[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5170 Introduced in House (IH)]

<DOC>






115th CONGRESS
  2d Session
                                H. R. 5170

 To amend title 54, United States Code, to reauthorize and reform the 
       Land and Water Conservation Fund, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 5, 2018

Mr. Westerman introduced the following bill; which was referred to the 
 Committee on Natural Resources, and in addition to the Committees on 
   Agriculture, and Education and the Workforce, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
  of such provisions as fall within the jurisdiction of the committee 
                               concerned

_______________________________________________________________________

                                 A BILL


 
 To amend title 54, United States Code, to reauthorize and reform the 
       Land and Water Conservation Fund, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Federal Lands Infrastructure 
Partnership Act'' or the ``FLIP Act''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Reauthorization.
Sec. 4. Fund amounts for State purposes.
Sec. 5. Allocation of fund amounts for Federal purposes.
Sec. 6. Contracts for acquisition of land and water.
Sec. 7. Payment In-Lieu of Taxes Program.
Sec. 8. Promotion offshore energy exploration, innovation, and 
                            education.
Sec. 9. Definition.
Sec. 10. Clerical amendments.

SEC. 3. REAUTHORIZATION.

    Section 200302 of title 54, United States Code, is amended--
            (1) in subsection (b), in the language preceding paragraph 
        (1), by striking ``September 30, 2018'' and inserting 
        ``September 30, 2022''; and
            (2) in subsection (c)(1), by striking ``September 30, 
        2018'' and inserting ``September 30, 2022''.

SEC. 4. FUND AMOUNTS FOR STATE PURPOSES.

    (a) Allocation.--Section 200305(a) of title 54, United States Code, 
is amended by striking ``The Secretary may provide financial assistance 
to the States from amounts available for State purposes.'' and 
inserting ``Of the overall amount appropriated from the Fund for a 
fiscal year, the Secretary shall make 25 percent available to the 
States for State purposes as provided in this section.''.
    (b) Apportionment Among States.--Section 200305(b) of title 54, 
United States Code, is amended--
            (1) by striking paragraph (1) and inserting the following:
            ``(1) Twenty-five percent shall be apportioned equally 
        among the States.'';
            (2) by striking paragraph (3);
            (3) by redesignating paragraphs (4) and (5) as paragraphs 
        (3) and (4), respectively; and
            (4) in paragraph (3), as redesignated by this subsection, 
        by striking ``without regard to the 10 percent limitation to an 
        individual State specified in this subsection''.
    (c) State Use of Funds.--Section 200305 of title 54, United States 
Code, is amended--
            (1) by redesignating subsections (c) through (k) as 
        subsections (d) through (l), respectively; and
            (2) by inserting after subsection (b) the following:
    ``(c) State Use of Funds.--Not less than 30 percent of the amount 
allocated to a State under subsection (b) for each fiscal year shall be 
used by the State in one or more communities with a population of 
greater than 20,000 (based on data from the most recent Census Bureau 
American Community Survey).''.
    (d) Conforming Amendments.--Section 200305(k) of title 54, United 
States Code, is amended--
            (1) in paragraph (1), by striking ``subsection (e)'' and 
        inserting ``subsection (f)''; and
            (2) in paragraph (3), by striking ``subsection (c)'' and 
        inserting ``subsection (d)''.

SEC. 5. ALLOCATION OF FUND AMOUNTS FOR FEDERAL PURPOSES.

    Title 54, United States Code, is amended--
            (1) in section 200304, by striking ``Not less than 40 
        percent of such appropriations shall be available for Federal 
        purposes.'';
            (2) in section 200306(a), by striking paragraphs (1) and 
        (2) and inserting the following:
            ``(1) Allocation.--Of the overall amount appropriated from 
        the Fund for a fiscal year, 50 percent shall be available for 
        Federal purposes as provided in this section.
            ``(2) Use of funds.--
                    ``(A) Use of funds for land acquisition.--
                            ``(i) In general.--Subject to the 
                        restrictions in clause (ii), of the amount 
                        appropriated and available under paragraph (1) 
                        for a fiscal year, the Secretary shall make 
                        available not less than 3.5 percent for 
                        acquisition of non-Federal land, water, or an 
                        interest in land or water by one or more of the 
                        following:
                                    ``(I) The National Park Service.
                                    ``(II) The United States Fish and 
                                Wildlife Service.
                                    ``(III) The Forest Service.
                                    ``(IV) The Bureau of Land 
                                Management.
                            ``(ii) Restrictions.--
                                    ``(I) Inholdings.--The Secretary 
                                shall not acquire a parcel of non-
                                Federal land or water under this 
                                subparagraph unless such parcel is 
                                located within the exterior boundary of 
                                a unit of land administered by a 
                                Federal agency listed in subclauses (I) 
                                through (IV) of clause (i).
                                    ``(II) Location.--The Secretary may 
                                not acquire a parcel of non-Federal 
                                land or water under this subparagraph 
                                if such acquisition would result in 
                                more than 15 percent of the acreage 
                                acquired with funds allocated under 
                                this subparagraph for any fiscal year 
                                to be located west of the 100th 
                                meridian.
                                    ``(III) Public access.--Of the 
                                amount appropriated and made available 
                                under this subparagraph for a fiscal 
                                year, the Secretary shall make 
                                available not less than 33 percent to 
                                acquire land, water, or an interest in 
                                land or water to secure or enhance 
                                public access for recreational hunting, 
                                recreational fishing, or recreational 
                                shooting to a unit of land administered 
                                by a Federal agency listed in 
                                subclauses (I) through (IV) of clause 
                                (i).
                                    ``(IV) Prohibition on use of 
                                condemnation or eminent domain.--The 
                                Secretary may not use funds made 
                                available under this subparagraph to 
                                acquire land, water, or an interest in 
                                land or water through condemnation or 
                                an eminent domain proceeding.
                    ``(B) Use of funds for deferred maintenance.--
                            ``(i) In general.--Of the amount 
                        appropriated and available under paragraph (1) 
                        for a fiscal year, the Secretary shall make 
                        available not less than 75 percent for deferred 
                        maintenance, critical infrastructure, visitor 
                        services, and clean-up efforts or a combination 
                        thereof, on Federal land or water managed by 
                        one or more of the following:
                                    ``(I) The National Park Service.
                                    ``(II) The United States Fish and 
                                Wildlife Service.
                                    ``(III) The Forest Service.
                                    ``(IV) The Bureau of Land 
                                Management.
                            ``(ii) Use of funds for ngos.--
                                    ``(I) In general.--In addition to 
                                the amount made available under clause 
                                (i), of the amount appropriated and 
                                available under paragraph (1) for a 
                                fiscal year, the Secretary shall make 
                                3.5 percent available to 
                                nongovernmental organizations for the 
                                activities described in subclause (i).
                                    ``(II) Matching non-federal 
                                funds.--To be eligible to receive funds 
                                under this clause, a nongovernmental 
                                organization shall provide non-Federal 
                                funds in an amount that is equal to or 
                                greater than the amount provided to 
                                that nongovernmental organization under 
                                this subparagraph.
                    ``(C) Use of funds for forest legacy program.--Of 
                the amount appropriated and available under paragraph 
                (1) for a fiscal year, the Secretary shall make 
                available not more than 3.5 percent for the Forest 
                Legacy Program established pursuant to section 7 of the 
                Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 
                2103c), except that such amount may be used only--
                            ``(i) to create or improve vehicular 
                        access, including for off-highway vehicles, or 
                        other access to National Forest System land, 
                        State forested land, or private forested land 
                        for recreational hunting, recreational fishing, 
                        recreational shooting, or other recreational 
                        purposes; or
                            ``(ii) to protect from development forests 
                        where management activities occur consistent 
                        with a State-approved multiple-resource forest 
                        plan.
                    ``(D) Use of funds for cooperative endangered 
                species conservation fund.--Of the amount appropriated 
                and available under paragraph (1) for a fiscal year, 
                not more than 3.5 percent shall be deposited into the 
                Cooperative Endangered Species Conservation Fund 
                established pursuant to section 6(i) of the Endangered 
                Species Act of 1973 (16 U.S.C. 1535(6)(i)).
                    ``(E) Use of funds for american battlefield 
                protection program.--Of the amount appropriated and 
                available under paragraph (1) for a fiscal year, not 
                more than 3.5 percent shall be available for the 
                American Battlefield Protection Program established 
                pursuant to chapter 3801 of title 54, United States 
                Code.''; and
            (3) by adding at the end of the following:
            ``(5) Definitions.--In this section:
                    ``(A) Deferred maintenance.--The term `deferred 
                maintenance' means maintenance and repairs--
                            ``(i) that were scheduled to be performed 
                        and were delayed; or
                            ``(ii) without which the health and safety 
                        of the public or employees would be endangered 
                        or substantial financial losses would be 
                        incurred.
                    ``(B) Recreational hunting.--The term `recreational 
                hunting' means use of a firearm, bow, or other 
                authorized means in the lawful--
                            ``(i) pursuit, shooting, capture, 
                        collection, trapping, or killing of wildlife; 
                        or
                            ``(ii) attempt to pursue, shoot, capture, 
                        collect, trap, or kill wildlife.
                    ``(C) Recreational fishing.--The term `recreational 
                fishing' means the lawful--
                            ``(i) pursuit, capture, collection, or 
                        killing of fish; or
                            ``(ii) attempt to pursue, capture, collect, 
                        or kill fish.
                    ``(D) 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.''.

SEC. 6. CONTRACTS FOR ACQUISITION OF LAND AND WATER.

    Section 200308 of title 54, United States Code, is amended by 
striking ``$30,000,000'' and inserting ``$2,000,000''.

SEC. 7. PAYMENT IN-LIEU OF TAXES PROGRAM.

    Chapter 2003 of title 54, United States Code, is amended by adding 
at the end the following:
``Sec. 200311. Allocation of Fund amounts to Payment In-Lieu of Taxes 
              Program
    ``Of the overall amount appropriated from the Fund for a fiscal 
year, not less than 5 percent shall be available for the program under 
chapter 69 of title 31, United States Code (commonly known as the 
`Payment In-Lieu of Taxes Program').''.

SEC. 8. PROMOTING OFFSHORE ENERGY EXPLORATION, INNOVATION, AND 
              EDUCATION.

    Chapter 2003 of title 54, United States Code, is further amended by 
adding at the end the following:
``Sec. 200312. Allocation of Fund amounts to promoting offshore energy 
              exploration, innovation, and education
    ``(a) Allocation of Funds Available From Land and Water 
Conservation Fund.--
            ``(1) Minimum allocation fiscal years 2018 through 2024.--
                    ``(A) In general.--Of the overall amount 
                appropriated from the Fund for fiscal years 2018 
                through 2024, not less than 15 percent shall be 
                available for promoting offshore energy exploration, 
                innovation, and education as provided for in this 
                paragraph.
                    ``(B) Use of funds.--Of the funds made available 
                under this paragraph for fiscal years 2018 through 
                2024--
                            ``(i) twenty-five percent shall be made 
                        available to establish and maintain the pilot 
                        program to improve Federal permit coordination 
                        on the outer Continental Shelf under subsection 
                        (b);
                            ``(ii) ten percent shall be made available 
                        to establish and maintain an offshore energy 
                        innovation hub under subsection (c); and
                            ``(iii) sixty-five percent shall be made 
                        available to award offshore energy education 
                        grants to institutions of higher education 
                        under subsection (d).
            ``(2) Minimum allocation fiscal year 2025 and subsequent 
        fiscal years.--
                    ``(A) Positive determination.--If the Secretary 
                determines under paragraph (9) that the pilot program 
                is effective, then of the overall amount appropriated 
                from the Fund for fiscal year 2025 and subsequent 
                fiscal years, not less than 15 percent shall be 
                available for promoting offshore energy exploration, 
                innovation, and education in the same manner as the 
                funds made available under paragraph (1).
                    ``(B) Negative determination.--
                            ``(i) In general.--If the Secretary 
                        determines under paragraph (9) that the pilot 
                        program is not effective, then of the overall 
                        amount appropriated from the Fund for fiscal 
                        year 2025 and subsequent fiscal years, not less 
                        than 15 percent shall be available for 
                        promoting offshore energy exploration, 
                        innovation, and education as provided for in 
                        this paragraph.
                            ``(ii) Use of funds.--Of the funds made 
                        available under this section for fiscal year 
                        2025 and subsequent fiscal years--
                                    ``(I) thirty-five percent shall be 
                                made available to establish and 
                                maintain an offshore energy innovation 
                                hub under subsection (c); and
                                    ``(II) sixty-five percent shall be 
                                made available to award offshore energy 
                                education grants to institutions of 
                                higher education under subsection (d).
    ``(b) Pilot Program To Improve Federal Permit Coordination on the 
Outer Continental Shelf.--
            ``(1) Establishment of pilot program.--The Secretary shall 
        carry out a Federal energy permit streamlining pilot program 
        for the outer Continental Shelf (referred to in this subsection 
        as the `OCS Pilot Program').
            ``(2) Purpose.--The purpose of the OSC Pilot Program is to 
        collocate appropriate staff from the Bureau of Ocean Energy 
        Management, the Bureau of Safety and Environmental Enforcement, 
        the Coast Guard, and the National Marine Fisheries Service in 
        the pilot offices established in paragraph (3) for the purpose 
        of streamline Federal permitting of energy activities on the 
        outer Continental Shelf of the United States, including 
        streamlining permitting for--
                    ``(A) geophysical surveying, including magnetic, 
                gravity, seismic, or other systems;
                    ``(B) oil and natural gas exploration, development, 
                and production; and
                    ``(C) offshore renewable energy projects, including 
                wind and tidal power generation.
            ``(3) Memorandum of understanding.--
                    ``(A) In general.--The Secretary shall seek to 
                establish a memorandum of understanding to streamline 
                Federal permitting of energy activities on the outer 
                Continental Shelf and to coordinate relevant activities 
                across Federal agencies with--
                            ``(i) the Director of the Bureau of Ocean 
                        Energy Management;
                            ``(ii) the Director of the Bureau of Safety 
                        and Environmental Enforcement;
                            ``(iii) the Secretary of Commerce; and
                            ``(iv) the Secretary of Homeland Security.
                    ``(B) State participation.--The Secretary may 
                request the Governors of Alaska, Texas, Louisiana, 
                Mississippi, Alabama, Virginia, North Carolina, South 
                Carolina, and Georgia to be signatories to the 
                memorandum of understanding.
            ``(4) Establishment of pilot offices.--Not later than 120 
        days after the date of the enactment of this subsection, the 
        Secretary shall establish the pilot offices referred to in 
        paragraph (2) in the following locations:
                    ``(A) Anchorage, Alaska.
                    ``(B) Metairie, Louisiana.
                    ``(C) Virginia Beach, Virginia.
                    ``(D) Any other location, as determined by the 
                Secretary.
            ``(5) Assignment of qualified staff.--
                    ``(A) In general.--Each Federal agency listed in 
                paragraph (3)(A) shall assign to each of the pilot 
                offices established under paragraph (4) relevant staff 
                from such agency who have expertise in the regulatory 
                issues relating to the office in which the employee is 
                employed, including, as applicable, particular 
                expertise in--
                            ``(i) consultations and the preparation of 
                        biological opinions under section 7 of the 
                        Endangered Species Act of 1973 (16 U.S.C. 
                        1536), including with respect to seismic 
                        permitting;
                            ``(ii) consistency reviews under the 
                        Coastal Zone Management Act of 1972 (16 U.S.C. 
                        1451 et seq.);
                            ``(iii) plan approvals and permits under 
                        the Outer Continental Shelf Lands Act (33 
                        U.S.C. 1331 et seq.);
                            ``(iv) implementation and enforcement of 
                        section 328 of the Clean Air Act (42 U.S.C. 
                        7627); and
                            ``(v) compliance with section 102(2)(C) the 
                        National Environmental Policy Act of 1969 (42 
                        U.S.C. 4332(2)(C)).
                    ``(B) Duties.--Each employee assigned under 
                subparagraph (A) shall--
                            ``(i) not later than 90 days after the date 
                        of assignment, report to the pilot office 
                        established under paragraph (4) to which the 
                        employee is assigned; and
                            ``(ii) be dedicated to and responsible for 
                        all outer Continental Shelf energy-related 
                        activities administered by that pilot office 
                        for all issues relating to the jurisdiction of 
                        the home office or agency that assigned the 
                        employee.
            ``(6) Additional personnel.--The Secretary shall assign to 
        each pilot office identified in paragraph (4) any additional 
        personnel that are necessary to ensure the effective 
        implementation of the OCS Pilot Program.
            ``(7) Use of fees collected by pilot offices.--
                    ``(A) In general.--The Secretary shall ensure that 
                all fees collected by a pilot office in association 
                with activities related to the Outer Continental Shelf 
                Lands Act (43 U.S.C. 1331 et seq.) listed under 
                subparagraphs (A) through (C) of paragraph (2) are made 
                available to that office.
                    ``(B) Prohibition on new or increased fees.--The 
                Secretary may not establish any new fee or increase any 
                existing fee for any activities conducted by a pilot 
                office.
            ``(8) Savings provision.--Nothing in this subsection 
        affects--
                    ``(A) the operation of any other Federal or State 
                law;
                    ``(B) any delegation of authority made by the head 
                of a Federal agency whose employees are participating 
                in the OCS Pilot Program; or
                    ``(C) the existing memorandum of agreement between 
                the Department of the Interior and the Department of 
                Defense on Mutual Concerns on the Outer Continental 
                Shelf signed on July 20, 1983, or any revision or 
                replacement for that agreement that is agreed to by the 
                Secretary of Defense and the Secretary of the Interior 
                after that date.
            ``(9) Determination of effectiveness of pilot program.--Not 
        later than January 1, 2024, the Secretary shall make a 
        determination on if the pilot program is effective and submit 
        the results of such determination to Congress.
    ``(c) Offshore Energy Innovation Hub.--
            ``(1) Establishment.--Not later than 180 days after the 
        date of the enactment of this section, the Secretary shall 
        establish an Offshore Energy Innovation Hub.
            ``(2) Purpose.--The purpose of the Offshore Energy 
        Innovation Hub shall be to--
                    ``(A) foster collaboration among Federal, academic, 
                and industry stakeholders on innovations directly 
                related to energy production on the outer Continental 
                Shelf; and
                    ``(B) study, develop, and maintain the following 
                areas of focus:
                            ``(i) Safety technologies.--Materials and 
                        equipment that improve upon existing well 
                        control systems or containment systems (or 
                        both).
                            ``(ii) Reservoir characterization.--
                        Predicting and monitoring the production 
                        behavior of complex reservoirs on the outer 
                        Continental Shelf.
                            ``(iii) Extended system architecture.--
                        Subsea systems, power distribution, and data 
                        communications that improve recovery and extend 
                        production reach.
                            ``(iv) High pressure and high temperature 
                        completion systems.--Materials and equipment to 
                        reliably produce ultra-deepwater resources in 
                        corrosive environments.
                            ``(v) Meteorological and oceanic 
                        forecasting.--Systems to predict both 
                        atmospheric and below-surface environments and 
                        engineering response.
                            ``(vi) Arctic environments.--Exploration 
                        and production systems and techniques for ice 
                        conditions, including ice management and 
                        extended season development.
            ``(3) Location.--The Secretary shall establish the Offshore 
        Energy Innovation Hub at a location that is in proximity to 
        existing outer Continental Shelf oil and gas development to 
        ensure opportunities to test and apply innovative technologies 
        and research in the field.
    ``(d) Offshore Energy Education Grants to Institutions of Higher 
Education.--
            ``(1) In general.--
                    ``(A) Award of grants.--In order to expand 
                opportunities related to offshore energy development, 
                the Secretary of the Interior shall use amounts 
                available under subsection (a)(2)(C) to award offshore 
                energy innovation grants in accordance with this 
                subsection to institutions of higher education selected 
                under paragraph (2).
                    ``(B) Administrative costs.--The Secretary may use 
                not more than 5 percent of the amounts available under 
                subsection (a)(2)(C) to administer this subsection.
            ``(2) Selection of institutions.--
                    ``(A) In general.--The Secretary shall select 20 
                institutions of higher education to receive grants 
                under this subsection, of those institutions of higher 
                education that are--
                            ``(i) nominated under subparagraph (B); and
                            ``(ii) determined by the Secretary to have 
                        issued the greatest number of undergraduate and 
                        graduate degrees in one or more of the academic 
                        fields included in the list prepared under 
                        paragraph (5).
                    ``(B) Nomination of institutions.--
                            ``(i) In general.--Not later than 180 days 
                        after the date of the enactment of this 
                        section, and every 3 years thereafter, the 
                        Governor of each State may nominate for grants 
                        under this subsection--
                                    ``(I) up to 4 institutions of 
                                higher education located in the State, 
                                of which at least one shall be a 
                                minority-serving institution, if 
                                applicable; and
                                    ``(II) at least 1 vocational 
                                institution located in the State.
                            ``(ii) Preference.--In making nominations 
                        under clause (i), each Governor shall give 
                        preference to institutions of higher education 
                        and vocational institutions that demonstrate a 
                        vigorous rate of admissions of veterans of the 
                        Armed Forces of the United States.
            ``(3) Grants terms.--
                    ``(A) Award and availability of funds.--Grants 
                shall be awarded under this subsection on an annual 
                basis and grant funds shall remain available for use 
                until expended.
                    ``(B) Use.--Of the funds awarded to each grantee 
                each fiscal year--
                            ``(i) no less than half shall be made 
                        available in the form of scholarships or 
                        tuition assistance to incoming students in the 
                        academic fields included in the list submitted 
                        under paragraph (5); and
                            ``(ii) the remainder shall be used to 
                        promote science, technology, engineering, and 
                        mathematics curriculum development and other 
                        related projects that will advance energy and 
                        mineral exploration and production on the Outer 
                        Continental Shelf of the United States.
            ``(4) Fellowship and internship opportunities.--The 
        Secretary shall establish fellowship and internship 
        opportunities in the Department of the Interior for students in 
        academic fields included in the list submitted under paragraph 
        (5) to address future workforce needs of the Department.
            ``(5) List of academic fields.--The Secretary shall conduct 
        a survey of current outer Continental Shelf leaseholders to 
        prepare a list of science, technology, engineering, and math-
        related academic fields that address current and future 
        workforce needs for offshore energy-related activities. The 
        Secretary may periodically update this list through subsequent 
        surveys of such leaseholders to better adapt to changing 
        workforce needs.
            ``(6) Definitions.--In this subsection:
                    ``(A) Institution of higher education.--The term 
                `institution of higher education' has the meaning given 
                that term in section 101 of the Higher Education Act of 
                1965 (20 U.S.C. 1001).
                    ``(B) Minority-serving institution.--The term 
                `minority-serving institution' means any public or not-
                for-profit institution of higher education described in 
                section 371(a) of the Higher Education Act of 1965 (20 
                U.S.C. 1067q).
                    ``(C) Vocational institution.--The term `vocational 
                institution' means a postsecondary vocational 
                institution, as that term is defined in section 102(c) 
                of the Higher Education Act of 1965 (20 U.S.C. 
                1002(c)).''.

SEC. 9. DEFINITION.

    Section 200301 of title 54, United States Code, is amended by 
adding at the end the following:
            ``(3) Outer continental shelf.--The term `outer Continental 
        Shelf' has the same meaning given such term in section 2(a) of 
        the Outer Continental Shelf Lands Act (43 U.S.C. 1331).''.

SEC. 10. CLERICAL AMENDMENTS.

    The table of sections for chapter 2003 of title 54, United States 
Code, is amended by inserting after the item relating to section 200310 
the following:

``200311. Allocation of Fund amounts to Payment In-Lieu of Taxes 
                            Program.
``200312. Allocation of Fund amounts to promoting offshore energy 
                            exploration, innovation, and education.''.
                                 <all>