical processes to simulate 
degradation of materials and behavior of fuel forms and for validation 
of computational tools.''.

SEC. 3309. ENABLING NUCLEAR ENERGY INNOVATION.

    Subtitle E of title IX of the Energy Policy Act of 2005 (42 U.S.C. 
16271 et seq.) is amended by adding at the end the following:

``SEC. 958. ENABLING NUCLEAR ENERGY INNOVATION.

    ``(a) National Reactor Innovation Center.--The Secretary shall 
carry out a program to enable the testing and demonstration of reactor 
concepts to be proposed and funded by the private sector. The Secretary 
shall leverage the technical expertise of relevant Federal agencies and 
National Laboratories in order to minimize the time required to enable 
construction and operation of privately funded experimental reactors at 
National Laboratories or other Department-owned sites. Such reactors 
shall operate to meet the following objectives:
            ``(1) Enabling physical validation of novel reactor 
        concepts.
            ``(2) Resolving technical uncertainty and increasing 
        practical knowledge relevant to safety, resilience, security, 
        and functionality of first-of-a-kind reactor concepts.
            ``(3) General research and development to improve nascent 
        technologies.
    ``(b) Reporting Requirement.--Not later than 180 days after the 
date of enactment of the Nuclear Energy Innovation Capabilities Act, 
the Secretary, in consultation with the National Laboratories, relevant 
Federal agencies, and other stakeholders, shall transmit to the 
Committee on Science, Space, and Technology of the House of 
Representatives and the Committee on Energy and Natural Resources of 
the Senate a report assessing the Department's capabilities to 
authorize, host, and oversee privately funded experimental advanced 
nuclear reactors as described under subsection (a). The report shall 
address the following:
            ``(1) The Department's oversight capabilities, including 
        options to leverage expertise from the Nuclear Regulatory 
        Commission and National Laboratories.
            ``(2) Potential sites capable of hosting activities 
        described under subsection (a).
            ``(3) The efficacy of the Department's available 
        contractual mechanisms to partner with the private sector and 
        Federal agencies, including cooperative research and 
        development agreements, strategic partnership projects, and 
        agreements for commercializing technology.
            ``(4) Potential cost structures related to long-term 
        projects, including physical security, distribution of 
        liability, and other related costs.
            ``(5) Other challenges or considerations identified by the 
        Secretary.''.

SEC. 3310. BUDGET PLAN.

    (a) In General.--Subtitle E of title IX of the Energy Policy Act of 
2005 (42 U.S.C. 16271 et seq.) is further amended by adding at the end 
the following:

``SEC. 959. BUDGET PLAN.

    ``Not later than 12 months after the date of enactment of the 
Nuclear Energy Innovation Capabilities Act, the Department shall 
transmit to the Committee on Science, Space, and Technology of the 
House of Representatives and the Committee on Energy and Natural 
Resources of the Senate 2 alternative 10-year budget plans for civilian 
nuclear energy research and development by the Department. The first 
shall assume constant annual funding for 10 years at the appropriated 
level for the Department's civilian nuclear energy research and 
development for fiscal year 2016. The second shall be an unconstrained 
budget. The two plans shall include--
            ``(1) a prioritized list of the Department's programs, 
        projects, and activities to best support the development of 
        advanced nuclear reactor technologies;
            ``(2) realistic budget requirements for the Department to 
        implement sections 955(c), 957, and 958 of this Act; and
            ``(3) the Department's justification for continuing or 
        terminating existing civilian nuclear energy research and 
        development programs.''.
    (b) Report on Fusion Innovation.--Not later than 6 months after the 
date of enactment of this title, the Secretary of the Department of 
Energy shall transmit to the Committee on Science, Space, and 
Technology of the House of Representatives and the Committee on Energy 
and Natural Resources of the Senate a report that will identify 
engineering designs for innovative fusion energy systems that have the 
potential to demonstrate net energy production not later than 15 years 
after the start of construction. In this report, the Secretary will 
identify budgetary requirements that would be necessary for the 
Department to carry out a fusion innovation initiative to accelerate 
research and development of these designs.

SEC. 3311. CONFORMING AMENDMENTS.

    The table of contents for the Energy Policy Act of 2005 is amended 
by striking the item relating to section 957 and inserting the 
following:

``957. High-performance computation and supportive research.
``958. Enabling nuclear energy innovation.
``959. Budget plan.''.

            Attest:

                                                                 Clerk.
114th CONGRESS

  2d Session

                                S. 2012

_______________________________________________________________________

                               AMENDMENT