[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5118 Engrossed in House (EH)]

<DOC>
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
117th CONGRESS
  2d Session
                                H. R. 5118

_______________________________________________________________________

                                 AN ACT


 
    To direct the Secretary of Agriculture and the Secretary of the 
    Interior to prioritize the completion of the Continental Divide 
             National Scenic Trail, 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 ``Wildfire Response and Drought 
Resiliency 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. Determination of budgetary effects.
                          DIVISION A--WILDFIRE

                    TITLE I--FEDERAL LANDS WORKFORCE

               Subtitle A--Federal Wildland Firefighters

Sec. 101. Tim Hart Wildland Firefighter Pay Parity.
Sec. 102. Waiver of premium pay limitations for certain employees 
                            engaged in emergency wildland fire 
                            suppression activities.
Sec. 103. Direct hire authority.
Subtitle B--Authorization of Appropriations for Forest Service Fire and 
                     Non-Fire Salaries and Expenses

Sec. 111. In general.
                      Subtitle C--Other Personnel

Sec. 121. National Environmental Policy Act strike teams.
Sec. 122. Community mitigation assistance teams.
Sec. 123. Filling Forest Service recreation management staff vacancies.
Sec. 124. Filling vacancies and increasing number of positions 
                            available in the Forest Service to address 
                            public safety and protection concerns.
 TITLE II--WILDFIRE, ECOSYSTEM PROTECTION, COMMUNITY PREPAREDNESS, AND 
                                RECOVERY

               Subtitle A--10-Year National Wildfire Plan

Sec. 201. Definitions.
Sec. 202. Implementation of 10-year National Wildfire Plan.
Sec. 203. Selection and implementation of landscape-scale forest 
                            restoration projects.
Sec. 204. Youth and conservation corps assistance with projects under 
                            the Plan.
Sec. 205. Prescribed fire training exchanges.
Sec. 206. Ecosystem restoration grant fund through National Fish and 
                            Wildlife Foundation.
Sec. 207. National community capacity and land stewardship grant 
                            program.
Sec. 208. Protection of inventoried roadless areas.
Sec. 209. Strategic wildland fire management planning for prescribed 
                            fire.
Sec. 210. Long-Term Burned Area Recovery account.
Sec. 211. Report on 10-year National Wildfire Plan implementation.
Sec. 212. Performance metrics tracking.
                  Subtitle B--Tribal Biochar Promotion

Sec. 221. Tribal and Alaska Native Biochar demonstration project.
                        TITLE III--OTHER MATTERS

Sec. 301. Requirements relating to certain fire suppression cost share 
                            agreements.
Sec. 302. Investment of certain funds into interest bearing 
                            obligations.
Sec. 303. Study on crop losses.
Sec. 304. Study on use of CH-47 Chinooks to respond to wildfires.
                          DIVISION B--DROUGHT

            TITLE I--DROUGHT RESPONSE AND CLIMATE RESILIENCE

Sec. 101. Advancing large-scale water recycling and reuse projects.
Sec. 102. Salton Sea projects improvements.
Sec. 103. Near-term actions to preserve Colorado River system.
Sec. 104. WaterSMART access for Tribes.
Sec. 105. Reclamation water settlements fund.
Sec. 106. Bureau of Reclamation Tribal clean water assistance.
Sec. 107. White Mountain Apache Tribe Rural Water System.
Sec. 108. Desalination research authorization.
Sec. 109. Water Resources Research Act amendments.
Sec. 110. Saline Lake ecosystems in the Great Basin States Assessment 
                            and Monitoring Program.
Sec. 111. Extension of authorizations related to fish recovery 
                            programs.
Sec. 112. Reclamation climate change and water program.
Sec. 113. Authorization of appropriations for the Las Vegas Wash 
                            program.
Sec. 114. Terminal lakes assistance.
Sec. 115. Expedited measures for drought response.
Sec. 116. Water efficiency, conservation, and sustainability.
Sec. 117. Shoring up electricity generation and reducing evaporation at 
                            Bureau of Reclamation facilities.
         TITLE II--FUTURE WESTERN WATER AND DROUGHT RESILIENCY

Sec. 201. Short title.
Sec. 202. Definitions.
Subtitle A--Assistance for Projects With Fastest Construction Timelines

Sec. 211. Water recycling and reuse projects.
Sec. 212. Desalination project development.
Sec. 213. Assistance for disadvantaged communities without adequate 
                            drinking water.
             Subtitle B--Improved Water Technology and Data

Sec. 221. X-prize for water technology breakthroughs.
Sec. 222. Water technology investment program established.
Sec. 223. Federal priority streamgages.
      Subtitle C--Drought Response and Preparedness for Ecosystems

Sec. 231. Aquatic ecosystem restoration program.
Sec. 232. Watershed health program.
Sec. 233. Waterbird habitat creation program.
Sec. 234. Support for refuge water deliveries.
Sec. 235. Drought planning and preparedness for critically important 
                            fisheries.
Sec. 236. Reauthorization of the Fisheries Restoration and Irrigation 
                            Mitigation Act of 2000.
Sec. 237. Sustaining biodiversity during droughts.
Sec. 238. Water resource education.
             TITLE III--OPEN ACCESS EVAPOTRANSPIRATION DATA

Sec. 301. Short title.
Sec. 302. Definitions.
Sec. 303. Findings.
Sec. 304. Open Access Evapotranspiration (OpenET) Data Program.
Sec. 305. Report.
Sec. 306. Authorization of appropriations.
        TITLE IV--COLORADO RIVER INDIAN TRIBES WATER RESILIENCY

Sec. 401. Short title.
Sec. 402. Findings.
Sec. 403. Definitions.
Sec. 404. Lease or exchange agreements.
Sec. 405. Storage agreements.
Sec. 406. Agreements for creation of water for the Colorado River 
                            System or for Storing Water in Lake Mead.
Sec. 407. Secretarial approval; disapproval; agreements.
Sec. 408. Responsibilities of the Secretary.
Sec. 409. Agreement between the CRIT and the State.
Sec. 410. Agreement between the CRIT, the State, and the Secretary.
Sec. 411. No effect on the CRIT decreed allocation.
Sec. 412. Allottee use of water.
Sec. 413. Consideration paid to the CRIT.
Sec. 414. Liability of the United States.
Sec. 415. Application.
Sec. 416. Rule of construction.
            TITLE V-- HUALAPAI TRIBE WATER RIGHTS SETTLEMENT

Sec. 501. Short title.
Sec. 502. Purposes.
Sec. 503. Definitions.
Sec. 504. Ratification and execution of Hualapai Tribe water rights 
                            settlement agreement.
Sec. 505. Water rights.
Sec. 506. Hualapai Water Trust Fund Account; construction of Hualapai 
                            water project; funding.
Sec. 507. Authorizations of appropriations.
Sec. 508. Environmental compliance.
Sec. 509. Waivers, releases, and retentions of claims.
Sec. 510. Satisfaction of water rights and other benefits.
Sec. 511. Land added to Hualapai Reservation.
Sec. 512. Trust land.
Sec. 513. Reallocation of CAP NIA Priority Water; Firming; Water 
                            Delivery Contract; Colorado River 
                            Accounting.
Sec. 514. Enforceability date.
Sec. 515. Administration.
                          TITLE VI--WATER DATA

Sec. 601. Definitions.
Sec. 602. National water data framework.
Sec. 603. Water Data Council.
Sec. 604. Advisory Committee on Water Information.
Sec. 605. Water data grant program.
Sec. 606. Authorization of appropriations.
               TITLE VII--NOGALES WASTEWATER IMPROVEMENT

Sec. 701. Short title.
Sec. 702. Amendments to the Act of July 27, 1953.
Sec. 703. Nogales sanitation project.
                 TITLE VIII--RIO GRANDE WATER SECURITY

Sec. 801. Short title.
                 Subtitle A--Rio Grande Water Security

Sec. 811. Definitions.
Sec. 812. Integrated water resources management plan for the Rio Grande 
                            Basin.
Sec. 813. Rio Grande Basin Working Group.
Sec. 814. Effect of subtitle.
                     Subtitle B--Pueblo Irrigation

Sec. 821. Reauthorization of Pueblo irrigation infrastructure grants.
     DIVISION C--OTHER FIRE, DROUGHT, AND EXTREME WEATHER PROGRAMS

            TITLE I--INFRASTRUCTURE, ENERGY, AND ASSISTANCE

Sec. 101. Natural Disaster Grid Mitigation Map.
Sec. 102. Interregional minimum transfer capability requirements.
Sec. 103. Critical document fee waiver.
Sec. 104. Hermit's Peak/Calf Canyon Fire Assistance.
Sec. 105. Fire management assistance cost share.
Sec. 106. Transitional sheltering assistance.
Sec. 107. Grid resilience study.
Sec. 108. Nonnative plant species removal grant program.
Sec. 109. Centers of excellence for research on wildfire smoke.
Sec. 110. Community smoke planning.
Sec. 111. Disaster equity and fairness.
Sec. 112. FEMA improvement, reform, and efficiency.
Sec. 113. Fire investigations.
Sec. 114. Critical infrastructure and microgrid program.
Sec. 115. Advanced transmission technology study.
Sec. 116. Rural Communities Drinking Water Resiliency.
              TITLE II--NATIONAL DISASTER SAFETY BOARD ACT

Sec. 201. Establishment and purpose.
Sec. 202. General authority.
Sec. 203. Recommendations and responses.
Sec. 204. Reports and studies.
Sec. 205. Appointment and organization.
Sec. 206. Methodology.
Sec. 207. Administrative.
Sec. 208. Disclosure, availability, and use of information.
Sec. 209. Training.
Sec. 210. Funding.
Sec. 211. Authority of the Inspector General.
Sec. 212. Evaluation and audit of National Disaster Safety Board.
Sec. 213. Definitions.
        TITLE III--NATIONAL WILDLAND FIRE RISK REDUCTION PROGRAM

Sec. 301. Establishment of National Wildland Fire Risk Reduction 
                            Program.
Sec. 302. Program activities.
Sec. 303. Interagency Coordinating Committee on Wildland Fire Risk 
                            Reduction.
Sec. 304. National Advisory Committee on Wildland Fire Risk Reduction.
Sec. 305. Government Accountability Office review.
Sec. 306. Responsibilities of Program agencies.
Sec. 307. Budget activities.
Sec. 308. Definitions.
Sec. 309. Authorization of appropriations.
Sec. 310. Increase in allowable amount of physical disaster loan for 
                            mitigation.
Sec. 311. Study on disaster spending; State disaster plan updates.
                 TITLE IV--WILDFIRE GRID RESILIENCE ACT

Sec. 401. Short title.
Sec. 402. Resilience accelerator demonstration program.
               TITLE V--WILDFIRE INSURANCE COVERAGE STUDY

Sec. 501. Short title.
Sec. 502. National wildfire risk assessment.
Sec. 503. GAO study regarding insurance for wildfire damage.
                        TITLE VI--OTHER MATTERS

Sec. 601. Extreme weather events.
Sec. 602. Fire management assistance program policy.
Sec. 603. Changes to public assistance policy guide.
Sec. 604. Mitigation benefit-cost analysis.
 TITLE VII--COLLATERAL REQUIREMENTS FOR DISASTER LOANS UNDER THE SMALL 
                              BUSINESS ACT

Sec. 701. Collateral requirements for disaster loans under the Small 
                            Business Act.
                   DIVISION D--ENVIRONMENTAL JUSTICE

Sec. 101. Definitions.
Sec. 102. Environmental justice community technical assistance grants.
Sec. 103. White House Environmental Justice Interagency Council.
Sec. 104. Federal agency actions to address environmental justice.
Sec. 105. Training of employees of Federal agencies.
Sec. 106. Environmental justice basic training program.
Sec. 107. Environmental justice clearinghouse.
Sec. 108. Public meetings.
Sec. 109. National Environmental Justice Advisory Council.
Sec. 110. Environmental justice grant programs.
Sec. 111. Environmental justice community solid waste disposal 
                            technical assistance grants.
Sec. 112. Environmental justice community, State, and Tribal grant 
                            programs.
Sec. 113. Protections for environmental justice communities against 
                            harmful Federal actions.
Sec. 114. Prohibited discrimination.
Sec. 115. Right of action.
Sec. 116. Rights of recovery.
Sec. 117. Public health risks associated with cumulative environmental 
                            stressors.
Sec. 118. Climate justice grant program.
Sec. 119. Environmental justice for communities overburdened by 
                            environmental violations.

SEC. 3. DETERMINATION OF BUDGETARY EFFECTS.

    The budgetary effects of this Act, for the purpose of complying 
with the Statutory Pay-As-You-Go Act of 2010, shall be determined by 
reference to the latest statement titled ``Budgetary Effects of PAYGO 
Legislation'' for this Act, submitted for printing in the Congressional 
Record by the Chairman of the House Budget Committee, provided that 
such statement has been submitted prior to the vote on passage.

                          DIVISION A--WILDFIRE

                    TITLE I--FEDERAL LANDS WORKFORCE

               Subtitle A--Federal Wildland Firefighters

SEC. 101. TIM HART WILDLAND FIREFIGHTER PAY PARITY.

    (a) Federal Wildland Firefighter Pay.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act--
                    (A) the minimum rate of basic pay for any Federal 
                wildland firefighter position shall be not less than 
                the rate of pay for step 3 of GS-6 of the General 
                Schedule; and
                    (B) any such position shall receive locality pay 
                under section 5304 of title 5, United States Code, at 
                the rate of ``Rest of U.S.''.
            (2) Annual adjustments.--Notwithstanding any other 
        provision of law, beginning in the first pay period beginning 
        on or after the date that the minimum rates of pay under 
        paragraph (1) begin to apply, and annually thereafter, the 
        basic rate of pay for each Federal wildland firefighter shall 
        be increased by not less than the percentage equal to the 
        percent change in the Consumer Price Index (all items--United 
        States city average), published monthly by the Bureau of Labor 
        Statistics, for December of the preceding year over such 
        Consumer Price Index for the December of the year prior to the 
        preceding year, adjusted to the nearest one-tenth of 1 percent.
            (3) Compensation comparable to non-federal firefighters.--
        Not later than 1 year after the date the minimum rates of pay 
        under paragraph (1) begin to apply, the Secretary of 
        Agriculture and the Secretary of the Interior shall submit a 
        report to Congress on whether pay, benefits, and bonuses 
        provided to Federal wildland firefighters are comparable to the 
        pay, benefits, and bonuses provided for non-Federal 
        firefighters in the State or locality where Federal wildland 
        firefighters are based.
            (4) Hazardous duty pay.--Each Federal wildland firefighter 
        who is carrying out work completed during prescribed fire, 
        parachuting, tree climbing over 20 feet, hazard tree removal, 
        and other hazardous work as identified by the Secretary of 
        Interior and the Secretary of Agriculture, shall be considered 
        an employee in an occupational series covering positions for 
        which the primary duties involve the prevention, control, 
        suppression, or management of wildland fires under section 
        5545(d) of title 5, United States Code. The Director of the 
        Office of Personnel Management may prescribe regulations to 
        carry out this paragraph.
            (5) Mental health leave.--Each Federal wildland firefighter 
        shall be entitled to 7 consecutive days of leave, without loss 
        or reduction in pay, during any calendar year. Leave provided 
        under this paragraph shall not--
                    (A) accumulate for use in succeeding years; and
                    (B) be considered to be annual or vacation leave 
                for purposes of section 5551 or 5552 of title 5, United 
                States Code, or for any other purpose.
    (b) Pay Parity for Federal Structural Firefighters.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, any pay, benefits, and bonuses provided 
        to any Federal structural firefighter shall be comparable with 
        the pay, benefits, and bonuses provided for Federal wildland 
        firefighters.
            (2) Report.--Not later than 1 year after the date the 
        minimum rates of pay under subsection (a)(1) begin to apply, 
        the Director of the Office of Personnel Management shall submit 
        a report to Congress on whether pay for such Federal structural 
        firefighters is competitive with Federal wildland firefighters
    (c) Definitions.--In this section--
            (1) the term ``Federal structural firefighter''--
                    (A) has the meaning given the term ``firefighter'' 
                in section 8401 of chapter 84 of title 5, United States 
                Code; and
                    (B) does not include any Federal wildland 
                firefighter; and
            (2) the term ``Federal wildland firefighter'' means any 
        individual occupying a position within the Wildland Fire 
        Management Series, 0456 established by the Office of Personnel 
        Management pursuant to section 40803(d) of the Infrastructure 
        Investment and Jobs Act (Public Law 117-58), or any subsequent 
        series.

SEC. 102. WAIVER OF PREMIUM PAY LIMITATIONS FOR CERTAIN EMPLOYEES 
              ENGAGED IN EMERGENCY WILDLAND FIRE SUPPRESSION 
              ACTIVITIES.

    (a) Short Title.--This section may be cited as the ``Wildland 
Firefighter Fair Pay Act''.
    (b) Definitions.--In this section:
            (1) Covered employee.--The term ``covered employee'' means 
        an employee of the Department of Agriculture, the Department of 
        the Interior, or the Department of Commerce.
            (2) Covered services.--The term ``covered services'' means 
        services performed by a covered employee that are determined by 
        the Secretary concerned to be primarily relating to emergency 
        wildland fire suppression activities.
            (3) Premium pay.--The term ``premium pay'' means the 
        premium pay paid under the provisions of law described in 
        section 5547(a) of title 5, United States Code.
            (4) Secretary concerned.--The term ``Secretary concerned'' 
        means--
                    (A) the Secretary of Agriculture, with respect to 
                an employee of the Department of Agriculture;
                    (B) the Secretary of the Interior, with respect to 
                an employee of the Department of the Interior; and
                    (C) the Secretary of Commerce, with respect to an 
                employee of the Department of Commerce.
    (c) Waiver of Premium Pay Period Limitation.--Any premium pay for 
covered services shall be disregarded in calculating the aggregate of 
the basic pay and premium pay for the applicable covered employee for 
purposes of a pay period limitation under section 5547(a) of title 5, 
United States Code, or under any other provision of law.
    (d) Waiver of Annual Premium Pay Limitation.--Any premium pay for 
covered services shall be disregarded in calculating any annual 
limitation on the amount of overtime pay payable in a calendar year or 
fiscal year under section 5547(b) of title 5, United States Code.
    (e) Pay Limitation.--A covered employee may not be paid premium pay 
if, or to the extent that, the aggregate amount of the basic pay and 
premium pay (including premium pay for covered services) of the covered 
employee for a calendar year would exceed the rate of basic pay payable 
for a position at level II of the Executive Schedule under section 5313 
of title 5, United States Code, as in effect at the end of that 
calendar year.
    (f) Treatment of Additional Premium Pay.--If the application of 
this section results in the payment of additional premium pay to a 
covered employee of a type that is normally creditable as basic pay for 
retirement or any other purpose, that additional premium pay shall not 
be--
            (1) considered to be basic pay of the covered employee for 
        any purpose; or
            (2) used in computing a lump-sum payment to the covered 
        employee for accumulated and accrued annual leave under section 
        5551 or 5552 of title 5, United States Code.
    (g) Overtime Rates.--Section 5542(a)(5) of title 5, United States 
Code, is amended by striking ``the United States Forest Service in''.

SEC. 103. DIRECT HIRE AUTHORITY.

    (a) Short Title.--This section may be cited as the ``Conservation 
Jobs Act of 2022''.
    (b) Direct Hire Authority.--Section 147(d) of the Workforce 
Innovation and Opportunity Act (29 U.S.C. 3197(d)) is amended by adding 
at the end the following:
            ``(4) Direct hire authority.--
                    ``(A) In general.--Subject to subparagraph (B), the 
                Secretary of Agriculture may appoint, without regard to 
                the provisions of subchapter I of chapter 33 of title 
                5, United States Code (other than sections 3303 and 
                3328 of such title), covered graduates directly to any 
                position with the Forest Service for which the 
                candidate meets Office of Personnel Management 
                qualification standards.
                    ``(B) Limitations.--The Secretary may not appoint 
                under subparagraph (A)--
                            ``(i) during fiscal year 2023, more than 10 
                        covered job corps graduates;
                            ``(ii) during fiscal year 2024, more than 
                        20 covered job corps graduates;
                            ``(iii) during fiscal year 2025, more than 
                        30 covered job corps graduates; and
                            ``(iv) during fiscal year 2026 and each 
                        fiscal year thereafter, more than 50 covered 
                        job corps graduates.
                    ``(C) Covered job corps graduate defined.--In this 
                paragraph, the term `covered graduate' means a graduate 
                of a Civilian Conservation Center who successfully 
                completed a training program, including in 
                administration, human resources, business, or quality 
                assurance, that was focused on forestry, wildland 
                firefighting, or another topic relating to the mission 
                of the Forest Service.''.

Subtitle B--Authorization of Appropriations for Forest Service Fire and 
                     Non-Fire Salaries and Expenses

SEC. 111. IN GENERAL.

    There is authorized to be appropriated--
            (1) for salaries and expenses of fire-related employees of 
        the Forest Service to carry out wildfire preparedness under the 
        wildland fire management program authorized pursuant to the 
        Organic Administration Act of 1897 (16 U.S.C. 551), 
        $1,615,600,000 for fiscal year 2023 and each fiscal year 
        thereafter; and
            (2) for salaries and expenses of National Forest System 
        employees not described in paragraph (1) to carry out 
        activities for the stewardship and management of the National 
        Forest System, $2,353,400,000 for fiscal year 2023 and each 
        fiscal year thereafter.

                      Subtitle C--Other Personnel

SEC. 121. NATIONAL ENVIRONMENTAL POLICY ACT STRIKE TEAMS.

    (a) Establishment.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of Agriculture shall, for each 
region of the Forest Service, establish and maintain at least one NEPA 
strike team per region.
    (b) Priority Assignments.--The Secretary of Agriculture shall give 
priority assignments to NEPA strike teams established under subsection 
(a) that serve--
            (1) areas of the National Forest System with a high or very 
        high risk of wildfire; and
            (2) at-risk communities with a significant number or 
        percentage of homes exposed to wildfire.
    (c) Composition of Strike Teams.--Strike teams established under 
subsection (a) shall, to the maximum extent practicable, consist of 
interdisciplinary members who have demonstrated success in the 
efficient and effective completion of all stages of compliance with the 
National Environmental Policy Act (42 U.S.C. 4321 et seq.).

SEC. 122. COMMUNITY MITIGATION ASSISTANCE TEAMS.

    (a) In General.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of Agriculture shall, for each 
region of the Forest Service, establish and maintain at least one 
community mitigation assistance team.
    (b) Priority Assignments.--The Secretary of Agriculture shall give 
priority assignments to community mitigation assistance teams 
established under subsection (a) that serve at-risk communities with a 
significant number or percentage of homes exposed to a high or very 
high risk of wildfire.
    (c) Assessments.--With respect to a community mitigation assistance 
team established under subsection (a), the Secretary of Agriculture 
may--
            (1) at the request of a State or political subdivision, 
        assign such a team to provide pre-fire assessments; and
            (2) assign such a team to an area or community to provide 
        post-fire assessments.

SEC. 123. FILLING FOREST SERVICE RECREATION MANAGEMENT STAFF VACANCIES.

    (a) In General.--The Secretary of Agriculture, acting through the 
Chief of the Forest Service, shall fill vacancies in Forest Service 
recreation management and planning staff, including recreation 
technicians, recreation officers, and natural resource managers.
    (b) Priority.--The Secretary shall prioritize filling vacancies 
under subsection (a) in units of the National Forest System that--
            (1) are at high or very high risk of wildfires; and
            (2) are located in areas of substantial public use.
    (c) Training and Certification as a Forest Protection Officer.--The 
Secretary may provide the opportunity for any individual who fills a 
vacancy pursuant to subsection (a) to receive training and 
certification as a Forest Protection Officer.

SEC. 124. FILLING VACANCIES AND INCREASING NUMBER OF POSITIONS 
              AVAILABLE IN THE FOREST SERVICE TO ADDRESS PUBLIC SAFETY 
              AND PROTECTION CONCERNS.

    (a) In General.--The Secretary of Agriculture, acting through the 
Chief of the Forest Service, shall--
            (1) fill vacancies in the Forest Service in roles that 
        primarily address public safety and protection;
            (2) assess the number of positions necessary to promote 
        public safety and protect resources from unauthorized use; and
            (3) seek to increase the number of positions available, as 
        described in paragraph (2), as appropriate.
    (b) Priority.--The Secretary shall prioritize filling vacancies and 
increasing the number of positions under subsection (a) in units of the 
National Forest System that--
            (1) are at high or very high risk of wildfires; and
            (2) are located in areas of substantial public use.

 TITLE II--WILDFIRE, ECOSYSTEM PROTECTION, COMMUNITY PREPAREDNESS, AND 
                                RECOVERY

               Subtitle A--10-Year National Wildfire Plan

SEC. 201. DEFINITIONS.

    In this subtitle:
            (1) Plan.--The term ``Plan'' means the plan required under 
        section 202(a).
            (2) Secretaries.--The term ``Secretaries'' means the 
        Secretary of Agriculture and the Secretary of the Interior.
            (3) 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.

SEC. 202. IMPLEMENTATION OF 10-YEAR NATIONAL WILDFIRE PLAN.

    (a) In General.--The Secretary of Agriculture shall, in 
coordination with the Secretary of the Interior, implement a 10-year 
National Wildfire Plan that--
            (1) includes--
                    (A) hazardous fuels and prescribed fire activities 
                to address wildfire risk;
                    (B) vegetation, watershed, wildlife and fisheries 
                habitat management to maintain habitat and improve 
                ecological conditions, including--
                            (i) protecting mature and old-growth trees 
                        and forests;
                            (ii) maintaining habitat in a way that 
                        advances at-risk species recovery and 
                        conservation; and
                            (iii) completing consultations required 
                        under the Endangered Species Act of 1973 (16 
                        U.S.C. 1531 et seq.);
                    (C) management of recreation, heritage, and 
                wilderness programs;
                    (D) activities under the Joint Fire Science Program 
                to address wildfire risk;
                    (E) the activities required under this subtitle;
                    (F) the activities included in--
                            (i) the National Cohesive Wildland Fire 
                        Management Strategy (and successor documents);
                            (ii) the Wildfire Crisis Strategy entitled 
                        ``Confronting the Wildfire Crisis: A Strategy 
                        for Protecting Communities and Improving 
                        Resilience in America's Forests'' and dated 
                        January 2022 (and successor documents);
                            (iii) the Wildfire Crisis Strategy 
                        Implementation Plan entitled ``Wildfire Crisis 
                        Implementation Plan'' and dated January 2022 
                        (and successor documents); and
                            (iv) the Wildfire Crisis Landscape 
                        Investments plan entitled ``Confronting the 
                        Wildfire Crisis: Initial Landscape Investments 
                        to Protect Communities and Improve Resilience 
                        in America's Forests'' dated April 2022 (and 
                        successor documents); and
                    (G) such other wildfire-related activities as 
                determined appropriate by the Secretary of Agriculture 
                or the Secretary of the Interior, in accordance with 
                existing law and regulations; and
            (2) in accordance with section 203, prioritizes carrying 
        out landscape-scale restoration projects.
    (b) Coordination.--In carrying out subsection (a), to the maximum 
extent practicable, the Secretary of Agriculture, in coordination with 
the Secretary of Interior, shall--
            (1) utilize cooperative forestry authorities and 
        agreements, including but not limited to the Cooperative 
        Forestry Assistance Act of 1978 (16 U.S.C. 2101 et seq.);
            (2) solicit proposals from States, counties, and Tribes to 
        address water quantity and quality concerns;
            (3) solicit proposals from States, counties, and Tribes for 
        hazardous fuels treatments;
            (4) consider the long-term State-wide assessments and 
        forest resource strategies established in section 2A the 
        Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2101a); 
        and
            (5) provide priority to collaboratively developed projects.
    (c) Funding.--
            (1) Authorization of appropriations.--
                    (A) Hazardous fuels and prescribed fire.--There is 
                authorized to be appropriated to the Secretary of 
                Agriculture to carry out hazardous fuels and prescribed 
                fire activities under subsection (a)(1)(A), 
                $500,000,000 for each of fiscal years 2023 through 
                2032.
                    (B) Vegetation, watershed, wildlife, and fisheries 
                management.--There is authorized to be appropriated to 
                the Secretary of Agriculture to carry out vegetation, 
                watershed, wildlife and fisheries management activities 
                under subsection (a)(1)(B), $500,000,000 for each of 
                fiscal years 2023 through 2032.
                    (C) Recreation, heritage, wilderness.--There is 
                authorized to be appropriated to the Secretary of 
                Agriculture to carry out recreation, heritage, and 
                wilderness programs under subsection (a)(1)(C), 
                $500,000,000 for each of fiscal years 2023 through 
                2032.
                    (D) Joint fire science program.--There is 
                authorized to be appropriated to carry out wildfire 
                risk reduction and research activities of the Joint 
                Fire Science Program pursuant to the Plan, $20,000,000, 
                for each of fiscal years 2023 through 2032, of which--
                            (i) $10,000,000 shall be made available to 
                        the Secretary of Agriculture; and
                            (ii) $10,000,000 shall be made available to 
                        the Secretary of the Interior.
            (2) Hazardous fuels.--
                    (A) Permissive use.--Of the amounts made available 
                pursuant to paragraph (1)(A) for a fiscal year, up to 
                10 percent may be used to cover a portion of wildland 
                firefighter salaries, so long as the positions to which 
                such salaries apply are full-time and cover projects 
                and activities to reduce wildfire risk.
                    (B) Limitation.--The amounts made available 
                pursuant to paragraph (1)(A) may not be used to cover 
                any portion of wildland firefighter salaries if the 
                activities to reduce wildfire risk are considered 
                wildfire suppression activities.

SEC. 203. SELECTION AND IMPLEMENTATION OF LANDSCAPE-SCALE FOREST 
              RESTORATION PROJECTS.

    (a) In General.--In carrying out the Plan, the Secretary of 
Agriculture shall select, in accordance with this section, landscape-
scale forest restoration projects--
            (1) to implement on National Forest System land; and
            (2) if applicable, to implement on land adjoining National 
        Forest System land, in coordination with other Federal and non-
        Federal entities.
    (b) Initial Phase.--During the 5-year period beginning on the date 
of enactment of this Act, subject to the availability of 
appropriations, the Secretary of Agriculture shall select not more than 
20 landscape-scale forest restoration projects under subsection (a).
    (c) Eligibility Requirements.--
            (1) In general.--Subject to paragraph (2), to be eligible 
        for selection and implementation under subsection (a), a 
        landscape-scale forest restoration project shall satisfy the 
        following requirements:
                    (A) The purposes and needs for the project shall 
                be--
                            (i) to restore the ecological integrity and 
                        ecological resilience of terrestrial and 
                        aquatic areas that have departed from reference 
                        conditions within the forest landscape;
                            (ii) to restore appropriate natural fire 
                        regimes, including by reducing fuel loads in 
                        areas that have departed from reference 
                        conditions, taking into account the current and 
                        projected impacts of climate change; and
                            (iii) to conduct wildfire risk reduction 
                        activities within the wildland-urban interface 
                        to the extent that the project includes lands 
                        within the wildland-urban interface.
                    (B) The project shall be developed and supported by 
                a collaborative group that--
                            (i) includes multiple interested persons 
                        representing diverse interests;
                            (ii) is transparent and inclusive; and
                            (iii) has sufficient expertise, capacity, 
                        and scientific support to effectively plan, 
                        implement, and monitor landscape-level, 
                        ecologically based forest restoration 
                        activities.
                    (C) The project shall be based on a landscape 
                assessment that shall--
                            (i) cover a landscape of--
                                    (I) except as provided in 
                                subclauses (II) and (III), not less 
                                than 100,000 acres;
                                    (II) in such limited cases as the 
                                Secretary of Agriculture determines to 
                                be appropriate, not less than 80,000 
                                acres if--
                                            (aa) the assessment is 
                                        completed or substantially 
                                        completed as of the date of 
                                        enactment of this Act; and
                                            (bb) in the determination 
                                        of the Secretary of 
                                        Agriculture, assessing a larger 
                                        area is not necessary to 
                                        restore the integrity, 
                                        resilience, and fire regimes of 
                                        the landscape; or
                                    (III) not less than 50,000 acres in 
                                the case of a project that is carried 
                                out east of the 100th meridian;
                            (ii) evaluate ecological integrity and 
                        determine reference conditions for the 
                        landscape;
                            (iii) identify terrestrial and aquatic 
                        areas within the landscape that have departed 
                        from reference conditions;
                            (iv) identify criteria to determine 
                        appropriate restoration treatments within 
                        degraded areas of the landscape to achieve 
                        reference conditions, including management 
                        prescriptions and necessary mitigation measures 
                        to protect at-risk species;
                            (v) be based on the best available 
                        scientific information and data, including, 
                        where applicable, high-resolution imagery, 
                        LiDAR, and similar technologies and 
                        information, and involve direct engagement by 
                        scientists; and
                            (vi) identify priority restoration 
                        strategies for terrestrial and aquatic areas, 
                        including prescribed fire and wildfires managed 
                        for multiple resource benefits, which shall 
                        focus on--
                                    (I) areas that are the most 
                                departed from reference conditions; and
                                    (II) areas that would benefit the 
                                most from reducing the risk of 
                                uncharacteristic wildfire, especially 
                                with respect to nearby communities, 
                                taking into account other completed, 
                                ongoing, planned fuels-reduction 
                                projects, and the effects of recent 
                                wildfires.
                    (D) Restoration treatments under the project--
                            (i) shall emphasize the reintroduction of 
                        characteristic fire, based on forest ecology 
                        and reference conditions, through the use of 
                        prescribed fire, wildfire, or both;
                            (ii) that involve any proposed mechanical 
                        treatments shall be designed to promote--
                                    (I) the restoration of reference 
                                conditions in areas that lack 
                                ecological integrity, with a focus on 
                                the reduction of surface and ladder 
                                fuels; and
                                    (II) the establishment of 
                                conditions that will facilitate 
                                prescribed fire or managed wildfire;
                            (iii) shall--
                                    (I) fully maintain or contribute to 
                                the restoration of reference old forest 
                                conditions, taking into account the 
                                current and projected impacts of 
                                climate change; and
                                    (II) protect or increase the number 
                                and distribution of large old trees, 
                                consistent with reference conditions, 
                                excepting any de minimis losses of 
                                large old trees from prescribed fire or 
                                hazardous tree removal; and
                            (iv) that involve prescribed fire shall 
                        provide advance notification, in accordance 
                        with notification procedures developed by the 
                        Secretary of Agriculture, to the owner or 
                        operator of critical infrastructure, such as a 
                        power line right-of-way, of any prescribed fire 
                        treatments within close proximity to the 
                        infrastructure.
                    (E) The project shall be consistent with all 
                applicable environmental laws, including--
                            (i) the National Environmental Policy Act 
                        of 1969 (42 U.S.C. 4321 et seq.);
                            (ii) the Endangered Species Act of 1973 (16 
                        U.S.C. 1531 et seq.); and
                            (iii) the Forest and Rangeland Renewable 
                        Resources Planning Act of 1974 (16 U.S.C. 1600 
                        et seq.).
                    (F) The project shall be consistent with section 
                208.
                    (G) The project shall require multiparty 
                monitoring, including opportunities for public 
                engagement, and an adaptive management approach that--
                            (i) conditions the future implementation of 
                        the project on the satisfactory completion of--
                                    (I) priority restoration actions; 
                                and
                                    (II) required monitoring after 
                                implementation;
                            (ii) validates conditions projected to 
                        occur in the environmental analysis for the 
                        project; and
                            (iii) requires modifications to the project 
                        if monitoring reveals impacts beyond the 
                        anticipated impacts of the project.
                    (H)(i) No new permanent road may be built as part 
                of the project.
                    (ii) Any new temporary roads needed to implement 
                the project shall be decommissioned not later than 3 
                years after completion of the project.
                    (I) The project shall use an efficient approach to 
                landscape-scale analysis and decisionmaking that is 
                consistent with the National Environmental Policy Act 
                of 1969 (42 U.S.C. 4321 et seq.), which may include--
                            (i) the preparation of a single 
                        environmental impact statement or environmental 
                        assessment, as applicable, for the entire 
                        project, incorporating the landscape assessment 
                        described in subparagraph (C);
                            (ii) the use of, as applicable--
                                    (I) multiple records of decision to 
                                implement a single environmental impact 
                                statement; or
                                    (II) multiple decision notices to 
                                implement a single environmental 
                                assessment;
                            (iii) the preparation of a programmatic 
                        environmental impact statement or environmental 
                        assessment, as applicable, for the entire 
                        project, incorporating the landscape assessment 
                        described in subparagraph (C), followed by 
                        focused, concise, and site-specific--
                                    (I) environmental assessments; or
                                    (II) categorical exclusions 
                                consistent with the National 
                                Environmental Policy Act of 1969 (42 
                                U.S.C. 4321 et seq.); or
                            (iv) the use of the landscape assessment 
                        described in subparagraph (C), through 
                        incorporation by reference and similar 
                        approaches, to support focused, concise, and 
                        site-specific--
                                    (I) environmental assessments; or
                                    (II) categorical exclusions 
                                consistent with the National 
                                Environmental Policy Act of 1969 (42 
                                U.S.C. 4321 et seq.).
            (2) Exception.--If the Secretary of Agriculture determines 
        that there are an insufficient number of projects that fully 
        comply with the requirements described in paragraph (1) to 
        implement based on all available funding, then the Secretary of 
        Agriculture may, during the 2-year period beginning on the date 
        of enactment of this Act, select under subsection (a) not more 
        than a total of 5 landscape-scale forest restoration projects 
        to implement that do not fully comply with those requirements 
        if the projects--
                    (A) fully comply with the requirements described in 
                subparagraphs (B), (D), (E), (F), (G), (H), and (I) of 
                that paragraph;
                    (B) in the determination of the Secretary of 
                Agriculture, have purposes and needs that are 
                consistent with the purposes and needs described in 
                subparagraph (A) of that paragraph; and
                    (C) are supported by landscape assessments that are 
                substantially (if not completely) consistent with the 
                requirements described in subparagraph (C) of that 
                paragraph, subject to the condition that the applicable 
                landscape assessments fully comply with the 
                requirements described in clauses (i) and (v) of that 
                subparagraph.
    (d) Evaluation of Eligible Projects.--
            (1) In general.--In determining which landscape-scale 
        forest restoration projects to select under subsection (a), the 
        Secretary of Agriculture shall consider--
                    (A) the criteria described in paragraph (2);
                    (B) the extent to which the project utilizes the 
                approaches to project implementation described in 
                paragraph (3); and
                    (C) the recommendations of the advisory panel 
                established under subsection (e).
            (2) Criteria.--The criteria referred to in paragraph (1)(A) 
        are--
                    (A) the demonstrated need, based on the best 
                available science, to restore ecological integrity to 
                degraded or departed areas within the landscape covered 
                by the project, taking into account the current and 
                projected impacts of climate change;
                    (B)(i) the importance of watersheds in the area 
                covered by the project for downstream waters supply; 
                and
                            (ii) the opportunity to improve the 
                        ecological integrity and ecological conditions 
                        of those watersheds and reduce risks to water 
                        resources through landscape-scale forest 
                        restoration;
                    (C)(i) the potential extent of cost sharing for the 
                development and implementation of the project from 
                diverse sources, such as State or local governments, 
                water or electric utilities, carbon credits, or private 
                entities; and
                            (ii) the proportion of the non-Federal cost 
                        share that is in the form of cash 
                        contributions;
                    (D) whether the area covered by the project has 
                high-resolution, remote-sensing data and other 
                information available that enables a landscape 
                assessment and a robust analysis and disclosure of the 
                effects and outcomes of implementing restoration 
                activities;
                    (E) whether the project is using, or will use, 
                innovative approaches to completing resource surveys 
                that are less costly and less time-consuming than usual 
                practices while providing the information necessary for 
                project design and analysis;
                    (F) whether the project will reduce the number of 
                miles of permanent roads on National Forest System land 
                that are not necessary for resource management or 
                recreational access;
                    (G) whether the project will assess or quantify the 
                ecosystem service benefits of forest restoration within 
                the landscape covered by the project, such as water, 
                carbon, biodiversity, fire risk reduction, public 
                health, and community safety;
                    (H) whether the project has the potential to 
                support new or existing wood processing infrastructure 
                that can make economic use of the byproducts of forest 
                restoration;
                    (I) whether the project has the potential to 
                support local employment and investment opportunities, 
                particularly in economically disadvantaged communities;
                    (J) the scale of the landscape assessment for the 
                project, with a preference for projects for which the 
                landscape assessment covers a larger area; and
                    (K) whether the project--
                            (i) strives to restore ecological integrity 
                        and ecological conditions within areas across 
                        land ownerships, including State and private 
                        land; and
                            (ii) will reduce the risk of 
                        uncharacteristic wildfire, and, to the extent 
                        practicable, restore ecological integrity, 
                        within the wildland-urban interface.
            (3) Collaboration.--The Secretary of Agriculture may 
        coordinate with Federal, State, local, and Tribal agencies with 
        respect to selection and implementation under subsection (a), a 
        landscape-scale forest restoration project.
    (e) Advisory Panel.--
            (1) In general.--The Secretary of Agriculture shall 
        establish and maintain an advisory panel composed of not more 
        than 15 members to evaluate, and provide recommendations on--
                    (A) each landscape-scale forest restoration project 
                that the Secretary of Agriculture is reviewing for 
                potential selection under subsection (a); and
                    (B) proposals for planning and developing 
                landscape-scale forest restoration projects.
            (2) Representation.--The Secretary of Agriculture shall 
        ensure that the membership of the advisory panel established 
        under paragraph (1) is fairly balanced in terms of the points 
        of view represented and the functions to be performed by the 
        advisory panel.
            (3) Inclusion.--The advisory panel established under 
        paragraph (1) shall include experts in ecological forest 
        restoration, fire ecology, fire management, rural economic and 
        workforce development, strategies for ecological adaptation to 
        climate change, fish and wildlife ecology, and woody biomass 
        and small-diameter tree utilization.
            (4) Exemption.--The advisory panel established under 
        paragraph (1) shall be exempt from the Federal Advisory 
        Committee Act (5 U.S.C. App.).

SEC. 204. YOUTH AND CONSERVATION CORPS ASSISTANCE WITH PROJECTS UNDER 
              THE PLAN.

    In carrying out projects under the Plan, the Secretaries shall, to 
the maximum extent practicable--
            (1) identify appropriate projects to be carried out by, and 
        enter into cooperative agreements to carry out such projects 
        with--
                    (A) qualified youth or conservation corps (as 
                defined in section 203 of the Public Lands Corps Act of 
                1993 (16 U.S.C. 1722)); or
                    (B) nonprofit wilderness and trails stewardship 
                organizations, including--
                            (i) the Corps Network;
                            (ii) the National Wilderness Stewardship 
                        Alliance;
                            (iii) American Trails; and
                            (iv) other public lands stewardship 
                        organizations, as appropriate; and
            (2) waive any matching funds requirements, including under 
        section 212(a)(1) of the Public Lands Corps Act of 1993 (16 
        U.S.C. 1729(a)(1)).

SEC. 205. PRESCRIBED FIRE TRAINING EXCHANGES.

    (a) Western Prescribed Fire Centers.--
            (1) In general.--In carrying out the Plan, the Secretaries 
        shall establish 1 or more centers to train individuals in 
        prescribed fire methods and other methods relevant to the 
        mitigation of wildfire risk (referred to in this subsection as 
        a ``center'').
            (2) Host institutions.--The 1 or more centers shall be--
                    (A) located at 1 or more institutions of higher 
                education; or
                    (B) developed in collaboration with 1 or more 
                institutions of higher education.
            (3) Goals.--The 1 or more centers shall advance the 
        following goals:
                    (A) Training individuals and conducting research on 
                prescribed fire methods and other restoration methods 
                relevant to the mitigation of wildfire risk.
                    (B) Developing and advancing interdisciplinary 
                science relating to wildfire, including social science 
                and human dimensions of wildfire.
                    (C) Conducting ongoing and forward-looking needs 
                assessments among stakeholders, including Federal and 
                State agencies and Indian Tribes, to determine common 
                need requirements and emerging challenges to reduce 
                wildfire risk and adapt communities to increased risk 
                from wildfire, including the following hazard-related 
                focus areas:
                            (i) Increasing disaster resilience.
                            (ii) Mitigation and management methods.
                            (iii) Air quality.
                            (iv) Firestorm weather forecasting and 
                        burn-area debris flow forecasting, including 
                        empirical and modeling research.
                    (D) Collaborating with Federal wildfire scientists 
                at the Forest Service, the Department of the Interior, 
                and other related Federal agencies.
                    (E) Identifying, through a detailed engagement 
                process targeting defined end-users, the requirements 
                and delivery mechanisms for products and services that 
                are practical and will have an impact on mitigating 
                wildfire risk.
                    (F) Promoting technology transfer with pathways for 
                dissemination, implementation, and application of 
                research results on the ground, using and enhancing 
                previous research.
                    (G) Ensuring the connectivity and interoperability 
                of distributed services to maximize synergies and 
                benefits across services.
                    (H) Developing open digital infrastructure to make 
                research data, science, and models open for all sectors 
                to use.
                    (I) Collaborating with prescribed fire and wildfire 
                science programs, including the Joint Fire Science 
                Program, Fire Science Exchange Networks, and State and 
                Regional Prescribed Fire Associations.
                    (J) Advancing best practices and training for 
                safely pursuing, conducting, and controlling prescribed 
                fires.
                    (K) Creating processes to facilitate public comment 
                prior to prescribed fire implementation.
            (4) Location.--
                    (A) In general.--The 1 or more centers shall be 
                located in any State the entirety of which is located 
                west of the 100th meridian.
                    (B) Consultation.--The Secretaries shall consult 
                with the Joint Fire Science Program to solicit and 
                evaluate proposals for the location of the 1 or more 
                centers.
                    (C) Selection.--Not later than 1 year after the 
                date of enactment of this Act, based on the 
                consultation under subparagraph (B), the Secretaries 
                shall select a location for the 1 or more centers.
    (b) Additional Training Centers.--Subject to the availability of 
appropriations, not later than September 30, 2023, the Secretary of the 
Interior, in cooperation with the Secretary of Agriculture, shall--
            (1) establish and operate a prescribed fire training center 
        in a western State;
            (2) continue to operate a prescribed fire training center 
        in an eastern State;
            (3) establish a virtual prescribed fire training center; 
        and
            (4) establish and maintain a Strategic Wildfire Management 
        Training Center.

SEC. 206. ECOSYSTEM RESTORATION GRANT FUND THROUGH NATIONAL FISH AND 
              WILDLIFE FOUNDATION.

    (a) Establishment.--Not later than 180 days after the date of 
enactment of this section, the Secretary shall enter into a cooperative 
agreement with the Foundation to establish the Community Resilience and 
Restoration Fund at the Foundation to--
            (1) improve community safety in the face of climactic 
        extremes through conservation and protection of restoration and 
        resilience lands;
            (2) to protect, conserve, and restore restoration and 
        resilience lands in order to help communities respond and adapt 
        to natural threats, including wildfire, drought, extreme heat, 
        and other threats posed or exacerbated by the impacts of global 
        climate;
            (3) to build the resilience of restoration and resilience 
        lands to adapt to, recover from, and withstand natural threats, 
        including wildfire, drought, extreme heat, and other threats 
        posed or exacerbated by the impacts of global climate change;
            (4) to protect and enhance the biodiversity of wildlife 
        populations, with special consideration to the recovery and 
        conservation of at-risk species, across restoration and 
        resilience lands;
            (5) to support the health of restoration and resilience 
        lands for the benefit of present and future generations;
            (6) to foster innovative, nature-based solutions that help 
        meet the goals of this section; and
            (7) to enhance the nation's natural carbon sequestration 
        capabilities and help communities strengthen natural carbon 
        sequestration capacity where applicable.
    (b) Management of the Fund.--The Foundation shall manage the Fund--
            (1) pursuant to the National Fish and Wildlife Foundation 
        Establishment Act (16 U.S.C. 3701 et seq.); and
            (2) in such a manner that, to the greatest extent 
        practicable and consistent with the purposes for which the Fund 
        is established--
                    (A) ensures that amounts made available through the 
                Fund are accessible to historically underserved 
                communities, including Tribal communities, communities 
                of color, and rural communities; and
                    (B) avoids project selection and funding overlap 
                with those projects and activities that could otherwise 
                receive funding under--
                            (i) the National Oceans and Coastal 
                        Security Fund, established under the National 
                        Oceans and Coastal Security Act (16 U.S.C. 
                        7501); or
                            (ii) other coastal management focused 
                        programs.
    (c) Competitive Grants.--
            (1) In general.--To the extent amounts are available in the 
        Fund, the Foundation shall award grants to eligible entities 
        through a competitive grant process in accordance with 
        procedures established pursuant to the National Fish and 
        Wildlife Foundation Establishment Act (16 U.S.C. 3701 et seq.) 
        to carry out eligible projects and activities, including 
        planning eligible projects and activities.
            (2) Proposals.--The Foundation, in coordination with the 
        Secretary, shall establish requirements for proposals for 
        competitive grants under this section.
    (d) Use of Amounts in the Fund.--
            (1) Planning.--Not less than 8 percent of amounts 
        appropriated annually to the Fund may be used to plan eligible 
        projects and activities, including capacity building.
            (2) Administrative costs.--
                    (A) Not more than 4 percent of amounts appropriated 
                annually to the Fund may be used by the Foundation for 
                administrative expenses of the Fund or administration 
                of competitive grants offered under the Fund.
                    (B) Not more than 4 percent of the amounts 
                appropriated annually to the Fund may be used by the 
                United States Fish and Wildlife Service for 
                administrative expenses.
            (3) Priority.--Not less than $10,000,000 of the amounts 
        appropriated annually to the Fund shall be awarded annually to 
        support eligible projects and activities for Indian Tribes.
            (4) Coordination.--The Secretary and Foundation shall 
        ensure, to the greatest extent practicable and through 
        meaningful consultation, that input from Indian Tribes, 
        including traditional ecological knowledge, is incorporated in 
        the planning and execution of eligible projects and activities.
    (e) Reports.--
            (1) Annual reports.--Beginning at the end the first full 
        fiscal year after the date of enactment of this section, and 
        not later than 60 days after the end of each fiscal year in 
        which amounts are deposited into the Fund, the Foundation shall 
        submit to the Secretary a report on the operation of the Fund 
        including--
                    (A) an accounting of expenditures made under the 
                Fund, including leverage and match as applicable;
                    (B) an accounting of any grants made under the 
                Fund, including a list of recipients and a brief 
                description of each project and its purposes and goals; 
                and
                    (C) measures and metrics to track benefits created 
                by grants administered under the Fund, including 
                enhanced biodiversity, water quality, natural carbon 
                sequestration, and resilience.
            (2) 5-Year reports.--Not later than 90 days after the end 
        of the fifth full fiscal year after the date of enactment of 
        this section, and not later than 90 days after the end every 
        fifth fiscal year thereafter, the Foundation shall submit to 
        the Secretary a report containing--
                    (A) a description of any socioeconomic, 
                biodiversity, community resilience, or climate 
                resilience or mitigation (including natural carbon 
                sequestration), impacts generated by projects funded by 
                grants awarded by the Fund, including measures and 
                metrics illustrating these impacts;
                    (B) a description of land health benefits derived 
                from projects funded by grants awarded by the Fund, 
                including an accounting of--
                            (i) lands treated for invasive species;
                            (ii) lands treated for wildfire threat 
                        reduction, including those treated with 
                        controlled burning or other natural fire-
                        management techniques; and
                            (iii) lands restored either from wildfire 
                        or other forms or degradation, including over-
                        grazing and sedimentation;
                    (C) key findings for Congress, including any 
                recommended changes to the authorization or purposes of 
                the Fund;
                    (D) best practices for other Federal agencies in 
                the administration of funds intended for land and 
                habitat restoration;
                    (E) information on the use and outcome of funds 
                specifically set aside for planning and capacity 
                building pursuant to subsection (d)(1); and
                    (F) any other information that the Foundation 
                considers relevant.
            (3) Submission of reports to congress.--Not later than 10 
        days after receiving a report under this section, the Secretary 
        shall submit the report to the Committee on Natural Resources 
        of the House of Representatives and the Committee on 
        Environment and Public Works of the Senate.
    (f) Authorization of Appropriations.--There is hereby authorized to 
be appropriated to the Fund $100,000,000 for each of fiscal years 2023 
through 2032 to carry out this section.
    (g) Definitions.--For purposes of this section:
            (1) The term ``eligible entity'' means a Federal agency, 
        State, the District of Columbia, a territory of the United 
        States, a unit of local government, an Indian Tribe, a non-
        profit organization, or an accredited institution of higher 
        education.
            (2) The term ``eligible projects and activities'' means 
        projects and activities carried out by an eligible entity on 
        public lands, Tribal lands, or private land, or any combination 
        thereof, to further the purposes for which the Fund is 
        established, including planning and capacity building and 
        projects and activities carried out in coordination with 
        Federal, State, or Tribal departments or agencies, or any 
        department or agency of a subdivision of a State.
            (3) The term ``Foundation'' means the National Fish and 
        Wildlife Foundation established under the National Fish and 
        Wildlife Foundation Establishment Act (16 U.S.C. 3701 et seq.).
            (4) The term ``Fund'' means the Community Resilience and 
        Restoration Fund established under subsection (a).
            (5) The term ``Indian Tribe'' means the governing body of 
        any Indian or Alaska Native tribe, band, nation, pueblo, 
        village, community, component band, or component reservation 
        individually identified (including parenthetically) on the list 
        published by the Secretary under section 104 of the Federally 
        Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5131).
            (6) The term ``restoration and resilience lands'' means 
        fish, wildlife, and plant habitats, and other important natural 
        areas in the United States, on public lands, private land 
        (after obtaining proper consent from the landowner), or land of 
        Indian Tribes, including grasslands, shrublands, prairies, 
        chapparral lands, forest lands, deserts, and riparian or 
        wetland areas within or adjacent to these ecosystems.
            (7) The term ``public lands'' means lands owned or 
        controlled by the United States.
            (8) The term ``Secretary'' means the Secretary of the 
        Interior, acting through the Director of the United States Fish 
        and Wildlife Service.
            (9) The term ``State'' means a State of the United States, 
        the District of Columbia, any Indian Tribe, and any 
        commonwealth, territory, or possession of the United States.

SEC. 207. NATIONAL COMMUNITY CAPACITY AND LAND STEWARDSHIP GRANT 
              PROGRAM.

    (a) Definitions.--In this section:
            (1) Community capacity.--The term ``community capacity'' 
        means the ability of an eligible entity to carry out or assist 
        in a land stewardship activity.
            (2) Disadvantaged community.--The term ``disadvantaged 
        community'' means--
                    (A) a low-income community (as defined in section 
                45D(e) of the Internal Revenue Code of 1986); and
                    (B) a community that includes a significant 
                population that has been systematically denied a full 
                opportunity to participate in aspects of economic, 
                social, and civic life based on a particular 
                characteristic, such as Black, Latino, Indigenous, and 
                Native American persons, Asian Americans, Pacific 
                Islanders, and other persons of color.
            (3) Eligible entity.--The term ``eligible entity'' means 
        any the following entities that is located in or represents a 
        disadvantaged community:
                    (A) An organization described in section 501(c) of 
                the Internal Revenue Code of 1986 and exempt from 
                taxation under section 501(a) of that Code.
                    (B) A collaborative group fiscally sponsored by an 
                organization described in subparagraph (A).
                    (C) A unit of local government.
                    (D) An Indian Tribe.
                    (E) A special district government, as defined by 
                the Director of the Bureau of the Census.
            (4) Ecological integrity.--The term ``ecological 
        integrity'' has the meaning given the term in section 219.19 of 
        title 36, Code of Federal Regulations (as in effect on the date 
        of enactment of this Act).
            (5) Indian tribe.--The term ``Indian Tribe'' has the 
        meaning given the term in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 5304).
            (6) Land stewardship activity.--The term ``land stewardship 
        activity'' means any of the following activities, as applied to 
        a qualifying project:
                    (A) Planning.
                    (B) Collaboration and building community support.
                    (C) Implementation on land other than National 
                Forest System land.
                    (D) Monitoring, including multiparty monitoring, 
                and adaptive management.
            (7) Qualifying project.--The term ``qualifying project'' 
        means any of the following activities that takes place at least 
        in substantial part on National Forest System land or national 
        grasslands:
                    (A) Restoration of the ecological integrity of a 
                forest, meadow, grassland, prairie, or other habitat.
                    (B) Tribal management for aligned cultural and 
                ecological values.
                    (C) Enhancing community wildfire resilience in the 
                wildland-urban interface.
                    (D) Increasing equitable access to environmental 
                education and volunteerism opportunities.
            (8) Restoration.--The term ``restoration'' has the meaning 
        given the term in section 219.19 of title 36, Code of Federal 
        Regulations (as in effect on the date of enactment of this 
        Act).
            (9) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture, acting through the Chief of the Forest Service.
    (b) Purpose.--The purpose of this section is to support increasing 
community capacity, partnerships, and collaborations within and 
involving disadvantaged communities for land stewardship activities and 
restoration of ecological integrity on--
            (1) National Forest System land;
            (2) national grasslands; and
            (3) adjacent private, State, and trust land associated with 
        the health and resilience of land described in paragraphs (1) 
        and (2).
    (c) Administration.--
            (1) In general.--The Secretary may issue grants to eligible 
        entities for increasing community capacity for land stewardship 
        activities and related activities based on the criteria 
        described in subsection (d).
            (2) Federal cost-share.--
                    (A) In general.--The Secretary may fund up to 100 
                percent of the cost of land stewardship activities and 
                related activities carried out using a grant issued 
                under paragraph (1).
                    (B) Matching eligibility.--A grant issued under 
                this section may be considered a non-Federal matching 
                contribution from the eligible entity that received the 
                grant towards other sources of Federal funding.
            (3) Duration.--The Secretary may issue a grant under 
        paragraph (1) for a period of 1 or more years.
            (4) Maximum grant amount.--The amount of a grant issued 
        under paragraph (1) shall be not more than $50,000 per year.
            (5) Applicable laws.--The Secretary shall administer grants 
        under paragraph (1) in accordance with all applicable Federal 
        and State laws.
    (d) Criteria for Awarding Grants.--
            (1) In general.--Subject to paragraph (2), the Secretary 
        shall award grants to eligible entities under subsection (c)(1) 
        on a competitive basis in accordance with the following 
        criteria:
                    (A) The extent to which the proposed land 
                stewardship activities benefit units of the National 
                Forest System and national grasslands over the short 
                and long term.
                    (B) The extent to which valuable ecological, 
                economic, and social benefits to disadvantaged 
                communities, including job creation and business 
                development or retention, are likely to result from the 
                scope of the land stewardship activities.
                    (C) The extent to which the grant would benefit 
                disadvantaged communities that have historically 
                received less investment in collaborative capacity.
                    (D) The extent to which the proposal brings 
                together diverse interests through planning, 
                collaboration, implementation, or monitoring of land 
                stewardship activities to benefit units of the National 
                Forest System or national grasslands.
                    (E) The extent to which the grant funds appear to 
                be critical for the success of the eligible entity and 
                the identified land stewardship activities.
                    (F) The extent to which the budget for the land 
                stewardship activities is reasonable given the 
                anticipated outcomes.
            (2) Set-aside for indian tribes.--The Secretary shall 
        allocate not less than 10 percent of the funding awarded under 
        this section to Indian Tribes or eligible entities representing 
        Indian Tribes.
    (e) Annual Reviews.--
            (1) In general.--The Secretary shall establish and maintain 
        an advisory panel composed of not more than 15 members to 
        provide feedback each year to the Chief of the Forest Service 
        on the extent to which the implementation of this section is 
        fulfilling the purpose described in subsection (b).
            (2) Inclusions.--The advisory panel established under 
        paragraph (1) shall include representation from a diversity of 
        public land stakeholders from across interest groups, 
        including--
                    (A) not fewer than 8 members representing the 
                interests of a diversity of disadvantaged communities; 
                and
                    (B) not fewer than 2 members representing not fewer 
                than 2 Indian Tribes.
            (3) Exemption.--The advisory panel established under 
        paragraph (1) shall be exempt from the Federal Advisory 
        Committee Act (5 U.S.C. App.).
    (f) Report Evaluating Program Implementation.--
            (1) In general.--Not later than 4 years after the date of 
        enactment of this Act, the Secretary shall submit to the 
        Committee on Agriculture, the Committee on Natural Resources, 
        and the Committee on Appropriations of the House of 
        Representatives and the Committee on Agriculture, Nutrition, 
        and Forestry, the Committee on Energy and Natural Resources, 
        and the Committee on Appropriations of the Senate a report 
        evaluating the implementation of this section, including--
                    (A) a list of the eligible entities and land 
                stewardship activities selected for funding under this 
                section and the accomplishments of those activities; 
                and
                    (B) an evaluation of the extent to which the 
                implementation of this section is fulfilling the 
                purpose described in subsection (b).
            (2) Consultation; contracting.--In preparing the report 
        under paragraph (1), the Secretary--
                    (A) shall consult with the advisory panel 
                established under subsection (e)(1); and
                    (B) may contract with a third party to complete an 
                evaluation of the implementation of this section to 
                inform the report.
    (g) Authorization of Appropriations.--
            (1) In general.--There is authorized to be appropriated to 
        the Secretary to carry out this section $50,000,000 for the 
        period of fiscal years 2023 through 2032.
            (2) Distribution.--The Secretary shall, to the maximum 
        extent practicable, distribute amounts made available under 
        paragraph (1) in a geographically equitable manner.
            (3) Administrative costs.--Not more than 10 percent of any 
        amounts made available to carry out this section may be used 
        for administrative management and program oversight.

SEC. 208. PROTECTION OF INVENTORIED ROADLESS AREAS.

    The Secretary of Agriculture shall not authorize road construction, 
road reconstruction, or the cutting, sale, or removal of timber on 
National Forest System lands subject to the Roadless Area Conservation 
Rule as published on January 12, 2001 (66 Fed. Reg. 3243) except as 
provided in--
            (1) subpart B of part 294 of title 36, Code of Federal 
        Regulations (as in effect on January 12, 2001);
            (2) subpart C of part 294 of title 36, Code of Federal 
        Regulations (as in effect on October 16, 2008 for Idaho); and
            (3) subpart D of part 294 of title 36, Code of Federal 
        Regulations (as provided for Colorado on July 3, 2012 and 
        December 19, 2016).

SEC. 209. STRATEGIC WILDLAND FIRE MANAGEMENT PLANNING FOR PRESCRIBED 
              FIRE.

    (a) In General.--Not later than September 30, 2024, the Secretary 
concerned shall, in accordance with this section, establish a spatial 
fire management plan for any prescribed fire.
    (b) Use of Existing Information.--To comply with this section, the 
Secretary concerned may use a fire management plan in existence on the 
date of enactment of this Act, and information from the Wildland Fire 
Decision Support System and the Interagency Fuels Treatment Decision 
Support System.
    (c) Updates.--To be valid, a spatial fire management plan 
established under this section shall not be in use for longer than the 
10-year period beginning on the date on which the plan is established.
    (d) Contents.--For each spatial fire management plan established 
under this section, the Secretary concerned shall--
            (1) base the plans on a landscape-scale risk assessment 
        that includes--
                    (A) risks to firefighters;
                    (B) risks to communities;
                    (C) risks to highly valuable resources; and
                    (D) other relevant considerations determined by the 
                Secretary concerned;
            (2) include direction, represented in spatial form, from 
        land management plans and resource management plans;
            (3) in coordination with States, delineate potential 
        operational delineations that--
                    (A) identify potential prescribed fire or wildfire 
                control locations; and
                    (B) specify the places in which firefighters will 
                not be sent because of the presence of unacceptable 
                risk, including areas determined by the Secretary 
                concerned as--
                            (i) exceeding a certain slope;
                            (ii) containing too high of a volume of 
                        hazardous fuels, under certain weather 
                        conditions; or
                            (iii) containing other known hazards;
            (4) include a determination of average severe fire weather 
        for the plan area;
            (5) include prefire planning provisions;
            (6) include a plan for emergency wildfire suppression 
        activities; and
            (7) include, at a minimum, any other requirement determined 
        to be necessary by the Secretary concerned.
    (e) Consistency With Management Plans.--The spatial fire management 
plans established under this section shall, to the maximum extent 
practicable, be consistent with the fire management objectives and land 
management objectives in the applicable land management plan or 
resource management plan.
    (f) Revisions to Land Management Plans and Resource Management 
Plans.--A revision to a land management plan or resource management 
plan shall consider fire ecology and fire management in a manner that 
facilitates the issuance of direction for an incident response.

SEC. 210. LONG-TERM BURNED AREA RECOVERY ACCOUNT.

    (a) Establishment of Account.--There is established in the Treasury 
of the United States the Long-Term Burned Area Recovery account for the 
Department of Agriculture.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated for fiscal year 2023 and each fiscal year thereafter for 
the account established by subsection (a) such sums as are necessary to 
carry out the activities described in subsection (d), not to exceed 
$100,000,000.
    (c) Annual Requests.--For fiscal year 2023 and each fiscal year 
thereafter, the Secretary of Agriculture shall submit to Congress and 
in accordance with subsection (b), a request for amounts necessary to 
carry out the activities described in subsection (d).
    (d) Authorized Activities.--The Secretary of Agriculture shall use 
amounts in the account established by subsection (a) for recovery 
projects--
            (1) that begin not earlier than 1 year after the date on 
        which the wildfire was contained;
            (2) that are--
                    (A) scheduled to be completed not later than 3 
                years after the date on which the wildfire was 
                contained; and
                    (B) located at sites impacted by wildfire on non-
                Federal or Federal land; and
            (3) that restore the functions of an ecosystem or protect 
        life or property.
    (e) Prioritization of Funding.--The Secretary of Agriculture shall 
prioritize, on a nationwide basis, projects for which funding requests 
are submitted under this section, based on--
            (1) downstream effects on water resources; and
            (2) public safety.

SEC. 211. REPORT ON 10-YEAR NATIONAL WILDFIRE PLAN IMPLEMENTATION.

    Not later than 1 year after the date of the enactment of this Act, 
and annually thereafter, the Inspector General of the Department of 
Agriculture shall submit to Congress a report on the progress made in 
the prior year towards completing the goals established under the Plan 
that includes--
            (1) the amount of funding appropriated to carry out the 
        Plan pursuant to the provisions of this subtitle with respect 
        to the prior fiscal year; and
            (2) recommendations to improve implementation of the Plan.

SEC. 212. PERFORMANCE METRICS TRACKING.

    Not later than 1 year after the date of the enactment of this Act, 
and annually thereafter, the Secretary of Agriculture shall submit to 
Congress an assessment with respect to the prior year of the following:
            (1) The acres effectively treated by the Department of 
        Agriculture on National Forest System lands to reduce wildfire 
        risk or improve habitat condition--
                    (A) within the wildland urban interface;
                    (B) within backcountry areas (including roadless 
                and wilderness);
                    (C) within a priority watershed area;
                    (D) within an identified wildlife corridor; and
                    (E) for which prescribed fire or wildfire achieved 
                an ecosystem management goal.
            (2) Watershed assessment of the National Forest System, 
        including if watershed conditions have degraded, improved, or 
        been maintained.
            (3) Carbon emissions and sequestration from National Forest 
        System lands.

                  Subtitle B--Tribal Biochar Promotion

SEC. 221. TRIBAL AND ALASKA NATIVE BIOCHAR DEMONSTRATION PROJECT.

    The Tribal Forest Protection Act of 2004 (25 U.S.C. 3115a et seq.) 
is amended as follows:
            (1) In section 2--
                    (A) by striking subsection (a);
                    (B) by redesignating subsections (b) through (g) as 
                subsections (a) through (f), respectively;
                    (C) by striking ``subsection (b)'' each place it 
                appears and inserting ``subsection (a)''; and
                    (D) by striking ``subsection (c)'' each place it 
                appears and inserting ``subsection (b)''.
            (2) By adding at the end the following:

``SEC. 3. TRIBAL AND ALASKA NATIVE BIOCHAR DEMONSTRATION PROJECT.

    ``(a) Stewardship Contracts or Similar Agreements.--For each of 
fiscal years 2021 through 2030, the Secretary shall enter into 
stewardship contracts or similar agreements (excluding direct service 
contracts) with Indian Tribes or Tribal organizations to carry out 
demonstration projects to support the development and commercialization 
of biochar on Indian forest land or rangeland and in nearby communities 
by providing reliable supplies of feedstock from Federal land.
    ``(b) Demonstration Projects.--In each fiscal year for which 
demonstration projects are authorized under this section, not less than 
4 new demonstration projects that meet the eligibility criteria 
described in subsection (c) shall be carried out under contracts or 
agreements described in subsection (a).
    ``(c) Eligibility Criteria.--To be eligible to enter into a 
contract or agreement under this section, an Indian Tribe shall submit 
to the Secretary an application that includes--
            ``(1) 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; and
            ``(2) such other information as the Secretary may require.
    ``(d) Selection.--In evaluating the applications submitted under 
subsection (c), the Secretary shall--
            ``(1) take into consideration whether a proposed project--
                    ``(A) creates new jobs and enhances the economic 
                development of the Indian Tribe;
                    ``(B) demonstrates new and innovative uses of 
                biochar, viable markets for cost effective biochar-
                based products, or ecosystem services of biochar;
                    ``(C) improves the forest health or watersheds of 
                Federal land or Indian forest land or rangeland;
                    ``(D) demonstrates new investments in biochar 
                infrastructure or otherwise promotes the development 
                and commercialization of biochar;
                    ``(E) is located in an area with--
                            ``(i) nearby lands identified as having a 
                        high, very high, or extreme risk of wildfire;
                            ``(ii) availability of sufficient 
                        quantities of feedstock; or
                            ``(iii) a high level of demand for biochar 
                        or other commercial byproducts of biochar; or
                    ``(F) any combination of purposes specified in 
                subparagraphs (A) through (E); and
            ``(2) exclude from consideration any merchantable logs that 
        have been identified by the Secretary for commercial sale.
    ``(e) 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 the 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.
    ``(f) Report.--Not later than 2 years after the date of the 
enactment of this section and every year thereafter, 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.
    ``(g) Incorporation of Management Plans.--To the maximum extent 
practicable, on receipt of a request from an Indian Tribe, the 
Secretary shall incorporate into a contract or agreement with that 
Indian Tribe entered into pursuant to this section, management plans 
(including forest management and integrated resource management plans 
and Indian Trust Asset Management Plans) in effect on the Indian forest 
land or rangeland of that Indian Tribe.
    ``(h) Term.--A contract or agreement entered into under this 
section--
            ``(1) shall be for a term of not more than 10 years; and
            ``(2) may be renewed in accordance with this section for 
        not more than an additional 10 years.

``SEC. 4. DEFINITIONS.

    ``In this Act:
            ``(1) Biochar.--The term `biochar' means carbonized biomass 
        produced by converting feedstock through reductive thermal 
        processing for non-fuel uses.
            ``(2) Federal land.--The term `Federal land' means--
                    ``(A) land of the National Forest System (as 
                defined in section 11(a) of the Forest and Rangeland 
                Renewable Resources Planning Act of 1974 (16 U.S.C. 
                1609(a)) administered by the Secretary of Agriculture, 
                acting through the Chief of the Forest Service; and
                    ``(B) public lands (as defined in section 103 of 
                the Federal Land Policy and Management Act of 1976 (43 
                U.S.C. 1702)), the surface of which is administered by 
                the Secretary of the Interior, acting through the 
                Director of the Bureau of Land Management.
            ``(3) Feedstock.--The term `feedstock' means excess biomass 
        in the form of plant matter or materials that serves as the raw 
        material for the production of biochar.
            ``(4) Indian forest land or rangeland..--The term `Indian 
        forest land or rangeland' means land that--
                    ``(A) is held in trust by, or with a restriction 
                against alienation by, the United States for an Indian 
                Tribe or a member of an Indian Tribe; and
                    ``(B)(i)(I) is Indian forest land (as defined in 
                section 304 of the National Indian Forest Resources 
                Management Act (25 U.S.C. 3103)); or
                    ``(II) has a cover of grasses, brush, or any 
                similar vegetation; or
                    ``(ii) formerly had a forest cover or vegetative 
                cover that is capable of restoration.
            ``(5) Indian tribe.--The term `Indian Tribe' has the 
        meaning given that term in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 5304).
            ``(6) Secretary.--The term `Secretary' means--
                    ``(A) the Secretary of Agriculture, with respect to 
                land under the jurisdiction of the Forest Service; and
                    ``(B) the Secretary of the Interior, with respect 
                to land under the jurisdiction of the Bureau of Land 
                Management.
            ``(7) Tribal organization.--The term `Tribal organization' 
        has the meaning given that term in section 4 of the Indian 
        Self-Determination and Education Assistance Act (25 U.S.C. 
        5304).''.

                        TITLE III--OTHER MATTERS

SEC. 301. REQUIREMENTS RELATING TO CERTAIN FIRE SUPPRESSION COST SHARE 
              AGREEMENTS.

    (a) Establishment of Standard Operating Procedures.--Not later than 
1 year after the date of the enactment of this section, the covered 
Secretaries shall--
            (1) establish standard operating procedures relating to 
        fire suppression cost share agreements established under the 
        Act of May 27, 1955 (42 U.S.C. 1856a) (commonly known as the 
        ``Reciprocal Fire Protection Act''); and
            (2) with respect to each fire suppression cost share 
        agreement in operation on such date--
                    (A) review each such agreement; and
                    (B) modify each agreement as necessary to comply 
                with the standard operating procedures required under 
                paragraph (1).
    (b) Alignment of Fire Suppression Cost Share Agreements With 
Cooperative Fire Protection Agreements.--The standard operating 
procedures required under subsection (a)(1) shall include a requirement 
that each fire suppression cost share agreement be aligned with each of 
the cooperative fire protection agreements applicable to the entity 
subject to such fire suppression cost share agreement.
    (c) Second-Level Review.--The standard operating procedures 
required under subsection (a)(1) shall include--
            (1) a requirement that the covered Secretaries, to the 
        maximum extent practicable, complete reviews, including second-
        level reviews of a fire suppression cost share agreement, as 
        soon as practicable after a wildfire relating to the area 
        covered by such fire suppression cost share agreement is 
        contained; and
            (2) a requirement that in completing such reviews, the 
        covered Secretaries consults with State and local fire 
        suppression organizations.
    (d) Covered Secretaries Defined.--In this section, the term 
``covered Secretaries'' means--
            (1) the Secretary of Agriculture;
            (2) the Secretary of the Interior;
            (3) the Secretary of Homeland Security; and
            (4) the Secretary of Defense.

SEC. 302. INVESTMENT OF CERTAIN FUNDS INTO INTEREST BEARING 
              OBLIGATIONS.

    Section 7 of the Act of June 20, 1958 (16 U.S.C. 579c), is 
amended--
            (1) by striking ``of any improvement, protection, or 
        rehabilitation'' and inserting ``of any assessment, 
        improvement, protection, restoration, or rehabilitation''; and
            (2) by striking ``Provided, That'' and all that follows 
        through the period at the end and inserting: ``Provided, That 
        any monies covered into the Treasury under this section, 
        including all monies that were previously collected by the 
        United States in a forfeiture, judgment, compromise, or 
        settlement, shall be invested by the Secretary of the Treasury 
        in interest bearing obligations of the United States to the 
        extent the amounts are not, in the judgment of the Secretary of 
        the Treasury, required to meet current withdrawals: Provided 
        further, That any interest earned on the amounts, including any 
        interest earned by investment, is hereby appropriated and made 
        available until expended to cover the costs to the United 
        States specified in this section: Provided further, That, for 
        fiscal year 2021 and thereafter, the Secretary shall include in 
        the budget materials submitted to Congress in support of the 
        President's annual budget request (submitted to Congress 
        pursuant to section 1105 of title 31, United States Code) for 
        each fiscal year the proposed use of such amounts with respect 
        to the Forest Service: Provided further, That any portion of 
        the monies received or earned under this section in excess of 
        the amount expended in performing the work necessitated by the 
        action which led to their receipt may be used to cover the 
        other work specified in this section.''.

SEC. 303. STUDY ON CROP LOSSES.

    (a) In General.--Not later than 90 days after the date of the 
enactment of this Act, the Secretary of Agriculture shall submit to the 
agricultural committees a report that includes--
            (1) as of the date of the report, an estimate of--
                    (A) agricultural losses due to adverse weather 
                events that have occurred in calendar year 2022;
                    (B) Emergency Relief Program funds spent for 2020 
                and 2021 losses;
                    (C) Emergency Livestock Relief Program funds spent 
                for 2021 losses;
                    (D) the number of new producers that have purchased 
                Federal crop insurance or coverage under the Noninsured 
                Crop Disaster Assistance Program under section 196 of 
                the Federal Agriculture Improvement and Reform Act of 
                1996 (7 U.S.C. 7333) (including an overview of the 
                coverage levels purchased) as a result of receiving 
                assistance through--
                            (i) the Wildfire and Hurricane Indemnity 
                        Program (WHIP) for losses in 2017; and
                            (ii) the Wildfire and Hurricane Indemnity 
                        Program Plus (WHIP+) for losses in 2018 and 
                        2019; and
                    (E) the number of producers who--
                            (i) newly purchased Federal crop insurance 
                        or coverage under the Noninsured Crop Disaster 
                        Assistance Program under section 196 of the 
                        Federal Agriculture Improvement and Reform Act 
                        of 1996 (7 U.S.C. 7333) as a result of 
                        receiving assistance through--
                                    (I) the Wildfire and Hurricane 
                                Indemnity Program (WHIP) for losses in 
                                2017; and
                                    (II) the Wildfire and Hurricane 
                                Indemnity Program Plus (WHIP+) for 
                                losses in 2018; and
                            (ii) continued purchasing such insurance or 
                        coverage after the two-year requirement 
                        applicable to such producers; and
            (2) with respect to calendar year 2022, the projected 
        agricultural losses due to adverse weather events in calendar 
        year 2022.
    (b) Definitions.--In this section:
            (1) Agricultural committees.--The term ``agricultural 
        committees'' means the Committee on Agriculture of the House of 
        Representatives, the Committee on Agriculture, Nutrition, and 
        Forestry of the Senate, and the subcommittees on Agriculture, 
        Rural Development, Food and Drug Administration, and Related 
        Agencies of the House of Representatives and the Senate.
            (2) Agricultural losses.--The term ``agricultural losses'' 
        means the losses described under the heading ``Department of 
        Agriculture--Agricultural Programs--Processing, Research and 
        Marketing--Office of the Secretary'' in the Extending 
        Government Funding and Delivering Emergency Assistance Act 
        (Public Law 117-43) with respect to calendar year 2022.

SEC. 304. STUDY ON USE OF CH-47 CHINOOKS TO RESPOND TO WILDFIRES.

    Not later 1 year after the date of the enactment of this Act, the 
Secretary of Agriculture, the Secretary of the Interior, and the 
Secretary of Homeland Security shall jointly submit to Congress a 
report--
            (1) on the feasibility and effectiveness of using CH-47 
        Chinooks with firefighting modifications to--
                    (A) respond to wildfires; and
                    (B) perform search and rescue activities; and
            (2) that identifies the governmental organizations 
        (including Federal, State, and local government organizations) 
        that would be most effective with respect to using the aircraft 
        described in paragraph (1) to carry out the activities 
        specified in that paragraph.

                          DIVISION B--DROUGHT

            TITLE I--DROUGHT RESPONSE AND CLIMATE RESILIENCE

SEC. 101. ADVANCING LARGE-SCALE WATER RECYCLING AND REUSE PROJECTS.

    (a) Eligible Project.--Section 40905(c)(4) of the Infrastructure 
Investment and Jobs Act (43 U.S.C. 3205(c)(4)) is amended to read as 
follows:
            ``(4) is--
                    ``(A) constructed, operated, and maintained by an 
                eligible entity; or
                    ``(B) owned by an eligible entity; and''.
    (b) Removal of Termination of Authority; Additional Authorization 
of Appropriations.--Section 40905(k) of the Infrastructure Investment 
and Jobs Act (43 U.S.C. 3205(k)) is amended to read as follows:
    ``(k) Authorization of Appropriations.--In addition to the amounts 
made available under section 40901(4)(B) to carry out this section, 
there is authorized to be appropriated to the Secretary $700,000,000 to 
carry out this section, to remain available until expended.''.
    (c) Applicability.--The amendments made by this section shall apply 
to amounts appropriated on or after the date of the enactment of this 
Act.

SEC. 102. SALTON SEA PROJECTS IMPROVEMENTS.

    Section 1101 of the Reclamation Projects Authorization and 
Adjustment Act of 1992 (Public Law 102-575) is amended--
            (1) by redesignating subsections (b) through (d) as 
        subsections (c) through (e), respectively;
            (2) by inserting after subsection (a) the following:
    ``(b) Additional Project Authorities.--
            ``(1) In general.--The Secretary, acting through the Bureau 
        of Reclamation, may provide grants and enter into contracts and 
        cooperative agreements to carry out projects located in the 
        area of the Salton Sea in Southern California to improve air 
        quality, fish and wildlife habitat, recreational opportunities, 
        and water quality, in partnership with--
                    ``(A) State, Tribal, and local governments;
                    ``(B) water districts;
                    ``(C) joint powers authorities, including the 
                Salton Sea Authority;
                    ``(D) nonprofit organizations; and
                    ``(E) institutions of higher education.
            ``(2) Included activities.--The projects described in 
        paragraph (1) may include--
                    ``(A) construction, operation, maintenance, 
                permitting, and design activities required for such 
                projects; and
                    ``(B) dust suppression projects.''; and
            (3) in subsection (e), as so redesignated, by striking 
        ``$13,000,000'' and inserting ``$250,000,000''.

SEC. 103. NEAR-TERM ACTIONS TO PRESERVE COLORADO RIVER SYSTEM.

    In addition to the amounts otherwise available and consistent with 
contractual arrangements and applicable State and Federal law, there is 
authorized to be appropriated to the Secretary of the Interior 
$500,000,000, for the period of fiscal years 2023 through 2026, to use 
available legal authorities to reduce the near-term likelihood of Lake 
Mead and Lake Powell declining to critically low water elevations.

SEC. 104. WATERSMART ACCESS FOR TRIBES.

    Section 9504(a)(3)(E)(i) of the Omnibus Public Land Management Act 
of 2009 (42 U.S.C. 10364(a)(3)(E)(i)) is amended--
            (1) in subclause (I), by striking ``subclause (II)'' and 
        inserting ``subclauses (II) and (III)''; and
            (2) after subclause (II), by inserting the following:
                                    ``(III) Waiver; reduction.--With 
                                respect to a grant or other agreement 
                                entered into under paragraph (1) 
                                between the Secretary and an Indian 
                                tribe, the Secretary may reduce or 
                                waive the non-Federal share (and 
                                increase the Federal share accordingly) 
                                of the cost of any infrastructure 
                                improvement or activity that is the 
                                subject of that grant or other 
                                agreement if the Secretary determines 
                                that meeting the cost-share requirement 
                                presents a financial hardship for the 
                                Indian tribe.''.

SEC. 105. RECLAMATION WATER SETTLEMENTS FUND.

    Section 10501 of the Omnibus Public Land Management Act of 2009 (43 
U.S.C. 407) is amended--
            (1) in subsection (b)(1), by inserting ``and for fiscal 
        year 2033 and each fiscal year thereafter'' after ``For each of 
        fiscal years 2020 through 2029'';
            (2) in subsection (c)--
                    (A) in paragraph (1)(A), by striking ``for each of 
                fiscal years 2020 through 2034'' and inserting ``for 
                fiscal year 2020 and each fiscal year thereafter''; and
                    (B) in paragraph (3)(C), by striking ``for any 
                authorized use'' and all that follows through the 
                period at the end and inserting ``for any use 
                authorized under paragraph (2).''; and
            (3) by striking subsection (f).

SEC. 106. BUREAU OF RECLAMATION TRIBAL CLEAN WATER ASSISTANCE.

    (a) Rural Water Supply Program Reauthorization.--
            (1) Authorization of appropriations.--Section 109(a) of the 
        Rural Water Supply Act of 2006 (43 U.S.C. 2408(a)) is amended 
        by striking ``2016'' and inserting ``2032''.
            (2) Termination of authority.--Section 110 of the Rural 
        Water Supply Act of 2006 (43 U.S.C. 2409) is amended by 
        striking ``2016'' and inserting ``2032''.
    (b) Bureau of Reclamation Rural Water Supply Program.--
            (1) Definitions.--In this subsection:
                    (A) Indian tribe.--The term ``Indian Tribe'' has 
                the meaning given the term in section 4 of the Indian 
                Self-Determination and Education Assistance Act (25 
                U.S.C. 5304).
                    (B) Reclamation state.--The term ``Reclamation 
                State'' means a State described in the first section of 
                the Act of June 17, 1902 (43 U.S.C. 391; 32 Stat. 388, 
                ch. 1093).
                    (C) Report.--The term ``Report'' means the most 
                recent annual report required to be submitted by the 
                Secretary of Health and Human Services to the President 
                under section 302(g) of the Indian Health Care 
                Improvement Act (25 U.S.C. 1632(g)).
                    (D) Secretary.--The term ``Secretary'' means the 
                Secretary of the Interior, acting through the 
                Commissioner of Reclamation.
                    (E) Tribal land.--The term ``Tribal land'' means--
                            (i) land located within the boundaries of--
                                    (I) an Indian reservation, pueblo, 
                                or rancheria; or
                                    (II) a former reservation within 
                                Oklahoma;
                            (ii) land not located within the boundaries 
                        of an Indian reservation, pueblo, or rancheria, 
                        title to which is held--
                                    (I) in trust by the United States 
                                for the benefit of an Indian Tribe or 
                                an individual Indian;
                                    (II) by an Indian Tribe or an 
                                individual Indian, subject to 
                                restriction against alienation under 
                                laws of the United States; or
                                    (III) by a dependent Indian 
                                community;
                            (iii) land located within a region 
                        established pursuant to section 7(a) of the 
                        Alaska Native Claims Settlement Act (43 U.S.C. 
                        1606(a));
                            (iv) Hawaiian Home Lands (as defined in 
                        section 801 of the Native American Housing 
                        Assistance and Self-Determination Act of 1996 
                        (25 U.S.C. 4221)); or
                            (v) an area or community designated by the 
                        Assistant Secretary of Indian Affairs of the 
                        Department of the Interior that is near, 
                        adjacent, or contiguous to an Indian 
                        reservation where financial assistance and 
                        social service programs are provided to Indians 
                        because of their status as Indians.
            (2) Competitive grant program for tribal clean water access 
        projects.--
                    (A) Establishment.--In accordance with section 103 
                of the Rural Water Supply Act of 2006 (43 U.S.C. 2402), 
                the Secretary shall establish a competitive grant 
                program under which an Indian Tribe shall be eligible 
                to apply for a grant from the Secretary in an amount 
                not to exceed 100 percent of the cost of planning, 
                design, and construction of a project determined by the 
                Secretary to be eligible for funding under subparagraph 
                (B).
                    (B) Eligibility.--To be eligible for a grant under 
                subparagraph (A), a project shall--
                            (i) be carried out in a Reclamation State; 
                        and
                            (ii) as determined by the Secretary--
                                    (I) provide, increase, or enhance 
                                access to safe drinking water for 
                                communities and households on Tribal 
                                land; or
                                    (II) address public health and 
                                safety concerns associated with access 
                                to safe drinking water.
                    (C) Priority.--
                            (i) In general.--In awarding grants under 
                        subparagraph (A), the Secretary, in 
                        consultation with the Director of the Indian 
                        Health Service, shall give priority to projects 
                        that meet one or more of the following 
                        criteria:
                                    (I) Provides potable water supplies 
                                to communities or households on Tribal 
                                land that do not have access to running 
                                water as of the date of the project 
                                application.
                                    (II) Addresses an urgent and 
                                compelling public health or safety 
                                concern relating to access to safe 
                                drinking water for residents on Tribal 
                                land.
                                    (III) Addresses needs identified in 
                                the Report.
                                    (IV) Closer to being completed, or 
                                farther along in planning, design, or 
                                construction, as compared to other 
                                projects being considered for funding.
                                    (V) Takes advantage of the 
                                experience and technical expertise of 
                                the Bureau of Reclamation in the 
                                planning, design, and construction of 
                                rural water projects, particularly with 
                                respect to a project that takes 
                                advantage of economies of scale.
                                    (VI) Takes advantage of local or 
                                regional partnerships that complement 
                                related efforts by Tribal, State, or 
                                Federal agencies to enhance access to 
                                drinking water or water sanitation 
                                services on Tribal land.
                                    (VII) Leverages the resources or 
                                capabilities of other Tribal, State, or 
                                Federal agencies to accelerate 
                                planning, design, and construction.
                                    (VIII) Provides multiple benefits, 
                                including--
                                            (aa) improved water supply 
                                        reliability;
                                            (bb) public health 
                                        improvements;
                                            (cc) ecosystem benefits;
                                            (dd) groundwater management 
                                        and enhancements; and
                                            (ee) water quality 
                                        improvements.
                            (ii) Consultation.--In prioritizing 
                        projects for funding under clause (i), the 
                        Secretary--
                                    (I) shall consult with the Director 
                                of the Indian Health Service; and
                                    (II) may coordinate funding of 
                                projects under this paragraph with the 
                                Director of the Indian Health Service, 
                                the Administrator of the Environmental 
                                Protection Agency, the Secretary of 
                                Agriculture, and the head of any other 
                                Federal agency in any manner that the 
                                Secretary determines would--
                                            (aa) accelerate project 
                                        planning, design, or 
                                        construction; or
                                            (bb) otherwise take 
                                        advantage of the capabilities 
                                        of, and resources potentially 
                                        available from, other Federal 
                                        sources.
            (3) Funding.--
                    (A) In general.--In addition to amounts otherwise 
                available, there is authorized to be appropriated to 
                the Secretary $1,000,000,000 to carry out this 
                subsection, to remain available until expended.
                    (B) Administrative expenses; use of funds.--Of the 
                amounts authorized to be appropriated under 
                subparagraph (A), not more than 2 percent is authorized 
                to be appropriated for--
                            (i) the administration of the rural water 
                        supply program established under section 103 of 
                        the Rural Water Supply Act of 2006 (43 U.S.C. 
                        2402); and
                            (ii) related management and staffing 
                        expenses.
    (c) Funding for Native American Affairs Technical Assistance 
Program of the Bureau of Reclamation.--In addition to amounts otherwise 
available, there is authorized to be appropriated to the Secretary 
$90,000,000 for use, in accordance with section 201 of the Energy and 
Water Development Appropriations Act, 2003 (43 U.S.C. 373d), for the 
Native American Affairs Technical Assistance Program of the Bureau of 
Reclamation, to remain available until expended.

SEC. 107. WHITE MOUNTAIN APACHE TRIBE RURAL WATER SYSTEM.

    (a) Conveyance of Title to Tribe.--Section 307(d)(2)(E) of the 
White Mountain Apache Tribe Water Rights Quantification Act of 2010 
(title III of Public Law 111-291; 124 Stat. 3082; 132 Stat. 1626) is 
amended, in the matter preceding clause (i), by striking ``water 
system--'' and all that follows through the period at the end of clause 
(ii)(II), and inserting ``water system is substantially complete, as 
determined by the Secretary in accordance with subsection (k).''.
    (b) Requirements for Determination of Substantial Completion of the 
WMAT Rural Water System.--Section 307 of the White Mountain Apache 
Tribe Water Rights Quantification Act of 2010 (title III of Public Law 
111-291; 124 Stat. 3080; 132 Stat. 1626) is amended by adding at the 
end the following:
    ``(k) Requirements for Determination of Substantial Completion of 
the WMAT Rural Water System.--The WMAT rural water system shall be 
determined to be substantially complete if--
            ``(1) the infrastructure constructed is capable of storing, 
        diverting, treating, transmitting, and distributing a supply of 
        water as set forth in the final project design described in 
        subsection (c); or
            ``(2) the Secretary--
                    ``(A) expended all of the available funding 
                provided to construct the WMAT rural water system; and
                    ``(B) despite diligent efforts, cannot complete 
                construction as described in the final project design 
                described in subsection (c) due solely to the lack of 
                additional authorized funding.''.
    (c) Enforceability Date.--
            (1) In general.--Section 309(d) of the White Mountain 
        Apache Tribe Water Rights Quantification Act of 2010 (Public 
        Law 111-291; 124 Stat. 3088; 133 Stat. 2669) is amended--
                    (A) in paragraph (1)--
                            (i) by redesignating subparagraphs (D) 
                        through (G) as subparagraphs (E) through (H), 
                        respectively; and
                            (ii) by inserting after subparagraph (C) 
                        the following:
                    ``(D) such amount, up to the amount made available 
                under section 312(e)(2), as the Secretary determines to 
                be necessary to construct the WMAT rural water system 
                that is capable of storing, diverting, treating, 
                transmitting, and distributing a supply of water as set 
                forth in the final project design described in section 
                307(c) has been deposited in the WMAT Cost Overrun 
                Subaccount;''; and
                    (B) in paragraph (2), by striking ``2023'' each 
                place it appears and inserting ``2025''.
            (2) Conforming amendment.--Section 3(b)(2) of the White 
        Mountain Apache Tribe Rural Water System Loan Authorization Act 
        (Public Law 110-390; 122 Stat. 4191; 124 Stat. 3092; 133 Stat. 
        2669) is amended by striking ``beginning on'' and all that 
        follows through the period at the end and inserting ``beginning 
        on May 1, 2025.''.
    (d) Requirement.--Section 310(b) of the White Mountain Apache Tribe 
Water Rights Quantification Act of 2010 (title III of Public Law 111-
291; 124 Stat. 3090) is amended by adding at the end the following:
            ``(3) Expenditures.--If, before the enforceability date 
        under section 309(d), Federal funds are expended to carry out 
        activities identified in subparagraphs (A) or (C) of paragraph 
        (2) in excess of the amounts provided pursuant to the White 
        Mountain Apache Tribe Rural Water System Loan Authorization Act 
        (Public Law 110-390; 122 Stat. 4191), such expenditures shall 
        be accounted for as White Mountain Apache Tribe Water Rights 
        Settlement Subaccount funds.''.
    (e) Cost Indexing.--Section 312(c) of the White Mountain Apache 
Tribe Water Rights Quantification Act of 2010 (title III of Public Law 
111-291; 124 Stat. 3095) is amended to read as follows:
    ``(c) Cost Indexing.--
            ``(1) White mountain apache tribe water rights settlement 
        subaccount.--All amounts made available under subsection (a) 
        shall be adjusted as necessary to reflect the changes made 
        since October 1, 2007, with respect to the construction cost 
        indices applicable to the types of construction involved in the 
        construction of the WMAT rural water system and the maintenance 
        of the WMAT rural water system.
            ``(2) WMAT settlement fund.--All amounts made available 
        under subsection (b)(2) shall be adjusted annually to reflect 
        the changes made since October 1, 2007, with respect to the 
        construction cost indices applicable to the types of 
        construction involved in the construction of the WMAT rural 
        water system and the maintenance of the WMAT rural water 
        system.
            ``(3) WMAT maintenance fund.--All amounts made available 
        under subsection (b)(3) shall be adjusted on deposit to reflect 
        the changes made since October 1, 2007, with respect to the 
        Consumer Price Index for All Urban Consumers West Urban 50,000 
        to 1,500,000 published by the Bureau of Labor Statistics.
            ``(4) WMAT cost overrun subaccount.--Of the amounts made 
        available under subsection (e)(2)--
                    ``(A) $35,000,000 shall be adjusted as necessary to 
                reflect the changes made since October 1, 2007, with 
                respect to the construction cost indices applicable to 
                the types of construction involved in the construction 
                of the WMAT rural water system and the maintenance of 
                the WMAT rural water system; and
                    ``(B) additional funds, in excess of the amount 
                referred to in subparagraph (A), shall be adjusted as 
                necessary to reflect the changes made since April 1, 
                2021, with respect to the construction cost indices 
                applicable to the types of construction involved in the 
                construction of the WMAT rural water system and the 
                maintenance of the WMAT rural water system.
            ``(5) Construction costs adjustment.--The amounts made 
        available under subsections (a), (b)(2), and (e)(2), shall be 
        adjusted to address construction cost changes necessary to 
        account for unforeseen market volatility that may not otherwise 
        be captured by engineering cost indices as determined by the 
        Secretary, including repricing applicable to the types of 
        construction and current industry standards involved.''.
    (f) Funding.--Section 312(e)(2)(B) of the White Mountain Apache 
Tribe Water Rights Quantification Act of 2010 (title III of Public Law 
111-291; 124 Stat. 3095) is amended by striking ``$11,000,000'' and 
inserting ``$541,000,000''.
    (g) Return to Treasury.--
            (1) In general.--Section 312(e)(4)(B) of the White Mountain 
        Apache Tribe Water Rights Quantification Act of 2010 (Public 
        Law 111-291; 124 Stat. 3096) is amended, in the matter 
        preceding clause (i), by striking ``shall be'' and all that 
        follows through ``subsection (b)(2)(C)'' and inserting ``shall 
        be returned to the general fund of the Treasury''.
            (2) Conforming amendment.--Section 312(b)(2) of the White 
        Mountain Apache Tribe Water Rights Quantification Act of 2010 
        (Public Law 111-291; 124 Stat. 3093; 132 Stat. 1626) is amended 
        by striking subparagraph (B) and inserting the following:
                    ``(B) Transfers to fund.--There is authorized to be 
                appropriated to the Secretary for deposit in the WMAT 
                Settlement Fund $78,500,000.''.
    (h) Prohibition.--Section 312(e) of the White Mountain Apache Tribe 
Water Rights Quantification Act of 2010 (title III of Public Law 111-
291; 124 Stat. 3096) is amended by adding at the end the following:
            ``(5) Prohibition.--Notwithstanding any other provision of 
        law, any amounts made available under paragraph (2)(B) shall 
        not be made available from the Indian Water Rights Settlement 
        Completion Fund established by section 70101 of the 
        Infrastructure Investment and Jobs Act (25 U.S.C. 149) or the 
        Reclamation Water Settlements Fund established by section 
        10501(a) of the Omnibus Public Land Management Act of 2009 (43 
        U.S.C. 407(a)) until 2034.''.

SEC. 108. DESALINATION RESEARCH AUTHORIZATION.

    The Water Desalination Act of 1996 (42 U.S.C. 10301 note; Public 
Law 104-298) is amended--
            (1) in section 3(e)--
                    (A) in paragraph (5), by striking ``and'';
                    (B) in paragraph (6), by striking the period at the 
                end and inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(7) to minimize the impacts of seawater desalination on 
        aquatic life and coastal ecosystems, including technologies to 
        monitor and reduce those impacts.''; and
            (2) in section 8(a)--
                    (A) by striking ``$5,000,000 per year for fiscal 
                years 1997 through 2021'' and inserting ``$20,000,000 
                per year for fiscal years 2023 through 2027''; and
                    (B) by striking ``$1,000,000'' and inserting 
                ``$15,000,000''.

SEC. 109. WATER RESOURCES RESEARCH ACT AMENDMENTS.

    (a) Authorization of Appropriations.--Section 104(f)(1) of the 
Water Resources Research Act of 1984 (42 U.S.C. 10303(f)(1)) is amended 
by striking ``$12,000,000 for each of fiscal years 2022 through 2025'' 
and inserting ``$14,000,000 for each of fiscal years 2023 through 
2032''.
    (b) Additional Appropriations Where Research Focused on Water 
Problems of Interstate Nature.--Section 104(g)(1) of the Water 
Resources Research Act of 1984 (42 U.S.C. 10303(g)(1)) is amended by 
striking ``$3,000,000 for each of fiscal years 2022 through 2025'' and 
inserting ``$4,000,000 for each of fiscal years 2023 through 2032''.
    (c) Grants.--Section 104(c) of the Water Resources Research Act of 
1984 (42 U.S.C. 10303(c)) is amended by--
            (1) redesignating paragraph (2) as paragraph (4); and
            (2) inserting after paragraph (1) the following:
            ``(2) Allocation.--From the sums appropriated, the 
        Secretary shall allocate a minimum of--
                    ``(A) 80 percent of the sums to base grants 
                consistent with subsection (f)(1); and
                    ``(B) 20 percent of the sums to research focused on 
                water problems of interstate nature consistent with 
                subsection (g)(1).
            ``(3) Additional special projects.--Any sums Congress 
        delineates for specific topics and water priorities shall fall 
        under subsection (g)(1). All sums under subsection (g)(1), 
        including congressionally delineated sums for specific topics 
        and water priorities, shall not exceed 20 percent of the sums 
        appropriated for the Water Resources Research Act program.''.

SEC. 110. SALINE LAKE ECOSYSTEMS IN THE GREAT BASIN STATES ASSESSMENT 
              AND MONITORING PROGRAM.

    (a) Definitions.--In this section:
            (1) Program.--The term ``Program'' means the Saline Lake 
        Ecosystems in the Great Basin States Assessment and Monitoring 
        Program established under subsection (b).
            (2) Coordinating entities.--The term ``coordinating 
        entities'' includes--
                    (A) Federal, State, Tribal, and local agencies;
                    (B) institutions of higher education;
                    (C) nonprofit organizations; and
                    (D) local stakeholders.
            (3) Saline lake ecosystems.--The term ``saline lake 
        ecosystems'' means the ecosystems associated with the following 
        lakes:
                    (A) Lake Abert in Oregon.
                    (B) Eagle Lake in California.
                    (C) Franklin Lake in Nevada.
                    (D) Goose Lake in California and Oregon.
                    (E) Great Salt Lake in Utah.
                    (F) Harney Lake in Oregon.
                    (G) Honey Lake in California.
                    (H) Lahontan Valley wetlands, including Carson 
                Lake, Carson Sink, and Stillwater Marsh in Nevada.
                    (I) Malheur Lake in Oregon.
                    (J) Mono Lake in California.
                    (K) Owens Lake in California.
                    (L) Pyramid Lake in Nevada.
                    (M) Ruby Lake in Nevada.
                    (N) Sevier Lake in Utah.
                    (O) Silver Lake in Oregon.
                    (P) Summer Lake in Oregon.
                    (Q) Walker Lake in Nevada.
                    (R) Warner Lake in Oregon.
                    (S) Winnemucca Lake in Nevada.
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior, acting through the Director of the United 
        States Geological Survey.
            (5) Work and implementation plan.--The term ``work and 
        implementation plan'' means the multiyear work and 
        implementation plan established under subsection (c)(1).
    (b) Establishment.--The Secretary shall establish a program to be 
known as the ``Saline Lake Ecosystems in the Great Basin States 
Assessment and Monitoring Program'' to--
            (1) assess and monitor the hydrology of saline lake 
        ecosystems and the migratory birds and other wildlife that 
        depend on saline lake ecosystems; and
            (2) inform and support coordinated management and 
        conservation actions to benefit saline lake ecosystems, 
        migratory birds, and other wildlife.
    (c) Work and Implementation Plan.--
            (1) In general.--In carrying out the Program, the 
        Secretary, in coordination with the Director of the United 
        States Fish and Wildlife Service and coordinating entities, 
        shall establish a multiyear work and implementation plan to 
        assess, monitor, and conserve saline lake ecosystems and 
        migratory birds and other wildlife that depend on saline lake 
        ecosystems.
            (2) Inclusions.--The work and implementation plan shall 
        include--
                    (A) a synthesis of available information, 
                literature, and data, and an assessment of scientific 
                and informational needs, relating to saline lake 
                ecosystems with respect to--
                            (i) water quantity, water quality, water 
                        use, and water demand;
                            (ii) migratory bird and other wildlife 
                        populations, habitats, and ecology;
                            (iii) annual lifecycle needs of migratory 
                        birds; and
                            (iv) environmental changes and other 
                        stressors, including climatic stressors;
                    (B) a description of how the work and 
                implementation plan will address the scientific and 
                informational needs described in subparagraph (A), 
                including monitoring activities, data infrastructure 
                needs, and development of tools necessary to implement 
                the Program;
                    (C) recommendations and a cost assessment for the 
                work and implementation plan; and
                    (D) other matters, as determined necessary by the 
                Secretary.
            (3) Report.--Not later than 1 year after the date of the 
        enactment of this Act, the Secretary shall submit to Congress a 
        report describing the work and implementation plan.
    (d) Implementation.--The Secretary shall implement the Program 
based on the information, findings, and recommendations contained in 
the work and implementation plan.
    (e) Cooperative Agreements and Grants.--The Secretary may use funds 
made available pursuant to subsection (g) to enter into cooperative 
funding agreements with, or provide grants to, coordinating entities 
for the purposes of--
            (1) participating in developing, or providing information 
        to inform the development of, the work and implementation plan;
            (2) carrying out assessments and monitoring of water 
        quality, quantity, use, and demand under the Program; and
            (3) carrying out ecological, biological, and avian 
        assessments and monitoring under the Program.
    (f) Effect.--The work and implementation plan shall not affect--
            (1) any interstate water compacts in existence on the date 
        of the enactment of this Act, including full development of any 
        apportionment made in accordance with those compacts;
            (2) valid and existing water rights in any State located 
        wholly or partially within the Great Basin;
            (3) water rights held by the United States in the Great 
        Basin; or
            (4) the management and operation of Bear Lake or Stewart 
        Dam, including the storage, management, and release of water.
    (g) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary $5,000,000 for each of fiscal years 2023 
through 2027 to carry out the Program.
    (h) Priority.--In carrying out the Program, the Secretary shall 
give priority to the following saline lake ecosystems:
            (1) Lake Abert in Oregon.
            (2) Great Salt Lake in Utah.
            (3) Lahontan Valley Wetlands, including Carson Sink, Carson 
        Lake, and Stillwater Marsh in Nevada.
            (4) Ruby Lake in Nevada.
            (5) Walker Lake in Nevada.
            (6) Mono Lake in California.
            (7) Owens Lake in California.
            (8) Summer Lake in Oregon.

SEC. 111. EXTENSION OF AUTHORIZATIONS RELATED TO FISH RECOVERY 
              PROGRAMS.

    Section 3 of Public Law 106-392 (114 Stat. 1603) is amended--
            (1) by striking ``2023'' each place it appears and 
        inserting ``2024'';
            (2) in subsection (b)(1), by striking ``$179,000,000'' and 
        inserting ``$184,000,000'';
            (3) in subsection (b)(2), by striking ``$30,000,000'' and 
        inserting ``$25,000,000'';
            (4) in subsection (h), by striking ``, at least 1 year 
        prior to such expiration,''; and
            (5) in subsection (j), by striking ``2021'' each place it 
        appears and inserting ``2022''.

SEC. 112. RECLAMATION CLIMATE CHANGE AND WATER PROGRAM.

    Section 9503(f) of the Omnibus Public Land Management Act of 2009 
(42 U.S.C. 10363(f)) is amended by striking ``2023'' and inserting 
``2033''.

SEC. 113. AUTHORIZATION OF APPROPRIATIONS FOR THE LAS VEGAS WASH 
              PROGRAM.

    Section 529(b)(3) of the Water Resources Development Act of 2000 
(114 Stat. 2658; 119 Stat. 2255; 125 Stat. 865) is amended by striking 
``$30,000,000'' and inserting ``$55,000,000''.

SEC. 114. TERMINAL LAKES ASSISTANCE.

    Section 2507(f) of the Farm Security and Rural Investment Act of 
2002 (16 U.S.C. 3839bb-6(f)) is amended by striking ``2023'' and 
inserting ``2025''.

SEC. 115. EXPEDITED MEASURES FOR DROUGHT RESPONSE.

    (a) Expedited Program Implementation.--Section 40905(h) of the 
Infrastructure Investment and Jobs Act (43 U.S.C. 3205(h); 135 Stat. 
1124) is amended by striking ``Not later than 1 year after the date of 
enactment of this Act'' and inserting ``Not later than August 31, 
2022''.
    (b) Establishment of Program.--Section 40907(b) of the 
Infrastructure Investment and Jobs Act (43 U.S.C. 3207(b); 135 Stat. 
1125) is amended by striking ``Not later than 1 year after the date of 
enactment of this Act'' and inserting ``Not later than August 31, 
2022''.

SEC. 116. WATER EFFICIENCY, CONSERVATION, AND SUSTAINABILITY.

    (a) Definitions.--In this section:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Environmental Protection Agency.
            (2) Eligible entity.--The term ``eligible entity'' means 
        any of the following:
                    (A) A State, local, or Tribal government, or any 
                special-purpose unit of such a government (including a 
                municipal water authority).
                    (B) A public water system.
                    (C) A nonprofit organization.
            (3) Energy star program.--The term ``Energy Star program'' 
        means the Energy Star program established by section 324A of 
        the Energy Policy and Conservation Act (42 U.S.C. 6294a).
            (4) Low-income household.--The term ``low-income 
        household'' means a household that meets the income 
        qualifications established under--
                    (A) section 2605(b)(2) of the Low-Income Home 
                Energy Assistance Act of 1981 (42 U.S.C. 8624(b)(2)); 
                or
                    (B) the Low-Income Household Drinking Water and 
                Wastewater Emergency Assistance Program authorized by 
                section 533 of division H of the Consolidated 
                Appropriations Act, 2021 (Public Law 116-260; 134 Stat. 
                1627).
            (5) Public water system.--The term ``public water system'' 
        has the meaning given the term in section 1401 of the Safe 
        Drinking Water Act (42 U.S.C. 300f).
            (6) Water efficiency incentive program.--The term ``water 
        efficiency incentive program'' means a program for providing 
        incentives, including direct installation services, to 
        residential, commercial, or industrial customers of a public 
        water system for the purchase, lease, installation, use, or 
        implementation, as applicable, of water-efficient upgrades.
            (7) Water-efficient upgrade.--
                    (A) In general.--The term ``water-efficient 
                upgrade'' means a product, landscape, label, process, 
                or service for a residential, commercial, or industrial 
                building, or the landscape of such a building, that 
                is--
                            (i) rated for water efficiency and 
                        performance under the WaterSense program or the 
                        Energy Star program; or
                            (ii) otherwise determined by the 
                        Administrator to improve water-use efficiency.
                    (B) Inclusions.--The term ``water-efficient 
                upgrade'' includes--
                            (i) a faucet;
                            (ii) a showerhead;
                            (iii) a dishwasher;
                            (iv) a toilet;
                            (v) a clothes washer;
                            (vi) an irrigation product or service;
                            (vii) advanced metering infrastructure;
                            (viii) a flow monitoring device;
                            (ix) a landscaping or gardening product, 
                        including moisture control or water-enhancing 
                        technology;
                            (x) xeriscaping, turf removal, or another 
                        landscape conversion that reduces water use 
                        (except for the installation of artificial 
                        turf); and
                            (xi) any other product, landscape, process, 
                        or service--
                                    (I) certified pursuant to the 
                                WaterSense program; or
                                    (II) otherwise determined by the 
                                Administrator to reduce water use or 
                                water loss, including products rated 
                                for water efficiency and performance 
                                under the Energy Star program.
            (8) Water loss control program.--The term ``water loss 
        control program'' means a program to identify and quantify 
        water uses and losses, implement controls to reduce or 
        eliminate losses and leaks, and evaluate the effectiveness of 
        such controls.
            (9) Watersense program.--The term ``WaterSense program'' 
        means the program established by section 324B of the Energy 
        Policy and Conservation Act (42 U.S.C. 6294b).
    (b) Water Efficiency and Conservation Grant Program.--
            (1) In general.--The Administrator shall establish a 
        program to award grants to eligible entities that have 
        established water efficiency incentive programs to carry out 
        those water efficiency incentive programs (referred to in this 
        subsection as the ``grant program'').
            (2) Distribution.--In carrying out the grant program, the 
        Administrator shall award not less than 50 percent of the 
        amounts made available to carry out this subsection in each 
        fiscal year to eligible entities that service an area that--
                    (A) has been designated as D2 (severe drought) or 
                greater according to the United States Drought Monitor 
                for a minimum of 4 weeks during any of the 3 years 
                preceding the date of the grant award; or
                    (B) is within a county for which a drought 
                emergency has been declared by the applicable Governor 
                at any time during the 3-year period preceding the date 
                of the grant award.
            (3) Grant amount.--
                    (A) In general.--Subject to subparagraph (B), a 
                grant awarded under the grant program shall be in an 
                amount that is not less than $250,000.
                    (B) Small public water systems.--The Administrator 
                may award a grant in an amount that is less than 
                $250,000 if the grant is awarded to, or for the benefit 
                of, a public water system that serves fewer than 10,000 
                customers.
            (4) Use of funds.--An eligible entity receiving a grant 
        under the grant program shall--
                    (A) use grant funds to carry out a water efficiency 
                incentive program for customers of a public water 
                system; or
                    (B) provide grant funds to another eligible entity 
                to carry out a water efficiency incentive program 
                described in subparagraph (A).
            (5) Minimum requirement.--An eligible entity receiving a 
        grant under the grant program shall use not less than 40 
        percent of the amount of the grant to provide water-efficient 
        upgrades to low-income households.
            (6) Cost share.--
                    (A) In general.--Subject to subparagraph (B), the 
                Federal share of the cost of carrying out a water 
                efficiency incentive program using a grant awarded 
                under the grant program shall not exceed 80 percent.
                    (B) Waiver.--The Administrator may increase the 
                Federal share under subparagraph (A) to 100 percent if 
                the Administrator determines that an eligible entity is 
                unable to pay, or would experience significant 
                financial hardship if required to pay, the non-Federal 
                share.
            (7) Supplement, not supplant.--Amounts provided under a 
        grant under the grant program shall be used to supplement, and 
        not supplant, other Federal, State, local, or Tribal funds made 
        available to carry out water efficiency incentive programs.
            (8) Authorization of appropriations.--
                    (A) In general.--There is authorized to be 
                appropriated to carry out this subsection $50,000,000 
                for each of fiscal years 2023 through 2028.
                    (B) Administrative costs.--Of the amounts 
                authorized to be appropriated under subparagraph (A) 
                each fiscal year, not more than 4 percent is authorized 
                to pay the administrative costs of the Administrator.
    (c) Sustainable Water Loss Control Program.--
            (1) Technical assistance and grant program.--The 
        Administrator shall establish and carry out a program (referred 
        to in this subsection as the ``program'')--
                    (A) to make grants and provide technical assistance 
                to eligible entities to perform annual audits of public 
                water systems that are--
                            (i) conducted in accordance with the 
                        procedures contained in the manual published by 
                        the American Water Works Association entitled 
                        ``M36 Water Audits and Loss Control Programs, 
                        Fourth Edition'' (or any successor manual 
                        determined appropriate by the Administrator); 
                        and
                            (ii) validated under such criteria as may 
                        be specified by the Administrator; and
                    (B) to make grants and provide technical assistance 
                to eligible entities--
                            (i) to implement controls to address real 
                        water losses, apparent water losses, or a 
                        combination of real and apparent water losses 
                        that are identified in an audit conducted and 
                        validated in accordance with the procedures and 
                        criteria described in subparagraph (A); and
                            (ii) to help public water systems that have 
                        conducted and validated such an audit establish 
                        water loss control programs.
            (2) Criteria.--In selecting eligible entities to receive 
        grants and technical assistance under the program, the 
        Administrator shall consider--
                    (A) whether the public water system that would be 
                served by the grants or technical assistance serves a 
                disadvantaged community (as defined in section 
                1452(d)(3) of the Safe Drinking Water Act (42 U.S.C. 
                300j-12(d)(3))); and
                    (B) the ability of the public water system that 
                would be served by the grants or technical assistance, 
                on completion of an audit conducted and validated in 
                accordance with the procedures and criteria described 
                in paragraph (1)(A)--
                            (i) to successfully sustain a water loss 
                        control program; and
                            (ii) to demonstrate that the water loss 
                        control program will reduce real water losses, 
                        apparent water losses, or a combination of real 
                        and apparent water losses from the public water 
                        system.
            (3) Annual water savings.--The Administrator shall--
                    (A) annually compile, by Environmental Protection 
                Agency region, information on the amount of water 
                savings achieved pursuant to this subsection; and
                    (B) publish on the website of the Administrator the 
                information compiled under subparagraph (A).
            (4) Authorization of appropriations.--
                    (A) In general.--There is authorized to be 
                appropriated to carry out this subsection $40,000,000 
                for each of fiscal years 2023 through 2028, of which--
                            (i) $20,000,000 each fiscal year is 
                        authorized to be appropriated to carry out 
                        paragraph (1)(A); and
                            (ii) $20,000,000 each fiscal year is 
                        authorized to be appropriated to carry out 
                        paragraph (1)(B).
                    (B) Administrative costs.--Of the amounts 
                authorized to be appropriated under subparagraph (A) 
                for grants under the program each fiscal year, not more 
                than 4 percent is authorized to be appropriated for the 
                administrative costs of making such grants.

SEC. 117. SHORING UP ELECTRICITY GENERATION AND REDUCING EVAPORATION AT 
              BUREAU OF RECLAMATION FACILITIES.

    (a) Assessment.--
            (1) In general.--The Secretary of the Interior shall 
        conduct, in consultation with the Secretary of Energy, an 
        assessment of opportunities to install and maintain 
        photovoltaic solar panels (including floating solar panels) at 
        Bureau of Reclamation facilities.
            (2) Contents.--The assessment conducted under paragraph (1) 
        shall--
                    (A) include a description of the economic, 
                environmental, and technical feasibility of installing 
                and maintaining, or contracting with third parties to 
                install and maintain, photovoltaic solar panels at 
                Bureau of Reclamation facilities;
                    (B) identify Bureau of Reclamation facilities with 
                a high potential for the installation and maintenance 
                of photovoltaic solar panels and whether such 
                installation and maintenance would require additional 
                authorization;
                    (C) account for potential impacts of photovoltaic 
                solar panels at Bureau of Reclamation facilities and 
                the authorized purposes of such facilities, including 
                potential impacts related to evaporation suppression, 
                energy yield, dam safety, recreation, water quality, 
                and fish and wildlife;
                    (D) account for potential damage to floating 
                photovoltaic solar panels from weather, water level 
                fluctuations, recreational co-use and other project 
                uses; and
                    (E) account for the availability of electric grid 
                infrastructure, including underutilized transmission 
                infrastructure.
    (b) Report to Congress.--Not later than 1 year after the date of 
enactment of this Act, the Secretary shall submit to Congress, and make 
publicly available (including on a publicly available website), a 
report containing the results of the assessment conducted under 
subsection (a).

         TITLE II--FUTURE WESTERN WATER AND DROUGHT RESILIENCY

SEC. 201. SHORT TITLE.

    This title may be cited as the ``Furthering Underutilized 
Technologies and Unleashing Responsible Expenditures for Western Water 
and Drought Resiliency Act'' or the ``FUTURE Western Water and Drought 
Resiliency Act''.

SEC. 202. DEFINITIONS.

    In this title:
            (1) Relevant committees of congress.--The term ``relevant 
        committees of Congress'' means--
                    (A) the Committee on Natural Resources of the House 
                of Representatives; and
                    (B) the Committee on Energy and Natural Resources 
                of the Senate.
            (2) Reclamation state.--The term ``Reclamation State'' 
        means a State or territory described in the first section of 
        the Act of June 17, 1902 (32 Stat. 388, chapter 1093; 43 U.S.C. 
        391).
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior, unless otherwise defined in a particular 
        provision.
            (4) Indian tribe.--The term ``Indian Tribe'' has the 
        meaning given the term in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 5304).

Subtitle A--Assistance for Projects With Fastest Construction Timelines

SEC. 211. WATER RECYCLING AND REUSE PROJECTS.

    (a) Short Title.--This section may be cited as the ``Water 
Recycling Investment and Improvement Act''.
    (b) Funding Priority.--Section 1602(f) of the Reclamation 
Wastewater and Groundwater Study and Facilities Act (title XVI of 
Public Law 102-575; 43 U.S.C. 390h et seq.) is amended by striking 
paragraphs (2) and (3) and inserting the following:
            ``(2) Priority.--When funding projects under paragraph (1), 
        the Secretary shall give funding priority to projects that meet 
        one or more of the following criteria:
                    ``(A) Projects that are likely to provide a more 
                reliable water supply for States and local governments.
                    ``(B) Projects that are likely to increase the 
                water management flexibility and reduce impacts on 
                environmental resources from projects operated by 
                Federal and State agencies.
                    ``(C) Projects that are regional in nature.
                    ``(D) Projects with multiple stakeholders.
                    ``(E) Projects that provide multiple benefits, 
                including water supply reliability, eco-system 
                benefits, groundwater management and enhancements, and 
                water quality improvements.''.
    (c) Limitation on Funding.--Section 1631(d) of the Reclamation 
Wastewater and Groundwater Study and Facilities Act (43 U.S.C. 390h-
13(d)) is amended by striking ``$20,000,000 (October 1996 prices)'' and 
inserting ``$50,000,000 (July 2022 prices)''.
    (d) Authorization of Appropriations.--In addition to amounts 
otherwise available, there is authorized to be appropriated 
$600,000,000 to remain available until expended for water recycling and 
reuse projects authorized in accordance with the Reclamation Wastewater 
and Groundwater Study and Facilities Act (43 U.S.C. 390h et seq.) that 
are--
            (1) authorized or approved for construction funding by an 
        Act of Congress; or
            (2) selected for funding under the competitive grant 
        program authorized under section 1602(f) of the Reclamation 
        Wastewater and Groundwater Study and Facilities Act (43 U.S.C. 
        390h(f)), with funding under this section to be provided in 
        accordance with that section, notwithstanding section 4013 of 
        the Water Infrastructure Improvements for the Nation Act (43 
        U.S.C. 390b note; Public Law 114-322), except that section 
        1602(g)(2) of the Reclamation Wastewater and Groundwater Study 
        and Facilities Act (43 U.S.C. 390h(g)(2)) shall not apply to 
        amounts made available under this section.

SEC. 212. DESALINATION PROJECT DEVELOPMENT.

    (a) Short Title.--This section may be cited as the ``Desalination 
Development Act''.
    (b) Desalination Projects Authorization.--Section 4(a) of the Water 
Desalination Act of 1996 (42 U.S.C. 10301 note; Public Law 104-298) is 
amended by striking paragraph (2) and inserting the following:
            ``(2) Projects.--
                    ``(A) Definition of eligible desalination 
                project.--In this paragraph, the term `eligible 
                desalination project' means any project located in a 
                Reclamation State that--
                            ``(i) involves an ocean or brackish water 
                        desalination facility--
                                    ``(I) constructed, operated, and 
                                maintained by a State, Indian Tribe, 
                                irrigation district, water district, or 
                                other organization with water or power 
                                delivery authority; or
                                    ``(II) sponsored or funded by any 
                                State, department of a State, 
                                subdivision of a State, or public 
                                agency organized pursuant to State law, 
                                including--
                                            ``(aa) direct sponsorship 
                                        or funding; or
                                            ``(bb) indirect sponsorship 
                                        or funding, such as by paying 
                                        for the water provided by the 
                                        facility;
                            ``(ii) provides a Federal benefit in 
                        accordance with the reclamation laws; and
                            ``(iii) is consistent with all applicable 
                        State and Federal resource protection laws, 
                        including the protection of marine protected 
                        areas.
                    ``(B) Definition of designated desalination 
                project.--The term `designated desalination project' 
                means an eligible desalination project that--
                            ``(i) is an ocean desalination project that 
                        uses a subsurface intake;
                            ``(ii) has a total estimated cost of 
                        $80,000,000 or less; and
                            ``(iii) is designed to serve a community or 
                        group of communities that collectively import 
                        more than 75 percent of their water supplies.
                    ``(C) Cost-sharing requirement.--
                            ``(i) In general.--Subject to the 
                        requirements of this paragraph, the Federal 
                        share of an eligible desalination project 
                        carried out under this subsection shall be--
                                    ``(I) not more than 25 percent of 
                                the total cost of the eligible 
                                desalination project; or
                                    ``(II) in the case of a designated 
                                desalination project, the applicable 
                                percentage determined in accordance 
                                with clause (ii).
                            ``(ii) Cost-sharing requirement for 
                        construction costs.--In the case of a 
                        designated desalination project carried out 
                        under this subsection, the Federal share of the 
                        cost of construction of the designated 
                        desalination project shall not exceed the 
                        greater of--
                                    ``(I) 35 percent of the total cost 
                                of construction, up to a Federal cost 
                                of $20,000,000; or
                                    ``(II) 25 percent of the total cost 
                                of construction.
                    ``(D) State role.--The Secretary shall not 
                participate in an eligible desalination project under 
                this paragraph unless--
                            ``(i)(I) the eligible desalination project 
                        is included in a State-approved plan; or
                            ``(II) the participation has been requested 
                        by the Governor of the State in which the 
                        eligible desalination project is located; and
                            ``(ii) the State or local sponsor of the 
                        eligible desalination project determines, and 
                        the Secretary concurs, that--
                                    ``(I) the eligible desalination 
                                project--
                                            ``(aa) is technically and 
                                        financially feasible;
                                            ``(bb) provides a Federal 
                                        benefit in accordance with the 
                                        reclamation laws; and
                                            ``(cc) is consistent with 
                                        applicable State laws, State 
                                        regulations, State coastal zone 
                                        management plans, and other 
                                        State plans such as 
                                        California's Water Quality 
                                        Control Plan for the Ocean 
                                        Waters in California;
                                    ``(II) sufficient non-Federal 
                                funding is available to complete the 
                                eligible desalination project; and
                                    ``(III) the eligible desalination 
                                project sponsors are financially 
                                solvent; and
                            ``(iii) the Secretary submits to Congress a 
                        written notification of the determinations 
                        under clause (ii) by not later than 30 days 
                        after the date of the determinations.
                    ``(E) Environmental laws.--In participating in an 
                eligible desalination project under this paragraph, the 
                Secretary shall comply with all applicable 
                environmental laws, including the National 
                Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
                seq.) and State laws implementing the Coastal Zone 
                Management Act.
                    ``(F) Information.--In participating in an eligible 
                desalination project under this subsection, the 
                Secretary--
                            ``(i) may rely on reports prepared by the 
                        sponsor of the eligible desalination project, 
                        including feasibility or equivalent studies, 
                        environmental analyses, and other pertinent 
                        reports and analyses; but
                            ``(ii) shall retain responsibility for 
                        making the independent determinations described 
                        in subparagraph (D).
                    ``(G) Funding.--
                            ``(i) Authorization of appropriations.--
                        There is authorized to be appropriated to carry 
                        out this paragraph $260,000,000 for the period 
                        of fiscal years 2023 through 2027.
                            ``(ii) Congressional approval initially 
                        required.--
                                    ``(I) In general.--Each initial 
                                award under this paragraph for design 
                                and study or for construction of an 
                                eligible desalination project shall be 
                                approved by an Act of Congress.
                                    ``(II) Reclamation 
                                recommendations.--The Commissioner of 
                                Reclamation shall submit 
                                recommendations regarding the initial 
                                award of preconstruction and 
                                construction funding for consideration 
                                under subclause (I) to--
                                            ``(aa) the Committee on 
                                        Appropriations of the Senate;
                                            ``(bb) the Committee on 
                                        Energy and Natural Resources of 
                                        the Senate;
                                            ``(cc) the Committee on 
                                        Appropriations of the House of 
                                        Representatives; and
                                            ``(dd) the Committee on 
                                        Natural Resources of the House 
                                        of Representatives.
                            ``(iii) Subsequent funding awards.--After 
                        approval by Congress of an initial award of 
                        preconstruction or construction funding for an 
                        eligible desalination project under clause 
                        (ii), the Commissioner of Reclamation may award 
                        additional preconstruction or construction 
                        funding, respectively, for the eligible 
                        desalination project without further 
                        congressional approval.''.
    (c) Prioritization for Projects.--Section 4 of the Water 
Desalination Act of 1996 (42 U.S.C. 10301 note; Public Law 104-298) is 
amended by striking subsection (c) and inserting the following:
    ``(c) Prioritization.--In carrying out demonstration and 
development activities under this section, the Secretary and the 
Commissioner of Reclamation shall each prioritize projects--
            ``(1) for the benefit of drought-stricken States and 
        communities;
            ``(2) for the benefit of States that have authorized 
        funding for research and development of desalination 
        technologies and projects;
            ``(3) that demonstrably reduce a reliance on imported water 
        supplies that have an impact on species listed under the 
        Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.);
            ``(4) that, in a measurable and verifiable manner, reduce a 
        reliance on imported water supplies from imperiled ecosystems 
        such as the Sacramento-San Joaquin River Delta;
            ``(5) that demonstrably leverage the experience of 
        international partners with considerable expertise in 
        desalination, such as the State of Israel;
            ``(6) that maximize use of renewable energy to power 
        desalination facilities;
            ``(7) that maximize energy efficiency so that the lifecycle 
        energy demands of desalination are minimized;
            ``(8) located in regions that have employed strategies to 
        increase water conservation and the capture and recycling of 
        wastewater and stormwater; and
            ``(9) that meet the following criteria, if they are ocean 
        desalination facilities--
                    ``(A) use a subsurface intake or, if a subsurface 
                intake is not technologically feasible, an intake that 
                uses the best available site, design, technology, and 
                mitigation measures to minimize the mortality of all 
                forms of marine life and impacts to coastal dependent 
                resources;
                    ``(B) are sited and designed to ensure that the 
                disposal of wastewaters including brine from the 
                desalination process--
                            ``(i) are not discharged to impaired bodies 
                        of water or State or Federal Marine Protected 
                        Areas; and
                            ``(ii) achieve ambient salinity levels 
                        within a reasonable distance from the discharge 
                        point;
                    ``(C) are sited, designed, and operated in a manner 
                that maintains indigenous marine life and a healthy and 
                diverse marine community;
                    ``(D) do not cause significant unmitigated harm to 
                aquatic life; and
                    ``(E) include a construction and operation plan 
                designed to minimize loss of coastal habitat and 
                aesthetic, noise, and air quality impacts.''.
    (d) Recommendations to Congress.--In determining project 
recommendations to Congress under section 4(a)(2)(G)(ii)(II) of the 
Water Desalination Act of 1996, the Commissioner of Reclamation shall 
establish a priority scoring system that assigns priority scores to 
each project evaluated based on the prioritization criteria of section 
4(c) of the Water Desalination Act of 1996 (42 U.S.C. 10301 note; 
Public Law 104-298).

SEC. 213. ASSISTANCE FOR DISADVANTAGED COMMUNITIES WITHOUT ADEQUATE 
              DRINKING WATER.

    (a) In General.--The Secretary shall provide grants within the 
Reclamation States to assist eligible applicants in planning, 
designing, or carrying out projects to help disadvantaged communities 
address a significant decline in the quantity or quality of drinking 
water.
    (b) Eligible Applicants.--To be eligible to receive a grant under 
this section, an applicant shall submit an application to the Secretary 
that includes a proposal of the project or activity in subsection (c) 
to be planned, designed, constructed, or implemented, the service area 
of which--
            (1) is not located in a city or town with a population of 
        more than 60,000 residents; and
            (2) has a median household income of less than 100 percent 
        of the nonmetropolitan median household income of the State.
    (c) Eligible Projects.--Projects eligible for grants under this 
program may be used for--
            (1) emergency water supplies;
            (2) distributed treatment facilities;
            (3) construction of new wells and connections to existing 
        water source systems;
            (4) water distribution facilities;
            (5) connection fees to existing systems;
            (6) assistance to households to connect to water 
        facilities;
            (7) local resource sharing, including voluntary agreements 
        between water systems to jointly contract for services or 
        equipment, or to study or implement the physical consolidation 
        of two or more water systems;
            (8) technical assistance, planning, and design for any of 
        the activities described in paragraphs (1) through (7); or
            (9) any combination of activities described in paragraphs 
        (1) through (8).
    (d) Prioritization.--In determining priorities for funding 
projects, the Secretary shall take into consideration--
            (1) where the decline in the quantity or quality of water 
        poses the greatest threat to public health and safety;
            (2) the degree to which the project provides a long-term 
        solution to the water needs of the community; and
            (3) whether the applicant has the ability to qualify for 
        alternative funding sources.
    (e) Maximum Amount.--The amount of a grant provided under this 
section may be up to 100 percent of costs, including--
            (1) initial operation costs incurred for startup and 
        testing of project facilities;
            (2) costs of components to ensure such facilities and 
        components are properly operational; and
            (3) costs of operation or maintenance incurred subsequent 
        to placing the facilities or components into service.
    (f) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $100,000,000, to remain 
available until expended.
    (g) Coordination Required.--In carrying out this section, the 
Secretary shall consult with the Secretary of Agriculture and the 
Administrator of the Environmental Protection Agency to identify 
opportunities to improve the efficiency, effectiveness, and impact of 
activities carried out under this section to help disadvantaged 
communities address a significant decline in the quantity or quality of 
drinking water.

             Subtitle B--Improved Water Technology and Data

SEC. 221. X-PRIZE FOR WATER TECHNOLOGY BREAKTHROUGHS.

    (a) Definitions.--In this section:
            (1) Board.--The term ``board'' means the board established 
        under subsection (c).
            (2) Eligible person.--The term ``eligible person'' means--
                    (A) an individual who is--
                            (i) a citizen or legal resident of the 
                        United States; or
                            (ii) a member of a group that includes 
                        citizens or legal residents of the United 
                        States;
                    (B) an entity that is incorporated and maintains 
                its primary place of business in the United States; or
                    (C) a public water agency.
            (3) Financial award competition.--The term ``financial 
        award competition'' means the award competition under 
        subsection (d)(1).
            (4) Program.--The term ``program'' means the program 
        established under subsection (b).
    (b) Water Technology Award Program Established.--The Secretary, 
working through the Bureau of Reclamation, and in coordination with the 
Secretary of Energy, shall establish a program to award prizes to 
eligible persons for achievement in one or more of the following 
applications of water technology:
            (1) Demonstration of wastewater and industrial process 
        water purification for reuse or desalination of brackish water 
        or seawater with significantly less energy than current 
        municipally and commercially adopted technologies.
            (2) Demonstration of portable or modular desalination units 
        that can process 1 to 5,000,000 gallons per day that could be 
        deployed for temporary emergency uses in coastal communities or 
        communities with brackish groundwater supplies.
            (3) Demonstration of significant advantages over current 
        municipally and commercially adopted reverse osmosis 
        technologies as determined by the board established under 
        subsection (c).
            (4) Demonstration of significant improvements in the 
        recovery of residual or waste energy from the desalination 
        process.
            (5) Reducing open water evaporation.
    (c) Establishment of Board.--
            (1) In general.--The Secretary shall establish a board to 
        administer the program.
            (2) Membership.--The board shall be composed of not less 
        than 15 and not more than 21 members appointed by the 
        Secretary, of whom not less than 2 shall--
                    (A) be a representative of the interests of public 
                water districts or other public organizations with 
                water delivery authority;
                    (B) be a representative of the interests of 
                academic organizations with expertise in the field of 
                water technology, including desalination or water 
                reuse;
                    (C) be representative of a non-profit conservation 
                organization;
                    (D) have expertise in administering award 
                competitions; and
                    (E) be a representative of the Bureau of 
                Reclamation of the Department of the Interior with 
                expertise in the deployment of desalination or water 
                reuse.
    (d) Awards.--Subject to the availability of appropriations, the 
board may make the following awards:
            (1) Financial prize.--A financial award given through a 
        competition in an amount determined before the commencement of 
        the competition to the first competitor to meet such criteria 
        as the board shall establish.
            (2) Recognition prize.--A non-monetary award, through which 
        the board recognizes an eligible person for superlative 
        achievement in 1 or more applications described in subsection 
        (a). An award under this paragraph shall not include any 
        financial remuneration.
    (e) Administration.--
            (1) Contracting.--The board may contract with a private 
        organization to administer a financial award competition 
        described in subsection (d)(1).
            (2) Solicitation of funds.--A member of the board or any 
        administering organization with which the board has a contract 
        under paragraph (1) may solicit gifts from private and public 
        entities to be used for a financial award competition.
            (3) Limitation on participation of donors.--The board may 
        allow a donor who is a private person described in paragraph 
        (2) to participate in the determination of criteria for an 
        award under subsection (d), but such donor may not solely 
        determine the criteria for such award.
            (4) No advantage for donation.--A donor who is a private 
        person described in paragraph (3) shall not be entitled to any 
        special consideration or advantage with respect to 
        participation in a financial award competition.
    (f) Intellectual Property.--The Federal Government may not acquire 
an intellectual property right in any product or idea by virtue of the 
submission of such product or idea in the financial award competition.
    (g) Liability.--The board may require a competitor in a financial 
award competition to waive liability against the Federal Government for 
injuries and damages that result from participation in such 
competition.
    (h) Annual Report.--Each year, the board shall submit to the 
relevant committees of Congress a report on the program.
    (i) Authorization of Appropriations.--There are authorized to be 
appropriated sums for the program as follows:
            (1) For administration of the awards under subsection (d), 
        $750,000 for each fiscal year through fiscal year 2027, to 
        remain available until expended.
            (2) For the financial prize award under subsection (d)(1), 
        in addition to any amounts received under subsection (e)(2), 
        $5,000,000 for each fiscal year through fiscal year 2027, to 
        remain available until expended.

SEC. 222. WATER TECHNOLOGY INVESTMENT PROGRAM ESTABLISHED.

    (a) In General.--The Secretary, acting through the Bureau of 
Reclamation, shall establish a program, pursuant to the Reclamation 
Wastewater and Groundwater Study and Facilities Act (Public Law 102-
575, title XVI), the Water Desalination Act of 1996 (Public Law 104-
298), and other applicable laws, to promote the expanded use of 
technology for improving availability and resiliency of water supplies 
and power deliveries, which shall include investments to enable 
expanded and accelerated--
            (1) deployment of desalination technology; and
            (2) use of recycled water.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated $5,000,000 for each fiscal year through fiscal year 2027 
for the Secretary to carry out the purposes and provisions of this 
section.

SEC. 223. FEDERAL PRIORITY STREAMGAGES.

    (a) Federal Priority Streamgages.--The Secretary shall make every 
reasonable effort to make operational all streamgages identified as 
Federal Priority Streamgages by the United States Geological Survey not 
later than 10 years after the date of the enactment of this Act.
    (b) Collaboration With States.--The Secretary shall, to the maximum 
extent practicable, seek to leverage Federal investments in Federal 
Priority Streamgages through collaborative partnerships with States and 
local agencies that invest non-Federal funds to maintain and enhance 
streamgage networks to improve both environmental quality and water 
supply reliability.
    (c) Authorization of Appropriations.--In addition to amounts 
otherwise available, there is authorized to be appropriated 
$150,000,000 to the Secretary to carry out this section, to remain 
available until expended.

      Subtitle C--Drought Response and Preparedness for Ecosystems

SEC. 231. AQUATIC ECOSYSTEM RESTORATION PROGRAM.

    In addition to amounts otherwise available, there is authorized to 
be appropriated $150,000,000 to remain available until expended for 
design, study, and construction of aquatic ecosystem restoration and 
protection projects in accordance with section 1109 of division FF of 
the Consolidated Appropriations Act, 2021 (Public Law 116-260).

SEC. 232. WATERSHED HEALTH PROGRAM.

    In addition to amounts otherwise available, there is authorized to 
be appropriated $200,000,000 to carry out section 40907 of the 
Infrastructure Investment and Jobs Act (43 U.S.C. 3207), to remain 
available until expended.

SEC. 233. WATERBIRD HABITAT CREATION PROGRAM.

    (a) Authorization of Habitat Creation Program.--The Secretary shall 
establish a program to incentivize farmers to keep fields flooded 
during appropriate time periods for the purposes of waterbird habitat 
creation and maintenance, including waterfowl and shorebird habitat 
creation and maintenance, provided that--
            (1) such incentives may not exceed $3,500,000 annually, 
        either directly or through credits against other contractual 
        payment obligations;
            (2) the holder of a water contract receiving payments under 
        this section pass such payments through to farmers 
        participating in the program, less reasonable contractor costs, 
        if any; and
            (3) the Secretary determines that habitat creation 
        activities receiving financial support under this section will 
        create new habitat that is not likely to be created without the 
        financial incentives provided under this section.
    (b) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary $3,500,000 for each fiscal year through 
fiscal year 2027 to carry out this section, to remain available until 
expended.
    (c) Report.--Not later than October 1, 2023, and every 2 years 
thereafter, the Secretary shall submit to Congress a report summarizing 
the environmental performance of activities that are receiving, or have 
received, assistance under the program authorized by this section.

SEC. 234. SUPPORT FOR REFUGE WATER DELIVERIES.

    (a) Report on Historic Refuge Water Deliveries.--Not later than 90 
days after the date of the enactment of this Act, the Secretary shall 
submit to the relevant committees of Congress and make publicly 
available a report that describes the following:
            (1) Compliance with section 3406(d)(1) and section 
        3406(d)(2) of the Central Valley Project Improvement Act (title 
        XXXIV of Public Law 102-575) in each of years 1992 through 
        2018, including an indication of the amount of water identified 
        as the Level 2 amount and incremental Level 4 amount for each 
        wetland area.
            (2) The difference between the mandated quantity of water 
        to be delivered to each wetland habitat area described in 
        section 3406(d)(2) and the actual quantity of water delivered 
        since October 30, 1992, including a listing of every year in 
        which the full delivery of water to wetland habitat areas was 
        achieved in accordance with Level 4 of the ``Dependable Water 
        Supply Needs'' table, described in section 3406(d)(2) of the 
        Central Valley Project Improvement Act (title XXXIV of Public 
        Law 102-575).
            (3) Which of the authorities granted to the Secretary under 
        Public Law 102-575 to achieve the full Level 4 deliveries of 
        water to wetland habitat areas was employed in achieving the 
        increment of water delivery above the Level 2 amount for each 
        wetland habitat area, including whether water conservation, 
        conjunctive use, water purchases, water leases, donations, 
        water banking, or other authorized activities have been used 
        and the extent to which such authorities have been used.
            (4) An assessment of the degree to which the elimination of 
        water transaction fees for the donation of water rights to 
        wildlife refuges would help advance the goals of the Central 
        Valley Project Improvement Act (title XXXIV of Public Law 102-
        575).
    (b) Priority Construction List.--The Secretary shall establish, 
through a public process and in consultation with the Interagency 
Refuge Water Management Team, a priority list for the completion of the 
conveyance construction projects at the wildlife habitat areas 
described in section 3406(d)(2) of the Central Valley Project 
Improvement Act (title XXXIV of Public Law 102-575), including the 
Mendota Wildlife Area, Pixley National Wildlife Refuge and Sutter 
National Wildlife Refuge.
    (c) Ecological Monitoring and Evaluation Program.--Not later than 1 
year after the date of the enactment of this Act, the Secretary, acting 
through the Director of the United States Fish and Wildlife Service, 
shall design and implement an ecological monitoring and evaluation 
program, for all Central Valley wildlife refuges, that produces an 
annual report based on existing and newly collected information, 
including--
            (1) the United States Fish and Wildlife Service Animal 
        Health Lab disease reports;
            (2) mid-winter waterfowl inventories;
            (3) nesting and brood surveys;
            (4) additional data collected regularly by the refuges, 
        such as herptile distribution and abundance;
            (5) a new coordinated systemwide monitoring effort for at 
        least one key migrant species and two resident species listed 
        as threatened and endangered pursuant to the Endangered Species 
        Act of 1973 (16 U.S.C. 1531 et seq.) (including one warm-
        blooded and one cold-blooded), that identifies population 
        numbers and survival rates for the 3 previous years; and
            (6) an estimate of the bioenergetic food production 
        benefits to migrant waterfowl, consistent with the methodology 
        used by the Central Valley Joint Venture, to compliment and 
        inform the Central Valley Joint Venture implementation plan.
    (d) Adequate Staffing for Refuge Water Delivery Objectives.--The 
Secretary shall ensure that adequate staffing is provided to advance 
the refuge water supply delivery objectives under the Central Valley 
Project Improvement Act (title XXXIV of Public Law 102-575).
    (e) Funding.--There is authorized to be appropriated $25,000,000 to 
carry out subsections (a) through (d), which shall remain available 
until expended.
    (f) Effect on Other Funds.--Amounts authorized under this section 
shall be in addition to amounts collected or appropriated under the 
Central Valley Project Improvement Act (title XXXIV of Public Law 102-
575).

SEC. 235. DROUGHT PLANNING AND PREPAREDNESS FOR CRITICALLY IMPORTANT 
              FISHERIES.

    (a) Definitions.--In this section:
            (1) Critically important fisheries.--The term ``critically 
        important fisheries'' means--
                    (A) commercially and recreationally important 
                fisheries located within the Reclamation States;
                    (B) fisheries containing fish species that are 
                listed as threatened or endangered pursuant to the 
                Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) 
                within the Reclamation States; or
                    (C) fisheries used by Indian Tribes within the 
                Reclamation States for ceremonial, subsistence, or 
                commercial purposes.
            (2) Qualified tribal government.--The term ``qualified 
        Tribal Government'' means any government of an Indian Tribe 
        that the Secretary determines--
                    (A) is involved in fishery management and recovery 
                activities including under the Endangered Species Act 
                of 1973 (16 U.S.C. 1531 et seq.); or
                    (B) has the management and organizational 
                capability to maximize the benefits of assistance 
                provided under this section.
    (b) Drought Plan for Critically Important Fisheries.--Not later 
than January 1, 2024, and every three years thereafter, the Secretary, 
acting through the Director of the United States Fish and Wildlife 
Service shall, in consultation with the National Marine Fisheries 
Service, the Bureau of Reclamation, the Army Corps of Engineers, State 
fish and wildlife agencies, and affected Indian Tribes, prepare a plan 
to sustain the survival of critically important fisheries within the 
Reclamation States during periods of extended drought. The plan shall 
focus on actions that can aid the survival of critically important 
fisheries during the driest years. In preparing such plan, the Director 
shall consider--
            (1) habitat restoration efforts designed to provide drought 
        refugia and increased fisheries resilience during droughts;
            (2) relocating the release location and timing of hatchery 
        fish to avoid predation and temperature impacts;
            (3) barging of hatchery release fish to improve survival 
        and reduce straying;
            (4) coordination with water users, the Bureau of 
        Reclamation, State fish and wildlife agencies, and interested 
        public water agencies regarding voluntary water transfers, 
        including through groundwater substitution activities, to 
        determine if water releases can be collaboratively managed in a 
        way that provides additional benefits for critically important 
        fisheries without negatively impacting wildlife habitat;
            (5) hatchery management modifications, such as expanding 
        hatchery production of fish during the driest years, if 
        appropriate for a particular river basin;
            (6) hatchery retrofit projects, such as the installation 
        and operation of filtration equipment and chillers, to reduce 
        disease outbreaks, egg mortality and other impacts of droughts 
        and high water temperatures;
            (7) increasing rescue operations of upstream migrating 
        fish;
            (8) improving temperature modeling and related forecasted 
        information to predict water management impacts to the habitat 
        of critically important fisheries with a higher degree of 
        accuracy than current models;
            (9) testing the potential for parentage-based tagging and 
        other genetic testing technologies to improve the management of 
        hatcheries;
            (10) programs to reduce predation losses at artificially 
        created predation hot spots; and
            (11) retrofitting existing water facilities to provide 
        improved temperature conditions for fish.
    (c) Public Comment.--The Director of the United States Fish and 
Wildlife Service shall provide for a public comment period of not less 
than 90 days before finalizing a plan under subsection (b).
    (d) Authorization of Appropriations for Fish Recovery Efforts.--
There is authorized to be appropriated $25,000,000 for the United 
States Fish and Wildlife Service for fiscal year 2023 for fish, stream, 
and hatchery activities related to fish recovery efforts, including 
work with the National Marine Fisheries Service, the Bureau of 
Reclamation, the Army Corps of Engineers, State fish and wildlife 
agencies, or a qualified Tribal Government.
    (e) Effect.--Nothing in this section is intended to expand, 
diminish, or affect any obligation under Federal or State environmental 
law.

SEC. 236. REAUTHORIZATION OF THE FISHERIES RESTORATION AND IRRIGATION 
              MITIGATION ACT OF 2000.

    Section 10(a) of the Fisheries Restoration and Irrigation 
Mitigation Act of 2000 (16 U.S.C. 777 note; Public Law 106-502) is 
amended by striking ``$15 million through 2021'' and inserting 
``$25,000,000 through 2028''.

SEC. 237. SUSTAINING BIODIVERSITY DURING DROUGHTS.

    Section 9503(b) of the Omnibus Public Land Management Act of 2009 
(42 U.S.C. 10363(b)) is amended--
            (1) in paragraph (3)(D), by inserting ``and native 
        biodiversity'' after ``wildlife habitat''; and
            (2) in paragraph (4)(B), by inserting ``and drought 
        biodiversity plans to address sustaining native biodiversity 
        during periods of drought'' after ``restoration plans''.

SEC. 238. WATER RESOURCE EDUCATION.

    (a) General Authority.--In accordance with this section, the 
Secretary may enter into a cooperative agreement or contract or provide 
financial assistance in the form of a grant, to support activities 
related to education on water resources.
    (b) Eligible Activities.--The Secretary may enter into a 
cooperative agreement or contract or provide financial assistance for 
activities that improve water resources education, including through 
tours, publications or other activities that--
            (1) disseminate information on water resources via 
        educational tools, materials or programs;
            (2) publish relevant information on water resource issues, 
        including environmental and ecological conditions;
            (3) advance projects that improve public understanding of 
        water resource issues or management challenges, including 
        education on drought, drought awareness, and drought 
        resiliency;
            (4) provide training or related education for teachers, 
        faculty, or related personnel, including in a specific 
        geographic area or region; or
            (5) enable tours, conferences, or other activities to 
        foster cooperation in addressing water resources or management 
        challenges, including cooperation relating to water resources 
        shared by the United States and Canada or Mexico.
    (c) Grant Priority.--In making grants under this section, the 
Secretary shall give priority to activities that--
            (1) provide training for the professional development of 
        legal and technical experts in the field of water resources 
        management; or
            (2) help educate the public, teachers or key stakeholders 
        on--
                    (A) a new or significantly improved water resource 
                management practice, method, or technique;
                    (B) the existence of a water resource management 
                practice, method, or technique that may have wide 
                application;
                    (C) a water resource management practice, method, 
                or technique related to a scientific field or skill 
                identified as a priority by the Secretary; or
                    (D) general water resource issues or management 
                challenges, including as part of a science curricula in 
                elementary or secondary education setting.

             TITLE III--OPEN ACCESS EVAPOTRANSPIRATION DATA

SEC. 301. SHORT TITLE.

    This title may be cited as the ``Open Access Evapotranspiration 
Data Act''.

SEC. 302. DEFINITIONS.

    In this title:
            (1) Evapotranspiration.--The term ``evapotranspiration'' or 
        ``ET'' means the process by which water is transferred from the 
        land to the atmosphere by--
                    (A) evaporation from soil and other surfaces; and
                    (B) transpiration from plants.
            (2) Program.--The term ``Program'' means the Open Access 
        Evapotranspiration (OpenET) Data Program established under 
        section 304(a).
            (3) Program partner.--The term ``Program partner'' means--
                    (A) an institution of higher education;
                    (B) a State (including a State agency);
                    (C) an Indian Tribe as defined in section 4 of the 
                Indian Self-Determination and Education Assistance Act 
                (25 U.S.C. 5304);
                    (D) a private sector entity;
                    (E) a nongovernmental organization; or
                    (F) any other entity determined to be appropriate 
                by the Secretary.
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior, acting through the Director of the United 
        States Geological Survey.

SEC. 303. FINDINGS.

    Congress finds that--
            (1) evapotranspiration is the second largest component of 
        the water budget, which is an accounting of the allocation of 
        water resources to various water uses;
            (2) evapotranspiration is a measure of the water that is 
        consumed and lost from a water system, removed from available 
        supplies, and unavailable for other uses within a watershed;
            (3) accurate information on evapotranspiration is required 
        to balance water supply and water demand in a watershed and 
        ensure that adequate water supplies for beneficial uses are 
        available over time;
            (4) water users and managers are impeded in more efficient 
        decision making by--
                    (A) the lack of consistent and comprehensive water 
                use data; and
                    (B) the fact that access to existing data is often 
                limited and cost-prohibitive; and
            (5) evapotranspiration data may be applied for the purposes 
        of--
                    (A) assisting users and decisionmakers to better 
                manage resources and protect financial viability of 
                farm operations during drought;
                    (B) developing more accurate water budgets and 
                innovative management programs to better promote 
                conservation and sustainability efforts; and
                    (C) employing greater groundwater management 
                practices and understanding impacts of consumptive 
                water use.

SEC. 304. OPEN ACCESS EVAPOTRANSPIRATION (OPENET) DATA PROGRAM.

    (a) Establishment.--The Secretary shall establish a program to be 
known as the ``Open Access Evapotranspiration (OpenET) Data Program'' 
under which the Secretary shall provide for the delivery of satellite-
based evapotranspiration data, as available, supported by other ET 
methods--
            (1) to advance the quantification of evaporation and 
        consumptive water use; and
            (2) to provide data users with estimates of 
        evapotranspiration data across large landscapes over certain 
        periods of time, with a priority for Landsat scale (30-100m) 
        when available.
    (b) Purpose.--The purpose of the Program is to support the 
operational distribution of satellite-based evapotranspiration data 
generated under the Program to sustain and enhance water resources in 
the United States.
    (c) Duties.--In carrying out the Program, the Secretary shall--
            (1) evaluate, use, and modify sources of satellite-based 
        evapotranspiration data, supported by other ET methods, based 
        on best available science and technologies; and
            (2) coordinate and consult with--
                    (A) the heads of other relevant Federal agencies, 
                including--
                            (i) the Commissioner of Reclamation;
                            (ii) the Administrator of the National 
                        Aeronautics and Space Administration;
                            (iii) the Administrator of the National 
                        Oceanic and Atmospheric Administration;
                            (iv) the Administrator of the Agricultural 
                        Research Service; and
                            (v) the Chief of the Natural Resources 
                        Conservation Service; and
                    (B) Program partners.
    (d) Components.--In carrying out the Program, the Secretary shall, 
in coordination with other relevant agencies, carry out activities to 
develop, maintain, establish, expand, or advance delivery of satellite-
based evapotranspiration data, supported by other ET methods, to 
advance the quantification of evaporation and consumptive water use, 
with an emphasis on carrying out activities that--
            (1) support the development and maintenance of 
        evapotranspiration data and software systems and associated 
        research and development in a manner that ensures that Program 
        data are reflective of the best available science, including by 
        providing support to Program partners, or coordinating 
        activities with other programs within the Department of the 
        Interior, that have developed and are maintaining 
        evapotranspiration software systems and datasets;
            (2) demonstrate or test new and existing evapotranspiration 
        measurement technology;
            (3) improve evapotranspiration measurement science and 
        technology; and
            (4) develop or refine the application of satellite-based 
        evapotranspiration data available to Federal agencies, States, 
        and Indian Tribes, including programs within both the Water 
        Resources and Core Science Systems divisions of the United 
        States Geological Survey. These may include--
                    (A) the Water Availability and Use Science Program, 
                the National Water Census, and Integrated Water 
                Availability Assessments; and
                    (B) the National Land Imaging Program, the Land 
                Change Science Program, and the Science Analytics and 
                Synthesis Program.
    (e) Water Use and Availability of Program Data.--The Secretary--
            (1) shall incorporate, to the maximum extent practicable, 
        program information and data for purposes of determining 
        consumptive water use on irrigated or other vegetated 
        landscapes for use by water resource management agencies;
            (2) may continue to coordinate data analyses, use, and 
        collection efforts with other Federal agencies, States, and 
        Tribal governments through existing coordinating organizations, 
        such as--
                    (A) the Western States Water Council; and
                    (B) the Western States Federal Agency Support Team; 
                and
            (3) may provide information collected and analyzed under 
        the Program to Program partners through appropriate mechanisms, 
        including through agreements with Federal agencies, States 
        (including State agencies), or Indian Tribes, leases, 
        contracts, cooperative agreements, grants, loans, and memoranda 
        of understanding.
    (f) Cooperative Agreements.--The Secretary shall--
            (1) enter into cooperative agreements with Program partners 
        to provide for the efficient and cost-effective administration 
        of the Program, including through cost sharing or by providing 
        additional in-kind resources necessary to carry out the 
        Program; and
            (2) provide nonreimbursable matching funding, as 
        permissible, for programmatic and operational activities under 
        this section, in consultation with Program partners.
    (g) Environmental Laws.--Nothing in this title modifies any 
obligation of the Secretary to comply with applicable Federal and State 
environmental laws in carrying out this title.

SEC. 305. REPORT.

    Not later than 5 years after the date of the enactment of this 
title, the Secretary shall submit to the Committees on Energy and 
Natural Resources, Agriculture, Nutrition, and Forestry, and 
Appropriations of the Senate and the Committees on Natural Resources, 
Agriculture, and Appropriations of the House of Representatives a 
report that includes--
            (1) a status update on the operational incorporation of 
        Program data into modeling, water planning, and reporting 
        efforts of relevant Federal agencies; and
            (2) a list of Federal agencies and Program partners that 
        are applying Program data to beneficial use, including a 
        description of examples of beneficial uses.

SEC. 306. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated to the Secretary to carry 
out this title $23,000,000 for each of fiscal years 2023 through 2027, 
to remain available until expended.

        TITLE IV--COLORADO RIVER INDIAN TRIBES WATER RESILIENCY

SEC. 401. SHORT TITLE.

    This title may be cited as the ``Colorado River Indian Tribes Water 
Resiliency Act of 2022''.

SEC. 402. FINDINGS.

    The purposes of this title are to authorize--
            (1) the CRIT to enter into lease or exchange agreements, 
        storage agreements, and agreements for conserved water for the 
        economic well-being of the CRIT; and
            (2) the Secretary to approve any lease or exchange 
        agreements, storage agreements, or agreements for conserved 
        water entered into by the CRIT.

SEC. 403. DEFINITIONS.

    In this title:
            (1) Agreement for conserved water.--The term ``agreement 
        for conserved water'' means an agreement for the creation of 
        system conservation, storage of conserved water in Lake Mead, 
        or other mechanisms for voluntarily leaving a portion of the 
        CRIT reduced consumptive use in Lake Mead.
            (2) Allottee.--The term ``allottee'' means an individual 
        who holds a beneficial real property interest in an allotment 
        of Indian land that is--
                    (A) located within the exterior boundaries of the 
                Reservation; and
                    (B) held in trust by the United States.
            (3) Consolidated decree.--The term ``Consolidated Decree'' 
        means the decree entered by the Supreme Court of the United 
        States in Arizona v. California (547 U.S. 150 (2006)).
            (4) Consumptive use.--The term ``consumptive use'' means a 
        portion of the decreed allocation that has a recent history of 
        use by the CRIT within the exterior boundary of the 
        Reservation. Any verified reduction in consumptive use pursuant 
        to a lease or exchange agreement, storage agreement, or 
        agreement for conserved water, shall be deemed to be a 
        consumptive use in the year in which the reduction occurred, if 
        the reduction is reflected in the Water Accounting Report.
            (5) Crit.--The term ``CRIT'' means the Colorado River 
        Indian Tribes, a federally recognized Indian Tribe.
            (6) Decreed allocation.--The term ``decreed allocation'' 
        means the volume of water of the mainstream of the Colorado 
        River allocated to the CRIT that is accounted for as part of 
        the apportionment for the State in part I-A of the Appendix of 
        the Consolidated Decree.
            (7) Lower basin.--The term ``Lower Basin'' has the meaning 
        given the term in article II(g) of the Colorado River Compact 
        of 1922, as approved by Federal law in section 13 of the 
        Boulder Canyon Project Act (43 U.S.C. 617l) and by the 
        Presidential Proclamation of June 25, 1929 (46 Stat. 3000).
            (8) Person.--The term ``person'' means an individual, a 
        public or private corporation, a company, a partnership, a 
        joint venture, a firm, an association, a society, an estate or 
        trust, a private organization or enterprise, the United States, 
        an Indian Tribe, a governmental entity, or a political 
        subdivision or municipal corporation organized under, or 
        subject to, the constitution and laws of the State.
            (9) Reservation.--The term ``Reservation'' means the 
        portion of the reservation established for the CRIT that is 
        located in the State.
            (10) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (11) State.--Except for purposes of section 416, the term 
        ``State'' means the State of Arizona.
            (12) Storage.--The term ``storage'' means the underground 
        storage, in accordance with State law, of a portion of the 
        consumptive use off the Reservation within the Lower Basin in 
        the State.
            (13) Water accounting report.--The term ``Water Accounting 
        Report'' means the annual report of the Bureau of Reclamation 
        entitled the ``Colorado River Accounting and Water Use Report: 
        Arizona, California, and Nevada'' which includes the 
        compilation of records in accordance with article V of the 
        Consolidated Decree.

SEC. 404. LEASE OR EXCHANGE AGREEMENTS.

    (a) Authorization.--Notwithstanding section 2116 of the Revised 
Statutes (commonly known as the ``Indian Trade and Intercourse Act''; 
25 U.S.C. 177) or any other provision of law, the CRIT is authorized, 
subject to the approval of the Secretary under section 407(a), and has 
the sole authority, to enter into, with any person, an agreement to 
lease or exchange, or an option to lease or exchange, a portion of the 
consumptive use for a use off the Reservation (referred to in this 
title as a ``lease or exchange agreement''), on the condition that the 
use off the Reservation is located in the Lower Basin in the State and 
is not in Navajo, Apache, or Cochise counties.
    (b) Term of Lease or Exchange Agreement.--The term of any lease or 
exchange agreement entered into under subsection (a) shall be mutually 
agreed, except that the term shall not exceed 100 years.
    (c) Modifications.--Any lease or exchange agreement entered into 
under subsection (a) may be renegotiated or modified at any time during 
the term of the lease or exchange agreement, subject to the approval of 
the Secretary under section 407(a), on the condition that the term of 
the renegotiated lease or exchange agreement does not exceed 100 years.
    (d) Applicable Law.--Any person entering into a lease or exchange 
agreement with the CRIT under this section shall use the water received 
under the lease or exchange agreement in accordance with applicable 
Federal and State law.

SEC. 405. STORAGE AGREEMENTS.

    (a) Authorization.--Notwithstanding section 2116 of the Revised 
Statutes (commonly known as the ``Indian Trade and Intercourse Act''; 
25 U.S.C. 177) or any other provision of law, the CRIT is authorized, 
subject to the approval of the Secretary under section 407(a), and has 
the sole authority, to enter into an agreement, including with the 
Arizona Water Banking Authority (or successor agency or entity), for 
the storage of a portion of the consumptive use, or the water received 
under an exchange pursuant to an exchange agreement under section 404, 
at 1 or more underground storage facilities or groundwater savings 
facilities off the Reservation (referred to in this title as a 
``storage agreement''), on the condition that the facility is located 
in the Lower Basin in the State and is not in Navajo, Apache, or 
Cochise counties.
    (b) Applicable Law.--Any storage agreement entered into under this 
section shall be in accordance with applicable Federal and State law.
    (c) Delegation of Rights.--The CRIT may assign or sell any long-
term storage credits accrued as a result of a storage agreement, on the 
condition that the assignment or sale is in accordance with applicable 
State law.

SEC. 406. AGREEMENTS FOR CREATION OF WATER FOR THE COLORADO RIVER 
              SYSTEM OR FOR STORING WATER IN LAKE MEAD.

    (a) Authorization.--Notwithstanding section 2116 of the Revised 
Statutes (commonly known as the ``Indian Trade and Intercourse Act''; 
25 U.S.C. 177) or any other provision of law, the CRIT is authorized, 
subject to the approval of the Secretary under section 407(a), and has 
the sole authority, to enter into, with any person, an agreement for 
conserved water on the condition that if the conserved water is 
delivered, the delivery is to a location in the Lower Basin of the 
State and not in Navajo, Apache, or Cochise counties.
    (b) Term of an Agreement for Conserved Water.--The term of any 
agreement for conserved water entered into under subsection (a) shall 
be mutually agreed, except that the term shall not exceed 100 years.
    (c) Applicable Law.--Any person entering into an agreement for 
conserved water with the CRIT under this section shall use the water 
received in accordance with applicable Federal and State law.

SEC. 407. SECRETARIAL APPROVAL; DISAPPROVAL; AGREEMENTS.

    (a) Authorization.--The Secretary shall approve or disapprove any--
            (1) lease or exchange agreement;
            (2) modification to a lease or exchange agreement;
            (3) storage agreement;
            (4) modification to a storage agreement; or
            (5) agreement for conserved water.
    (b) Secretarial Agreements.--The Secretary is authorized to enter 
lease or exchange agreements, storage agreements, or agreements for 
conserved water with the CRIT, provided the Secretary pays the fair 
market value for the CRIT reduced consumptive use.
    (c) Requirements.--
            (1) In general.--The Secretary shall not approve any lease 
        or exchange agreement, or any modification to a lease or 
        exchange agreement, any storage agreement, or any modification 
        to a storage agreement that is not in compliance with--
                    (A) this title; and
                    (B) the agreement entered into between the CRIT, 
                the State, and the Secretary under section 410(a).
            (2) Conserved water.--The Secretary shall not approve any 
        agreement for conserved water that is not in compliance with--
                    (A) this title; and
                    (B) other applicable Federal law.
            (3) Permanent alienation.--The Secretary shall not approve 
        any lease or exchange agreement, or any modification to a lease 
        or exchange agreement, or any storage agreement, or 
        modification to a storage agreement, or agreement for conserved 
        water that permanently alienates any portion of the CRIT 
        decreed allocation.
    (d) Other Requirements.--The requirement for Secretarial approval 
under subsection (a) shall satisfy the requirements of section 2116 of 
the Revised Statutes (commonly known as the ``Indian Trade and 
Intercourse Act''; 25 U.S.C. 177).
    (e) Authority of the Secretary.--Nothing in this title, or any 
agreement entered into or approved by the Secretary under this title, 
including any lease or exchange agreement, storage agreement, or 
agreement for conserved water, shall diminish or abrogate the authority 
of the Secretary to act under applicable Federal law or regulation, 
including the Consolidated Decree.

SEC. 408. RESPONSIBILITIES OF THE SECRETARY.

    (a) Compliance.--When approving a lease or exchange agreement, a 
storage agreement, or an agreement for conserved water, the Secretary 
shall promptly comply with all aspects of the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321 et seq.), the Endangered Species Act 
of 1973 (16 U.S.C. 1531 et seq.), and all other applicable 
environmental Acts and regulations.
    (b) Documentation.--The Secretary shall document any lease or 
exchange agreement, storage agreement, or agreement for conserved water 
in the Water Accounting Report.

SEC. 409. AGREEMENT BETWEEN THE CRIT AND THE STATE.

    (a) In General.--Before entering into the first lease or exchange 
agreement or storage agreement, the CRIT shall enter into an agreement 
with the State that outlines all notice, information sharing, and 
collaboration requirements that shall apply to any potential lease or 
exchange agreement or storage agreement the CRIT may enter into.
    (b) Requirement.--The agreement required under subsection (a) shall 
include a provision that requires the CRIT to submit to the State all 
documents regarding a potential lease or exchange agreement or storage 
agreement.

SEC. 410. AGREEMENT BETWEEN THE CRIT, THE STATE, AND THE SECRETARY.

    (a) In General.--Before approving the first lease or exchange 
agreement or storage agreement under section 407, the Secretary shall 
enter into an agreement with the State and the CRIT that describes the 
procedural, technical, and accounting methodologies for any lease or 
exchange agreement or storage agreement the CRIT may enter into, 
including quantification of the reduction in consumptive use and water 
accounting.
    (b) NEPA.--The execution of the agreement required under subsection 
(a) shall not constitute a major Federal action for purposes of the 
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
    (c) Effect.--Nothing in this title shall prohibit the Secretary 
from agreeing with the CRIT and the State to a modification to an 
agreement entered into under subsection (a) (including an appendix or 
exhibit to the agreement) if that the modification--
            (1) is in compliance with this title; and
            (2) does not otherwise require congressional approval under 
        section 2116 of the Revised Statutes (commonly known as the 
        ``Indian Trade and Intercourse Act''; 25 U.S.C. 177) or any 
        other provision of law.

SEC. 411. NO EFFECT ON THE CRIT DECREED ALLOCATION.

    (a) Temporary Use.--A lease or exchange agreement, storage 
agreement, or agreement for conserved water--
            (1) shall provide for the temporary use, storage or 
        conservation of a portion of the consumptive use off the 
        Reservation; and
            (2) shall not permanently alienate the decreed allocation.
    (b) Priority Status.--
            (1) In general.--The lease or exchange of a portion of the 
        consumptive use shall not cause that portion to lose or change 
        its priority under the Consolidated Decree.
            (2) Nonuse.--Any nonuse by a person who is a party to any 
        lease or exchange agreement or storage agreement with the CRIT 
        shall not result in forfeiture, abandonment, relinquishment, or 
        other loss by the CRIT of all or any portion of the decreed 
        allocation.
    (c) Reservation of Rights.--The lease, exchange, storage, or 
conservation of a portion of the consumptive use shall not reduce or 
limit the right of the CRIT to use the remaining portion of the decreed 
allocation on the Reservation.
    (d) Storage Agreements.--A storage agreement entered into under 
this title shall account for the quantity of water in storage off the 
Reservation in accordance with applicable State law.

SEC. 412. ALLOTTEE USE OF WATER.

    (a) Interference.--The lease, exchange, storage, or conservation of 
a portion of the consumptive use shall not directly or indirectly 
interfere with, or diminish, any entitlement to water for an allottee 
under Federal or Tribal law.
    (b) Water Rights of Allottees.--The Secretary shall protect the 
rights of the allottees to a just and equitable distribution of water 
for irrigation purposes, pursuant to section 7 of the Act of February 
8, 1887 (commonly known as the ``Indian General Allotment Act''; 24 
Stat. 390, chapter 119; 25 U.S.C. 381) (referred to in this section as 
the ``Act'').
    (c) Relief Under Tribal Law.--Prior to asserting any claim against 
the United States pursuant to the Act, or any other applicable law, an 
allottee shall exhaust all remedies available under applicable Tribal 
law.
    (d) Relief Under the Indian General Allotment Act.--Following an 
exhaustion of remedies available under applicable Tribal law, an 
allottee may seek relief under the Act, or any other applicable law.
    (e) Relief From the Secretary.--Following exhaustion of remedies 
available under the Act, or any other applicable law, an allottee may 
petition the Secretary for relief.

SEC. 413. CONSIDERATION PAID TO THE CRIT.

    The CRIT, and not the United States in any capacity, shall be 
entitled to all consideration due to the CRIT under any lease or 
exchange agreement, storage agreement, or agreement for conserved 
water.

SEC. 414. LIABILITY OF THE UNITED STATES.

    (a) Limitation of Liability.--The United States shall not be liable 
to the CRIT or to any party to a lease or exchange agreement, storage 
agreement, or agreement for conserved water in any claim relating to 
the negotiation, execution, or approval of any lease or exchange 
agreement, storage agreement, or an agreement for conserved water, 
including any claim relating to the terms included in such an 
agreement, except for claims related to section 408(a).
    (b) Obligations.--The United States shall have no trust obligation 
or other obligation to monitor, administer, or account for--
            (1) any funds received by the CRIT as consideration under 
        any lease or exchange agreement, storage agreement, or 
        agreement for conserved water; or
            (2) the expenditure of such funds.

SEC. 415. APPLICATION.

    (a) In General.--This title shall apply only to the portion of the 
decreed allocation that is available for use in the State.
    (b) Requirement.--The portion of the decreed allocation that is 
available for use in the State shall not be used, directly or 
indirectly, outside the Lower Basin in the State or in Navajo, Apache, 
or Cochise counties.

SEC. 416. RULE OF CONSTRUCTION.

    Nothing in this title establishes, or shall be considered to 
establish, a precedent in any litigation involving, or alters, affects, 
or quantifies, any water right with respect to--
            (1) the United States;
            (2) any other Indian Tribe, band, or community;
            (3) any State or political subdivision or district of a 
        State; or
            (4) any person.

            TITLE V-- HUALAPAI TRIBE WATER RIGHTS SETTLEMENT

SEC. 501. SHORT TITLE.

    This title may be cited as the ``Hualapai Tribe Water Rights 
Settlement Act of 2022''.

SEC. 502. PURPOSES.

    The purposes of this title are--
            (1) to resolve, fully and finally, all claims to rights to 
        water in the State, including the Verde River, the Bill 
        Williams River, and the Colorado River, of--
                    (A) the Hualapai Tribe, on behalf of the Hualapai 
                Tribe and the members of the Hualapai Tribe; and
                    (B) the United States, acting as trustee for the 
                Hualapai Tribe, the members of the Hualapai Tribe, and 
                the allottees;
            (2) to authorize, ratify, and confirm the Hualapai Tribe 
        water rights settlement agreement, to the extent that agreement 
        is consistent with this title;
            (3) to authorize and direct the Secretary to execute and 
        perform the duties and obligations of the Secretary under the 
        Hualapai Tribe water rights settlement agreement and this 
        title; and
            (4) to authorize the appropriation of funds necessary to 
        carry out the Hualapai Tribe water rights settlement agreement 
        and this title.

SEC. 503. DEFINITIONS.

    In this title:
            (1) 1947 judgment.--The term ``1947 Judgment'' means the 
        Judgment and the Stipulation and Agreement, including exhibits 
        to the Judgment and the Stipulation and Agreement, entered on 
        March 13, 1947, in United States v. Santa Fe Pac. R.R. Co., No. 
        E-190 (D. Ariz.) and attached to the Hualapai Tribe water 
        rights settlement agreement as Exhibit 3.1.1.
            (2) AFY.--The term ``AFY'' means acre-feet per year.
            (3) Allotment.--The term ``allotment'' means any of the 4 
        off-reservation parcels that are--
                    (A) held in trust by the United States for 
                individual Indians in the Big Sandy River basin in 
                Mohave County, Arizona, under the patents numbered 
                1039995, 1039996, 1039997, and 1019494; and
                    (B) identified as Parcels 1A, 1B, 1C, and 2 on the 
                map attached to the Hualapai Tribe water rights 
                settlement agreement as Exhibit 3.1.6.
            (4) Allottee.--The term ``allottee'' means any Indian owner 
        of an allotment.
            (5) Available cap supply.--The term ``available CAP 
        supply'' means, for any year--
                    (A) all fourth priority water available for 
                delivery through the Central Arizona Project;
                    (B) water available from Central Arizona Project 
                dams and reservoirs other than the Modified Roosevelt 
                Dam; and
                    (C) return flows captured by the Secretary for 
                Central Arizona Project use.
            (6) Bill williams act.--The term ``Bill Williams Act'' 
        means the Bill Williams River Water Rights Settlement Act of 
        2014 (Public Law 113-223; 128 Stat. 2096).
            (7) Bill williams agreements.--The term ``Bill Williams 
        agreements'' means the Amended and Restated Big Sandy River-
        Planet Ranch Water Rights Settlement Agreement and the Amended 
        and Restated Hualapai Tribe Bill Williams River Water Rights 
        Settlement Agreement, including all exhibits to each agreement, 
        copies of which (excluding exhibits) are attached to the 
        Hualapai Tribe water rights settlement agreement as Exhibit 
        3.1.11.
            (8) Bill williams river phase 2 enforceability date.--The 
        term ``Bill Williams River Phase 2 Enforceability Date'' means 
        the date described in section 514(d).
            (9) Bill williams river phase 2 water rights settlement 
        agreement.--The term ``Bill Williams River phase 2 water rights 
        settlement agreement'' means the agreement of that name that is 
        attached to, and incorporated in, the Hualapai Tribe water 
        rights settlement agreement as Exhibit 4.3.3.
            (10) Cap contract.--The term ``CAP contract'' means a long-
        term contract (as defined in the CAP repayment stipulation) 
        with the United States for delivery of CAP water through the 
        CAP system.
            (11) Cap contractor.--The term ``CAP contractor''--
                    (A) means a person that has entered into a CAP 
                contract; and
                    (B) includes the Hualapai Tribe.
            (12) Cap fixed om&r charge.--The term ``CAP fixed OM&R 
        charge'' has the meaning given the term ``Fixed OM&R Charge'' 
        in the CAP repayment stipulation.
            (13) Cap m&i priority water.--The term ``CAP M&I priority 
        water'' means water within the available CAP supply having a 
        municipal and industrial delivery priority.
            (14) Cap nia priority water.--The term ``CAP NIA priority 
        water'' means water within the available CAP supply having a 
        non-Indian agricultural delivery priority.
            (15) Cap operating agency.--The term ``CAP operating 
        agency'' means--
                    (A) the 1 or more entities authorized to assume 
                responsibility for the care, operation, maintenance, 
                and replacement of the CAP system; and
                    (B) as of the date of the enactment of this title, 
                the Central Arizona Water Conservation District.
            (16) Cap pumping energy charge.--The term ``CAP pumping 
        energy charge'' has the meaning given the term ``Pumping Energy 
        Charge'' in the CAP repayment stipulation.
            (17) Cap repayment contract.--The term ``CAP repayment 
        contract'' means--
                    (A) the contract dated December 1, 1988 (Contract 
                No. 14-06-W-245, Amendment No. 1), between the United 
                States and the Central Arizona Water Conservation 
                District for the Delivery of Water and Repayment of 
                Costs of the Central Arizona Project; and
                    (B) any amendment to, or revision of, that 
                contract.
            (18) Cap repayment stipulation.--The term ``CAP repayment 
        stipulation'' means the Stipulated Judgment and the Stipulation 
        for Judgment, including any exhibits to those documents, 
        entered on November 21, 2007, in the United States District 
        Court for the District of Arizona in the consolidated civil 
        action Central Arizona Water Conservation District v. United 
        States, numbered CIV 95-625-TUC-WDB (EHC) and CIV 95-1720-PHX-
        EHC.
            (19) Cap subcontract.--The term ``CAP subcontract'' means a 
        long-term subcontract (as defined in the CAP repayment 
        stipulation) with the United States and the Central Arizona 
        Water Conservation District for the delivery of CAP water 
        through the CAP system.
            (20) Cap subcontractor.--The term ``CAP subcontractor'' 
        means a person that has entered into a CAP subcontract.
            (21) Cap system.--The term ``CAP system'' means--
                    (A) the Mark Wilmer Pumping Plant;
                    (B) the Hayden-Rhodes Aqueduct;
                    (C) the Fannin-McFarland Aqueduct;
                    (D) the Tucson Aqueduct;
                    (E) any pumping plant or appurtenant work of a 
                feature described in subparagraph (A), (B), (C), or 
                (D); and
                    (F) any extension of, addition to, or replacement 
                for a feature described in subparagraph (A), (B), (C), 
                (D), or (E).
            (22) Cap water.--The term ``CAP water'' has the meaning 
        given the term ``Project Water'' in the CAP repayment 
        stipulation.
            (23) Central arizona project.--The term ``Central Arizona 
        Project'' means the reclamation project authorized and 
        constructed by the United States in accordance with title III 
        of the Colorado River Basin Project Act (43 U.S.C. 1521 et 
        seq.).
            (24) Central arizona water conservation district.--The term 
        ``Central Arizona Water Conservation District'' means the 
        political subdivision of the State that is the contractor under 
        the CAP repayment contract.
            (25) Colorado river compact.--The term ``Colorado River 
        Compact'' means the Colorado River Compact of 1922, as ratified 
        and reprinted in article 2 of chapter 7 of title 45, Arizona 
        Revised Statutes.
            (26) Colorado river water entitlement.--The term ``Colorado 
        River water entitlement'' means the right or authorization to 
        use Colorado River water in the State through a mainstem 
        contract with the Secretary pursuant to section 5 of the 
        Boulder Canyon Project Act (43 U.S.C. 617d).
            (27) Diversion.--The term ``diversion'' means an act to 
        divert.
            (28) Divert.--The term ``divert'' means to receive, 
        withdraw, develop, produce, or capture water using--
                    (A) a ditch, canal, flume, bypass, pipeline, pit, 
                collection or infiltration gallery, conduit, well, 
                pump, turnout, dam, or any other mechanical device; or
                    (B) any other act of man.
            (29) Domestic purpose.--
                    (A) In general.--The term ``domestic purpose'' 
                means any use relating to the supply, service, or 
                activity of a household or private residence.
                    (B) Inclusions.--The term ``domestic purpose'' 
                includes the application of water to not more than 2 
                acres of land to produce a plant or parts of a plant 
                for--
                            (i) sale or human consumption; or
                            (ii) use as feed for livestock, range 
                        livestock, or poultry.
            (30) Effluent.--The term ``effluent'' means water that--
                    (A) has been used in the State for domestic, 
                municipal, or industrial purposes, other than solely 
                for hydropower generation; and
                    (B) is available for reuse for any purpose, 
                regardless or whether the water has been treated to 
                improve the quality of the water.
            (31) Enforceability date.--The term ``Enforceability Date'' 
        means the date described in section 514(a).
            (32) Exchange.--The term ``exchange'' means a trade between 
        1 or more persons of any water for any other water, if each 
        person has a right or claim to use the water the person 
        provides in the trade, regardless of whether the water is 
        traded in equal quantities or other consideration is included 
        in the trade.
            (33) Fourth priority water.--The term ``fourth priority 
        water'' means Colorado River water that is available for 
        delivery in the State for the satisfaction of entitlements--
                    (A) in accordance with contracts, Secretarial 
                reservations, perfected rights, and other arrangements 
                between the United States and water users in the State 
                entered into or established after September 30, 1968, 
                for use on Federal, State, or privately owned land in 
                the State, in a total quantity of not greater than 
                164,652 AFY of diversions; and
                    (B) after first providing for the delivery of 
                Colorado River water for the CAP system, including for 
                use on Indian land, under section 304(e) of the 
                Colorado River Basin Project Act (43 U.S.C. 1524(e)), 
                in accordance with the CAP repayment contract.
            (34) Freeport.--The term ``Freeport''--
                    (A) means the Delaware corporation named ``Freeport 
                Minerals Corporation''; and
                    (B) includes all subsidiaries, affiliates, 
                successors, and assigns of Freeport Minerals 
                Corporation, including Byner Cattle Company, a Nevada 
                corporation.
            (35) Gila river adjudication.--The term ``Gila River 
        adjudication'' means the action pending in the Superior Court 
        of the State, in and for the County of Maricopa, In Re the 
        General Adjudication of All Rights To Use Water In The Gila 
        River System and Source, W-1 (Salt), W-2 (Verde), W-3 (Upper 
        Gila), W-4 (San Pedro) (Consolidated).
            (36) Gila river adjudication court.--The term ``Gila River 
        adjudication court'' means the Superior Court of the State, in 
        and for the County of Maricopa, exercising jurisdiction over 
        the Gila River adjudication.
            (37) Gila river adjudication decree.--The term ``Gila River 
        adjudication decree'' means the judgment or decree entered by 
        the Gila River adjudication court in substantially the same 
        form as the form of judgment attached to the Hualapai Tribe 
        water rights settlement agreement as Exhibit 3.1.43.
            (38) Groundwater.--The term ``groundwater'' means all water 
        beneath the surface of the Earth within the State that is not--
                    (A) surface water;
                    (B) effluent; or
                    (C) Colorado River water.
            (39) Hualapai fee land.--The term ``Hualapai fee land'' 
        means land, other than Hualapai trust land, that--
                    (A) is located in the State;
                    (B) is located outside the exterior boundaries of 
                the Hualapai Reservation or Hualapai trust land; and
                    (C) as of the Enforceability Date, is owned by the 
                Hualapai Tribe, including by a tribally owned 
                corporation.
            (40) Hualapai land.--The term ``Hualapai land'' means--
                    (A) the Hualapai Reservation;
                    (B) Hualapai trust land; and
                    (C) Hualapai fee land.
            (41) Hualapai reservation.--The term ``Hualapai 
        Reservation'' means the land within the exterior boundaries of 
        the Hualapai Reservation, including--
                    (A) all land withdrawn by the Executive order dated 
                January 4, 1883, as modified by the May 28, 1942, order 
                of the Secretary pursuant to the Act of February 20, 
                1925 (43 Stat. 954, chapter 273);
                    (B) the land identified by the Executive orders 
                dated December 22, 1898, May 14, 1900, and June 2, 
                1911; and
                    (C) the land added to the Hualapai Reservation by 
                sections 511 and 512.
            (42) Hualapai tribe.--The term ``Hualapai Tribe'' means the 
        Hualapai Tribe, a federally recognized Indian Tribe of Hualapai 
        Indians organized under section 16 of the Act of June 18, 1934 
        (25 U.S.C. 5123; commonly known as the ``Indian Reorganization 
        Act'').
            (43) Hualapai tribe cap water.--The term ``Hualapai Tribe 
        CAP water'' means the 4,000 AFY of the CAP NIA priority water 
        that--
                    (A) was previously allocated to non-Indian 
                agricultural entities;
                    (B) was retained by the Secretary for reallocation 
                to Indian Tribes in the State pursuant to section 
                104(a)(1)(A)(iii) of the Central Arizona Project 
                Settlement Act of 2004 (Public Law 108-451; 118 Stat. 
                3487); and
                    (C) is reallocated to the Hualapai Tribe pursuant 
                to section 513.
            (44) Hualapai tribe water delivery contract.--The term 
        ``Hualapai Tribe water delivery contract'' means the contract 
        entered into in accordance with the Hualapai Tribe water rights 
        settlement agreement and section 513(c) for the delivery of 
        Hualapai Tribe CAP water.
            (45) Hualapai tribe water rights settlement agreement.--
                    (A) In general.--The term ``Hualapai Tribe water 
                rights settlement agreement'' means the agreement, 
                including exhibits, entitled ``Hualapai Tribe Water 
                Rights Settlement Agreement'' and dated February 11, 
                2019.
                    (B) Inclusions.--The term ``Hualapai Tribe water 
                rights settlement agreement'' includes--
                            (i) any amendments necessary to make the 
                        Hualapai Tribe water rights settlement 
                        agreement consistent with this title; and
                            (ii) any other amendments approved by the 
                        parties to the Hualapai Tribe water rights 
                        settlement agreement and the Secretary.
            (46) Hualapai trust land.--The term ``Hualapai trust land'' 
        means land, other than Hualapai fee land, that is--
                    (A) located--
                            (i) in the State; and
                            (ii) outside the exterior boundaries of the 
                        Hualapai Reservation; and
                    (B) as of the Enforceability Date, held in trust by 
                the United States for the benefit of the Hualapai 
                Tribe.
            (47) Hualapai water project.--The term ``Hualapai Water 
        Project'' means the project constructed in accordance with 
        section 506(a)(7)(A).
            (48) Hualapai water trust fund account.--The term 
        ``Hualapai Water Trust Fund Account'' means the account 
        established under section 506(a)(1).
            (49) Indian tribe.--The term ``Indian Tribe'' has the 
        meaning given the term in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 5304).
            (50) Injury to water rights.--
                    (A) In general.--The term ``injury to water 
                rights'' means any interference with, diminution of, or 
                deprivation of, a water right under Federal, State, or 
                other law.
                    (B) Exclusion.--The term ``injury to water rights'' 
                does not include any injury to water quality.
            (51) Lower basin.--The term ``lower basin'' has the meaning 
        given the term in article II(g) of the Colorado River Compact.
            (52) Lower colorado river basin development fund.--The term 
        ``Lower Colorado River Basin Development Fund'' means the fund 
        established by section 403(a) of the Colorado River Basin 
        Project Act (43 U.S.C. 1543(a)).
            (53) Member.--The term ``member'' means any person duly 
        enrolled as a member of the Hualapai Tribe.
            (54) Om&r.--The term ``OM&R'' means--
                    (A) any recurring or ongoing activity relating to 
                the day-to-day operation of a project;
                    (B) any activity relating to scheduled or 
                unscheduled maintenance of a project; and
                    (C) any activity relating to replacing a feature of 
                a project.
            (55) Parcel 1.--The term ``Parcel 1'' means the parcel of 
        land that is--
                    (A) depicted as 3 contiguous allotments identified 
                as 1A, 1B, and 1C on the map attached to the Hualapai 
                Tribe water rights settlement agreement as Exhibit 
                3.1.6; and
                    (B) held in trust for certain allottees.
            (56) Parcel 2.--The term ``Parcel 2'' means the parcel of 
        land that is--
                    (A) depicted as ``Parcel 2'' on the map attached to 
                the Hualapai Tribe water rights settlement agreement as 
                Exhibit 3.1.6; and
                    (B) held in trust for certain allottees.
            (57) Parcel 3.--The term ``Parcel 3'' means the parcel of 
        land that is--
                    (A) depicted as ``Parcel 3'' on the map attached to 
                the Hualapai Tribe water rights settlement agreement as 
                Exhibit 3.1.6;
                    (B) held in trust for the Hualapai Tribe; and
                    (C) part of the Hualapai Reservation pursuant to 
                Executive Order 1368, dated June 2, 1911.
            (58) Party.--The term ``party'' means a person that is a 
        signatory to the Hualapai Tribe water rights settlement 
        agreement.
            (59) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (60) State.--The term ``State'' means the State of Arizona.
            (61) Stock watering.--The term ``stock watering'' means the 
        watering of livestock, range livestock, or poultry.
            (62) Surface water.--The term ``surface water'' means all 
        water in the State that is appropriable under State law.
            (63) Truxton basin.--The term ``Truxton Basin'' means the 
        groundwater aquifer described in the report issued by the 
        United States Geological Survey entitled ``Groundwater 
        Availability in the Truxton Basin, Northwestern Arizona'', 
        Scientific Investigations Report No. 2020-5017-A.
            (64) Water.--The term ``water'', when used without a 
        modifying adjective, means--
                    (A) groundwater;
                    (B) surface water;
                    (C) effluent; and
                    (D) Colorado River water.
            (65) Water right.--The term ``water right'' means any right 
        in or to groundwater, surface water, effluent, or Colorado 
        River water under Federal, State, or other law.

SEC. 504. RATIFICATION AND EXECUTION OF HUALAPAI TRIBE WATER RIGHTS 
              SETTLEMENT AGREEMENT.

    (a) Ratification.--
            (1) In general.--Except as modified by this title and to 
        the extent the Hualapai Tribe water rights settlement agreement 
        does not conflict with this title, the Hualapai Tribe water 
        rights settlement agreement is authorized, ratified, and 
        confirmed.
            (2) Amendments.--If an amendment to the Hualapai Tribe 
        water rights settlement agreement, or to any exhibit attached 
        to the Hualapai Tribe water rights settlement agreement 
        requiring the signature of the Secretary, is executed in 
        accordance with this title to make the Hualapai Tribe water 
        rights settlement agreement consistent with this title, the 
        amendment is authorized, ratified, and confirmed, to the extent 
        the amendment is consistent with this title.
    (b) Execution.--
            (1) In general.--To the extent the Hualapai Tribe water 
        rights settlement agreement does not conflict with this title, 
        the Secretary shall execute the Hualapai Tribe water rights 
        settlement agreement, including all exhibits to, or parts of, 
        the Hualapai Tribe water rights settlement agreement requiring 
        the signature of the Secretary.
            (2) Modifications.--Nothing in this title prohibits the 
        Secretary from approving any modification to an appendix or 
        exhibit to the Hualapai Tribe water rights settlement agreement 
        that is consistent with this title, to the extent the 
        modification does not otherwise require congressional approval 
        under section 2116 of the Revised Statutes (25 U.S.C. 177) or 
        any other applicable provision of Federal law.
    (c) Environmental Compliance.--
            (1) In general.--In implementing the Hualapai Tribe water 
        rights settlement agreement (including all exhibits to the 
        Hualapai Tribe water rights settlement agreement requiring the 
        signature of the Secretary) and this title, the Secretary shall 
        comply with all applicable provisions of--
                    (A) the Endangered Species Act of 1973 (16 U.S.C. 
                1531 et seq.);
                    (B) the National Environmental Policy Act of 1969 
                (42 U.S.C. 4321 et seq.), including the implementing 
                regulations of that Act; and
                    (C) all other applicable Federal environmental laws 
                and regulations.
            (2) Compliance.--
                    (A) In general.--In implementing the Hualapai Tribe 
                water rights settlement agreement and this title, the 
                Hualapai Tribe shall prepare any necessary 
                environmental documents, consistent with all applicable 
                provisions of--
                            (i) the Endangered Species Act of 1973 (16 
                        U.S.C. 1531 et seq.);
                            (ii) the National Environmental Policy Act 
                        of 1969 (42 U.S.C. 4321 et seq.), including the 
                        implementing regulations of that Act; and
                            (iii) all other applicable Federal 
                        environmental laws and regulations.
                    (B) Authorizations.--The Secretary shall--
                            (i) independently evaluate the 
                        documentation submitted under subparagraph (A); 
                        and
                            (ii) be responsible for the accuracy, 
                        scope, and contents of that documentation.
            (3) Effect of execution.--The execution of the Hualapai 
        Tribe water rights settlement agreement by the Secretary under 
        this section shall not constitute a major action for purposes 
        of the National Environmental Policy Act of 1969 (42 U.S.C. 
        4321 et seq.).

SEC. 505. WATER RIGHTS.

    (a) Water Rights to Be Held in Trust.--
            (1) Hualapai tribe.--The United States shall hold the 
        following water rights in trust for the benefit of the Hualapai 
        Tribe:
                    (A) The water rights for the Hualapai Reservation 
                described in subparagraph 4.2 of the Hualapai Tribe 
                water rights settlement agreement.
                    (B) The water rights for Hualapai trust land 
                described in subparagraph 4.4 of the Hualapai Tribe 
                water rights settlement agreement.
                    (C) The water rights described in section 512(e)(2) 
                for any land taken into trust by the United States for 
                the benefit of the Hualapai Tribe--
                            (i) after the Enforceability Date; and
                            (ii) in accordance with section 512(e)(1).
                    (D) All Hualapai Tribe CAP water.
            (2) Allottees.--The United States shall hold in trust for 
        the benefit of the allottees all water rights for the 
        allotments described in subparagraph 4.3.2 of the Hualapai 
        Tribe water rights settlement agreement.
    (b) Forfeiture and Abandonment.--The following water rights shall 
not be subject to loss through non-use, forfeiture, abandonment, or 
other operation of law:
            (1) The water rights for the Hualapai Reservation described 
        in subparagraph 4.2 of the Hualapai Tribe water rights 
        settlement agreement.
            (2) The water rights for Hualapai trust land described in 
        subparagraph 4.4 of the Hualapai Tribe water rights settlement 
        agreement.
            (3) Any Colorado River water entitlement purchased by the 
        Hualapai Tribe wholly or substantially with amounts in the 
        Economic Development Fund described in section 8.1 of the 
        Amended and Restated Hualapai Tribe Bill Williams River Water 
        Rights Settlement Agreement.
    (c) Alienation.--Any Colorado River water entitlement purchased by 
the Hualapai Tribe wholly or substantially with amounts in the Economic 
Development Fund described in section 8.1 of the Amended and Restated 
Hualapai Tribe Bill Williams River Water Rights Settlement Agreement 
shall be restricted against permanent alienation by the Hualapai Tribe.
    (d) Hualapai Tribe Cap Water.--The Hualapai Tribe shall have the 
right to divert, use, and store the Hualapai Tribe CAP water in 
accordance with section 513.
    (e) Colorado River Water Entitlements.--
            (1) Uses.--The Hualapai Tribe shall have the right to use 
        any Colorado River water entitlement purchased by or donated to 
        the Hualapai Tribe at the location to which the entitlement is 
        appurtenant on the date on which the entitlement is purchased 
        or donated.
            (2) Storage.--
                    (A) In general.--Subject to paragraphs (3) and (5), 
                the Hualapai Tribe may store Colorado River water 
                available under any Colorado River water entitlement 
                purchased by or donated to the Hualapai Tribe at 
                underground storage facilities or groundwater savings 
                facilities located within the State and in accordance 
                with State law.
                    (B) Assignments.--The Hualapai Tribe may assign any 
                long-term storage credits accrued as a result of 
                storage under subparagraph (A) in accordance with State 
                law.
            (3) Transfers.--The Hualapai Tribe may transfer the 
        entitlement for use or storage under paragraph (1) or (2), 
        respectively, to another location within the State, including 
        the Hualapai Reservation, in accordance with the Hualapai Tribe 
        water rights settlement agreement and all applicable Federal 
        and State laws governing the transfer of Colorado River water 
        entitlements within the State.
            (4) Leases.--The Hualapai Tribe may lease any Colorado 
        River water entitlement for use or storage under paragraph (1) 
        or (2), respectively, to a water user within the State, in 
        accordance with the Hualapai Tribe water rights settlement 
        agreement and all applicable Federal and State laws governing 
        the transfer of Colorado River water entitlements within the 
        State.
            (5) Transports.--The Hualapai Tribe, or any person who 
        leases a Colorado River water entitlement from the Hualapai 
        Tribe under paragraph (4), may transport Colorado River water 
        available under the Colorado River water entitlement through 
        the Central Arizona Project in accordance with all laws of the 
        United States and the agreements between the United States and 
        the Central Arizona Water Conservation District governing the 
        use of the Central Arizona Project to transport water other 
        than CAP water.
    (f) Use Off-reservation.--No water rights to groundwater under the 
Hualapai Reservation or Hualapai trust land, or to surface water on the 
Hualapai Reservation or Hualapai trust land, may be sold, leased, 
transferred, or used outside the boundaries of the Hualapai Reservation 
or Hualapai trust land, other than under an exchange.
    (g) Groundwater Transportation.--
            (1) Fee land.--Groundwater may be transported in accordance 
        with State law away from Hualapai fee land and away from land 
        acquired in fee by the Hualapai Tribe, including by a tribally 
        owned corporation, after the Enforceability Date.
            (2) Land added to hualapai reservation.--Groundwater may be 
        transported in accordance with State law away from land added 
        to the Hualapai Reservation by sections 511 and 512 to other 
        land within the Hualapai Reservation.

SEC. 506. HUALAPAI WATER TRUST FUND ACCOUNT; CONSTRUCTION OF HUALAPAI 
              WATER PROJECT; FUNDING.

    (a) Hualapai Water Trust Fund Account.--
            (1) Establishment.--The Secretary shall establish a trust 
        fund account, to be known as the ``Hualapai Water Trust Fund 
        Account'', to be managed, invested, and distributed by the 
        Secretary and to remain available until expended, withdrawn, or 
        reverted to the general fund of the Treasury, consisting of the 
        amounts deposited in the Hualapai Water Trust Fund Account 
        under paragraph (2), together with any interest earned on those 
        amounts, for the purposes of carrying out this title.
            (2) Deposits.--The Secretary shall deposit in the Hualapai 
        Water Trust Fund Account the amounts made available pursuant to 
        section 507(a)(1).
            (3) Management and interest.--
                    (A) Management.--On receipt and deposit of funds 
                into the Hualapai Water Trust Fund Account, the 
                Secretary shall manage, invest, and distribute all 
                amounts in the Hualapai Water Trust Fund Account in a 
                manner that is consistent with the investment authority 
                of the Secretary under--
                            (i) the first section of the Act of June 
                        24, 1938 (25 U.S.C. 162a);
                            (ii) the American Indian Trust Fund 
                        Management Reform Act of 1994 (25 U.S.C. 4001 
                        et seq.); and
                            (iii) this subsection.
                    (B) Investment earnings.--In addition to the 
                deposits made to the Hualapai Water Trust Fund Account 
                under paragraph (2), any investment earnings, including 
                interest, credited to amounts held in the Hualapai 
                Water Trust Fund Account are authorized to be used in 
                accordance with paragraph (7).
            (4) Availability of amounts.--
                    (A) In general.--Amounts appropriated to, and 
                deposited in, the Hualapai Water Trust Fund Account, 
                including any investment earnings, shall be made 
                available to the Hualapai Tribe by the Secretary 
                beginning on the Enforceability Date, subject to the 
                requirements of this section.
                    (B) Use.--Notwithstanding subparagraph (A), amounts 
                deposited in the Hualapai Water Trust Fund Account 
                shall be available to the Hualapai Tribe on the date on 
                which the amounts are deposited for environmental 
                compliance, as provided in section 508.
            (5) Withdrawals.--
                    (A) Withdrawals under the american indian trust 
                fund management reform act of 1994.--
                            (i) In general.--The Hualapai Tribe may 
                        withdraw any portion of the amounts in the 
                        Hualapai Water Trust Fund Account on approval 
                        by the Secretary of a Tribal management plan 
                        submitted by the Tribe in accordance with the 
                        American Indian Trust Fund Management Reform 
                        Act of 1994 (25 U.S.C. 4001 et seq.).
                            (ii) Requirements.--In addition to the 
                        requirements under the American Indian Trust 
                        Fund Management Reform Act of 1994 (25 U.S.C. 
                        4001 et seq.), the Tribal management plan under 
                        this subparagraph shall require that the 
                        Hualapai Tribe spend all amounts withdrawn from 
                        the Hualapai Water Trust Fund Account and any 
                        investment earnings accrued through the 
                        investments under the Tribal management plan in 
                        accordance with this title.
                            (iii) Enforcement.--The Secretary may carry 
                        out such judicial and administrative actions as 
                        the Secretary determines to be necessary to 
                        enforce the Tribal management plan under this 
                        subparagraph to ensure that amounts withdrawn 
                        by the Hualapai Tribe from the Hualapai Water 
                        Trust Fund Account under clause (i) are used in 
                        accordance with this title.
                    (B) Withdrawals under expenditure plan.--
                            (i) In general.--The Hualapai Tribe may 
                        submit to the Secretary a request to withdraw 
                        funds from the Hualapai Water Trust Fund 
                        Account pursuant to an approved expenditure 
                        plan.
                            (ii) Requirements.--To be eligible to 
                        withdraw amounts under an expenditure plan 
                        under this subparagraph, the Hualapai Tribe 
                        shall submit to the Secretary an expenditure 
                        plan for any portion of the Hualapai Water 
                        Trust Fund Account that the Hualapai Tribe 
                        elects to withdraw pursuant to this 
                        subparagraph, subject to the condition that the 
                        amounts shall be used for the purposes 
                        described in this title.
                            (iii) Inclusions.--An expenditure plan 
                        under this subparagraph shall include a 
                        description of the manner and purpose for which 
                        the amounts proposed to be withdrawn from the 
                        Hualapai Water Trust Fund Account will be used 
                        by the Hualapai Tribe, in accordance with 
                        paragraph (7).
                            (iv) Approval.--The Secretary shall approve 
                        an expenditure plan submitted under clause (ii) 
                        if the Secretary determines that the plan--
                                    (I) is reasonable; and
                                    (II) is consistent with, and will 
                                be used for, the purposes of this 
                                title.
                            (v) Enforcement.--The Secretary may carry 
                        out such judicial and administrative actions as 
                        the Secretary determines to be necessary to 
                        enforce an expenditure plan to ensure that 
                        amounts disbursed under this subparagraph are 
                        used in accordance with this title.
            (6) Effect of title.--Nothing in this section gives the 
        Hualapai Tribe the right to judicial review of a determination 
        of the Secretary relating to whether to approve a Tribal 
        management plan under paragraph (5)(A) or an expenditure plan 
        under paragraph (5)(B) except under subchapter II of chapter 5, 
        and chapter 7, of title 5, United States Code (commonly known 
        as the ``Administrative Procedure Act'').
            (7) Uses.--Amounts from the Hualapai Water Trust Fund 
        Account shall be used by the Hualapai Tribe--
                    (A) to plan, design, construct, and conduct related 
                activities, including compliance with Federal 
                environmental laws under section 508, the Hualapai 
                Water Project, which shall be designed to divert, 
                treat, and convey up to 3,414 AFY of water from the 
                Colorado River in the lower basin in the State, 
                including locations on or directly adjacent to the 
                Hualapai Reservation, for municipal, commercial, and 
                industrial uses on the Hualapai Reservation;
                    (B) to perform OM&R on the Hualapai Water Project;
                    (C) to construct facilities to transport electrical 
                power to pump water for the Hualapai Water Project;
                    (D) to construct, repair, and replace such 
                infrastructure as may be necessary for groundwater 
                wells on the Hualapai Reservation and to construct 
                infrastructure for delivery and use of such groundwater 
                on the Hualapai Reservation;
                    (E) to acquire land, interests in land, and water 
                rights outside the exterior boundaries of the Hualapai 
                Reservation that are located in the Truxton Basin;
                    (F) to reimburse the Hualapai Tribe for any--
                            (i) planning, design, and engineering costs 
                        associated with the Hualapai Water Project that 
                        the Hualapai Tribe incurs using Tribal funds 
                        during the period--
                                    (I) beginning on the date of the 
                                enactment of this title; and
                                    (II) ending on the Enforceability 
                                Date; and
                            (ii) construction costs associated with the 
                        Hualapai Water Project that the Hualapai Tribe 
                        incurs using Tribal funds during the period--
                                    (I) beginning on the date on which 
                                the Secretary issues a record of 
                                decision; and
                                    (II) ending on the Enforceability 
                                Date; and
                    (G) to make contributions to the Economic 
                Development Fund described in section 8.1 of the 
                Amended and Restated Hualapai Tribe Bill Williams River 
                Water Rights Settlement Agreement for the purpose of 
                purchasing additional Colorado River water entitlements 
                and appurtenant land.
            (8) Liability.--The Secretary and the Secretary of the 
        Treasury shall not be liable for the expenditure or investment 
        of any amounts withdrawn from the Hualapai Water Trust Fund 
        Account by the Hualapai Tribe under paragraph (5).
            (9) Title to infrastructure.--Title to, control over, and 
        operation of any project constructed using funds from the 
        Hualapai Water Trust Fund Account shall remain in the Hualapai 
        Tribe.
            (10) Om&r.--All OM&R costs of any project constructed using 
        funds from the Hualapai Water Trust Fund Account shall be the 
        responsibility of the Hualapai Tribe.
            (11) No per capita distributions.--No portion of the 
        Hualapai Water Trust Fund Account shall be distributed on a per 
        capita basis to any member of the Hualapai Tribe.
            (12) Expenditure reports.--The Hualapai Tribe shall 
        annually submit to the Secretary an expenditure report 
        describing accomplishments and amounts spent from use of 
        withdrawals under a Tribal management plan or an expenditure 
        plan under this title.
    (b) Hualapai Water Settlement Implementation Fund Account.--
            (1) Establishment.--There is established in the Treasury of 
        the United States a nontrust, interest-bearing account, to be 
        known as the ``Hualapai Water Settlement Implementation Fund 
        Account'' (referred to in this subsection as the 
        ``Implementation Fund Account'') to be managed and distributed 
        by the Secretary, for use by the Secretary for carrying out 
        this title.
            (2) Deposits.--The Secretary shall deposit in the 
        Implementation Fund Account the amounts made available pursuant 
        to section 507(a)(2).
            (3) Uses.--The Implementation Fund Account shall be used by 
        the Secretary to carry out section 515(c), including for 
        groundwater monitoring in the Truxton Basin.
            (4) Interest.--In addition to the deposits under paragraph 
        (2), any investment earnings, including interest, credited to 
        amounts unexpended in the Implementation Fund Account are 
        authorized to be appropriated to be used in accordance with 
        paragraph (3).

SEC. 507. AUTHORIZATIONS OF APPROPRIATIONS.

    (a) Authorizations.--
            (1) Hualapai water trust fund account.--There is authorized 
        to be appropriated to the Secretary for deposit in the Hualapai 
        Water Trust Fund Account $180,000,000, to be available until 
        expended, withdrawn, or reverted to the general fund of the 
        Treasury.
            (2) Hualapai water settlement implementation fund 
        account.--There is authorized to be appropriated to the 
        Secretary for deposit in the Hualapai Water Settlement 
        Implementation Fund account established by section 506(b)(1) 
        $5,000,000.
            (3) Prohibition.--Notwithstanding any other provision of 
        law, any amounts made available under paragraph (1) or (2) 
        shall not be made available from the Reclamation Water 
        Settlements Fund established by section 10501(a) of the Omnibus 
        Public Land Management Act of 2009 (43 U.S.C. 407(a)) until 
        2034.
    (b) Fluctuation in Costs.--
            (1) In general.--The amount authorized to be appropriated 
        under subsection (a)(1) shall be increased or decreased, as 
        appropriate, by such amounts as may be justified by reason of 
        ordinary fluctuations in costs occurring after the date of the 
        enactment of this title, as indicated by the Bureau of 
        Reclamation Construction Cost Index--Composite Trend.
            (2) Construction costs adjustment.--The amount authorized 
        to be appropriated under subsection (a)(1) shall be adjusted to 
        address construction cost changes necessary to account for 
        unforeseen market volatility that may not otherwise be captured 
        by engineering cost indices as determined by the Secretary, 
        including repricing applicable to the types of construction and 
        current industry standards involved.
            (3) Repetition.--The adjustment process under this 
        subsection shall be repeated for each subsequent amount 
        appropriated until the amount authorized, as adjusted, has been 
        appropriated.
            (4) Period of indexing.--The period of indexing adjustment 
        for any increment of funding shall end on the date on which the 
        funds are deposited in the Hualapai Water Trust Fund Account.

SEC. 508. ENVIRONMENTAL COMPLIANCE.

    (a) In General.--Effective beginning on the date of deposit of 
funds in the Hualapai Water Trust Fund Account, the Hualapai Tribe may 
commence any environmental, cultural, and historical compliance 
activities necessary to implement the Hualapai Tribe water rights 
settlement agreement and this title, including activities necessary to 
comply with all applicable provisions of--
            (1) the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
        seq.);
            (2) the National Environmental Policy Act of 1969 (42 
        U.S.C. 4321 et seq.), including the implementing regulations of 
        that Act; and
            (3) all other applicable Federal environmental or 
        historical and cultural protection laws and regulations.
    (b) No Effect on Outcome.--Nothing in this title affects or directs 
the outcome of any analysis under the National Environmental Policy Act 
of 1969 (42 U.S.C. 4321 et seq.) or any other applicable Federal 
environmental or historical and cultural protection law.
    (c) Compliance Costs.--Any costs associated with the performance of 
the compliance activities under subsection (a) shall be paid from funds 
deposited in the Hualapai Water Trust Fund Account, subject to the 
condition that any costs associated with the performance of Federal 
approval or other review of such compliance work or costs associated 
with inherently Federal functions shall remain the responsibility of 
the Secretary.
    (d) Record of Decision.--Construction of the Hualapai Water Project 
shall not commence until the Secretary issues a record of decision 
after completion of an environmental impact statement for the Hualapai 
Water Project.
    (e) Construction Costs.--Any costs of construction incurred by the 
Hualapai Tribe during the period beginning on the date on which the 
Secretary issues a record of decision and ending on the Enforceability 
Date shall be paid by the Hualapai Tribe and not from funds deposited 
in the Hualapai Water Trust Fund Account, subject to the condition 
that, pursuant to section 506(a)(7)(F), the Hualapai Tribe may be 
reimbursed after the Enforceability Date from the Hualapai Water Trust 
Fund Account for any such costs of construction incurred by the 
Hualapai Tribe prior to the Enforceability Date.

SEC. 509. WAIVERS, RELEASES, AND RETENTIONS OF CLAIMS.

    (a) Waivers and Releases of Claims by the Hualapai Tribe.--
            (1) Claims against the state and others.--
                    (A) In general.--Except as provided in subparagraph 
                (C), the Hualapai Tribe, on behalf of the Hualapai 
                Tribe and the members of the Hualapai Tribe (but not 
                members in the capacity of the members as allottees) 
                and the United States, acting as trustee for the 
                Hualapai Tribe and the members of the Hualapai Tribe 
                (but not members in the capacity of the members as 
                allottees), as part of the performance of the 
                respective obligations of the Hualapai Tribe and the 
                United States under the Hualapai Tribe water rights 
                settlement agreement and this title, are authorized to 
                execute a waiver and release of any claims against the 
                State (or any agency or political subdivision of the 
                State) and any other individual, entity, corporation, 
                or municipal corporation under Federal, State, or other 
                law for all--
                            (i) past, present, and future claims for 
                        water rights, including rights to Colorado 
                        River water, for Hualapai land, arising from 
                        time immemorial and, thereafter, forever;
                            (ii) past, present, and future claims for 
                        water rights, including rights to Colorado 
                        River water, arising from time immemorial and, 
                        thereafter, forever, that are based on the 
                        aboriginal occupancy of land by the Hualapai 
                        Tribe, the predecessors of the Hualapai Tribe, 
                        the members of the Hualapai Tribe, or 
                        predecessors of the members of the Hualapai 
                        Tribe;
                            (iii) past and present claims for injury to 
                        water rights, including injury to rights to 
                        Colorado River water, for Hualapai land, 
                        arising from time immemorial through the 
                        Enforceability Date;
                            (iv) past, present, and future claims for 
                        injury to water rights, including injury to 
                        rights to Colorado River water, arising from 
                        time immemorial and, thereafter, forever, that 
                        are based on the aboriginal occupancy of land 
                        by the Hualapai Tribe, the predecessors of the 
                        Hualapai Tribe, the members of the Hualapai 
                        Tribe, or predecessors of the members of the 
                        Hualapai Tribe;
                            (v) claims for injury to water rights, 
                        including injury to rights to Colorado River 
                        water, arising after the Enforceability Date, 
                        for Hualapai land, resulting from the off-
                        reservation diversion or use of surface water, 
                        Colorado River water, or effluent in a manner 
                        not in violation of the Hualapai Tribe water 
                        rights settlement agreement or State law;
                            (vi) past, present, and future claims 
                        arising out of, or relating in any manner to, 
                        the negotiation, execution, or adoption of the 
                        Hualapai Tribe water rights settlement 
                        agreement, any judgment or decree approving or 
                        incorporating the Hualapai Tribe water rights 
                        settlement agreement, or this title;
                            (vii) claims for water rights of the 
                        Hualapai Tribe or the United States, acting as 
                        trustee for the Hualapai Tribe and members of 
                        the Hualapai Tribe, with respect to Parcel 3, 
                        in excess of 300 AFY;
                            (viii) claims for injury to water rights 
                        arising after the Enforceability Date for 
                        Hualapai land resulting from the off-
                        reservation diversion or use of groundwater 
                        from--
                                    (I) any well constructed outside of 
                                the Truxton Basin on or before the date 
                                of the enactment of this title;
                                    (II) any well constructed outside 
                                of the Truxton Basin, and not more than 
                                2 miles from the exterior boundaries of 
                                the Hualapai Reservation, after the 
                                date of the enactment of this title 
                                if--
                                            (aa) the well was 
                                        constructed to replace a well 
                                        in existence on the date of the 
                                        enactment of this title;
                                            (bb) the replacement well 
                                        was constructed within 660 feet 
                                        of the well being replaced; and
                                            (cc) the pumping capacity 
                                        and case diameter of the 
                                        replacement well do not exceed 
                                        the pumping capacity and case 
                                        diameter of the well being 
                                        replaced; or
                                    (III) any well constructed outside 
                                the Truxton Basin, and not less than 2 
                                miles from the exterior boundaries of 
                                the Hualapai Reservation, after the 
                                date of the enactment of this title, 
                                subject to the condition that the 
                                authorizations and restrictions 
                                regarding the location, size, and 
                                operation of wells in the Bill Williams 
                                River watershed set forth in the Bill 
                                Williams agreements and the Bill 
                                Williams Act, and the waivers of claims 
                                in the Bill Williams agreements and the 
                                Bill Williams Act, shall continue to 
                                apply to the parties to the Bill 
                                Williams agreements, notwithstanding 
                                the provisions of this subsection; and
                            (ix) claims for injury to water rights 
                        arising after the Enforceability Date, for 
                        Hualapai land, resulting from the off-
                        reservation diversion or use of groundwater in 
                        the Truxton Basin from--
                                    (I) any well constructed within the 
                                Truxton Basin for domestic purposes or 
                                stock watering--
                                            (aa) on or before the date 
                                        on which the Secretary provides 
                                        written notice to the State 
                                        pursuant to section 515(c)(2); 
                                        or
                                            (bb) after the date on 
                                        which the Secretary provides 
                                        written notice to the State 
                                        pursuant to that section if--

                                                    (AA) the well was 
                                                constructed to replace 
                                                a well in existence on 
                                                the date on which the 
                                                notice was provided;

                                                    (BB) the 
                                                replacement well was 
                                                constructed within 660 
                                                feet of the well being 
                                                replaced; and

                                                    (CC) the pumping 
                                                capacity and case 
                                                diameter of the 
                                                replacement well do not 
                                                exceed the pumping 
                                                capacity and case 
                                                diameter of the well 
                                                being replaced; and

                                    (II) any well constructed within 
                                the Truxton Basin for purposes other 
                                than domestic purposes or stock 
                                watering--
                                            (aa) on or before the date 
                                        of the enactment of this title;
                                            (bb) after the date of the 
                                        enactment of this title if the 
                                        Secretary has not provided 
                                        written notice to the State 
                                        pursuant to section 515(c)(2); 
                                        or
                                            (cc) after the date of the 
                                        enactment of this title if the 
                                        Secretary has provided written 
                                        notice to the State pursuant to 
                                        section 515(c)(2) and if--

                                                    (AA) the well was 
                                                constructed to replace 
                                                a well in existence on 
                                                the on which date the 
                                                notice was provided;

                                                    (BB) the 
                                                replacement well was 
                                                constructed within 660 
                                                feet of the well being 
                                                replaced; and

                                                    (CC) the pumping 
                                                capacity and case 
                                                diameter of the 
                                                replacement well do not 
                                                exceed the pumping 
                                                capacity and case 
                                                diameter of the well 
                                                being replaced.

                    (B) Effective date.--The waiver and release of 
                claims described in subparagraph (A) shall take effect 
                on the Enforceability Date.
                    (C) Reservation of rights and retention of 
                claims.--Notwithstanding the waiver and release of 
                claims described in subparagraph (A), the Hualapai 
                Tribe, acting on behalf of the Hualapai Tribe and the 
                members of the Hualapai Tribe, and the United States, 
                acting as trustee for the Hualapai Tribe and the 
                members of the Hualapai Tribe (but not members in the 
                capacity of the members as allottees), shall retain any 
                right--
                            (i) subject to subparagraph 12.7 of the 
                        Hualapai Tribe water rights settlement 
                        agreement, to assert claims for injuries to, 
                        and seek enforcement of, the rights of the 
                        Hualapai Tribe under the Hualapai Tribe water 
                        rights settlement agreement or this title in 
                        any Federal or State court of competent 
                        jurisdiction;
                            (ii) to assert claims for injuries to, and 
                        seek enforcement of, the rights of the Hualapai 
                        Tribe under any judgment or decree approving or 
                        incorporating the Hualapai Tribe water rights 
                        settlement agreement;
                            (iii) to assert claims for water rights 
                        based on State law for land owned or acquired 
                        by the Hualapai Tribe in fee, under 
                        subparagraph 4.8 of the Hualapai Tribe water 
                        rights settlement agreement;
                            (iv) to object to any claims for water 
                        rights or injury to water rights by or for any 
                        Indian Tribe or the United States, acting on 
                        behalf of any Indian Tribe;
                            (v) to assert past, present, or future 
                        claims for injury to water rights against any 
                        Indian Tribe or the United States, acting on 
                        behalf of any Indian Tribe;
                            (vi) to assert claims for injuries to, and 
                        seek enforcement of, the rights of the Hualapai 
                        Tribe under the Bill Williams agreements or the 
                        Bill Williams Act in any Federal or State court 
                        of competent jurisdiction;
                            (vii) subject to paragraphs (1), (3), (4), 
                        and (5) of section 505(e), to assert the rights 
                        of the Hualapai Tribe under any Colorado River 
                        water entitlement purchased by or donated to 
                        the Hualapai Tribe; and
                            (viii) to assert claims for injury to water 
                        rights arising after the Enforceability Date 
                        for Hualapai land resulting from any off-
                        reservation diversion or use of groundwater, 
                        without regard to quantity, from--
                                    (I) any well constructed after the 
                                date of the enactment of this Act 
                                outside of the Truxton Basin and not 
                                more than 2 miles from the exterior 
                                boundaries of the Hualapai Reservation, 
                                except a replacement well described in 
                                subparagraph (A)(viii)(II), subject to 
                                the authorizations and restrictions 
                                regarding the location, size, and 
                                operation of wells in the Bill Williams 
                                River watershed, and the waivers of 
                                claims, set forth in the Bill Williams 
                                agreements and the Bill Williams Act;
                                    (II) any well constructed within 
                                the Truxton Basin for domestic purposes 
                                or stock watering after the date on 
                                which the Secretary has provided 
                                written notice to the State pursuant to 
                                section 515(c)(2), except for a 
                                replacement well described in 
                                subparagraph (A)(ix)(I)(bb); and
                                    (III) any well constructed within 
                                the Truxton Basin for purposes other 
                                than domestic purposes or stock 
                                watering after the date of the 
                                enactment of this Act, if the Secretary 
                                has provided notice to the State 
                                pursuant to section 515(c)(2), except 
                                for a replacement well as described in 
                                subparagraph (A)(ix)(II)(cc).
            (2) Claims against united states.--
                    (A) In general.--Except as provided in subparagraph 
                (C), the Hualapai Tribe, acting on behalf of the 
                Hualapai Tribe and the members of the Hualapai Tribe 
                (but not members in the capacity of the members as 
                allottees) as part of the performance of the 
                obligations of the Hualapai Tribe under the Hualapai 
                Tribe water rights settlement agreement and this title, 
                is authorized to execute a waiver and release of all 
                claims against the United States, including agencies, 
                officials, and employees of the United States, under 
                Federal, State, or other law for all--
                            (i) past, present, and future claims for 
                        water rights, including rights to Colorado 
                        River water, for Hualapai land, arising from 
                        time immemorial and, thereafter, forever;
                            (ii) past, present, and future claims for 
                        water rights, including rights to Colorado 
                        River water, arising from time immemorial and, 
                        thereafter, forever, that are based on the 
                        aboriginal occupancy of land by the Hualapai 
                        Tribe, the predecessors of the Hualapai Tribe, 
                        the members of the Hualapai Tribe, or 
                        predecessors of the members of the Hualapai 
                        Tribe;
                            (iii) past and present claims relating in 
                        any manner to damages, losses, or injury to 
                        water rights (including injury to rights to 
                        Colorado River water), land, or other resources 
                        due to loss of water or water rights (including 
                        damages, losses, or injuries to hunting, 
                        fishing, gathering, or cultural rights due to 
                        loss of water or water rights, claims relating 
                        to interference with, diversion, or taking of 
                        water, or claims relating to the failure to 
                        protect, acquire, or develop water, water 
                        rights, or water infrastructure) within the 
                        State that first accrued at any time prior to 
                        the Enforceability Date;
                            (iv) past and present claims for injury to 
                        water rights, including injury to rights to 
                        Colorado River water, for Hualapai land, 
                        arising from time immemorial through the 
                        Enforceability Date;
                            (v) past, present, and future claims for 
                        injury to water rights, including injury to 
                        rights to Colorado River water, arising from 
                        time immemorial and, thereafter, forever, that 
                        are based on the aboriginal occupancy of land 
                        by the Hualapai Tribe, the predecessors of the 
                        Hualapai Tribe, the members of the Hualapai 
                        Tribe, or predecessors of the members of the 
                        Hualapai Tribe;
                            (vi) claims for injury to water rights, 
                        including injury to rights to Colorado River 
                        water, arising after the Enforceability Date 
                        for Hualapai land, resulting from the off-
                        reservation diversion or use of surface water, 
                        Colorado River water, or effluent in a manner 
                        not in violation of the Hualapai Tribe water 
                        rights settlement agreement or State law;
                            (vii) past, present, and future claims 
                        arising out of, or relating in any manner to, 
                        the negotiation, execution, or adoption of the 
                        Hualapai Tribe water rights settlement 
                        agreement, any judgment or decree approving or 
                        incorporating the Hualapai Tribe water rights 
                        settlement agreement, or this title;
                            (viii) claims for injury to water rights 
                        arising after the Enforceability Date for 
                        Hualapai land resulting from the off-
                        Reservation diversion or use of groundwater 
                        from--
                                    (I) any well constructed on public 
                                domain land outside of the Truxton 
                                Basin on or before the date of the 
                                enactment of this title;
                                    (II) any well constructed on public 
                                domain land outside of the Truxton 
                                Basin, and not more than 2 miles from 
                                the exterior boundaries of the Hualapai 
                                Reservation, after the date of the 
                                enactment of this title if--
                                            (aa) the well was 
                                        constructed to replace a well 
                                        in existence on the date of the 
                                        enactment of this title;
                                            (bb) the replacement well 
                                        was constructed within 660 feet 
                                        of the well being replaced; and
                                            (cc) the pumping capacity 
                                        and case diameter of the 
                                        replacement well do not exceed 
                                        the pumping capacity and case 
                                        diameter of the well being 
                                        replaced; or
                                    (III) any well constructed on 
                                public domain land outside of the 
                                Truxton Basin, and not less than 2 
                                miles from the exterior boundaries of 
                                the Hualapai Reservation, after the 
                                date of the enactment of this Act, 
                                subject to the condition that the 
                                authorizations and restrictions 
                                regarding the location, size, and 
                                operation of wells in the Bill Williams 
                                River watershed set forth in the Bill 
                                Williams agreements and the Bill 
                                Williams Act, and the waivers of claims 
                                in the Bill Williams agreements and the 
                                Bill Williams Act, shall continue to 
                                apply to the parties to the Bill 
                                Williams agreements, notwithstanding 
                                the provisions of this subsection; and
                            (ix) claims for injury to water rights 
                        arising after the Enforceability Date for 
                        Hualapai land resulting from the off-
                        reservation diversion or use of groundwater in 
                        the Truxton Basin from--
                                    (I) any well constructed on public 
                                domain land within the Truxton Basin 
                                for domestic purposes or stock 
                                watering--
                                            (aa) on or before the date 
                                        on which the Secretary provides 
                                        written notice to the State 
                                        pursuant to section 515(c)(2); 
                                        or
                                            (bb) after the date on 
                                        which the Secretary provides 
                                        written notice to the State 
                                        pursuant to that section if--

                                                    (AA) the well was 
                                                constructed to replace 
                                                a well in existence on 
                                                the date on which the 
                                                notice was provided;

                                                    (BB) the 
                                                replacement well was 
                                                constructed within 660 
                                                feet of the well being 
                                                replaced; and

                                                    (CC) the pumping 
                                                capacity and case 
                                                diameter of the 
                                                replacement well do not 
                                                exceed the pumping 
                                                capacity and case 
                                                diameter of the well 
                                                being replaced; and

                                    (II) any well constructed on public 
                                domain land within the Truxton Basin 
                                for purposes other than domestic 
                                purposes or stock watering--
                                            (aa) on or before the date 
                                        of the enactment of this title;
                                            (bb) after the date of the 
                                        enactment of this title if the 
                                        Secretary has not provided 
                                        written notice to the State 
                                        pursuant to section 515(c)(2); 
                                        or
                                            (cc) after the date of the 
                                        enactment of this title if the 
                                        Secretary has provided written 
                                        notice to the State pursuant to 
                                        section 515(c)(2) and if--

                                                    (AA) the well was 
                                                constructed to replace 
                                                a well in existence on 
                                                the date on which the 
                                                notice was provided;

                                                    (BB) the 
                                                replacement well was 
                                                constructed within 660 
                                                feet of the well being 
                                                replaced; and

                                                    (CC) the pumping 
                                                capacity and case 
                                                diameter of the 
                                                replacement well do not 
                                                exceed the pumping 
                                                capacity and case 
                                                diameter of the well 
                                                being replaced.

                    (B) Effective date.--The waiver and release of 
                claims described in subparagraph (A) shall take effect 
                on the Enforceability Date.
                    (C) Retention of claims.--Notwithstanding the 
                waiver and release of claims described in subparagraph 
                (A), the Hualapai Tribe and the members of the Hualapai 
                Tribe (but not members in the capacity of the members 
                as allottees) shall retain any right--
                            (i) subject to subparagraph 12.7 of the 
                        Hualapai Tribe water rights settlement 
                        agreement, to assert claims for injuries to, 
                        and seek enforcement of, the rights of the 
                        Hualapai Tribe under the Hualapai Tribe water 
                        rights settlement agreement or this title in 
                        any Federal or State court of competent 
                        jurisdiction;
                            (ii) to assert claims for injuries to, and 
                        seek enforcement of, the rights of the Hualapai 
                        Tribe under any judgment or decree approving or 
                        incorporating the Hualapai Tribe water rights 
                        settlement agreement;
                            (iii) to assert claims for water rights 
                        based on State law for land owned or acquired 
                        by the Hualapai Tribe in fee under subparagraph 
                        4.8 of the Hualapai Tribe water rights 
                        settlement agreement;
                            (iv) to object to any claims for water 
                        rights or injury to water rights by or for any 
                        Indian Tribe or the United States, acting on 
                        behalf of any Indian Tribe;
                            (v) to assert past, present, or future 
                        claims for injury to water rights against any 
                        Indian Tribe or the United States, acting on 
                        behalf of any Indian Tribe;
                            (vi) to assert claims for injuries to, and 
                        seek enforcement of, the rights of the Hualapai 
                        Tribe under the Bill Williams agreements or the 
                        Bill Williams Act in any Federal or State court 
                        of competent jurisdiction;
                            (vii) subject to paragraphs (1), (3), (4), 
                        and (5) of section 505(e), to assert the rights 
                        of the Hualapai Tribe under any Colorado River 
                        water entitlement purchased by or donated to 
                        the Hualapai Tribe; and
                            (viii) to assert any claims for injury to 
                        water rights arising after the Enforceability 
                        Date for Hualapai land resulting from any off-
                        reservation diversion or use of groundwater, 
                        without regard to quantity, from--
                                    (I) any well constructed after the 
                                date of the enactment of this title on 
                                public domain land outside of the 
                                Truxton Basin and not more than 2 miles 
                                from the exterior boundaries of the 
                                Hualapai Reservation, except for a 
                                replacement well described in 
                                subparagraph (A)(viii)(II), subject to 
                                the authorizations and restrictions 
                                regarding the location, size, and 
                                operation of wells in the Bill Williams 
                                River watershed, and the waivers of 
                                claims, set forth in the Bill Williams 
                                agreements and the Bill Williams Act;
                                    (II) any well constructed on public 
                                domain land within the Truxton Basin 
                                for domestic purposes or stock watering 
                                after the date on which the Secretary 
                                has provided written notice to the 
                                State pursuant to section 515(c)(2), 
                                except for a replacement well described 
                                in subparagraph (A)(ix)(I)(bb); and
                                    (III) any well constructed on 
                                public domain land within the Truxton 
                                Basin for purposes other than domestic 
                                purposes or stock watering after the 
                                date of the enactment of this title, if 
                                the Secretary has provided notice to 
                                the State pursuant to section 
                                515(c)(2), except for a replacement 
                                well as described in subparagraph 
                                (A)(ix)(II)(cc).
    (b) Waivers and Releases of Claims by United States, Acting as 
Trustee for Allottees.--
            (1) In general.--Except as provided in paragraph (3), the 
        United States, acting as trustee for the allottees of the 
        Hualapai Tribe, as part of the performance of the obligations 
        of the United States under the Hualapai Tribe water rights 
        settlement agreement and this title, is authorized to execute a 
        waiver and release of any claims against the State (or any 
        agency or political subdivision of the State), the Hualapai 
        Tribe, and any other individual, entity, corporation, or 
        municipal corporation under Federal, State, or other law, for 
        all--
                    (A) past, present, and future claims for water 
                rights, including rights to Colorado River water, for 
                the allotments, arising thereafter, forever, that are 
                based on the aboriginal occupancy of land by the 
                allottees or predecessors of the allottees from time 
                immemorial and, thereafter, forever;
                    (B) past, present, and future claims for water 
                rights, including rights to Colorado River water, 
                arising from time immemorial and,
                    (C) past and present claims for injury to water 
                rights, including injury to rights to Colorado River 
                water, for the allotments, arising from time immemorial 
                through the Enforceability Date;
                    (D) past, present, and future claims for injury to 
                water rights, if any, including injury to rights to 
                Colorado River water, arising from time immemorial and, 
                thereafter, forever, that are based on the aboriginal 
                occupancy of land by the allottees or predecessors of 
                the allottees;
                    (E) claims for injury to water rights, including 
                injury to rights to Colorado River water, arising after 
                the Enforceability Date, for the allotments, resulting 
                from the off-reservation diversion or use of water in a 
                manner not in violation of the Hualapai Tribe water 
                rights settlement agreement or State law;
                    (F) past, present, and future claims arising out 
                of, or relating in any manner to, the negotiation, 
                execution, or adoption of the Hualapai Tribe water 
                rights settlement agreement, any judgment or decree 
                approving or incorporating the Hualapai Tribe water 
                rights settlement agreement, or this title; and
                    (G) claims for any water rights of the allottees or 
                the United States acting as trustee for the allottees 
                with respect to--
                            (i) Parcel 1, in excess of 82 AFY; or
                            (ii) Parcel 2, in excess of 312 AFY.
            (2) Effective date.--The waiver and release of claims under 
        paragraph (1) shall take effect on the Enforceability Date.
            (3) Retention of claims.--Notwithstanding the waiver and 
        release of claims described in paragraph (1), the United 
        States, acting as trustee for the allottees of the Hualapai 
        Tribe, shall retain any right--
                    (A) subject to subparagraph 12.7 of the Hualapai 
                Tribe water rights settlement agreement, to assert 
                claims for injuries to, and seek enforcement of, the 
                rights of the allottees, if any, under the Hualapai 
                Tribe water rights settlement agreement or this title 
                in any Federal or State court of competent 
                jurisdiction;
                    (B) to assert claims for injuries to, and seek 
                enforcement of, the rights of the allottees under any 
                judgment or decree approving or incorporating the 
                Hualapai Tribe water rights settlement agreement;
                    (C) to object to any claims for water rights or 
                injury to water rights by or for--
                            (i) any Indian Tribe other than the 
                        Hualapai Tribe; or
                            (ii) the United States, acting on behalf of 
                        any Indian Tribe other than the Hualapai Tribe;
                    (D) to assert past, present, or future claims for 
                injury to water rights against--
                            (i) any Indian Tribe other than the 
                        Hualapai Tribe; or
                            (ii) the United States, acting on behalf of 
                        any Indian Tribe other than the Hualapai Tribe; 
                        and
                    (E) to assert claims for injuries to, and seek 
                enforcement of, the rights of the allottees under the 
                Bill Williams agreements or the Bill Williams Act in 
                any Federal or State court of competent jurisdiction.
    (c) Waiver and Release of Claims by United States Against Hualapai 
Tribe.--
            (1) In general.--Except as provided in paragraph (3), the 
        United States, in all capacities (except as trustee for an 
        Indian Tribe other than the Hualapai Tribe), as part of the 
        performance of the obligations of the United States under the 
        Hualapai Tribe water rights settlement agreement and this 
        title, is authorized to execute a waiver and release of all 
        claims against the Hualapai Tribe, the members of the Hualapai 
        Tribe, or any agency, official, or employee of the Hualapai 
        Tribe, under Federal, State or any other law for all--
                    (A) past and present claims for injury to water 
                rights, including injury to rights to Colorado River 
                water, resulting from the diversion or use of water on 
                Hualapai land arising from time immemorial through the 
                Enforceability Date;
                    (B) claims for injury to water rights, including 
                injury to rights to Colorado River water, arising after 
                the Enforceability Date, resulting from the diversion 
                or use of water on Hualapai land in a manner that is 
                not in violation of the Hualapai Tribe water rights 
                settlement agreement or State law; and
                    (C) past, present, and future claims arising out 
                of, or related in any manner to, the negotiation, 
                execution, or adoption of the Hualapai Tribe water 
                rights settlement agreement, any judgment or decree 
                approving or incorporating the Hualapai Tribe water 
                rights settlement agreement, or this title.
            (2) Effective date.--The waiver and release of claims under 
        paragraph (1) shall take effect on the Enforceability Date.
            (3) Retention of claims.--Notwithstanding the waiver and 
        release of claims described in paragraph (1), the United States 
        shall retain any right to assert any claim not expressly waived 
        in accordance with that paragraph, including any right to 
        assert a claim for injury to, and seek enforcement of, any 
        right of the United States under the Bill Williams agreements 
        or the Bill Williams Act, in any Federal or State court of 
        competent jurisdiction.
    (d) Bill Williams River Phase 2 Water Rights Settlement Agreement 
Waiver, Release, and Retention of Claims.--
            (1) Claims against freeport.--
                    (A) In general.--Except as provided in subparagraph 
                (C), the United States, acting solely on behalf of the 
                Department of the Interior (including the Bureau of 
                Land Management and the United States Fish and Wildlife 
                Service), as part of the performance of the obligations 
                of the United States under the Bill Williams River 
                phase 2 water rights settlement agreement, is 
                authorized to execute a waiver and release of all 
                claims of the United States against Freeport under 
                Federal, State, or any other law for--
                            (i) any past or present claim for injury to 
                        water rights resulting from--
                                    (I) the diversion or use of water 
                                by Freeport pursuant to the water 
                                rights described in Exhibit 4.1(ii) to 
                                the Bill Williams River phase 2 water 
                                rights settlement agreement; and
                                    (II) any other diversion or use of 
                                water for mining purposes authorized by 
                                the Bill Williams River phase 2 water 
                                rights settlement agreement;
                            (ii) any claim for injury to water rights 
                        arising after the Bill Williams River Phase 2 
                        Enforceability Date resulting from--
                                    (I) the diversion or use of water 
                                by Freeport pursuant to the water 
                                rights described in Exhibit 4.1(ii) to 
                                the Bill Williams River phase 2 water 
                                rights settlement agreement in a manner 
                                not in violation of the Bill Williams 
                                River phase 2 water rights settlement 
                                agreement;
                                    (II) the diversion of up to 2,500 
                                AFY of water by Freeport from Sycamore 
                                Creek as permitted by section 4.3(iv) 
                                of the Bill Williams River phase 2 
                                water rights settlement agreement; and
                                    (III) any other diversion or use of 
                                water by Freeport authorized by the 
                                Bill Williams River phase 2 water 
                                rights settlement agreement, subject to 
                                the condition that such a diversion and 
                                use of water is conducted in a manner 
                                not in violation of the Bill Williams 
                                River phase 2 water rights settlement 
                                agreement; and
                            (iii) any past, present, or future claim 
                        arising out of, or relating in any manner to, 
                        the negotiation or execution of the Bill 
                        Williams River phase 2 water rights settlement 
                        agreement, the Hualapai Tribe water rights 
                        settlement agreement, or this title.
                    (B) Effective date.--The waiver and release of 
                claims under subparagraph (A) shall take effect on the 
                Bill Williams River Phase 2 Enforceability Date.
                    (C) Retention of claims.--The United States shall 
                retain all rights not expressly waived in the waiver 
                and release of claims under subparagraph (A), 
                including, subject to section 6.4 of the Bill Williams 
                River phase 2 water rights settlement agreement, the 
                right to assert a claim for injury to, and seek 
                enforcement of, the Bill Williams River phase 2 water 
                rights settlement agreement or this title, in any 
                Federal or State court of competent jurisdiction (but 
                not a Tribal court).
            (2) No precedential effect.--
                    (A) Pending and future proceedings.--The Bill 
                Williams River phase 2 water rights settlement 
                agreement shall have no precedential effect in any 
                other administrative or judicial proceeding, 
                including--
                            (i) any pending or future general stream 
                        adjudication, or any other litigation involving 
                        Freeport or the United States, including any 
                        proceeding to establish or quantify a Federal 
                        reserved water right;
                            (ii) any pending or future administrative 
                        or judicial proceeding relating to an 
                        application--
                                    (I) to appropriate water (for 
                                instream flow or other purposes);
                                    (II) to sever and transfer a water 
                                right;
                                    (III) to change a point of 
                                diversion; or
                                    (IV) to change a place of use for 
                                any water right; and
                            (iii) any proceeding regarding water rights 
                        or a claim relating to any Federal land.
                    (B) No methodology or standard.--Nothing in the 
                Bill Williams River phase 2 water rights settlement 
                agreement establishes any standard or methodology to be 
                used for the quantification of any claim to water 
                rights (whether based on Federal or State law) in any 
                judicial or administrative proceeding, other than a 
                proceeding to enforce the terms of the Bill Williams 
                River phase 2 water rights settlement agreement.

SEC. 510. SATISFACTION OF WATER RIGHTS AND OTHER BENEFITS.

    (a) Hualapai Tribe and Members.--
            (1) In general.--The benefits realized by the Hualapai 
        Tribe and the members of the Hualapai Tribe (but not members in 
        the capacity of the members as allottees) under the Hualapai 
        Tribe water rights settlement agreement, this title, the Bill 
        Williams agreements, and the Bill Williams Act shall be in full 
        satisfaction of all claims of the Hualapai Tribe, the members 
        of the Hualapai Tribe, and the United States, acting in the 
        capacity of the United States as trustee for the Hualapai Tribe 
        and the members of the Hualapai Tribe, for water rights and 
        injury to water rights under Federal, State, or other law with 
        respect to Hualapai land.
            (2) Satisfaction.--Any entitlement to water of the Hualapai 
        Tribe and the members of the Hualapai Tribe (but not members in 
        the capacity of the members as allottees) or the United States, 
        acting in the capacity of the United States as trustee for the 
        Hualapai Tribe and the members of the Hualapai Tribe (but not 
        members in the capacity of the members as allottees), for 
        Hualapai land shall be satisfied out of the water resources and 
        other benefits granted, confirmed, quantified, or recognized by 
        the Hualapai Tribe water rights settlement agreement, this 
        title, the Bill Williams agreements, and the Bill Williams Act 
        to or for the Hualapai Tribe, the members of the Hualapai Tribe 
        (but not members in the capacity of the members as allottees), 
        and the United States, acting in the capacity of the United 
        States as trustee for the Hualapai Tribe and the members of the 
        Hualapai Tribe (but not members in the capacity of the members 
        as allottees).
    (b) Allottee Water Claims.--
            (1) In general.--The benefits realized by the allottees of 
        the Hualapai Tribe under the Hualapai Tribe water rights 
        settlement agreement, this title, the Bill Williams agreements, 
        and the Bill Williams Act shall be in complete replacement of 
        and substitution for, and full satisfaction of, all claims with 
        respect to allotments of the allottees and the United States, 
        acting in the capacity of the United States as trustee for the 
        allottees, for water rights and injury to water rights under 
        Federal, State, or other law.
            (2) Satisfaction.--Any entitlement to water of the 
        allottees or the United States, acting in the capacity of the 
        United States as trustee for the allottees, for allotments 
        shall be satisfied out of the water resources and other 
        benefits granted, confirmed, or recognized by the Hualapai 
        Tribe water rights settlement agreement, this title, the Bill 
        Williams agreements, and the Bill Williams Act to or for the 
        allottees and the United States, acting as trustee for the 
        allottees.
    (c) Effect.--Notwithstanding subsections (a) and (b), nothing in 
this title or the Hualapai Tribe water rights settlement agreement--
            (1) recognizes or establishes any right of a member of the 
        Hualapai Tribe or an allottee to water on Hualapai land; or
            (2) prohibits the Hualapai Tribe or an allottee from 
        acquiring additional water rights by purchase of land, credits, 
        or water rights.

SEC. 511. LAND ADDED TO HUALAPAI RESERVATION.

    The following land in the State is added to the Hualapai 
Reservation:
            (1) Public law 93-560.--The land held in trust by the 
        United States for the Hualapai Tribe pursuant to the first 
        section of Public Law 93-560 (88 Stat. 1820).
            (2) 1947 judgment.--The land deeded to the United States in 
        the capacity of the United States as trustee for the Hualapai 
        Tribe pursuant to the 1947 judgment.
            (3) Truxton triangle.--That portion of the S1/2 sec. 3, 
        lying south of the south boundary of the Hualapai Reservation 
        and north of the north right-of-way boundary of Arizona Highway 
        66, and bounded by the west section line of that sec. 3 and the 
        south section line of that sec. 3, T. 24 N., R. 12 W., Gila and 
        Salt River Base and Meridian, Mohave County, Arizona.
            (4) Hunt parcel 4.--SW1/4NE1/4 sec. 7, T. 25 N., R. 13 W., 
        Gila and Salt River Base and Meridian, Mohave County, Arizona.
            (5) Hunt parcels 1 and 2.--In T. 26 N., R. 14 W., Gila and 
        Salt River Base and Meridian, Mohave County, Arizona--
                    (A) NE1/4SW1/4 sec. 9; and
                    (B) NW1/4SE1/4 sec. 27.
            (6) Hunt parcel 3.--SW1/4NE1/4 sec. 25, T. 27 N., R. 15 W., 
        Gila and Salt River Base and Meridian, Mohave County, Arizona.
            (7) Hunt parcel 5.--In sec. 1, T. 25 N., R. 14 W., Gila and 
        Salt River Base and Meridian, Mohave County, Arizona--
                    (A) SE1/4;
                    (B) E1/2 SW1/4; and
                    (C) SW1/4 SW1/4.
            (8) Valentine cemetery parcel.--W1/2 NW1/4 SW1/4 sec. 22, 
        T. 23 N., R. 13 W., Gila and Salt River Base and Meridian, 
        Mohave County, Arizona, excepting and reserving to the United 
        States a right-of-way for ditches or canals constructed by the 
        authority of the United States, pursuant to the Act of August 
        30, 1890 (43 U.S.C. 945).

SEC. 512. TRUST LAND.

    (a) Land to Be Taken Into Trust.--
            (1) In general.--On the date of the enactment of this Act, 
        the Secretary is authorized and directed to take legal title to 
        the land described in paragraph (2) and hold such land in trust 
        for the benefit of the Hualapai Tribe.
            (2) Cholla canyon ranch parcels.--The land referred to in 
        paragraph (1) is, in T. 16 N., R. 13 W., Gila and Salt River 
        Base and Meridian, Mohave County, Arizona--
                    (A) SW1/4 sec. 25; and
                    (B) NE1/4 and NE1/4 SE1/4 sec. 35.
    (b) Reservation Status.--The land taken into trust under subsection 
(a) shall be part of the Hualapai Reservation and administered in 
accordance with the laws and regulations generally applicable to land 
held in trust by the United States for an Indian Tribe.
    (c) Valid Existing Rights.--The land taken into trust under 
subsection (a) shall be subject to valid existing rights, including 
easements, rights-of-way, contracts, and management agreements.
    (d) Limitations.--Nothing in subsection (a) affects--
            (1) any water right of the Hualapai Tribe in existence 
        under State law before the date of the enactment of this Act; 
        or
            (2) any right or claim of the Hualapai Tribe to any land or 
        interest in land in existence before the date of the enactment 
        of this title.
    (e) Future Trust Land.--
            (1) New statutory requirement.--Effective beginning on the 
        date of the enactment of this title, and except as provided in 
        subsection (a), any land located in the State outside the 
        exterior boundaries of the Hualapai Reservation may only be 
        taken into trust by the United States for the benefit of the 
        Hualapai Tribe by an Act of Congress--
                    (A) that specifically authorizes the transfer of 
                the land for the benefit of the Hualapai Tribe; and
                    (B) the date of the enactment of which is after the 
                date of the enactment of this title.
            (2) Water rights.--Any land taken into trust for the 
        benefit of the Hualapai Tribe under paragraph (1)--
                    (A) shall include water rights only under State 
                law; and
                    (B) shall not include any federally reserved water 
                rights.

SEC. 513. REALLOCATION OF CAP NIA PRIORITY WATER; FIRMING; WATER 
              DELIVERY CONTRACT; COLORADO RIVER ACCOUNTING.

    (a) Reallocation to the Hualapai Tribe.--On the Enforceability 
Date, the Secretary shall reallocate to the Hualapai Tribe the Hualapai 
Tribe CAP water.
    (b) Firming.--
            (1) Hualapai tribe cap water.--Except as provided in 
        subsection (c)(2)(H), the Hualapai Tribe CAP water shall be 
        firmed as follows:
                    (A) In accordance with section 105(b)(1)(B) of the 
                Central Arizona Project Settlement Act of 2004 (Public 
                Law 108-451; 118 Stat. 3492), for the 100-year period 
                beginning on January 1, 2008, the Secretary shall firm 
                557.50 AFY of the Hualapai Tribe CAP water to the 
                equivalent of CAP M&I priority water.
                    (B) In accordance with section 105(b)(2)(B) of the 
                Central Arizona Project Settlement Act of 2004 (Public 
                Law 108-451; 118 Stat. 3492), for the 100-year period 
                beginning on January 1, 2008, the State shall firm 
                557.50 AFY of the Hualapai Tribe CAP water to the 
                equivalent of CAP M&I priority water.
            (2) Additional firming.--The Hualapai Tribe may, at the 
        expense of the Hualapai Tribe, take additional actions to firm 
        or supplement the Hualapai Tribe CAP water, including by 
        entering into agreements for that purpose with the Central 
        Arizona Water Conservation District, the Arizona Water Banking 
        Authority, or any other lawful authority, in accordance with 
        State law.
    (c) Hualapai Tribe Water Delivery Contract.--
            (1) In general.--In accordance with the Hualapai Tribe 
        water rights settlement agreement and the requirements 
        described in paragraph (2), the Secretary shall enter into the 
        Hualapai Tribe water delivery contract.
            (2) Requirements.--The requirements referred to in 
        paragraph (1) are the following:
                    (A) In general.--The Hualapai Tribe water delivery 
                contract shall--
                            (i) be for permanent service (as that term 
                        is used in section 5 of the Boulder Canyon 
                        Project Act (43 U.S.C. 617d));
                            (ii) take effect on the Enforceability 
                        Date; and
                            (iii) be without limit as to term.
                    (B) Hualapai tribe cap water.--
                            (i) In general.--The Hualapai Tribe CAP 
                        water may be delivered for use in the lower 
                        basin in the State through--
                                    (I) the Hualapai Water Project; or
                                    (II) the CAP system.
                            (ii) Method of delivery.--The Secretary 
                        shall authorize the delivery of Hualapai Tribe 
                        CAP water under this subparagraph to be 
                        effected by the diversion and use of water 
                        directly from the Colorado River in the State.
                    (C) Contractual delivery.--The Secretary shall 
                deliver the Hualapai Tribe CAP water to the Hualapai 
                Tribe in accordance with the terms and conditions of 
                the Hualapai Tribe water delivery contract.
                    (D) Distribution of cap nia priority water.--
                            (i) In general.--Except as provided in 
                        clause (ii), if, for any year, the available 
                        CAP supply is insufficient to meet all demands 
                        under CAP contracts and CAP subcontracts for 
                        the delivery of CAP NIA priority water, the 
                        Secretary and the CAP operating agency shall 
                        prorate the available CAP NIA priority water 
                        among the CAP contractors and CAP 
                        subcontractors holding contractual entitlements 
                        to CAP NIA priority water on the basis of the 
                        quantity of CAP NIA priority water used by each 
                        such CAP contractor and CAP subcontractor in 
                        the last year in which the available CAP supply 
                        was sufficient to fill all orders for CAP NIA 
                        priority water.
                            (ii) Exception.--
                                    (I) In general.--Notwithstanding 
                                clause (i), if the available CAP supply 
                                is insufficient to meet all demands 
                                under CAP contracts and CAP 
                                subcontracts for the delivery of CAP 
                                NIA priority water in the year 
                                following the year in which the 
                                Enforceability Date occurs, the 
                                Secretary shall assume that the 
                                Hualapai Tribe used the full volume of 
                                Hualapai Tribe CAP water in the last 
                                year in which the available CAP supply 
                                was sufficient to fill all orders for 
                                CAP NIA priority water.
                                    (II) Continuation.--The assumption 
                                described in subclause (I) shall 
                                continue until the available CAP supply 
                                is sufficient to meet all demands under 
                                CAP contracts and CAP subcontracts for 
                                the delivery of CAP NIA priority water.
                                    (III) Determination.--The Secretary 
                                shall determine the quantity of CAP NIA 
                                priority water used by the Gila River 
                                Indian Community and the Tohono O'odham 
                                Nation in the last year in which the 
                                available CAP supply was sufficient to 
                                fill all orders for CAP NIA priority 
                                water in a manner consistent with the 
                                settlement agreements with those 
                                Tribes.
                    (E) Leases and exchanges of hualapai tribe cap 
                water.--On and after the date on which the Hualapai 
                Tribe water delivery contract becomes effective, the 
                Hualapai Tribe may, with the approval of the Secretary, 
                enter into contracts or options to lease, or contracts 
                or options to exchange, the Hualapai Tribe CAP water 
                within the lower basin in the State, and not in Navajo, 
                Apache, or Cochise counties, providing for the 
                temporary delivery to other persons of any portion of 
                Hualapai Tribe CAP water.
                    (F) Term of leases and exchanges.--
                            (i) Leasing.--Contracts or options to lease 
                        under subparagraph (E) shall be for a term of 
                        not more than 100 years.
                            (ii) Exchanging.--Contracts or options to 
                        exchange under subparagraph (E) shall be for 
                        the term provided for in the contract or 
                        option, as applicable.
                            (iii) Renegotiation.--The Hualapai Tribe 
                        may, with the approval of the Secretary, 
                        renegotiate any lease described in subparagraph 
                        (E), at any time during the term of the lease, 
                        if the term of the renegotiated lease does not 
                        exceed 100 years.
                    (G) Prohibition on permanent alienation.--No 
                Hualapai Tribe CAP water may be permanently alienated.
                    (H) No firming of leased water.--The firming 
                obligations described in subsection (b)(1) shall not 
                apply to any Hualapai Tribe CAP water leased by the 
                Hualapai Tribe to another person.
                    (I) Entitlement to lease and exchange funds; 
                obligations of united states.--
                            (i) Entitlement.--
                                    (I) In general.--The Hualapai Tribe 
                                shall be entitled to all consideration 
                                due to the Hualapai Tribe under any 
                                contract to lease, option to lease, 
                                contract to exchange, or option to 
                                exchange the Hualapai Tribe CAP water 
                                entered into by the Hualapai Tribe.
                                    (II) Exclusion.--The United States 
                                shall not, in any capacity, be entitled 
                                to the consideration described in 
                                subclause (I).
                            (ii) Obligations of united states.--The 
                        United States shall not, in any capacity, have 
                        any trust or other obligation to monitor, 
                        administer, or account for, in any manner, any 
                        funds received by the Hualapai Tribe as 
                        consideration under any contract to lease, 
                        option to lease, contract to exchange, or 
                        option to exchange the Hualapai Tribe CAP water 
                        entered into by the Hualapai Tribe, except in a 
                        case in which the Hualapai Tribe deposits the 
                        proceeds of any lease, option to lease, 
                        contract to exchange, or option to exchange 
                        into an account held in trust for the Hualapai 
                        Tribe by the United States.
                    (J) Water use and storage.--
                            (i) In general.--The Hualapai Tribe may use 
                        the Hualapai Tribe CAP water on or off the 
                        Hualapai Reservation within the lower basin in 
                        the State for any purpose.
                            (ii) Storage.--The Hualapai Tribe, in 
                        accordance with State law, may store the 
                        Hualapai Tribe CAP water at 1 or more 
                        underground storage facilities or groundwater 
                        savings facilities, subject to the condition 
                        that, if the Hualapai Tribe stores Hualapai 
                        Tribe CAP water that has been firmed pursuant 
                        to subsection (b)(1), the stored water may only 
                        be--
                                    (I) used by the Hualapai Tribe; or
                                    (II) exchanged by the Hualapai 
                                Tribe for water that will be used by 
                                the Hualapai Tribe.
                            (iii) Assignment.--The Hualapai Tribe, in 
                        accordance with State law, may assign any long-
                        term storage credit accrued as a result of 
                        storage described in clause (ii), subject to 
                        the condition that the Hualapai Tribe shall not 
                        assign any long-term storage credit accrued as 
                        a result of the storage of Hualapai Tribe CAP 
                        water that has been firmed pursuant to 
                        subsection (b)(1).
                    (K) Use limitation.--The Hualapai Tribe may not 
                use, lease, exchange, forbear, or otherwise transfer 
                any Hualapai Tribe CAP water for use directly or 
                indirectly outside of the lower basin in the State or 
                in Navajo, Apache, or Cochise counties.
                    (L) CAP fixed om&r charges.--
                            (i) In general.--The CAP operating agency 
                        shall be paid the CAP fixed OM&R charges 
                        associated with the delivery of all Hualapai 
                        Tribe CAP water.
                            (ii) Payment of charges.--Except as 
                        provided in subparagraph (O), all CAP fixed 
                        OM&R charges associated with the delivery of 
                        the Hualapai Tribe CAP water to the Hualapai 
                        Tribe shall be paid by--
                                    (I) the Secretary, pursuant to 
                                section 403(f)(2)(A) of the Colorado 
                                River Basin Project Act (43 U.S.C. 
                                1543(f)(2)(A)), subject to the 
                                condition that funds for that payment 
                                are available in the Lower Colorado 
                                River Basin Development Fund; and
                                    (II) if the funds described in 
                                subclause (I) become unavailable, the 
                                Hualapai Tribe.
                    (M) CAP pumping energy charges.--
                            (i) In general.--The CAP operating agency 
                        shall be paid the CAP pumping energy charges 
                        associated with the delivery of Hualapai Tribe 
                        CAP water only in cases in which the CAP system 
                        is used for the delivery of that water.
                            (ii) Payment of charges.--Except for CAP 
                        water not delivered through the CAP system, 
                        which does not incur a CAP pumping energy 
                        charge, or water delivered to other persons as 
                        described in subparagraph (O), any applicable 
                        CAP pumping energy charges associated with the 
                        delivery of the Hualapai Tribe CAP water shall 
                        be paid by the Hualapai Tribe.
                    (N) Waiver of property tax equivalency payments.--
                No property tax or in-lieu property tax equivalency 
                shall be due or payable by the Hualapai Tribe for the 
                delivery of CAP water or for the storage of CAP water 
                in an underground storage facility or groundwater 
                savings facility.
                    (O) Lessee responsibility for charges.--
                            (i) In general.--Any lease or option to 
                        lease providing for the temporary delivery to 
                        other persons of any Hualapai Tribe CAP water 
                        shall require the lessee to pay the CAP 
                        operating agency all CAP fixed OM&R charges and 
                        all CAP pumping energy charges associated with 
                        the delivery of the leased water.
                            (ii) No responsibility for payment.--
                        Neither the Hualapai Tribe nor the United 
                        States in any capacity shall be responsible for 
                        the payment of any charges associated with the 
                        delivery of the Hualapai Tribe CAP water leased 
                        to other persons.
                    (P) Advance payment.--No Hualapai Tribe CAP water 
                shall be delivered unless the CAP fixed OM&R charges 
                and any applicable CAP pumping energy charges 
                associated with the delivery of that water have been 
                paid in advance.
                    (Q) Calculation.--The charges for delivery of the 
                Hualapai Tribe CAP water pursuant to the Hualapai Tribe 
                water delivery contract shall be calculated in 
                accordance with the CAP repayment stipulation.
                    (R) Cap repayment.--For purposes of determining the 
                allocation and repayment of costs of any stages of the 
                CAP system constructed after November 21, 2007, the 
                costs associated with the delivery of the Hualapai 
                Tribe CAP water, regardless of whether the Hualapai 
                Tribe CAP water is delivered for use by the Hualapai 
                Tribe or in accordance with any lease, option to lease, 
                exchange, or option to exchange providing for the 
                delivery to other persons of the Hualapai Tribe CAP 
                water, shall be--
                            (i) nonreimbursable; and
                            (ii) excluded from the repayment obligation 
                        of the Central Arizona Water Conservation 
                        District.
                    (S) Nonreimbursable cap construction costs.--
                            (i) In general.--With respect to the costs 
                        associated with the construction of the CAP 
                        system allocable to the Hualapai Tribe--
                                    (I) the costs shall be 
                                nonreimbursable; and
                                    (II) the Hualapai Tribe shall have 
                                no repayment obligation for the costs.
                            (ii) Capital charges.--No CAP water service 
                        capital charges shall be due or payable for the 
                        Hualapai Tribe CAP water, regardless of whether 
                        the Hualapai Tribe CAP water is delivered--
                                    (I) for use by the Hualapai Tribe; 
                                or
                                    (II) under any lease, option to 
                                lease, exchange, or option to exchange 
                                entered into by the Hualapai Tribe.
    (d) Colorado River Accounting.--All Hualapai Tribe CAP water 
diverted directly from the Colorado River shall be accounted for as 
deliveries of CAP water within the State.

SEC. 514. ENFORCEABILITY DATE.

    (a) In General.--Except as provided in subsection (d), the Hualapai 
Tribe water rights settlement agreement, including the waivers and 
releases of claims described in section 509, shall take effect and be 
fully enforceable on the date on which the Secretary publishes in the 
Federal Register a statement of findings that--
            (1) to the extent the Hualapai Tribe water rights 
        settlement agreement conflicts with this title--
                    (A) the Hualapai Tribe water rights settlement 
                agreement has been revised through an amendment to 
                eliminate the conflict; and
                    (B) the revised Hualapai Tribe water rights 
                settlement agreement, including any exhibits requiring 
                execution by any party to the Hualapai Tribe water 
                rights settlement agreement, has been executed by the 
                required party;
            (2) the waivers and releases of claims described in section 
        509 have been executed by the Hualapai Tribe and the United 
        States;
            (3) the abstracts referred to in subparagraphs 4.8.1.2, 
        4.8.2.1, and 4.8.2.2 of the Hualapai Tribe water rights 
        settlement agreement have been completed by the Hualapai Tribe;
            (4) the full amount described in section 507(a)(1), as 
        adjusted by section 507(b), has been deposited in the Hualapai 
        Water Trust Fund Account;
            (5) the Gila River adjudication decree has been approved by 
        the Gila River adjudication court substantially in the form of 
        the judgment and decree attached to the Hualapai Tribe water 
        rights settlement agreement as Exhibit 3.1.43, as amended to 
        ensure consistency with this title;
            (6) the Secretary has executed the Hualapai Tribe water 
        delivery contract described in section 513(c); and
            (7) the Secretary has issued the record of decision 
        required by section 508(d).
    (b) Repeal on Failure to Meet Enforceability Date.--
            (1) In general.--Except as provided in paragraph (2), if 
        the Secretary fails to publish in the Federal Register a 
        statement of findings under subsection (a) by April 15, 2029, 
        or such alternative later date as may be agreed to by the 
        Hualapai Tribe, the Secretary, and the State--
                    (A) this title is repealed;
                    (B) any action taken by the Secretary and any 
                contract or agreement entered into pursuant to this 
                title shall be void; and
                    (C) any amounts appropriated under section 507, 
                together with any investment earnings on those amounts, 
                less any amounts expended under section 506(a)(4)(B), 
                shall revert immediately to the general fund of the 
                Treasury.
            (2) Severability.--Notwithstanding paragraph (1), if the 
        Secretary fails to publish in the Federal Register a statement 
        of findings under subsection (a) by April 15, 2029, or such 
        alternative later date as may be agreed to by the Hualapai 
        Tribe, the Secretary, and the State, section 511 and 
        subsections (a), (b), (c), and (d) of section 512 shall remain 
        in effect.
    (c) Right to Offset.--If the Secretary has not published in the 
Federal Register the statement of findings under subsection (a) by 
April 15, 2029, or such alternative later date as may be agreed to by 
the Hualapai Tribe, the Secretary, and the State, the United States 
shall be entitled to offset any Federal amounts made available under 
section 506(a)(4)(B) that were used or authorized for any use under 
that section against any claim asserted by the Hualapai Tribe against 
the United States described in section 509(a)(2)(A).
    (d) Bill Williams River Phase 2 Enforceability Date.--
Notwithstanding any other provision of this title, the Bill Williams 
River phase 2 water rights settlement agreement (including the waivers 
and releases described in section 509(d) of this title and section 5 of 
the Bill Williams River phase 2 water rights settlement agreement) 
shall take effect and become enforceable among the parties to the Bill 
Williams River phase 2 water rights settlement agreement on the date on 
which all of the following conditions have occurred:
            (1) The Hualapai Tribe water rights settlement agreement 
        has become enforceable pursuant to subsection (a).
            (2) Freeport has submitted to the Arizona Department of 
        Water Resources a conditional withdrawal of any objection to 
        the Bill Williams River watershed instream flow applications 
        pursuant to section 4.4(i) of the Bill Williams River phase 2 
        water rights settlement agreement, which withdrawal shall take 
        effect on the Bill Williams River Phase 2 Enforceability Date 
        described in this subsection.
            (3) Not later than the Enforceability Date, the Arizona 
        Department of Water Resources has issued an appealable, 
        conditional decision and order for the Bill Williams River 
        watershed instream flow applications pursuant to section 
        4.4(iii) of the Bill Williams River phase 2 water rights 
        settlement agreement, which order shall become nonconditional 
        and effective on the Bill Williams River Phase 2 Enforceability 
        Date described in this subsection.
            (4) The conditional decision and order described in 
        paragraph (3)--
                    (A) becomes final; and
                    (B) is not subject to any further appeal.

SEC. 515. ADMINISTRATION.

    (a) Limited Waiver of Sovereign Immunity.--
            (1) Waiver.--
                    (A) In general.--In any circumstance described in 
                paragraph (2)--
                            (i) the United States or the Hualapai Tribe 
                        may be joined in the action described in the 
                        applicable subparagraph of that paragraph; and
                            (ii) subject to subparagraph (B), any claim 
                        by the United States or the Hualapai Tribe to 
                        sovereign immunity from the action is waived.
                    (B) Limitation.--A waiver under subparagraph 
                (A)(ii)--
                            (i) shall only be for the limited and sole 
                        purpose of the interpretation or enforcement 
                        of--
                                    (I) this title;
                                    (II) the Hualapai Tribe water 
                                rights settlement agreement, as 
                                ratified by this title; or
                                    (III) the Bill Williams River phase 
                                2 water right settlement agreement, as 
                                ratified by this title; and
                            (ii) shall not include any award against 
                        the United States or the Hualapai Tribe for 
                        money damages, court costs, or attorney fees.
            (2) Circumstances described.--A circumstance referred to in 
        paragraph (1)(A) is any of the following:
                    (A) Any party to the Hualapai Tribe water rights 
                settlement agreement--
                            (i) brings an action in any court of 
                        competent jurisdiction relating only and 
                        directly to the interpretation or enforcement 
                        of--
                                    (I) this title; or
                                    (II) the Hualapai Tribe water 
                                rights settlement agreement; and
                            (ii) names the United States or the 
                        Hualapai Tribe as a party in that action.
                    (B) Any landowner or water user in the Verde River 
                Watershed--
                            (i) brings an action in any court of 
                        competent jurisdiction relating only and 
                        directly to the interpretation or enforcement 
                        of--
                                    (I) paragraph 10.0 of the Hualapai 
                                Tribe water rights settlement 
                                agreement;
                                    (II) Exhibit 3.1.43 to the Hualapai 
                                Tribe water rights settlement 
                                agreement; or
                                    (III) section 509; and
                            (ii) names the United States or the 
                        Hualapai Tribe as a party in that action.
                    (C) Any party to the Bill Williams River phase 2 
                settlement agreement--
                            (i) brings an action in any court of 
                        competent jurisdiction relating only and 
                        directly to the interpretation or enforcement 
                        of--
                                    (I) this title; or
                                    (II) the Bill Williams River phase 
                                2 settlement agreement; and
                            (ii) names the United States or the 
                        Hualapai Tribe as a party in that action.
    (b) Effect on Current Law.--Nothing in this section alters the law 
with respect to pre-enforcement review of Federal environmental or 
safety-related enforcement actions.
    (c) Basin Groundwater Withdrawal Estimates.--
            (1) Groundwater withdrawal estimates.--
                    (A) In general.--Not later than 1 year of the date 
                of the enactment of this title, the Secretary, acting 
                through the United States Geological Survey Water Use 
                Program, shall issue an estimate for groundwater 
                withdrawals in the Truxton Basin outside the boundaries 
                of the Hualapai Reservation.
                    (B) Annual estimates.--Each year after publication 
                of the initial estimate required by subparagraph (A), 
                the Secretary, acting through the United States 
                Geological Survey Water Use Program, shall issue an 
                estimate for groundwater withdrawals in the Truxton 
                Basin outside the boundaries of the Hualapai 
                Reservation until such time as the Secretary, after 
                consultation with the Hualapai Tribe, determines that 
                annual estimates are not warranted.
            (2) Notice to the state.--Based on the estimates under 
        paragraph (1), the Secretary shall notify the State, in 
        writing, if the total withdrawal of groundwater from the 
        Truxton Basin outside the boundaries of the Hualapai 
        Reservation exceeds the estimate prepared pursuant to that 
        paragraph by 3,000 or more AFY, exclusive of any diversion or 
        use of groundwater on Hualapai fee land and any land acquired 
        by the Hualapai Tribe, including by a tribally owned 
        corporation, in fee after the Enforceability Date.
    (d) Antideficiency.--Notwithstanding any authorization of 
appropriations to carry out this title, the United States shall not be 
liable for any failure of the United States to carry out any obligation 
or activity authorized by this title (including all agreements or 
exhibits ratified or confirmed by this title) if--
            (1) adequate appropriations are not provided expressly by 
        Congress to carry out the purposes of this title; or
            (2) there are not enough monies available to carry out this 
        title in the Lower Colorado River Basin Development Fund.
    (e) Application of Reclamation Reform Act of 1982.--The Reclamation 
Reform Act of 1982 (43 U.S.C. 390aa et seq.) and any other acreage 
limitation or full-cost pricing provision of Federal law shall not 
apply to any person, entity, or tract of land solely on the basis of--
            (1) receipt of any benefit under this title;
            (2) execution or performance of this title; or
            (3) the use, storage, delivery, lease, or exchange of CAP 
        water.
    (f) Effect.--
            (1) No modification or preemption of other law.--Unless 
        expressly provided in this title, nothing in this title 
        modifies, conflicts with, preempts, or otherwise affects--
                    (A) the Boulder Canyon Project Act (43 U.S.C. 617 
                et seq.);
                    (B) the Boulder Canyon Project Adjustment Act (43 
                U.S.C. 618 et seq.);
                    (C) the Act of April 11, 1956 (commonly known as 
                the ``Colorado River Storage Project Act'') (43 U.S.C. 
                620 et seq.);
                    (D) the Colorado River Basin Project Act (Public 
                Law 90-537; 82 Stat. 885);
                    (E) the Treaty between the United States of America 
                and Mexico respecting utilization of waters of the 
                Colorado and Tijuana Rivers and of the Rio Grande, 
                signed at Washington February 3, 1944 (59 Stat. 1219);
                    (F) the Colorado River Compact;
                    (G) the Upper Colorado River Basin Compact;
                    (H) the Omnibus Public Land Management Act of 2009 
                (Public Law 111-11; 123 Stat. 991); or
                    (I) case law concerning water rights in the 
                Colorado River system other than any case to enforce 
                the Hualapai Tribe water rights settlement agreement or 
                this title.
            (2) Effect on agreements.--Nothing in this title or the 
        Hualapai Tribe water rights settlement agreement limits the 
        right of the Hualapai Tribe to enter into any agreement for the 
        storage or banking of water in accordance with State law with--
                    (A) the Arizona Water Banking Authority (or a 
                successor agency or entity); or
                    (B) any other lawful authority.
            (3) Effect of title.--Nothing in this title--
                    (A) quantifies or otherwise affects the water 
                rights, claims, or entitlements to water of any Indian 
                Tribe other than the Hualapai Tribe;
                    (B) affects the ability of the United States to 
                take action on behalf of any Indian Tribe other than 
                the Hualapai Tribe, the members of the Hualapai Tribe, 
                and the allottees; or
                    (C) limits the right of the Hualapai Tribe to use 
                any water of the Hualapai Tribe in any location on the 
                Hualapai Reservation.

                          TITLE VI--WATER DATA

SEC. 601. DEFINITIONS.

    In this title:
            (1) Advisory committee.--The term ``Advisory Committee'' 
        means the Advisory Committee on Water Information established 
        by section 604(a).
            (2) Council.--The term ``Council'' means the Water Data 
        Council established under section 603(a).
            (3) Data standards.--The term ``data standards'' means 
        standards relating to the manner in which data and metadata are 
        to be structured, populated, and encoded in machine-readable 
        formats, and made interoperable for data exchange.
            (4) Departments.--The term ``Departments'' means each of 
        the following:
                    (A) The Department of Agriculture.
                    (B) The Department of Commerce.
                    (C) The Department of Defense.
                    (D) The Department of Energy.
                    (E) The Department of Health and Human Services.
                    (F) The Department of Homeland Security.
                    (G) The Department of the Interior.
                    (H) The Environmental Protection Agency.
                    (I) The National Aeronautics and Space 
                Administration.
            (5) Indian tribe.--The term ``Indian Tribe'' has the 
        meaning given the term in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 5304).
            (6) National water data framework.--The term ``National 
        Water Data Framework'' means the national water data framework 
        developed under section 602.
            (7) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (8) Water data.--The term ``water data'' means measurements 
        and observations of basic properties relating to the planning 
        and management of water resources, including streamflow, 
        precipitation, groundwater, soil moisture, snow, evaporation, 
        water quality, and water use in agriculture, industry, natural 
        systems, and municipal uses.
            (9) Water data grant program.--The term ``Water Data Grant 
        Program'' means the water data grant program established under 
        section 605(a).
            (10) Water data infrastructure.--The term ``water data 
        infrastructure'' means an integrated system of information 
        technologies that includes common data standards and metadata, 
        data formats, geospatial referencing, and tools to make water 
        data available, easy to find, access, and share online.

SEC. 602. NATIONAL WATER DATA FRAMEWORK.

    (a) In General.--For the purpose of improving water resources 
management and access across the United States, including addressing 
drought, floods, and other water management challenges, the heads of 
the Departments shall jointly develop and implement a national water 
data framework for observing, integrating, sharing, and using water 
data.
    (b) Requirements.--In developing and implementing the National 
Water Data Framework, the Departments shall--
            (1) identify and prioritize key water data needed to 
        support water resources management and planning, including--
                    (A) water data sets, types, observations, and 
                associated metadata; and
                    (B) water data infrastructure, technologies, and 
                tools;
            (2) develop and adopt common national water data standards 
        for collecting, sharing, and integrating water data, 
        infrastructure, technologies, and tools in consultation with 
        States, Indian Tribes, local governments, and relevant bodies;
            (3) ensure that Federal water data are made findable, 
        accessible, interoperable, and reusable in accordance with the 
        standards developed and adopted pursuant to this title;
            (4) integrate water data and tools through common 
        approaches to data and observing infrastructure, platforms, 
        models, and tool development;
            (5) establish a common, national geospatial index for 
        publishing and linking water data from Federal, State, Tribal, 
        and other non-Federal sources for online discovery;
            (6) harmonize and align policies, programs, protocols, 
        budgets, and funding programs relating to water data to achieve 
        the purposes of this title, as appropriate;
            (7) participate in and coordinate water data activities 
        with the Council; and
            (8) support the adoption of new technologies and the 
        development of tools for water data collection, observing, 
        sharing, and standardization by Federal, State, Tribal, local, 
        and other entities.

SEC. 603. WATER DATA COUNCIL.

    (a) In General.--The heads of the Departments shall establish an 
interagency Council, to be known as the ``Water Data Council'', to 
support the development and implementation of the National Water Data 
Framework.
    (b) Membership.--
            (1) Duties of secretary.--The Secretary, acting through the 
        Director of the United States Geological Survey, shall--
                    (A) serve as the Chair of the Council;
                    (B) in collaboration with the Administrators of the 
                National Oceanic and Atmospheric Administration and 
                Environmental Protection Agency, and the Director of 
                the Office of Science and Technology Policy, convene 
                the Council not less frequently than 4 times each year; 
                and
                    (C) provide staff support for the Council through 
                the United States Geological Survey.
            (2) Members.--Council Members shall include the heads of 
        the following entities:
                    (A) The Departments.
                    (B) Bureaus and offices of the Departments that 
                have a significant role or interest in water data, 
                including--
                            (i) the Corps of Engineers;
                            (ii) the Bureau of Indian Affairs;
                            (iii) the Bureau of Reclamation;
                            (iv) the Federal Emergency Management 
                        Agency;
                            (v) the Federal Energy Regulatory 
                        Commission;
                            (vi) the United States Fish and Wildlife 
                        Service;
                            (vii) the Indian Health Service;
                            (viii) the Forest Service;
                            (ix) the National Laboratories;
                            (x) the Natural Resources Conservation 
                        Service;
                            (xi) the National Oceanic and Atmospheric 
                        Administration; and
                            (xii) the Rural Development program of the 
                        Department of Agriculture.
                    (C) Offices of the Executive Office of the 
                President, including--
                            (i) the Council on Environmental Quality;
                            (ii) the Office of Management and Budget; 
                        and
                            (iii) the Office of Science and Technology 
                        Policy.
                    (D) Other Federal entities that the Chair and a 
                majority of the members of the Council described in 
                subparagraphs (A) through (C) determine to be 
                appropriate.
    (c) Duties.--The Council shall--
            (1) support the development and implementation of the 
        National Water Data Framework; and
            (2) facilitate communication and collaboration among 
        members of the Council--
                    (A) to establish, adopt, and implement common 
                national water data standards;
                    (B) to promote water data sharing and integration 
                across Federal departments and agencies, including--
                            (i) water data collection, observation, 
                        documentation, maintenance, distribution, and 
                        preservation strategies; and
                            (ii) development and use of water data 
                        infrastructure, tools, and technologies to 
                        support water management and planning;
                    (C) to align the policies, programs, protocols, 
                budgets, and funding programs relating to water data of 
                the members of the Council, as appropriate; and
                    (D) to promote partnerships across Federal entities 
                and non-Federal entities--
                            (i) to advance innovation and solutions in 
                        water data, technology, tools, planning, and 
                        management; and
                            (ii) to develop guidelines for data sharing 
                        and protecting data privacy and security.
    (d) Water Data Council Reports.--Not later than 180 days after the 
date of enactment of this Act, and annually thereafter, in conjunction 
with the annual budget submission of the President to Congress under 
section 1105(a) of title 31, United States Code, the Secretary, acting 
on behalf of the Council, shall submit to members of the Council and 
the appropriate committees of Congress and make available publicly 
online a report that describes--
            (1) the National Water Data Framework;
            (2) the actions undertaken by the Departments to implement 
        this title pursuant to section 602;
            (3) key water data sets, types, and infrastructure needed 
        to support water management and planning;
            (4) goals, targets, and actions to carry out the National 
        Water Data Framework in the subsequent fiscal year;
            (5) a summary and evaluation of the progress of the 
        Departments in achieving any prior goals, targets, and actions 
        to carry out the National Water Data Framework;
            (6) recommendations to align policies, programs, and 
        budgetary resources to carry out the National Water Data 
        Framework, where appropriate, in the subsequent fiscal year;
            (7) grants and assistance provided to State, Tribal, and 
        local entities toward the development and adoption of new 
        technologies and tools;
            (8) opportunities to develop and incentivize the deployment 
        of promising next-generation technologies, including new water 
        data technologies and tools, in partnership with the private 
        sector and others to accomplish the purposes of this title; and
            (9) metrics for achieving the National Water Data 
        Framework.

SEC. 604. ADVISORY COMMITTEE ON WATER INFORMATION.

    (a) Establishment.--There is established within the Department of 
the Interior an advisory committee, to be known as the ``Advisory 
Committee on Water Information'', to advise the Secretary, Departments, 
and Council on the development and implementation of the National Water 
Data Framework.
    (b) Membership.--
            (1) Composition.--The Advisory Committee shall be composed 
        of members, to be appointed by the Secretary, in consultation 
        with the Administrators of the National Oceanic and Atmospheric 
        Administration and the Environmental Protection Agency, in a 
        manner that provides for--
                    (A) balanced representation among various entities 
                involved in water-related activities; and
                    (B) consideration for a geographic balance of 
                individuals representing localities across the United 
                States.
            (2) Selection.--Members of the Advisory Committee shall be 
        selected by the Secretary from among entities involved in 
        water-related activities, including--
                    (A) States;
                    (B) Indian Tribes;
                    (C) local governments;
                    (D) Federal entities;
                    (E) water agencies, utilities, conservation 
                districts, irrigation districts, acequias, and other 
                water user associations;
                    (F) organizations that facilitate collaboration 
                across States and multi-state instrumentalities;
                    (G) educational institutions;
                    (H) professional organizations;
                    (I) water data and technology-related experts, 
                professionals, and industries;
                    (J) private sector entities; and
                    (K) nonprofit organizations.
            (3) Term.--Members of the Advisory Committee shall be 
        appointed by the Secretary for a term not to exceed 4 years.
    (c) Chair.--The Secretary shall serve as the Chair of the Advisory 
Committee.
    (d) Staff Support.--The United States Geological Survey shall 
provide support services for the Advisory Committee.
    (e) Meetings.--The Advisory Committee shall meet at the call of the 
Chair, but not less frequently than 4 times each year.
    (f) Duties.--The duties of the Advisory Committee are to advise the 
Secretary, Departments, and Council on--
            (1) the development and implementation of the National 
        Water Data Framework;
            (2) efforts to operate a cost-effective national network of 
        water data collection and analysis that meets the priority 
        water information needs of the Federal Government and, to the 
        extent practicable using available resources, the needs of the 
        non-Federal community that are tied to national interests;
            (3) efforts to develop uniform standards, guidelines, and 
        procedures for the collection, analysis, management, and 
        dissemination of water information to improve quality, 
        consistency, and accessibility nationwide; and
            (4) the effectiveness of existing water information 
        programs and recommended modifications needed to respond to 
        changes in legislation, technology, and other conditions.
    (g) Coordination.--To the extent practicable, the Advisory 
Committee shall coordinate with the National Water Quality Monitoring 
Council and other water data related entities convened by the Federal 
Government.
    (h) Report.--Not later than two years after the date of enactment 
of this Act, and every two years thereafter, the Advisory Committee 
shall submit a report of activities carried out by the Advisory 
Committee and a recommendation to continue, modify the duties of, or 
terminate the Advisory Committee.
    (i) Applicability of FACA.--
            (1) In general.--Except as provided in paragraph (2), the 
        Federal Advisory Committee Act (5 U.S.C. App.) shall apply to 
        the Advisory Committee.
            (2) No termination.--Section 14(a)(2) of the Federal 
        Advisory Committee Act (5 U.S.C. App.) shall not apply to the 
        Advisory Committee.

SEC. 605. WATER DATA GRANT PROGRAM.

    (a) In General.--The Secretary shall establish a water data grant 
program under which the Secretary shall award grants--
            (1) to support non-Federal entities in making water data 
        sets findable, accessible, interoperable, and reusable in 
        accordance with the water data standards established under this 
        title;
            (2) to advance the development of water data 
        infrastructure, observations, tools, and technologies to 
        facilitate the sharing and use of water data;
            (3) to support programs and projects that facilitate water 
        data sharing and use in water resources management and the 
        implementation of the National Water Data Framework; and
            (4) to provide a prize for accelerating innovation and 
        developing next-generation water data tools and technologies.
    (b) Coordination With the Council.--The Secretary shall consult and 
coordinate with the Council in creating and implementing the Water Data 
Grant Program to ensure that--
            (1) the Water Data Grant Program is aligned with and 
        carries out the purposes of this title; and
            (2) grants and programs are harmonized across the 
        Departments and members of the Council to achieve the purposes 
        of this title, as appropriate.
    (c) Eligible Entities.--An entity eligible for a grant under the 
Water Data Grant Program--
            (1) shall demonstrate significant needs or capabilities for 
        advancing water data sharing and tools with a significant 
        public benefit; and
            (2) may include--
                    (A) a State, multistate instrumentality, Indian 
                Tribe, or other unit of local government;
                    (B) a water agency, utility, conservation district, 
                irrigation district, acequia, mutual domestic 
                association, or other entity organized pursuant to 
                Federal, Tribal, or local laws for the purpose of 
                water-related activities;
                    (C) an educational institution or nonprofit 
                organization; and
                    (D) in the case of carrying out activities 
                described in subsection (a)(4)--
                            (i) an individual who is a citizen or legal 
                        resident of the United States; or
                            (ii) an entity that is incorporated and 
                        maintains the primary place of business of the 
                        entity in the United States.
    (d) Requirements.--
            (1) Data sharing and standards.--Any project funded through 
        the Water Data Grant Program shall be implemented in accordance 
        with the water data standards established under section 602.
            (2) Use of existing water data infrastructure.--The 
        recipient of a grant shall, to the extent practicable, leverage 
        existing water data and water data infrastructure.
    (e) Report.--Not later than 1 year after the date of enactment of 
this Act, and annually thereafter, in conjunction with the annual 
budget submission of the President to Congress under section 1105(a) of 
title 31, United States Code, the Secretary shall submit to Congress a 
report that describes the implementation of the Water Data Grant 
Program, including--
            (1) a description of the use and deployment of amounts made 
        available under the Water Data Grant Program;
            (2) an accounting of all grants awarded under the Water 
        Data Grant Program, including a description of--
                    (A) each grant recipient; and
                    (B) each project funded under the Water Data Grant 
                Program;
            (3) an assessment of the success of the Water Data Grant 
        Program in advancing the purposes of this title; and
            (4) a plan for the subsequent fiscal year to achieve the 
        purposes of this title.
    (f) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary to carry out the Water Data Grant Program 
$25,000,000 for each of fiscal years 2023 through 2027, to remain 
available until expended.
    (g) Administrative Costs.--Of the funds authorized to be 
appropriated under subsection (f), not more than 3 percent is 
authorized to be appropriated for administrative costs to carry out the 
Water Data Grant Program.

SEC. 606. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There is authorized to be appropriated to the 
Secretary to carry out sections 602 through 604 $15,000,000 for each of 
fiscal years 2023 through 2027, to remain available until expended.
    (b) Transfer of Funds.--The Secretary may, to the extent provided 
in advance in appropriations Acts, transfer to the Departments, 
including the Environmental Protection Agency, funds made available 
under subsection (a) to carry out sections 602 through 604.

               TITLE VII--NOGALES WASTEWATER IMPROVEMENT

SEC. 701. SHORT TITLE.

    This title may be cited as the ``Nogales Wastewater Improvement Act 
of 2022''.

SEC. 702. AMENDMENTS TO THE ACT OF JULY 27, 1953.

    The first section of the Act of July 27, 1953 (67 Stat. 195, 
chapter 242; 22 U.S.C. 277d-10), is amended by striking the period at 
the end and inserting ``: Provided further, That the equitable portion 
of the Nogales sanitation project for the city of Nogales, Arizona, 
shall be limited to the costs directly associated with the treatment 
and conveyance of the wastewater of the city and, to the extent 
practicable, shall not include any costs directly associated with the 
quality or quantity of wastewater originating in Mexico.''.

SEC. 703. NOGALES SANITATION PROJECT.

    (a) Definitions.--In this section:
            (1) City.--The term ``City'' means the City of Nogales, 
        Arizona.
            (2) Commission.--The term ``Commission'' means the United 
        States Section of the International Border and Water 
        Commission.
            (3) International outfall interceptor.--The term 
        ``International Outfall Interceptor'' means the pipeline that 
        conveys wastewater from the United States-Mexico border to the 
        Nogales International Wastewater Treatment Plant.
            (4) Nogales international wastewater treatment plant.--The 
        term ``Nogales International Wastewater Treatment Plant'' means 
        the wastewater treatment plant that--
                    (A) is operated by the Commission;
                    (B) is located in Rio Rico, Santa Cruz County, 
                Arizona, after manhole 99; and
                    (C) treats sewage and wastewater originating from--
                            (i) Nogales, Sonora, Mexico; and
                            (ii) Nogales, Arizona.
    (b) Ownership and Control.--
            (1) In general.--Subject to paragraph (2) and in accordance 
        with authority under the Act of July 27, 1953 (67 Stat. 195, 
        chapter 242; 22 U.S.C. 277d-10 et seq.), on transfer by 
        donation from the City of the current stake of the City in the 
        International Outfall Interceptor to the Commission, the 
        Commission shall enter into such agreements as are necessary to 
        assume full ownership and control over the International 
        Outfall Interceptor.
            (2) Agreements required.--The Commission shall assume full 
        ownership and control over the International Outfall 
        Interceptor under paragraph (1) after all applicable governing 
        bodies in the State of Arizona, including the City, have--
                    (A) signed memoranda of understanding granting to 
                the Commission access to existing easements for a right 
                of entry to the International Outfall Interceptor for 
                the life of the International Outfall Interceptor;
                    (B) entered into an agreement with respect to the 
                flows entering the International Outfall Interceptor 
                that are controlled by the City; and
                    (C) agreed to work in good faith to expeditiously 
                enter into such other agreements as are necessary for 
                the Commission to operate and maintain the 
                International Outfall Interceptor.
    (c) Operations and Maintenance.--
            (1) In general.--Beginning on the date on which the 
        Commission assumes full ownership and control of the 
        International Outfall Interceptor under subsection (b)(1), but 
        subject to subsection (e), the Commission shall be responsible 
        for the operations and maintenance of the International Outfall 
        Interceptor.
            (2) Authorization of appropriations.--There are authorized 
        to be appropriated to the Commission to carry out this 
        subsection, to remain available until expended--
                    (A) $4,400,000 for fiscal year 2023; and
                    (B) not less than $2,500,000 for fiscal year 2024 
                and each fiscal year thereafter.
    (d) Debris Screen.--
            (1) Debris screen required.--
                    (A) In general.--The Commission shall construct, 
                operate, and maintain a debris screen at Manhole One of 
                the International Outfall Interceptor for intercepting 
                debris and drug bundles coming to the United States 
                from Nogales, Sonora, Mexico.
                    (B) Requirement.--In constructing and operating the 
                debris screen under subparagraph (A), the Commission 
                and the Commissioner of U.S. Customs and Border 
                Protection shall coordinate--
                            (i) the removal of drug bundles and other 
                        illicit goods caught in the debris screen; and
                            (ii) other operations at the International 
                        Outfall Interceptor that require coordination.
            (2) Authorization of appropriations.--There are authorized 
        to be appropriated to the Commission, to remain available until 
        expended--
                    (A) $11,900,000 for fiscal year 2023 for 
                construction of the debris screen described in 
                paragraph (1)(A); and
                    (B) $2,200,000 for fiscal year 2024 and each fiscal 
                year thereafter for the operations and maintenance of 
                the debris screen described in paragraph (1)(A).
    (e) Limitation of Claims.--Chapter 171 and section 1346(b) of title 
28, United States Code (commonly known as the ``Federal Tort Claims 
Act''), shall not apply to any claim arising from the activities of the 
Commission in carrying out this section, including any claim arising 
from damages that result from overflow of the International Outfall 
Interceptor due to excess inflow to the International Outfall 
Interceptor originating from Nogales, Sonora, Mexico.

                 TITLE VIII--RIO GRANDE WATER SECURITY

SEC. 801. SHORT TITLE.

    This title may be cited as the ``Rio Grande Water Security Act''.

                 Subtitle A--Rio Grande Water Security

SEC. 811. DEFINITIONS.

    In this subtitle:
            (1) Basin plan.--The term ``Basin Plan'' means the 
        integrated water resources management plan for the Rio Grande 
        Basin developed under section 812(a).
            (2) Basin state.--The term ``Basin State'' means each of 
        the following States:
                    (A) Colorado.
                    (B) New Mexico.
                    (C) Texas, which shall participate upon consent and 
                agreement by the State of Texas, acting through the 
                Texas Commission on Environmental Quality.
            (3) Indian tribe.--The term ``Indian Tribe'' has the 
        meaning given the term in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 5304).
            (4) Nature-based feature.--The term ``nature-based 
        feature'' has the meaning given the term in section 9502 of the 
        Omnibus Public Land Management Act of 2009 (42 U.S.C. 10362).
            (5) Rio grande basin.--The term ``Rio Grande Basin'' means 
        the mainstem of the Rio Grande from the headwaters of the Rio 
        Grande in Colorado to the mouth of the Rio Grande and any 
        hydrologically connected groundwater, aquifers, and tributaries 
        within the Basin States.
            (6) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (7) Working group.--The term ``Working Group'' means the 
        Rio Grande Basin Working Group convened under section 812(a).

SEC. 812. INTEGRATED WATER RESOURCES MANAGEMENT PLAN FOR THE RIO GRANDE 
              BASIN.

    (a) In General.--Not later than 120 days after the date of 
enactment of this Act, the Secretary shall convene a Federal Working 
Group, to be known as the ``Rio Grande Basin Working Group'', to 
consult and collaborate with the Basin States, Indian Tribes, units of 
local government, irrigation districts, conservation districts, 
acequias, land grant-mercedes, and other local partners in the Rio 
Grande Basin to develop and implement an integrated water resources 
management plan for the Rio Grande Basin using the best available 
science, data, and local knowledge.
    (b) Purpose.--The purpose of the Basin Plan is to improve--
            (1) water security and quality for communities throughout 
        the Rio Grande Basin;
            (2) river and watershed health for ecosystems, fish, and 
        wildlife in the Rio Grande Basin;
            (3) the resilience of communities and ecosystems in the Rio 
        Grande Basin to drought and hydrologic change; and
            (4) consultation, collaboration, and partnerships among 
        Federal agencies, Basin States, Indian Tribes, and local 
        partners within the Rio Grande Basin.
    (c) Requirements.--The Basin Plan shall include--
            (1) a list of recommended projects and activities to 
        achieve the purpose described in subsection (b), using the best 
        available science for current and future conditions in the Rio 
        Grande Basin, including recommendations for--
                    (A) improving infrastructure design, maintenance, 
                repair, planning, management, and operations throughout 
                the Rio Grande Basin;
                    (B) improving science, data, monitoring, and 
                collaboration to improve understanding of the Rio 
                Grande Basin, including--
                            (i) the hydrology and other processes of 
                        the Rio Grande Basin; and
                            (ii) the long-term availability of water 
                        across the Rio Grande Basin;
                    (C) increasing water conservation in the Rio Grande 
                Basin through partnerships with communities and water 
                users;
                    (D) investments in nature-based features, 
                infrastructure, and habitat improvements to improve 
                river health, resilience, water security, and hazard 
                mitigation in the Rio Grande Basin;
                    (E) updating reservoir operations authorities and 
                water control manuals; and
                    (F) improving consultation, collaboration, and 
                partnerships throughout the Rio Grande Basin to achieve 
                the objectives described in subparagraphs (A) through 
                (E);
            (2) a list of potential changes to existing Federal 
        authorities that may be needed to implement the Basin Plan; and
            (3) a timeline for implementing the Basin Plan over a 30-
        year period.
    (d) Report to Congress.--Not later than 3 years after the date of 
enactment of this Act, the Secretary shall--
            (1) submit the Basin Plan to--
                    (A) the appropriate committees of Congress; and
                    (B) the Basin States, Indian Tribes located within 
                the Rio Grande Basin, and local partners; and
            (2) make the Basin Plan publicly available online.
    (e) Implementation.--
            (1) In general.--On submission of the Basin Plan to 
        Congress under subsection (d)(1)(A), the relevant agencies of 
        the Working Group may implement recommended projects and 
        activities from the Basin Plan to achieve the purposes of this 
        subtitle, including--
                    (A) water conservation and restoration projects;
                    (B) streamflow and groundwater recharge 
                improvements;
                    (C) optimization of Federal project management, 
                including--
                            (i) improvements and flexibility in 
                        reservoir, irrigation, and flood control 
                        project operations; and
                            (ii) updates and amendments to particular 
                        reservoir operations authorities, contracts, 
                        and water control manuals within the Rio Grande 
                        Basin, consistent with the recommendations 
                        provided in subsection (c)(1)(E);
                    (D) studies of relevant projects and activities 
                requiring further authorization;
                    (E) the establishment of a collaborative science, 
                data, and monitoring program for the Rio Grande Basin; 
                and
                    (F) the establishment of a coordinated technical 
                assistance program to support Rio Grande Basin 
                stakeholders in accessing resources and programs to 
                achieve the purposes of this subtitle.
            (2) Waiver.--In implementing this subsection, the relevant 
        agencies of the Working Group may waive or reduce Federal cost-
        share requirements for projects and activities that demonstrate 
        significant public benefits in accordance with the purpose 
        described in subsection (b).
    (f) Requirements.--The projects and activities implemented pursuant 
to subsection (e) shall be--
            (1) subject to required authorization and appropriation by 
        Congress;
            (2) contingent on the completion of applicable feasibility 
        studies, environmental reviews, and cost-benefit analyses that 
        include favorable recommendations for the proposed projects and 
        activities; and
            (3) implemented--
                    (A) in accordance with applicable law, including--
                            (i) the National Environmental Policy Act 
                        of 1969 (42 U.S.C. 4321 et seq.);
                            (ii) the Endangered Species Act of 1973 (16 
                        U.S.C. 1531 et seq.); and
                            (iii) the Federal Water Pollution Control 
                        Act (33 U.S.C. 1251 et seq.);
                    (B) in consultation with and in accordance with 
                State, Tribal, and local authorities in the Basin 
                States;
                    (C) within the State of Colorado--
                            (i) only upon the consent of the State of 
                        Colorado, acting through the Colorado Division 
                        of Water Resources; and
                            (ii) rely on and not duplicate existing 
                        studies and models developed and maintained by 
                        the State of Colorado to the greatest extent 
                        practicable;
                    (D) in accordance with interstate and international 
                agreements applicable to the Rio Grande Basin; and
                    (E) in accordance with the water rights of any 
                Indian Tribe or agreements between any Indian Tribe and 
                the United States.
    (g) Authorization of Appropriations.--There are authorized to be 
appropriated to the heads of the agencies represented on the Working 
Group such sums as are necessary to carry out this subtitle for each of 
fiscal years 2023 through 2052.

SEC. 813. RIO GRANDE BASIN WORKING GROUP.

    (a) Composition.--The Working Group shall be composed of the 
following members:
            (1) The Administrator of the Environmental Protection 
        Agency.
            (2) The Assistant Secretary of the Army for Civil Works.
            (3) The Chief of the Forest Service.
            (4) The Chief of the Natural Resources Conservation 
        Service.
            (5) The Commissioner of the International Boundary and 
        Water Commission.
            (6) The Commissioner of Reclamation.
            (7) The Director of any National Laboratory located in a 
        Basin State.
            (8) The Director of the Bureau of Indian Affairs.
            (9) The Director of the Bureau of Land Management.
            (10) The Director of the National Park Service.
            (11) The Director of the United States Fish and Wildlife 
        Service.
            (12) The Director of the United States Geological Survey.
            (13) The Secretary of Energy.
            (14) The Under Secretary for Rural Development.
            (15) The heads of any other relevant Federal agencies, as 
        determined to be appropriate by a majority of the members of 
        the Working Group described in paragraphs (1) through (14).
    (b) Duties.--The Working Group shall consult, collaborate, and work 
with Basin States, Indian Tribes located within the Rio Grande Basin, 
and local partners--
            (1) to develop and implement a Basin Plan; and
            (2) on submission of the Basin Plan to Congress under 
        section 812(d)(1)(A), to support ongoing collaboration across 
        the Rio Grande Basin among Federal stakeholders and non-Federal 
        stakeholders within the Rio Grande Basin.

SEC. 814. EFFECT OF SUBTITLE.

    Nothing in this subtitle--
            (1) affects, waives, abrogates, diminishes, defines, or 
        interprets any water right of any Indian Tribe or agreement 
        between any Indian Tribe and the United States;
            (2) affects a contract or benefit in existence on the date 
        of enactment of this Act that was executed pursuant to the 
        reclamation laws, unless otherwise agreed to by the parties to 
        the contract or benefit;
            (3) amends, modifies, or is in conflict with any interstate 
        or international agreement regarding the Rio Grande and the 
        waters of the Rio Grande, or any other interstate compact or 
        agreement regarding water, including the Rio Grande Compact 
        consented to by Congress in the Act of May 31, 1939 (53 Stat. 
        785. Ch.155), or the Colorado River Compact consented to by 
        Congress in the Act of August 19, 1921 (42 Stat. 171, Ch. 72), 
        the 1906 Convention, the 1944 Treaty with Mexico, and Upper 
        Colorado River Basin Compact consented to by Congress in the 
        Act of April 6, 1949 (63 Stat. 31);
            (4) affects any ongoing treaty obligations;
            (5) changes the commitments and requirements contained in 
        Public Law 92-514 concerning the Closed Basin Project; or
            (6) limits or affects any Basin State or Indian Tribe in 
        the management of water quantity or quality in accordance with 
        State or Tribal laws, as applicable.

                     Subtitle B--Pueblo Irrigation

SEC. 821. REAUTHORIZATION OF PUEBLO IRRIGATION INFRASTRUCTURE GRANTS.

    Section 9106(g)(2) of the Omnibus Public Land Management Act of 
2009 (Public Law 111-11; 123 Stat. 1309) is amended--
            (1) by striking ``is authorized'' and inserting ``are 
        authorized''; and
            (2) by striking ``$6,000,000'' and all that follows through 
        the period at the end and inserting ``such sums as are 
        necessary for each of fiscal years 2022 through 2032.''.

     DIVISION C--OTHER FIRE, DROUGHT, AND EXTREME WEATHER PROGRAMS

            TITLE I--INFRASTRUCTURE, ENERGY, AND ASSISTANCE

SEC. 101. NATURAL DISASTER GRID MITIGATION MAP.

    (a) Establishment.--The Secretary shall establish and maintain a 
Natural Disaster Grid Mitigation Map that identifies critical electric 
grid infrastructure in each State that is vulnerable to natural 
disasters.
    (b) Report.--
            (1) In general.--Not later than 180 days after the date of 
        enactment of this Act, and annually thereafter, the Secretary 
        shall develop a report that--
                    (A) analyzes how vulnerable critical electric grid 
                infrastructure in each State is to natural disasters; 
                and
                    (B) identifies parts of such critical electric grid 
                infrastructure that are high risk for energy 
                disruptions caused by natural disasters.
            (2) Availability.--The Secretary shall make the report 
        developed under paragraph (1) available to other relevant 
        Federal agencies to consider when funding disaster mitigation 
        and resiliency efforts.
    (c) Definitions.--In this section:
            (1) Critical electric grid infrastructure.--The term 
        ``critical electric grid infrastructure'' includes transmission 
        lines of 66 kilovolt-amperes and above and other 
        infrastructure, as determined by the Secretary.
            (2) Natural disaster.--The term ``natural disaster'' means 
        a wildfire, hurricane, tornado, extreme temperature, storm, 
        flood, earthquake, volcanic eruption, or other natural 
        occurrence of such magnitude or severity so as to be considered 
        disastrous, as determined by the Secretary.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of Energy.
            (4) State.--The term ``State'' means each of the several 
        States, the District of Columbia, any territory or possession 
        of the United States, and any federally recognized Indian 
        Tribe.

SEC. 102. INTERREGIONAL MINIMUM TRANSFER CAPABILITY REQUIREMENTS.

    (a) Finding.--Congress finds that extreme weather is increasing in 
frequency and poses a significant risk to the reliability of the 
electric grid.
    (b) Rulemaking.--Not later than 18 months after the date of 
enactment of this Act, the Federal Energy Regulatory Commission shall, 
pursuant to section 206 of the Federal Power Act (16 U.S.C. 824e), 
promulgate a final rule that establishes minimum transfer capability 
requirements between transmission planning regions.

SEC. 103. CRITICAL DOCUMENT FEE WAIVER.

    Section 1238(a) of the Disaster Recovery Reform Act of 2018 (42 
U.S.C. 5174b) is amended--
            (1) in paragraph (2), by striking ``applies regardless'' 
        and inserting ``and the requirement of the President to waive 
        fees under paragraph (4) apply regardless'';
            (2) by redesignating paragraph (4) as paragraph (5); and
            (3) by inserting after paragraph (3) the following:
            ``(4) Mandatory automatic waiver.--The President, in 
        consultation with the Governor of a State, shall automatically 
        provide a fee waiver described in paragraph (1) to an 
        individual or household that has been adversely affected by a 
        major disaster declared under section 401 of the Robert T. 
        Stafford Disaster Relief and Emergency Assistance Act (42 
        U.S.C. 5170)--
                    ``(A) for which the President provides assistance 
                to individuals and households under section 408 of that 
                Act (42 U.S.C. 5174); and
                    ``(B) that destroyed a critical document described 
                in paragraph (1) of the individual or household.''.

SEC. 104. HERMIT'S PEAK/CALF CANYON FIRE ASSISTANCE.

    (a) Findings and Purposes.--
            (1) Findings.--Congress finds that--
                    (A) on April 6, 2022, the Forest Service initiated 
                the Las Dispensas-Gallinas prescribed burn on Federal 
                land in the Santa Fe National Forest in San Miguel 
                County, New Mexico, when erratic winds were prevalent 
                in the area that was also suffering from severe drought 
                after many years of insufficient precipitation;
                    (B) on April 6, 2022, the prescribed burn, which 
                became known as the ``Hermit's Peak Fire'', exceeded 
                the containment capabilities of the Forest Service, was 
                declared a wildfire, and spread to other Federal and 
                non-Federal land;
                    (C) on April 19, 2022, the Calf Canyon Fire, also 
                in San Miguel County, New Mexico, began burning on 
                Federal land and was later identified as the result of 
                a pile burn in January 2022 that remained dormant under 
                the surface before reemerging;
                    (D) on April 27, 2022, the Hermit's Peak Fire and 
                the Calf Canyon Fire merged, and both fires were 
                reported as the Hermit's Peak Fire or the Hermit's 
                Peak/Calf Canyon Fire, (referred hereafter in this 
                subsection as the ``Hermit's Peak/Calf Canyon Fire'');
                    (E) by May 2, 2022, the fire had grown in size and 
                caused evacuations in multiple villages and communities 
                in San Miguel County and Mora County, including in the 
                San Miguel county jail, the State's psychiatric 
                hospital, the United World College, and New Mexico 
                Highlands University;
                    (F) on May 4, 2022, the President issued a major 
                disaster declaration for the counties of Colfax, Mora, 
                and San Miguel, New Mexico;
                    (G) on May 20, 2022, U.S. Forest Service Chief 
                Randy Moore ordered a 90-day review of prescribed burn 
                policies to reduce the risk of wildfires and ensure the 
                safety of the communities involved;
                    (H) the U.S. Forest Service has assumed 
                responsibility for the Hermit's Peak/Calf Canyon Fire;
                    (I) the fire resulted in the loss of Federal, 
                State, local, Tribal, and private property; and
                    (J) the United States should compensate the victims 
                of the Hermit's Peak/Calf Canyon Fire.
            (2) Purposes.--The purposes of this section are--
                    (A) to compensate victims of the Hermit's Peak/Calf 
                Canyon Fire, for injuries resulting from the fire; and
                    (B) to provide for the expeditious consideration 
                and settlement of claims for those injuries.
    (b) Definitions.--In this section:
            (1) Administrator.--The term ``Administrator'' means--
                    (A) the Administrator of the Federal Emergency 
                Management Agency; or
                    (B) if a Manager is appointed under subsection 
                (c)(1)(C), the Manager.
            (2) Hermit's peak/calf canyon fire.--The term ``Hermit's 
        Peak/Calf Canyon Fire'' means--
                    (A) the fire resulting from the initiation by the 
                Forest Service of a prescribed burn in the Santa Fe 
                National Forest in San Miguel County, New Mexico, on 
                April 6, 2022;
                    (B) the pile burn holdover resulting from the 
                prescribed burn by the Forest Service, which reemerged 
                on April 19, 2022; and
                    (C) the merger of the two fires described in 
                subparagraphs (A) and (B), reported as the Hermit's 
                Peak Fire or the Hermit's Peak Fire/Calf Canyon Fire.
            (3) Indian tribe.--The term ``Indian Tribe'' means the 
        recognized governing body of any Indian or Alaska Native Tribe, 
        band, nation, pueblo, village, community, component band, or 
        component reservation individually identified (including 
        parenthetically) in the list published most recently as of the 
        date of enactment of this Act pursuant to section 104 of the 
        Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 
        5131).
            (4) Injured person.--The term ``injured person'' means--
                    (A) an individual, regardless of the citizenship or 
                alien status of the individual; or
                    (B) an Indian Tribe, corporation, Tribal 
                corporation, partnership, company, association, county, 
                township, city, State, school district, or other non-
                Federal entity (including a legal representative) that 
                suffered injury resulting from the Hermit's Peak/Calf 
                Canyon Fire.
            (5) Injury.--The term ``injury'' has the same meaning as 
        the term ``injury or loss of property, or personal injury or 
        death'' as used in section 1346(b)(1) of title 28, United 
        States Code.
            (6) Manager.--The term ``Manager'' means an Independent 
        Claims Manager appointed under subsection (c)(1)(C).
            (7) Office.--The term ``Office'' means the Office of 
        Hermit's Peak/Calf Canyon Fire Claims established by subsection 
        (c)(1)(B).
            (8) Tribal entity.--The term ``Tribal entity'' includes any 
        Indian Tribe, tribal organization, Indian-controlled 
        organization serving Indians, Native Hawaiian organization, or 
        Alaska Native entity, as such terms are defined or used in 
        section 166 of the Workforce Innovation and Opportunity Act (25 
        U.S.C. 5304).
    (c) Compensation for Victims of Hermit's Peak/Calf Canyon Fire.--
            (1) In general.--
                    (A) Compensation.--Each injured person shall be 
                entitled to receive from the United States compensation 
                for injury suffered by the injured person as a result 
                of the Hermit's Peak/Calf Canyon Fire.
                    (B) Office of hermit's peak/calf canyon fire 
                claims.--
                            (i) In general.--There is established 
                        within the Federal Emergency Management Agency 
                        an Office of Hermit's Peak/Calf Canyon Fire 
                        Claims.
                            (ii) Purpose.--The Office shall receive, 
                        process, and pay claims in accordance with this 
                        section.
                            (iii) Funding.--The Office--
                                    (I) shall be funded from funds made 
                                available to the Administrator under 
                                this section;
                                    (II) may appoint and fix the 
                                compensation of such temporary 
                                personnel as may be necessary, without 
                                regard to the provisions of title 5, 
                                United States Code, governing 
                                appointments in competitive service; 
                                and
                                    (III) may reimburse other Federal 
                                agencies for claims processing support 
                                and assistance.
                    (C) Option to appoint independent claims manager.--
                The Administrator may appoint an Independent Claims 
                Manager to--
                            (i) head the Office; and
                            (ii) assume the duties of the Administrator 
                        under this section.
            (2) Submission of claims.--Not later than 2 years after the 
        date on which regulations are first promulgated under paragraph 
        (6), an injured person may submit to the Administrator a 
        written claim for 1 or more injuries suffered by the injured 
        person in accordance with such requirements as the 
        Administrator determines to be appropriate.
            (3) Investigation of claims.--
                    (A) In general.--The Administrator shall, on behalf 
                of the United States, investigate, consider, ascertain, 
                adjust, determine, grant, deny, or settle any claim for 
                money damages asserted under paragraph (2).
                    (B) Applicability of state law.--Except as 
                otherwise provided in this section, the laws of the 
                State of New Mexico shall apply to the calculation of 
                damages under paragraph (4)(D).
                    (C) Extent of damages.--Any payment under this 
                section--
                            (i) shall be limited to actual compensatory 
                        damages measured by injuries suffered; and
                            (ii) shall not include--
                                    (I) interest before settlement or 
                                payment of a claim; or
                                    (II) punitive damages.
            (4) Payment of claims.--
                    (A) Determination and payment of amount.--
                            (i) In general.--
                                    (I) Payment.--Not later than 180 
                                days after the date on which a claim is 
                                submitted under this section, the 
                                Administrator shall determine and fix 
                                the amount, if any, to be paid for the 
                                claim.
                                    (II) Priority.--The Administrator, 
                                to the maximum extent practicable, 
                                shall pay subrogation claims submitted 
                                under this section only after paying 
                                claims submitted by injured parties 
                                that are not insurance companies 
                                seeking payment as subrogees.
                            (ii) Parameters of determination.--In 
                        determining and settling a claim under this 
                        section, the Administrator shall determine 
                        only--
                                    (I) whether the claimant is an 
                                injured person;
                                    (II) whether the injury that is the 
                                subject of the claim resulted from the 
                                fire;
                                    (III) the amount, if any, to be 
                                allowed and paid under this section; 
                                and
                                    (IV) the person or persons entitled 
                                to receive the amount.
                            (iii) Insurance and other benefits.--
                                    (I) In general.--In determining the 
                                amount of, and paying, a claim under 
                                this section, to prevent recovery by a 
                                claimant in excess of actual 
                                compensatory damages, the Administrator 
                                shall reduce the amount to be paid for 
                                the claim by an amount that is equal to 
                                the total of insurance benefits 
                                (excluding life insurance benefits) or 
                                other payments or settlements of any 
                                nature that were paid, or will be paid, 
                                with respect to the claim.
                                    (II) Government loans.--This 
                                subparagraph shall not apply to the 
                                receipt by a claimant of any government 
                                loan that is required to be repaid by 
                                the claimant.
                    (B) Partial payment.--
                            (i) In general.--At the request of a 
                        claimant, the Administrator may make 1 or more 
                        advance or partial payments before the final 
                        settlement of a claim, including final 
                        settlement on any portion or aspect of a claim 
                        that is determined to be severable.
                            (ii) Judicial decision.--If a claimant 
                        receives a partial payment on a claim under 
                        this section, but further payment on the claim 
                        is subsequently denied by the Administrator, 
                        the claimant may--
                                    (I) seek judicial review under 
                                paragraph (9); and
                                    (II) keep any partial payment that 
                                the claimant received, unless the 
                                Administrator determines that the 
                                claimant--
                                            (aa) was not eligible to 
                                        receive the compensation; or
                                            (bb) fraudulently procured 
                                        the compensation.
                    (C) Rights of insurer or other third party.--If an 
                insurer or other third party pays any amount to a 
                claimant to compensate for an injury described in 
                paragraph (1), the insurer or other third party shall 
                be subrogated to any right that the claimant has to 
                receive any payment under this section or any other 
                law.
                    (D) Allowable damages.--
                            (i) Loss of property.--A claim that is paid 
                        for loss of property under this section may 
                        include otherwise uncompensated damages 
                        resulting from the Hermit's Peak/Calf Canyon 
                        Fire for--
                                    (I) an uninsured or underinsured 
                                property loss;
                                    (II) a decrease in the value of 
                                real property;
                                    (III) damage to physical 
                                infrastructure, including irrigation 
                                infrastructure such as acequia systems;
                                    (IV) a cost resulting from lost 
                                subsistence from hunting, fishing, 
                                firewood gathering, timbering, grazing, 
                                or agricultural activities conducted on 
                                land damaged by the Hermit's Peak/Calf 
                                Canyon Fire;
                                    (V) a cost of reforestation or 
                                revegetation on Tribal or non-Federal 
                                land, to the extent that the cost of 
                                reforestation or revegetation is not 
                                covered by any other Federal program; 
                                and
                                    (VI) any other loss that the 
                                Administrator determines to be 
                                appropriate for inclusion as loss of 
                                property.
                            (ii) Business loss.--A claim that is paid 
                        for injury under this section may include 
                        damages resulting from the Hermit's Peak/Calf 
                        Canyon Fire for the following types of 
                        otherwise uncompensated business loss:
                                    (I) Damage to tangible assets or 
                                inventory.
                                    (II) Business interruption losses.
                                    (III) Overhead costs.
                                    (IV) Employee wages for work not 
                                performed.
                                    (V) Any other loss that the 
                                Administrator determines to be 
                                appropriate for inclusion as business 
                                loss.
                            (iii) Financial loss.--A claim that is paid 
                        for injury under this section may include 
                        damages resulting from the Hermit's Peak/Calf 
                        Canyon Fire for the following types of 
                        otherwise uncompensated financial loss:
                                    (I) Increased mortgage interest 
                                costs.
                                    (II) An insurance deductible.
                                    (III) A temporary living or 
                                relocation expense.
                                    (IV) Lost wages or personal income.
                                    (V) Emergency staffing expenses.
                                    (VI) Debris removal and other 
                                cleanup costs.
                                    (VII) Costs of reasonable efforts, 
                                as determined by the Administrator, to 
                                reduce the risk of wildfire, flood, or 
                                other natural disaster in the counties 
                                impacted by the Hermit's Peak/Calf 
                                Canyon Fire to risk levels prevailing 
                                in those counties before the Hermit's 
                                Peak/Calf Canyon Fire, that are 
                                incurred not later than the date that 
                                is 3 years after the date on which the 
                                regulations under paragraph (6) are 
                                first promulgated.
                                    (VIII) A premium for flood 
                                insurance that is required to be paid 
                                on or before May 31, 2024, if, as a 
                                result of the Hermit's Peak/Calf Canyon 
                                Fire, a person that was not required to 
                                purchase flood insurance before the 
                                Hermit's Peak/Calf Canyon Fire is 
                                required to purchase flood insurance.
                                    (IX) A disaster assistance loan 
                                received from the Small Business 
                                Administration.
                                    (X) Any other loss that the 
                                Administrator determines to be 
                                appropriate for inclusion as financial 
                                loss.
            (5) Acceptance of award.--The acceptance by a claimant of 
        any payment under this section, except an advance or partial 
        payment made under paragraph (4)(B), shall--
                    (A) be final and conclusive on the claimant, with 
                respect to all claims arising out of or relating to the 
                same subject matter; and
                    (B) constitute a complete release of all claims 
                against the United States (including any agency or 
                employee of the United States) under chapter 171 of 
                title 28, United States Code (commonly known as the 
                ``Federal Tort Claims Act''), or any other Federal or 
                State law, arising out of or relating to the same 
                subject matter.
            (6) Regulations and public information.--
                    (A) Regulations.--Notwithstanding any other 
                provision of law, not later than 45 days after the date 
                of enactment of this section, the Administrator shall 
                promulgate and publish in the Federal Register interim 
                final regulations for the processing and payment of 
                claims under this section.
                    (B) Public information.--
                            (i) In general.--At the time at which the 
                        Administrator promulgates regulations under 
                        subparagraph (A), the Administrator shall 
                        publish, online and in print, in newspapers of 
                        general circulation in the State of New Mexico, 
                        a clear, concise, and easily understandable 
                        explanation, in English and Spanish, of--
                                    (I) the rights conferred under this 
                                section; and
                                    (II) the procedural and other 
                                requirements of the regulations 
                                promulgated under subparagraph (A).
                            (ii) Dissemination through other media.--
                        The Administrator shall disseminate the 
                        explanation published under clause (i) through 
                        websites, blogs, social media, brochures, 
                        pamphlets, radio, television, and other media 
                        that the Administrator determines are likely to 
                        reach prospective claimants.
            (7) Consultation.--In administering this section, the 
        Administrator shall consult with the Secretary of the Interior, 
        the Secretary of Energy, the Secretary of Agriculture, the 
        Administrator of the Small Business Administration, other 
        Federal agencies, and State, local, and Tribal authorities, as 
        determined to be necessary by the Administrator, to--
                    (A) ensure the efficient administration of the 
                claims process; and
                    (B) provide for local concerns.
            (8) Election of remedy.--
                    (A) In general.--An injured person may elect to 
                seek compensation from the United States for 1 or more 
                injuries resulting from the Hermit's Peak/Calf Canyon 
                Fire by--
                            (i) submitting a claim under this section;
                            (ii) filing a claim or bringing a civil 
                        action under chapter 171 of title 28, United 
                        States Code (commonly known as the ``Federal 
                        Tort Claims Act''); or
                            (iii) bringing an authorized civil action 
                        under any other provision of law.
                    (B) Effect of election.--An election by an injured 
                person to seek compensation in any manner described in 
                subparagraph (A) shall be final and conclusive on the 
                claimant with respect to all injuries resulting from 
                the Hermit's Peak/Calf Canyon Fire that are suffered by 
                the claimant.
                    (C) Arbitration.--
                            (i) In general.--Not later than 45 days 
                        after the date of enactment of this Act, the 
                        Administrator shall establish by regulation 
                        procedures under which a dispute regarding a 
                        claim submitted under this section may be 
                        settled by arbitration.
                            (ii) Arbitration as remedy.--On 
                        establishment of arbitration procedures under 
                        clause (i), an injured person that submits a 
                        disputed claim under this section may elect to 
                        settle the claim through arbitration.
                            (iii) Binding effect.--An election by an 
                        injured person to settle a claim through 
                        arbitration under this subparagraph shall--
                                    (I) be binding; and
                                    (II) preclude any exercise by the 
                                injured person of the right to judicial 
                                review of a claim described in 
                                paragraph (9).
                    (D) No effect on entitlements.--Nothing in this 
                section affects any right of a claimant to file a claim 
                for benefits under any Federal entitlement program.
            (9) Judicial review.--
                    (A) In general.--Any claimant aggrieved by a final 
                decision of the Administrator under this section may, 
                not later than 60 days after the date on which the 
                decision is issued, bring a civil action in the United 
                States District Court for the District of New Mexico, 
                to modify or set aside the decision, in whole or in 
                part.
                    (B) Record.--The court shall hear a civil action 
                under subparagraph (A) on the record made before the 
                Administrator.
                    (C) Standard.--The decision of the Administrator 
                incorporating the findings of the Administrator shall 
                be upheld if the decision is supported by substantial 
                evidence on the record considered as a whole.
            (10) Attorney's and agent's fees.--
                    (A) In general.--No attorney or agent, acting alone 
                or in combination with any other attorney or agent, 
                shall charge, demand, receive, or collect, for services 
                rendered in connection with a claim submitted under 
                this section, fees in excess of the limitations 
                established under section 2678 of title 28, United 
                States Code.
                    (B) Violation.--An attorney or agent who violates 
                subparagraph (A) shall be fined not more than $10,000.
            (11) Waiver of requirement for matching funds.--
                    (A) State and local project.--
                            (i) In general.--Notwithstanding any other 
                        provision of law, a State or local project that 
                        is determined by the Administrator to be 
                        carried out in response to the Hermit's Peak/
                        Calf Canyon Fire under any Federal program that 
                        applies to an area affected by the Hermit's 
                        Peak/Calf Canyon Fire shall not be subject to 
                        any requirement for State or local matching 
                        funds to pay the cost of the project under the 
                        Federal program.
                            (ii) Federal share.--The Federal share of 
                        the costs of a project described in clause (i) 
                        shall be 100 percent.
                    (B) Other needs program assistance.--
                Notwithstanding section 408(g)(2) of the Robert T. 
                Stafford Disaster Relief and Emergency Assistance Act 
                (42 U.S.C. 5174(g)(2)), for any emergency or major 
                disaster declared by the President under that Act for 
                the Hermit's Peak/Calf Canyon Fire, the Federal share 
                of assistance provided under that section shall be 100 
                percent.
            (12) Applicability of debt collection requirements.--
        Section 3711(a) of title 31, United States Code, shall not 
        apply to any payment under this section, unless--
                    (A) there is evidence of civil or criminal fraud, 
                misrepresentation, presentation of a false claim; or
                    (B) a claimant was not eligible under paragraph 
                (4)(B) of this section to any partial payment.
            (13) Indian compensation.--Notwithstanding any other 
        provision of law, in the case of an Indian Tribe, a Tribal 
        entity, or a member of an Indian Tribe that submits a claim 
        under this section--
                    (A) the Bureau of Indian Affairs shall have no 
                authority over, or any trust obligation regarding, any 
                aspect of the submission of, or any payment received 
                for, the claim;
                    (B) the Indian Tribe, Tribal entity, or member of 
                an Indian Tribe shall be entitled to proceed under this 
                section in the same manner and to the same extent as 
                any other injured person; and
                    (C) except with respect to land damaged by the 
                Hermit's Peak/Calf Canyon Fire that is the subject of 
                the claim, the Bureau of Indian Affairs shall have no 
                responsibility to restore land damaged by the Hermit's 
                Peak/Calf Canyon Fire.
            (14) Report.--Not later than 1 year after the date of 
        promulgation of regulations under paragraph (6)(A), and 
        annually thereafter, the Administrator shall submit to Congress 
        a report that describes the claims submitted under this section 
        during the year preceding the date of submission of the report, 
        including, for each claim--
                    (A) the amount claimed;
                    (B) a brief description of the nature of the claim; 
                and
                    (C) the status or disposition of the claim, 
                including the amount of any payment under this section.
            (15) Authorization of appropriations.--There are authorized 
        to be appropriated such sums as are necessary to carry out this 
        section.

SEC. 105. FIRE MANAGEMENT ASSISTANCE COST SHARE.

    (a) In General.--Section 420 of the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act is amended--
            (1) by redesignating subsection (e) as subsection (f); and
            (2) by inserting after subsection (d) the following:
    ``(e) Federal Share.--The Federal share of assistance under this 
section shall be not less than 75 percent of the eligible cost of such 
assistance.''.
    (b) Applicability.--The amendment made by subsection (a) shall only 
apply to amounts appropriated on or after the date of enactment of this 
Act.
    (c) Rulemaking.--Not later than 3 years after the date of enactment 
of this Act, the President, acting through the Administrator of the 
Federal Emergency Management Agency, shall conduct and complete a 
rulemaking to provide criteria for the circumstances under which the 
Administrator may recommend the President increase the Federal cost 
share for section 420 of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5187). Such criteria shall include 
a threshold metric that assesses the financial impact to a State or 
local government from responding to a fire for which fire management 
assistance is being provided.

SEC. 106. TRANSITIONAL SHELTERING ASSISTANCE.

    (a) Definitions.--In this section:
            (1) Individual at risk of wildfire smoke related illness.--
        The term ``individual at risk of wildfire smoke related 
        illness'' means an individual, living in an area where the air 
        quality index is determined to be unhealthy for not less than 3 
        consecutive days as a result of a wildfire, who is--
                    (A) a low-income individual;
                    (B) a parent or guardian with a child who has not 
                attained 19 years of age;
                    (C) a pregnant woman;
                    (D) an individual who is 65 years of age or older;
                    (E) an individual with chronic respiratory or 
                cardiovascular illness; or
                    (F) an individual with a chronic disease that is 
                exacerbated by smoke inhalation.
            (2) Low-income individual.--The term ``low-income 
        individual'' means an individual from a family whose taxable 
        income (as defined in section 63 of the Internal Revenue Code 
        of 1986) for the preceding year did not exceed 200 percent of 
        an amount equal to the poverty level, as determined by using 
        criteria of poverty established by the Bureau of the Census.
            (3) Qualified entity.--The term ``qualified entity'' 
        means--
                    (A) a State or unit of local government;
                    (B) a local public health authority; and
                    (C) a coordinated care organization.
    (b) Transitional Sheltering Assistance Program.--In carrying out 
the Transitional Sheltering Assistance Program of the Federal Emergency 
Management Agency under section 403 of the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 U.S.C. 5170b), the President 
shall--
            (1) provide assistance to a qualified entity to purchase 
        and provide, to an individual at risk of wildfire smoke related 
        illness, smoke-inhalation prevention equipment, including--
                    (A) a portable air filtration unit;
                    (B) an air filter;
                    (C) a face mask or respirator, such as--
                            (i) an N95 respirator;
                            (ii) a P100 respirator; or
                            (iii) other equipment certified by the 
                        National Institute for Occupational Safety and 
                        Health to protect from airborne particle 
                        exposure;
                    (D) low-cost equipment to keep smoke out of a 
                house, such as:
                            (i) a weather strip;
                            (ii) not more than 1 portable air-
                        conditioning unit per household;
                            (iii) ventilation equipment;
                            (iv) a screening and shading device; or
                            (v) a window covering; or
                    (E) other similarly effective devices; and
            (2) in any case in which smoke-inhalation prevention 
        equipment is not sufficient to mitigate the risk of illness, 
        provide cost-efficient transitional shelter assistance to an 
        individual at risk of wildfire smoke related illness.
    (c) Applicability.--The amendments made by this section shall apply 
with respect to any amounts appropriated after the date of enactment of 
this Act.

SEC. 107. GRID RESILIENCE STUDY.

    (a) In General.--Not later than 1 year after the date of enactment 
of this section, the Federal Energy Regulatory Commission and the 
Department of Energy shall jointly--
            (1) conduct a study on the need for, and feasibility of, 
        establishing or modifying a reliability standard to ensure the 
        reliable operation of thermoelectric power plants during 
        droughts; and
            (2) submit to the appropriate committees of Congress the 
        results of such study.
    (b) Definitions.--In this section, the term ``appropriate 
committees of Congress'' means--
            (1) the Committee on Energy and Commerce of the House of 
        Representatives; and
            (2) the Committee on Energy and Natural Resources of the 
        Senate.

SEC. 108. NONNATIVE PLANT SPECIES REMOVAL GRANT PROGRAM.

    (a) Definitions.--In this section:
            (1) Eligible entity.--The term ``eligible entity'' means a 
        partnership between 2 or more entities that--
                    (A) shall include--
                            (i) at least 1 flood control district; and
                            (ii) at least 1 city, county, township, 
                        town, borough, parish, village, or other 
                        general purpose political subdivision of a 
                        State or Indian tribe (as defined in section 4 
                        of the Indian Self-Determination and Education 
                        Assistance Act (25 U.S.C. 5304)); and
                    (B) may include any other entity (such as a 
                nonprofit organization or institution of higher 
                education), as determined by the Secretary.
            (2) Nonnative plant species.--The term ``nonnative plant 
        species'' means a plant species that--
                    (A) is nonnative or alien to an ecosystem; and
                    (B) if introduced to that ecosystem, will cause, or 
                is likely to cause, economic harm, environmental harm, 
                or harm to human health.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture.
    (b) Establishment.--The Secretary shall establish a grant program 
to award grants, on a competitive basis, to eligible entities--
            (1) to remove nonnative plant species in riparian areas 
        that contribute to drought conditions;
            (2) to replace those nonnative plant species with native 
        plant species; and
            (3) to maintain and monitor riparian areas in which 
        nonnative plant species have been removed and replaced.
    (c) Applications.--
            (1) In general.--To be eligible to receive a grant under 
        this section, an eligible entity shall submit to the Secretary 
        an application at such time, in such manner, and containing 
        such information as the Secretary may require, including--
                    (A) a plan for how the eligible entity will use 
                grant funds to carry out the activities described in 
                paragraphs (1) through (3) of subsection (b);
                    (B) a description of the manner in which the 
                eligible entity has carried out the consultation 
                required under paragraph (2); and
                    (C) information demonstrating that each native 
                plant species described in subsection (b)(2) will--
                            (i)(I) reduce flood risk;
                            (II) improve hydrology and water storage 
                        capacities; or
                            (III) reduce fire hazard; and
                            (ii) protect and restore rivers and streams 
                        and associated riparian habitats, including 
                        fish and wildlife resources that are dependent 
                        on those habitats.
            (2) Consultation.--An eligible entity seeking a grant under 
        this section shall consult with local stakeholders, including 
        conservation groups, to create the plan described in paragraph 
        (1)(A).
    (d) Report.--An eligible entity that receives a grant under this 
section shall submit to the Secretary a report at such time, in such 
manner, and containing such information as the Secretary may require, 
including information on methodology and outcomes of nonnative plant 
species removal and replacement efforts.
    (e) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $10,000,000 for fiscal year 2023 
and each fiscal year thereafter.

SEC. 109. CENTERS OF EXCELLENCE FOR RESEARCH ON WILDFIRE SMOKE.

    (a) In General.--Not later than 180 days after the date of 
enactment of this Act, the Administrator of the Environmental 
Protection Agency (referred to in this section as the 
``Administrator'') shall establish at institutions of higher education 
4 centers, each of which shall be known as a ``Center of Excellence for 
Wildfire Smoke'', to carry out research relating to--
            (1) the effects on public health of smoke emissions from 
        wildland fires; and
            (2) the means by which communities can better respond to 
        the impacts of emissions from wildland fires.
    (b) Authorization of Appropriations.--There is authorized to be 
appropriated to the Administrator to carry out this section $10,000,000 
for each of fiscal years 2023 through 2027.

SEC. 110. COMMUNITY SMOKE PLANNING.

    (a) In General.--Not later than 180 days after the date of 
enactment of this Act, the Administrator of the Environmental 
Protection Agency (referred to in this section as the 
``Administrator'') shall establish a competitive grant program to 
assist eligible entities described in subsection (b) in developing and 
implementing collaborative community plans for mitigating the impacts 
of smoke emissions from wildland fires.
    (b) Eligible Entities.--An entity that is eligible to submit an 
application for a grant under subsection (a) is--
            (1) a State, as defined in section 302 of the Clean Air Act 
        (42 U.S.C. 7602);
            (2) an air pollution control agency, as defined in section 
        302 of the Clean Air Act (42 U.S.C. 7602);
            (3) a municipality, as defined in section 302 of the Clean 
        Air Act (42 U.S.C. 7602); or
            (4) an Indian tribe, as defined in section 302 of the Clean 
        Air Act (42 U.S.C. 7602).
    (c) Applications.--To be eligible to receive a grant under 
subsection (a), an eligible entity described in subsection (b) shall 
submit to the Administrator an application at such time, in such 
manner, and containing such information as the Administrator may 
require.
    (d) Technical Assistance.--The Administrator may use amounts made 
available to carry out this section to provide to eligible entities 
described in subsection (b) technical assistance in--
            (1) submitting grant applications under subsection (c); or
            (2) carrying out projects using a grant under this section.
    (e) Authorization of Appropriations.--There is authorized to be 
appropriated to the Administrator to carry out this section $50,000,000 
for each of fiscal years 2023 through 2027.

SEC. 111. DISASTER EQUITY AND FAIRNESS.

    (a) Definitions.--In this section--
            (1) the term ``Administrator'' means the Administrator of 
        the Agency;
            (2) the term ``Agency'' means the Federal Emergency 
        Management Agency;
            (3) the term ``emergency'' means an emergency declared or 
        determined to exist by the President under section 501 of the 
        Robert T. Stafford Disaster Relief and Emergency Assistance Act 
        (42 U.S.C. 5191);
            (4) the terms ``Indian tribal government'' and ``local 
        government'' have the meanings given such terms in section 102 
        of the Robert T. Stafford Disaster Relief and Emergency 
        Assistance Act (42 U.S.C. 5122); and
            (5) the term ``major disaster'' means a major disaster 
        declared by the President under section 401 of the Robert T. 
        Stafford Disaster Relief and Emergency Assistance Act (42 
        U.S.C. 5170).
    (b) Increase Cost-share for Consecutive Impacts.--
            (1) In general.--Notwithstanding the provisions of law 
        described in paragraph (2), for assistance provided under 
        sections 403, 404, 406, 408, 420, and 428 of the Robert T. 
        Stafford Disaster Relief and Emergency Assistance Act (42 
        U.S.C. 5170b, 5170c, 5172, 5174, 5187, 5189f) to a local 
        government or Indian tribal government in connection with the 
        second, or subsequent, major disaster during any 3-year period, 
        the Federal share shall be not less than 90 percent of the 
        eligible cost of such assistance.
            (2) Provisions.--The provisions of law described in this 
        paragraph are sections 403(b), 403(c)(4), 404(a), 406(b), 
        408(d), 408(g)(2), 420(a), and 428(e)(2)(B) of the Robert T. 
        Stafford Disaster Relief and Emergency Assistance Act (42 
        U.S.C. 5170b(b), 5170b(c)(4), 5170c(a), 5172(b), 5174(d), 
        5174(g)(2), 5187(a), 5189f(e)(2)).
    (c) State and Local Plans for Meal Delivery.--
            (1) In general.--Title IV of 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:

``SEC. 431. STATE AND LOCAL PLANS FOR MEAL DELIVERY.

    ``(a) In General.--The Administrator may provide assistance to a 
State, local government, or Indian tribal government to reimburse the 
cost of coordinating food delivery, production, and distribution in the 
event of a major disaster, including--
            ``(1) establishing a network to coordinate food delivery, 
        production, and distribution with businesses and private 
        nonprofit organizations;
            ``(2) establishing contracts with small and mid-sized 
        restaurants, food vendors, and private nonprofit organizations, 
        including faith-based organizations, food banks, and soup 
        kitchens, to prepare healthy meals for people in need; and
            ``(3) partnering with private nonprofit organizations, 
        including faith-based organizations, food banks, and soup 
        kitchens to purchase directly from food producers and farmers.
    ``(b) Federal Share.--The Federal share of the cost of an activity 
carried out using assistance under this section shall be--
            ``(1) not less than 90 percent of the eligible cost of food 
        delivery, production, and distribution during the 30-day period 
        beginning on the date of the declaration of the major disaster; 
        and
            ``(2) not less than 90 percent of such eligible cost after 
        the end of the 30-day period described in paragraph (1).''.
            (2) Emergencies.--Section 502(a) of the Robert T. Stafford 
        Disaster Relief and Emergency Assistance Act (42 U.S.C. 
        5192(a)) is amended--
                    (A) in paragraph (7), by striking ``and'' at the 
                end;
                    (B) by redesignating paragraph (8) as paragraph 
                (9); and
                    (C) by inserting after paragraph (7) the following:
            ``(8) provide assistance for food delivery, production, and 
        distribution in accordance with section 431; and''.
            (3) Guidance.--Not later than 1 year after the date of 
        enactment of this Act, the Administrator shall issue 
        comprehensive guidance to States, local governments, and Indian 
        tribal governments regarding receiving reimbursement for the 
        cost of food delivery, production, and distribution in the 
        event of an emergency or major disaster under section 431 of 
        the Robert T. Stafford Disaster Relief and Emergency Assistance 
        Act, as added by paragraph (1), including--
                    (A) establishing a coordination network;
                    (B) enabling streamlined arrangements for food 
                production and distribution; and
                    (C) streamlined contracting and partnering with 
                private nonprofit organizations such that private 
                nonprofit organizations may apply directly for 
                reimbursement under such section as an agent of a 
                State, local government, or Indian tribal government.
    (d) Applicability.--The amendments made by this section shall apply 
with respect to any amounts appropriated after the date of enactment of 
this Act.

SEC. 112. FEMA IMPROVEMENT, REFORM, AND EFFICIENCY.

    (a) Definitions.--In this section--
            (1) the term ``Administrator'' means the Administrator of 
        the Agency;
            (2) the term ``Agency'' means the Federal Emergency 
        Management Agency;
            (3) the term ``appropriate committees of Congress'' means--
                    (A) the Committee on Homeland Security and 
                Governmental Affairs and the Committee on 
                Appropriations of the Senate; and
                    (B) the Committee on Transportation and 
                Infrastructure and the Committee on Appropriations of 
                the House of Representatives;
            (4) the term ``emergency'' means an emergency declared or 
        determined to exist by the President under section 501 of the 
        Robert T. Stafford Disaster Relief and Emergency Assistance Act 
        (42 U.S.C. 5191);
            (5) the terms ``Indian tribal government'', ``local 
        government'', and ``State'' have the meanings given such terms 
        in section 102 of the Robert T. Stafford Disaster Relief and 
        Emergency Assistance Act (42 U.S.C. 5122); and
            (6) the term ``major disaster'' means a major disaster 
        declared by the President under section 401 of the Robert T. 
        Stafford Disaster Relief and Emergency Assistance Act (42 
        U.S.C. 5170).
    (b) Report on Relocation Assistance.--
            (1) In general.--Not later than 180 days after the date of 
        enactment of this Act, the Administrator shall submit a report 
        regarding the use of relocation assistance under sections 203, 
        404, and 406 of the Robert T. Stafford Disaster Relief and 
        Emergency Assistance Act (42 U.S.C. 5133, 5170c, 5172) for 
        wildfire risk to the appropriate committees of Congress.
            (2) Contents.--The report submitted under paragraph (1) 
        shall include the following:
                    (A) Any information on relocation projects that 
                have been carried out due to fire risks or denied by 
                the Agency, including the number and value of projects 
                either carried out or denied.
                    (B) A discussion of the possible benefits or 
                disadvantages of providing relocation assistance that 
                may reduce, but not eliminate, the risk of loss due to 
                wildfires.
                    (C) A discussion of how the Agency may optimize 
                relocation assistance when entire States or geographic 
                areas are considered subject to a fire risk.
                    (D) An analysis of whether other mitigation 
                measures are more cost-effective than relocation 
                assistance when the applicant is applying to move from 
                a high-risk to a medium-risk or low-risk area with 
                respect to wildfires.
                    (E) An analysis of the need for the Federal 
                Government to produce wildfire maps that identify high-
                risk, moderate-risk, and low-risk wildfire zones.
                    (F) An analysis of whether other mitigation 
                measures promote greater resilience to wildfires when 
                compared to relocation or, if additional data is 
                required in order to carry out such an analysis, a 
                discussion of the additional data required.
                    (G) A discussion of the ability of States, local 
                governments, and Indian tribal governments to 
                demonstrate fire risk, and whether the level of this 
                ability impacts the ability of States, local 
                governments, or Indian tribal governments to access 
                relocation assistance, including an assessment of 
                existing fire mapping products and capabilities and 
                recommendations on redressing any gaps in the ability 
                of the Agency to assist States, local governments, and 
                Indian tribal governments in demonstrating fire risk.
                    (H) An evaluation of--
                            (i) the scope of the data available to the 
                        Agency regarding historical wildfire losses;
                            (ii) how such data is utilized in benefit-
                        cost analysis determinations by the Agency;
                            (iii) what additional data, if any, may be 
                        pertinent to such determinations; and
                            (iv) what, if any, alternative methods may 
                        be relevant to the determination of cost 
                        effectiveness.
                    (I) A discussion of the extent to which the 
                decision process for relocation assistance 
                appropriately considers the change in future risks for 
                wildfires due to a changing climate.
                    (J) An analysis of whether statutes and regulations 
                regarding relocation assistance by the Agency present 
                barriers for States, local governments, or Indian 
                tribal governments trying to access funding to reduce 
                wildfire risk.
                    (K) An analysis of--
                            (i) how, if at all, the Agency has modified 
                        policies and procedures to determine the 
                        eligibility of proposed relocation or 
                        mitigation projects with respect to wildfires;
                            (ii) the cost effectiveness of such 
                        projects, in light of the increasing losses and 
                        obligations for wildfires in recent years; and
                            (iii) the effectiveness of any 
                        modifications described in clause (i).
                    (L) An analysis of how, if at all, recent changes 
                in the availability of fire insurance has resulted in 
                modifications of policy or procedure with respect to 
                determining the cost efficacy of relocation assistance 
                for wildfires.
                    (M) An analysis of how to define repetitive loss 
                and repetitively damaged properties in the context of 
                wildfires.
                    (N) A discussion of whether any legislative, 
                regulatory, or policy changes are necessary for the 
                Agency to better implement relocation assistance to 
                reduce risk from wildfires.
                    (O) Other related issues that the Administrator 
                determines appropriate.
    (c) Red Flag Warnings and Predisaster Actions.--Not later than 1 
year after the date of enactment of this Act, the Administrator, in 
coordination with the National Weather Service of the National Oceanic 
and Atmospheric Administration, shall--
            (1) conduct a study of, develop recommendations for, and 
        initiate a process for the use of Red Flag Warnings and similar 
        weather alert and notification methods, including the use of 
        emerging technologies, to establish--
                    (A) plans and actions, consistent with law, that 
                can be implemented prior to a wildfire event, including 
                pre-impact disaster declarations and surge operations, 
                that can limit the impact, duration, or severity of the 
                fire; and
                    (B) mechanisms to increase interagency 
                collaboration to expedite the delivery of disaster 
                assistance; and
            (2) submit to the appropriate committees of Congress a 
        comprehensive report regarding the study described in paragraph 
        (1), including any recommendations of the Administrator, and 
        the activities of the Administrator to carry out paragraph (1).
    (d) Assistance for Wildfire Damage.--Not later than 180 days after 
the date of enactment of this Act, the Administrator shall brief the 
appropriate committees of Congress regarding--
            (1) the application for assistance and consistency of 
        assistance provided by the Agency in response to wildfires; and
            (2) the kinds of damage that result from wildfires.
    (e) GAO Report on Gaps.--Not later than 1 year after the date of 
enactment of this Act, the Comptroller General of the United States 
shall submit to the appropriate committees of Congress a report that 
examines--
            (1) gaps in the policies of the Agency related to 
        wildfires, when compared to other hazards;
            (2) disparities in regulations and guidance issued by the 
        Administrator, including any oversight of the programs of the 
        Agency, when addressing impacts of wildfires and other hazards;
            (3) ways to shorten the period of time between the 
        initiating of and the distribution of assistance, 
        reimbursements, and grants;
            (4) the effectiveness of the programs of the Agency in 
        addressing wildfire hazards;
            (5) ways to improve the ability of the Agency to assist 
        States, local governments, and Indian tribal governments to 
        prepare for, respond to, recover from, and mitigate against 
        wildfire hazards;
            (6) revising the application process for assistance 
        relating to wildfires to more effectively assess uninsured and 
        underinsured losses and serious needs; and
            (7) ways to improve the disaster assistance programs of 
        agencies other than the Agency.
    (f) Crisis Counseling Cultural Competency.--Section 416 of the 
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 
U.S.C. 5183) is amended--
            (1) by striking ``The President'' and inserting the 
        following:
    ``(a) In General.--The President''; and
            (2) by adding at the end the following:
    ``(b) Cultural Competency.--The President shall, in consultation 
with affected States, local governments, and Indian tribal governments 
and cultural experts, ensure that any individual providing professional 
counseling services to victims of a major disaster as authorized under 
subsection (a), including those working for nonprofit partners and 
recovery organizations, is appropriately trained to address--
            ``(1) cultural competency and respectful care practices; 
        and
            ``(2) impacts from major disasters in communities, and to 
        individuals, with socio-economically disadvantaged 
        backgrounds.''.
    (g) Case Management Cultural Competency.--Section 426 of the Robert 
T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 
5189d) is amended--
            (1) by striking ``The President'' and inserting the 
        following:
    ``(a) In General.--The President''; and
            (2) by adding at the end the following:
    ``(b) Cultural Competency.--The President shall, in consultation 
with affected States, local governments, and Indian tribal governments 
and cultural experts, ensure that any individual providing case 
management services to victims of a major disaster as authorized under 
subsection (a), including those working for nonprofit partners and 
recovery organizations, is appropriately trained to address--
            ``(1) cultural competency and respectful care practices; 
        and
            ``(2) impacts from major disasters in communities, and to 
        individuals, with socio-economically disadvantaged 
        backgrounds.''.
    (h) Study and Plan for Disaster Housing Assistance.--
            (1) Study.--Not later than 180 days after the date of 
        enactment of this Act, the Administrator shall--
                    (A) conduct a study and develop a plan, consistent 
                with law, under which the Agency will address providing 
                housing assistance to survivors of major disasters or 
                emergencies when presented with challenges such as--
                            (i) the lack of proof of ownership or 
                        ownership documentation;
                            (ii) the presence of multiple families 
                        within a single household; and
                            (iii) the near loss of a community, with 
                        the majority of homes destroyed in that 
                        community, including as a result of a wildfire, 
                        earthquake, or other event causing a major 
                        disaster; and
                    (B) make recommendations for legislative changes 
                needed to address--
                            (i) the unmet needs of survivors of major 
                        disasters or emergencies who are unable to 
                        document or prove ownership of the household;
                            (ii) the presence of multiple families 
                        within a single household; and
                            (iii) the near loss of a community, with 
                        the majority of homes destroyed in that 
                        community, including as a result of a wildfire, 
                        earthquake, or other event causing a major 
                        disaster.
            (2) Comprehensive report.--The Administrator shall submit 
        to the appropriate committees of Congress a report that 
        provides a detailed discussion of the plans developed under 
        paragraph (1)(A) and the recommendations of the Administrator 
        under paragraph (1)(B).
            (3) Briefing.--Not later than 30 days after submission of 
        the report and recommendations under paragraph (2), the 
        Administrator shall brief the appropriate committees of 
        Congress on the findings and any recommendations made pursuant 
        to this subsection.
    (i) Reimbursement.--Not later than 180 days after the date of 
enactment of this Act, the Administrator shall brief the appropriate 
committees of Congress regarding the extent to which the Agency is 
using housing solutions proposed by a State or local government to 
reduce the time or cost required to implement housing solutions after a 
major disaster.
    (j) Wildfire Insurance Study by the National Academies.--
            (1) Study.--
                    (A) In general.--Not later than 180 days after the 
                date of enactment of this Act, the Administrator shall 
                seek to enter into an agreement with the National 
                Academy of Sciences to conduct a study of--
                            (i) potential solutions to address the 
                        availability and affordability of insurance for 
                        wildfire perils in all regions of the United 
                        States, including consideration of a national 
                        all natural hazards insurance program;
                            (ii) the ability of States, communities, 
                        and individuals to mitigate wildfire risks, 
                        including the affordability and feasibility of 
                        such mitigation activities;
                            (iii) the current and potential future 
                        effects of land use policies and building codes 
                        on the potential solutions;
                            (iv) the reasons why many properties at 
                        risk of wildfire lack insurance coverage;
                            (v) the role of insurers in providing 
                        incentives for wildfire risk mitigation 
                        efforts;
                            (vi) the state of catastrophic insurance 
                        and reinsurance markets and the approaches in 
                        providing insurance protection to different 
                        sectors of the population of the United States;
                            (vii) the role of the Federal Government 
                        and State and local governments in providing 
                        incentives for feasible wildfire risk 
                        mitigation efforts and the cost of providing 
                        assistance in the absence of insurance;
                            (viii) the state of modeling and mapping 
                        wildfire risk and solutions for accurately and 
                        adequately identifying future wildfire risk;
                            (ix) approaches to insuring wildfire risk 
                        in the United States; and
                            (x) such other issues that may be necessary 
                        or appropriate for the report.
                    (B) Consultation.--The agreement to conduct the 
                study described in subparagraph (A) shall require that, 
                in conducting the study, the National Academy of 
                Sciences shall consult with State insurance regulators, 
                consumer organizations, representatives of the 
                insurance and reinsurance industry, policyholders, and 
                other organizations and experts, as appropriate.
            (2) Submission.--Not later than 2 years after the date of 
        enactment of this Act, the Administrator shall submit to 
        Congress the results of the study commissioned under paragraph 
        (1).
    (k) Increased Cap for Emergency Declarations Based on Regional Cost 
of Living.--Not later than 180 days after the date of enactment of this 
Act, the Administrator shall brief the appropriate committees of 
Congress regarding the benefits and drawbacks of establishing a maximum 
amount for assistance provided for an emergency that is based on the 
cost of living in the region in which the emergency occurs.
    (l) Facilitating Disposal of Temporary Transportable Housing Units 
to Survivors.--Section 408(d)(2)(B)(i) of the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 
5174(d)(2)(B)(i)) is amended by inserting ``, with priority given to a 
survivor of a major disaster who suffered a property loss as a result 
of the major disaster'' after ``any person''.
    (m) Deadline on Code Enforcement and Management Cost Eligibility.--
Section 406(a)(2)(D) of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5172(a)(2)(D)) is amended by 
striking ``180 days'' and inserting ``1 year''.
    (n) Permit Applications for Tribal Upgrades to Emergency Operations 
Centers.--Section 614(a) of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5196c(a)) is amended by inserting 
``and Indian tribal governments'' after ``grants to States''.
    (o) Applicability.--The amendments made by this section shall apply 
with respect to any amounts appropriated after the date of enactment of 
this Act.

SEC. 113. FIRE INVESTIGATIONS.

    The Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2201 
et seq.) is amended by adding at the end the following:

``SEC. 38. INVESTIGATION AUTHORITIES.

    ``(a) In General.--In the case of any major fire, the Administrator 
may send incident investigators, which may include safety specialists, 
fire protection engineers, codes and standards experts, researchers, 
and fire training specialists, to the site of the fire to conduct an 
investigation as described in subsection (b).
    ``(b) Investigation Required.--A fire investigation conducted under 
this section--
            ``(1) shall be conducted in coordination and cooperation 
        with appropriate Federal, State, and local authorities, 
        including Federal agencies that are authorized to investigate a 
        major fire or an incident of which the major fire is a part; 
        and
            ``(2) shall examine the determined cause and origin of the 
        fire and assess broader systematic matters to include use of 
        codes and standards, demographics, structural characteristics, 
        smoke and fire dynamics (movement) during the event, and costs 
        of associated injuries and deaths.
    ``(c) Report.--Upon concluding any fire investigation under this 
section, the Administrator shall issue a public report to local, State, 
and Federal authorities on the findings of such investigation, or 
collaborate with another investigating Federal agency on that agency's 
report, including recommendations on--
            ``(1) any other buildings with similar characteristics that 
        may bear similar fire risks;
            ``(2) improving tactical response to similar fires;
            ``(3) improving civilian safety practices;
            ``(4) assessing the costs and benefits to the community of 
        adding fire safety features; and
            ``(5) how to mitigate the causes of such fire.
    ``(d) Discretionary Authority.--In addition to investigations 
conducted pursuant to subsection (a), the Administrator may send fire 
investigators to conduct investigations at the site of any fire with 
unusual or remarkable context that results in losses less severe than 
those occurring as a result of a major fire, in coordination with 
appropriate Federal, State, and local authorities, including Federal 
agencies that are authorized to investigate a major fire or an incident 
of which the major fire is a part.
    ``(e) Major Fire Defined.--For purposes of this section, the term 
`major fire' shall have the meaning given such term under regulations 
to be issued by the Administrator.''.

SEC. 114. CRITICAL INFRASTRUCTURE AND MICROGRID PROGRAM.

    (a) Definitions.--In this section:
            (1) Critical facility.--
                    (A) In general.--The term ``critical facility'' 
                means a facility that provides services or may be 
                used--
                            (i) to save lives;
                            (ii) to protect property, public health, 
                        and public safety; or
                            (iii) to lessen or avert the threat of a 
                        catastrophe.
                    (B) Inclusions.--The term ``critical facility'' 
                includes--
                            (i) a hospital;
                            (ii) an outpatient clinic;
                            (iii) a nursing home;
                            (iv) a police station;
                            (v) an emergency operation center;
                            (vi) a jail or prison;
                            (vii) a fire station;
                            (viii) a facility in the communications 
                        sector, as determined by the Secretary;
                            (ix) a facility in the chemical sector, as 
                        determined by the Secretary;
                            (x) a school or other large building that 
                        may serve as a temporary gathering space;
                            (xi) a utility station, such as a water and 
                        wastewater station; and
                            (xii) a facility described in subparagraph 
                        (A) that is owned or operated by, or provides 
                        services to, an Indian Tribe (as defined in 
                        section 4 of the Indian Self-Determination and 
                        Education Assistance Act (25 U.S.C. 5304)).
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of Energy.
    (b) Critical Infrastructure and Microgrid Program.--
            (1) In general.--The Secretary shall establish a program--
                    (A) to provide grants to improve the energy 
                resilience and power needs of critical facilities 
                through the use of microgrids, renewable energy, energy 
                efficiency, reduced electricity demand, and on-site 
                storage;
                    (B) to provide grants to improve the energy 
                efficiency of critical facilities by decreasing the 
                size and cost of generators;
                    (C) to provide technical assistance and facilitate 
                the distribution and sharing of information to develop 
                more resilient electricity systems (including bulk 
                systems and localized systems); and
                    (D) to promulgate consumer-facing information and 
                resources to inform the public on best practices and 
                resources related to increasing resilience of 
                electricity systems and reducing the impacts of extreme 
                weather events on electricity systems.
            (2) Requirements.--In carrying out the program established 
        under paragraph (1), the Secretary shall ensure, with respect 
        to critical facilities--
                    (A) provision of on-site back-up power with 
                renewable resources, low-carbon liquid fuels, and on-
                site energy storage technologies; and
                    (B) installation, at the transmission and 
                distribution level, of interoperable technologies, 
                advanced power flow control, dynamic line rating, 
                topology optimization, and communications systems.
            (3) Interested party input.--In establishing the program 
        under paragraph (1), the Secretary shall seek the input of 
        State energy regulators, electric utilities (as defined in 
        section 3 of the Federal Power Act (16 U.S.C. 796)), regional 
        transmission organizations and independent system operators, 
        electric utility customers and ratepayer organizations, local 
        governments, community choice aggregators or regional energy 
        collaboratives, and other interested parties.
    (c) Authorization of Appropriations.--
            (1) In general.--There is authorized to be appropriated to 
        the Secretary $100,000,000 to carry out this section, to remain 
        available until expended.
            (2) Administrative costs.--Of the amount authorized to be 
        appropriated to carry out this section, not more than 10 
        percent authorized to be appropriated for salaries and 
        expenses, administrative management, and oversight of the 
        program established under subsection (b)(1).

SEC. 115. ADVANCED TRANSMISSION TECHNOLOGY STUDY.

    (a) In General.--Not later than 1 year after the date of enactment 
of this Act, the Secretary of Energy shall--
            (1) conduct a study on the ability of advanced transmission 
        technologies, including low sag advanced conductors, to reduce 
        the vulnerability of electric grid infrastructure to energy 
        disruptions caused by natural disasters and extreme weather; 
        and
            (2) submit to the appropriate committees of Congress the 
        results of such study.
    (b) Definitions.--In this section, the term ``appropriate 
committees of Congress'' means--
            (1) the Committee on Energy and Commerce of the House of 
        Representatives; and
            (2) the Committee on Energy and Natural Resources of the 
        Senate.

SEC. 116. RURAL COMMUNITIES DRINKING WATER RESILIENCY.

    (a) New Well Construction Grants.--Subtitle A of the Consolidated 
Farm and Rural Development Act (7 U.S.C. 1922-1936c) is amended by 
inserting after section 306E the following:

``SEC. 306F. NEW WELL CONSTRUCTION GRANTS.

    ``(a) In General.--The Secretary shall provide grants in accordance 
with this section to local governments and public or private nonprofit 
entities for projects designed to supply drinking water to rural 
communities in which a significant number of dwellings with private 
drinking water wells have wells that are not producing water.
    ``(b) Use of Funds.--Grants made under this section may be used--
            ``(1) for waterline extensions from existing systems, 
        laying of new waterlines, repairs or maintenance to an existing 
        system, digging of new wells or development of other sources of 
        water designed to replace sources of drinking water with high 
        levels of nitrates, equipment replacement, and hook-up fees; 
        and
            ``(2) in the case of a project designed to benefit a rural 
        community outside the jurisdiction of the grantee, to maintain 
        existing water supplies of the grantee that will be reduced as 
        a result of the project.
    ``(c) Rural Community.--In this section, the term `rural community' 
does not include--
            ``(1) any area in any city or town with a population in 
        excess of 10,000 inhabitants according to the most recent 
        decennial census of the United States; and
            ``(2) any area with a median household income in excess of 
        the State nonmetropolitan median household income.
    ``(d) Full Funding.--Grants under this section shall be made in an 
amount equal to 100 percent of the costs of the projects conducted 
under this section.
    ``(e) Application.--Subsection (h) of section 306A shall apply with 
respect to the administration of applications for grants under this 
section.
    ``(f) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $50,000,000 for each of fiscal 
years 2023 through 2027.''.
    (b) Repeal.--Effective 5 years after the date of the enactment of 
this section, section 306F of the Consolidated Farm and Rural 
Development Act, as added by the amendment made by subsection (a), is 
repealed.

              TITLE II--NATIONAL DISASTER SAFETY BOARD ACT

SEC. 201. ESTABLISHMENT AND PURPOSE.

    (a) Organization.--There is established in the executive branch a 
National Disaster Safety Board, which shall be an independent 
establishment, as defined in section 104 of title 5, United States 
Code.
    (b) Purpose.--The purposes of the Board are--
            (1) to reduce loss of life, injury, and economic injury 
        caused by future incidents by learning from natural hazards, 
        including the impacts and underlying factors of such incidents, 
        in a standardized way;
            (2) to maintain a focus that is future-looking and national 
        in scope, by applying what the Board learns through the trends 
        that emerge from the incidents the Board reviews nationally to 
        prevent loss of life, or human or economic injury, not only in 
        the affected jurisdiction, but nationally, as the Board 
        determines relevant;
            (3) in carrying out reviews, analyses, and recommendations, 
        not to be accusatory in nature and the Board shall not seek to 
        find blame in any individual or organization, or second-guess 
        any relevant authorities;
            (4) to address systemic causes behind the loss of life and 
        human or economic injury in incidents, including by 
        recommending the augmentation of resources available to 
        entities responsible for managing incident consequences; and
            (5) while preventing economic injury as part of the mission 
        of the Board, when relevant, to prioritize efforts that focus 
        on lifesaving and injury prevention, especially in 
        disproportionately impacted communities, as its work determines 
        them to be.

SEC. 202. GENERAL AUTHORITY.

    (a) Authority To Review.--
            (1) In general.--Subject to subsection (b), the Board shall 
        review and establish the facts, circumstances, and cause or 
        probable cause of the loss of life, human injury, and economic 
        injury due to a natural hazard with 10 or more fatalities or 
        that meets the requirements described in paragraph (5) or (6) 
        of subsection (b) that occurs after the date of enactment of 
        this Act.
            (2) Due to a natural hazard incident defined.--For purposes 
        of paragraph (1), the term ``due to a natural hazard'' means a 
        fatality that, if not for the natural hazard incident, as the 
        case may be, would not have occurred within the time frame of 
        the incident, as defined by standards developed by the Board.
    (b) Determination of Whether Incident Warrants Board Review.--In 
carrying out subsection (a), the Board--
            (1) may begin the review of an incident, including by 
        monitoring the natural hazard and collecting facts, before the 
        total number of fatalities is known if the Board determines 
        that the natural hazard incident has the potential to cause 10 
        or more fatalities at its onset, in accordance with the 
        policies and procedures established by the Board;
            (2) may, by a two-thirds vote, decide that an incident that 
        caused 10 or more fatalities does not require a review and 
        shall issue a public statement explaining the determination;
            (3) may, by a majority vote, decide to review any natural 
        hazard incident that occurs after the date of enactment of this 
        Act upon request from a representative of an affected State, 
        Tribal government, or unit of local government, regardless of 
        the number of fatalities;
            (4) may, by a majority vote, decide to review any natural 
        hazard incident that occurs after the date of enactment of this 
        Act upon recommendation by the Office for the Protection of 
        Disproportionately Impacted Communities of the Board, which the 
        Office may make because of the incident's impacts on 
        populations that are socially, medically, or economically 
        vulnerable, as decided by the Office; and
            (5) may, by a majority vote, decide to review a natural 
        hazard incident that occurs after the date of enactment of this 
        Act if--
                    (A) the Board determines that information may be 
                gained by the review that will be useful in reducing 
                systemic causes behind the loss of life and human or 
                economic injury; and
                    (B) the incident--
                            (i) did not result in 10 or more 
                        fatalities; and
                            (ii)(I) could have resulted in a large 
                        number of fatalities if not for swift 
                        intervention or a shift in the course of 
                        events; or
                            (II) resulted in, as determined by the 
                        Board--
                                    (aa) a significant amount of 
                                economic or infrastructure damage;
                                    (bb) significant human 
                                displacement; or
                                    (cc) a significant number of severe 
                                non-fatal injuries or cases of severe 
                                illness; and
            (6) shall, by majority vote, determine whether each 
        incident for which the President issues a major disaster 
        declaration under section 401 of the Robert T. Stafford 
        Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170) 
        meets the criteria for review under paragraph (5).
    (c) Nature of Review.--
            (1) In general.--In carrying out a review under this title, 
        the Board shall--
                    (A) conduct the review to determine the facts, 
                conditions, and circumstances relating to the loss of 
                life, human injury, and economic injury due to an 
                incident;
                    (B) following an initial assessment of an incident 
                by the Board, notify any individual or organization 
                that the Board anticipates will be affected by the 
                review as to the extent of the expected review response 
                of the Board;
                    (C) use the results of the review under 
                subparagraph (A) to--
                            (i) determine how and why people die and 
                        are injured during an incident; and
                            (ii) issue recommendations to prevent or 
                        mitigate the loss of life, human injury, or 
                        economic injury due to similar incidents; and
                    (D) report on the facts and circumstances of the 
                incident review, including the pre-incident resilience 
                or vulnerabilities of the incident area or population.
            (2) Generalized nature of reviews.--A review of loss of 
        life and injury conducted by the Board shall--
                    (A) be generalized;
                    (B) focus on trends across an incident; and
                    (C) not aim to determine the exact individual cause 
                of death or injury of any affected people.
            (3) Fact-finding proceeding.--Any review of an incident by 
        the Board under this title shall be a fact-finding proceeding 
        with no adverse parties.
            (4) Limitation of applicability of other acts.--
                    (A) Administrative procedure act.--Any review 
                proceedings of the Board under this title shall not 
                be--
                            (i) subject to the Administrative Procedure 
                        Act (5 U.S.C. 551 et seq.); or
                            (ii) conducted for the purpose of 
                        determining the rights, liabilities, or blame 
                        of any person, as the review is not an 
                        adjudicatory proceeding.
                    (B) Paperwork reduction act.--Chapter 35 of title 
                44, United States Code (commonly known as the 
                ``Paperwork Reduction Act''), shall not apply to the 
                review proceedings of the Board under this title.
                    (C) Federal advisory committee act.--The Federal 
                Advisory Committee Act (5 U.S.C. App.) shall not apply 
                to the Board.
            (5) Initiating reviews.--The Board shall initiate a review 
        of an incident by monitoring the situation and assessing 
        available facts to determine the appropriate review response, 
        without interfering in any ongoing lifesaving and life 
        sustaining efforts underway by other entities.
            (6) Alignment and coordination.--In carrying out this 
        title, the Board shall coordinate with Federal, State, local, 
        and Tribal entities to--
                    (A) establish or adopt standard methods of 
                measuring the impacts of natural hazards and accessing 
                response capacity and capabilities to maintain 
                consistency and allow for the analysis of trends over 
                time;
                    (B) ensure that the standard data sets and formats 
                necessary for reviews developed under subparagraph (A) 
                are propagated among Federal, State, local, and tribal 
                entities that may be involved in response operations;
                    (C) leverage, to the extent practicable, data 
                collected using standard data sets and formats 
                established under subparagraph (B) by Federal entities 
                involved in response operations to avoid any 
                duplication of data collection; and
                    (D) during incident response operations, coordinate 
                with partners active in the operation to collect data 
                remotely or take other actions that the Board finds 
                necessary to align and coordinate the requirements of 
                the review with ongoing operations, including through 
                the requirements of paragraph (7).
            (7) Incident command.--The Board shall--
                    (A) recognize the role of incident command systems 
                to address incidents;
                    (B) observe the incident command system to identify 
                and coordinate review needs related to the preservation 
                and collection of information and evidence; and
                    (C) shall collect information and evidence from the 
                incident command in a timely and reasonable manner so 
                as not to interfere with the operations of the incident 
                command.
            (8) Parties to the review.--
                    (A) Participants.--Subject to subparagraph (B), the 
                Board may invite one or more entities to serve as a 
                party in a review on a voluntary basis, and any party 
                participant shall be required to follow all directions 
                and instructions from the Board.
                    (B) Eligible entity.--In designating an entity to 
                serve as a party under subparagraph (A), the Board may 
                designate only a Federal, State, or local government 
                agency or private organization whose employees, 
                functions, activities, or products were involved in the 
                incident, including responsible parties, and that can 
                provide suitable qualified technical personnel to 
                actively assist in the review.
                    (C) Representatives of eligible entities.--To the 
                extent practicable, a representative proposed by an 
                entity designated as a party under subparagraph (A) to 
                participate in the review may not be an individual who 
                had direct involvement in the incident under review.
                    (D) Revocation of party status.--A designation as a 
                party under subparagraph (A) may be revoked or 
                suspended by the Board if the party fails to comply 
                with assigned duties and instructions, withholds 
                information, or otherwise acts in a manner prejudicial 
                or disruptive to a review.
                    (E) Rule of construction.--Nothing in this 
                paragraph shall be construed to establish a right for 
                any entity to participate in a Board review as a party.
                    (F) Internal review by a party.--To assure 
                coordination of concurrent efforts, a party to a review 
                that conducts or authorizes an internal review of the 
                processes and procedures of the party as a result of an 
                incident that the Board is reviewing shall--
                            (i) inform the Board of the nature of the 
                        review; and
                            (ii) provide to the Board findings from the 
                        review.
            (9) Review procedures.--In addition to any procedures 
        required under this title, the Board shall determine and 
        publish detailed review procedures as the Board determines 
        necessary.
            (10) Products.--The Board may use any medium that will 
        effectively convey the findings and recommendations of the 
        Board to the targeted audience of such findings or 
        recommendations.
    (d) Review by Affected Authorities.--
            (1) In general.--When the Board has completed the findings 
        and recommendations or other products as a result of a review 
        under this title, the Board shall provide all affected States, 
        Tribal governments, and units of local government, or their 
        designees, an opportunity to review and comment not later than 
        30 days before the publication of the findings or 
        recommendations.
            (2) Requirement.--The Board shall make every reasonable 
        effort, within its discretion, to respond to requests for 
        additional information and context that an affected 
        jurisdiction may make and to edit their findings and 
        recommendations with any useful additional information or 
        context provided by any affected jurisdiction in its comments 
        without affecting the integrity or independence of the review 
        and its findings and recommendations, as the Board shall 
        determine.
    (e) Disproportionately Impacted Communities.--
            (1) In general.--In carrying out a review of an incident 
        under this section, including in determining whether to launch 
        a review, the Board shall ensure the potential development of 
        findings that would benefit the prevention of loss of life and 
        human or economic injury to populations that are socially, 
        medically, or economically vulnerable, as decided by the Board.
            (2) Data requirement.--To forward the analysis and 
        identification of trends of fatalities and injuries as a result 
        of incidents, the Board shall publish information regarding the 
        number of fatalities and injuries, and the facts and 
        circumstances surrounding them, disaggregated by race, color or 
        ethnicity, religion, nationality, sex, age, disability, English 
        proficiency, occupation, or economic status, and other 
        demographic characteristics that the Board may determine 
        appropriate.
    (f) Coordination With Other Reviews and Investigations.--
            (1) In general.--Subject to the requirements of this 
        section, a review of a natural hazard incident by the Board 
        under subsection (a)(1) shall have priority over any 
        investigation by another department, agency, or instrumentality 
        of the Federal Government or a State, Tribal, or local 
        government.
            (2) Participation by other agencies.--The Board shall 
        provide for appropriate participation by other departments, 
        agencies, or instrumentalities in a review conducted by the 
        Board, except that another department, agency, or 
        instrumentality may not influence the final findings of the 
        Board.
            (3) Coordination.--The Board shall coordinate with all 
        other Federal, State, Tribal, or local legally mandated 
        investigations or reviews and may share information with those 
        entities, according to policies and procedures that the Board 
        will provide, to ensure that appropriate findings and 
        recommendations to reduce loss of life, injury, and economic 
        injury caused by future incidents are produced as efficiently 
        as possible.
            (4) Memoranda of understanding.--Not later than 1 year 
        after the date of enactment of this Act, and biennially 
        thereafter, the Chairman of the Board shall enter into 
        memoranda of understanding with the Director of the National 
        Institute of Standards and Technology, the Administrator of the 
        Federal Emergency Management Agency, the Chairman of the 
        Chemical Safety Board, and the Chairman of the National 
        Transportation Safety Board, respectively, and may enter into 
        additional memoranda of understanding with any other Federal 
        entity that requests such due to the relationship that the 
        requirements of the Federal entity may have with the 
        requirements with the Board, in order to--
                    (A) determine the appropriate roles and 
                responsibilities of the Board with respect to the other 
                agency or board;
                    (B) avoid any duplication of effort; and
                    (C) ensure that appropriate findings and 
                recommendations to reduce loss of life, injury, and 
                economic injury caused by future incidents are 
                provided.
    (g) Participation in Support of Another Agency.--
            (1) In general.--
                    (A) Investigation of acts of violence.--The Board 
                may participate in an investigation of an act of 
                violence in support of another Federal department or 
                agency, or other Federal investigative body with 
                statutory authority to lead such an investigation, if 
                the head of the lead investigative agency determines 
                that the participation of the Board would be beneficial 
                to reduce the likelihood of the loss of life and human 
                or economic injury, for future similar incidents.
                    (B) Investigation of technological incidents.--
                            (i) In general.--The Board may participate 
                        in an investigation of a technological 
                        incident--
                                    (I) in support of another Federal 
                                department or agency, or other Federal 
                                investigative body with statutory 
                                authority to lead such an 
                                investigation, if the head of the lead 
                                investigative agency determines that 
                                the participation of the Board would be 
                                beneficial to reduce the likelihood of 
                                the loss of life and human or economic 
                                injury, for future similar incidents; 
                                or
                                    (II) in the case of no statutory 
                                authority for another Federal 
                                department or agency, or other Federal 
                                investigative body, to lead such an 
                                investigation, as the lead 
                                investigative entity.
                            (ii) Memoranda of understanding.--Not later 
                        than 1 year after the date of enactment of this 
                        Act, and biennially thereafter, the Chairman of 
                        the Board shall enter into memoranda of 
                        understanding with the heads of appropriate 
                        Federal agencies in order to--
                                    (I) determine the appropriate roles 
                                and responsibilities of the Board in 
                                investigating technological incidents 
                                with respect to the other agency;
                                    (II) avoid any duplication of 
                                effort; and
                                    (III) ensure that appropriate 
                                findings and recommendations to reduce 
                                loss of life, injury, and economic 
                                injury caused by future incidents are 
                                provided.
            (2) Findings.--If the Board participates in an act of 
        violence or technological incident investigation under 
        subparagraph (A), the Board may issue independent findings and 
        recommendations notwithstanding the outcome of any 
        investigation conducted by another Federal agency or other 
        Federal investigative body.
            (3) Criminal circumstances.--If the Attorney General, in 
        consultation with the Chairperson, determines and notifies the 
        Board that circumstances reasonably indicate that the act of 
        violence or technological incident described in subparagraph 
        (A) may have been caused by an intentional criminal act, the 
        Board shall relinquish investigative priority to the 
        responsible Federal law enforcement entity.
            (4) Rule of construction.--This section shall not be 
        construed to affect the authority of another department, 
        agency, or instrumentality of the Federal Government to 
        investigate an incident under applicable law or to obtain 
        information directly from the parties involved in, and 
        witnesses to, the incident. The Board and other departments, 
        agencies, and instrumentalities shall ensure that appropriate 
        information developed about the incident is exchanged in a 
        timely manner.
    (h) Technical Assistance.--The Board may make the following types 
of technical assistance available to Federal, State, Tribal, and local 
government agencies and to private entities as designated by a Federal, 
State, Tribal, or local government agency:
            (1) Independent review.--The Board shall disseminate best 
        practices to develop disaster investigation and review capacity 
        within State, Tribal, and local governments.
            (2) Implementation of recommendations.--The Board--
                    (A) may provide technical assistance to any entity 
                identified as responsible for implementing a 
                recommendation under section 203(a)(1) to assist the 
                entity in implementing the recommendation; and
                    (B) to the extent possible, shall provide the 
                technical assistance described in subparagraph (A) in 
                coordination with technical assistance offered by 
                another Federal department or agency.
            (3) Prioritization.--In offering technical assistance under 
        this subsection, the Board shall use a risk-based method of 
        prioritization, as the Board determines appropriate.
    (i) Findings.--
            (1) In general.--Except as provided in paragraph (2), not 
        later than 1 year after the date on which the Board initiates a 
        review conducted under this section, the Board shall make the 
        findings and relevant underlying data of the review available 
        to the public.
            (2) Extension of deadline.--The Chairperson of the Board 
        may extend the 1-year period described in paragraph (1) if the 
        Chairperson, before the end of such 1-year period--
                    (A) provides an explanation for the extension; and
                    (B) makes available to the public all available 
                interim findings and underlying data.

SEC. 203. RECOMMENDATIONS AND RESPONSES.

    (a) In General.--If the Board issues a recommendation about an 
incident, the Board shall--
            (1) explain the relationship between any recommendation and 
        the results of a fact-finding review;
            (2) identify each relevant entity responsible for making 
        the change called for in the recommendation, including State, 
        local, or private entities, as appropriate;
            (3) publish any responses to the recommendation publicly; 
        and
            (4) assess whether the responses adequately lower the 
        likelihood that a future similar incident will result in loss 
        of life, or human or economic injury in the view of the Board.
    (b) Federal Responses to Recommendations.--
            (1) In general.--All Federal departments and agencies 
        identified in a recommendation made by the Board shall reply to 
        the recommendations not later than 90 days after the date on 
        which the recommendation is published by the Board.
            (2) Response described.--A response under paragraph (1) 
        made by a Federal department or agency shall include--
                    (A) whether the department or agency intends to 
                adopt the recommendation in whole, in part, or not at 
                all;
                    (B) an explanation of the reasons for only adopting 
                the recommendation in part or not at all; and
                    (C) a proposed timetable for completing the action 
                the Federal department or agency has agreed to.
            (3) Progress updates.--A Federal department or agency that 
        agrees to adopt a recommendation of the Board shall--
                    (A) track the progress of the department or agency 
                toward completion; and
                    (B) provide an update to the Board, to be published 
                publicly, periodically, and not less frequently than 
                annually.
    (c) Public Availability.--
            (1) In general.--Not later than 1 year after the date on 
        which a final determination is made on a recommendation under 
        this section, the Board shall make a copy of the recommendation 
        and response to the recommendation available to the public.
            (2) Extension of deadline.--The Chairperson of the Board 
        may extend the 1-year period described in paragraph (1) if the 
        Chairperson, before the end of such 1-year period--
                    (A) provides an explanation for the extension; and
                    (B) makes available to the public any available 
                interim response to the recommendation and underlying 
                data.
    (d) Dissemination.--The Board shall propagate each recommendation 
issued under this section, including by--
            (1) incorporating the recommendation, and any related 
        findings, into training material used by Federal, State, 
        Tribal, and private training facilities specializing in 
        building resilience to and responding to and recovering from 
        natural hazards, as the Board deems appropriate;
            (2) coordinating with professional associations related to 
        building resilience to and responding to and recovering from 
        natural hazards;
            (3) collaborating with relevant Federal, State, and Tribal 
        authorities and private organizations; and
            (4) coordinating with private and public institutions of 
        higher education and research institutions.

SEC. 204. REPORTS AND STUDIES.

    (a) Studies and Other Reports.--
            (1) In general.--The Board shall annually submit a report 
        containing the information described in paragraph (2) to--
                    (A) Congress;
                    (B) any department, agency, or instrumentality of 
                the Federal Government concerned with natural hazards;
                    (C) all State and Tribal governments; and
                    (D) the general public.
            (2) Information described.--The information described in 
        this paragraph is--
                    (A) the results of special studies on how to reduce 
                morbidity and mortality from incidents;
                    (B) an examination of techniques and methods of 
                evaluating measures to protect the public from 
                incidents and periodically publish recommended 
                procedures for reviews;
                    (C) evaluation and examination of the effectiveness 
                of the findings of the Board about the natural hazard 
                resilience of other departments, agencies, and 
                instrumentalities of the Federal Government and their 
                effectiveness in preventing loss of life, or human or 
                economic injury; and
                    (D) recommend meaningful responses to reduce the 
                likelihood of loss of life, or human or economic 
                injury, according to the findings of the above-
                mentioned research, including national and regional 
                policies and programs.
    (b) Biennial Report.--Not later than June 1, 2023, and once every 2 
years thereafter, the Board shall submit a report to Congress, which 
shall include--
            (1) a statistical and analytical summary of the reviews 
        conducted and reviewed by the Board during the prior 2 calendar 
        years;
            (2) a survey and summary of the recommendations made by the 
        Board and the observed response to each recommendation, 
        including the classification, containing a written 
        justification and explanation of each recommendation as--
                    (A) open, if, in the determination of the Board, 
                sufficient action to fulfill the intent of the 
                recommendation has not been taken and still should be;
                    (B) closed, if, in the determination of the Board, 
                sufficient action to fulfill the intent of the 
                recommendation has been taken and no further action is 
                necessary; and
                    (C) outdated, if, in the determination of the 
                Board, the recommendation is no longer relevant because 
                of any change in circumstances or actions by parties 
                other than the intended recipient of the 
                recommendation;
            (3) an assessment of efforts of Federal, State, Tribal, and 
        local governments to respond to recommendations made by the 
        Board, if such entities have voluntarily provided information 
        to the Board on the progress of the entity;
            (4) a description of the training undertaken by the Board 
        and its staff and persons sponsored by the Board;
            (5) a list of natural hazards that caused 10 or more 
        fatalities that the Board did not review and a recommendation 
        with justification by the Board of whether similar incidents 
        should be reviewed in the future;
            (6) a recommendation on how, if at all, the thresholds and 
        triggers for a review by the Board should change;
            (7) an assessment of the sufficiency of Federal resources 
        provided to State, Tribal, and local governments in aggregate 
        relative to any vulnerabilities that the Board determines the 
        governments have;
            (8) a list of all requests for review from Governors of 
        States and territories and chief executives of Tribal 
        governments or recommended by the office established under 
        section 205(f)(2) that the Board rejected, including comments 
        and recommendations from the Board regarding whether similar 
        incidents should be reviewed in the future; and
            (9) a list of ongoing reviews that have exceeded the 
        expected time allotted for completion by Board order and an 
        explanation for the additional time required to complete each 
        such review.
    (c) Dissemination.--The Board shall propagate the information 
described in subsection (a)(2), including by--
            (1) incorporating the information into training material 
        used by Federal, State, Tribal, and private training facilities 
        specializing in building resilience to and responding to and 
        recovering from natural hazards, as the Board deems 
        appropriate;
            (2) coordinating with professional associations related to 
        building resilience to and responding to and recovering from 
        natural hazards;
            (3) collaborating with relevant Federal, State, and Tribal 
        authorities and private organizations; and
            (4) coordinating with private and public institutions of 
        higher education and research institutions.

SEC. 205. APPOINTMENT AND ORGANIZATION.

    (a) Appointment of Members.--
            (1) In general.--The Board shall be composed of 7 members, 
        who shall, in accordance with paragraph (2) and subject to 
        paragraph (3), be appointed by the President, by and with the 
        advice and consent of the Senate.
            (2) Procedure.--
                    (A) Initial appointments.--The President shall, in 
                consultation with the National Academies of Sciences, 
                Engineering, and Medicine and relevant professional 
                associations and leaders in the private sector, appoint 
                the 7 members of the Board from among a list of 14 
                individuals provided by both houses of Congress, of 
                which--
                            (i) the majority leader of the Senate shall 
                        provide the names of 4 individuals;
                            (ii) the minority leader of the Senate 
                        shall provide the names of 3 individuals;
                            (iii) the Speaker of the House of 
                        Representatives shall provide the names of 4 
                        individuals; and
                            (iv) the minority leader of the House of 
                        Representatives shall provide the names of 3 
                        individuals.
                    (B) Subsequent appointments.--Any vacancy of the 
                Board shall be filled in the same manner as the 
                original appointment.
            (3) Requirements.--Of the 7 members appointed under 
        paragraph (1)--
                    (A) not more than 4 members may be appointed from 
                the same political party;
                    (B) all members shall be appointed on the basis of 
                technical qualification, professional standing, and 
                demonstrated knowledge in emergency management, fire 
                management, emergency medical services, public-health, 
                physical sciences, social science, behavioral science, 
                or architectural and engineering with post-disaster 
                evaluation or building forensics expertise in their 
                respective field;
                    (C) a minimum of 2 members shall have experience 
                working at the State or municipal level in 1 of the 
                fields described in subparagraph (B); and
                    (D) a minimum of 2 members shall have demonstrated 
                professional experience working with populations that 
                have historically been more vulnerable to incidents 
                because of their race, color, nationality, sex, age, 
                disability, English proficiency, or economic status.
    (b) Terms of Office and Removal.--
            (1) Term of office.--Except as provided in paragraph (2), 
        the term of office of each member shall be 5 years.
            (2) Filling of vacancy.--An individual appointed to fill a 
        vacancy occurring before the expiration of the term for which 
        the predecessor of that individual was appointed is appointed 
        for the remainder of that term.
            (3) Continuation until successor is appointed.--When the 
        term of office of a member ends, the member may continue to 
        serve until a successor is appointed and confirmed.
            (4) Removal.--The President may remove a member only for 
        inefficiency, neglect of duty, or malfeasance in office. 
        Immediately upon removing a member of the Board, the President 
        shall issue a public statement that details how the actions of 
        the removed member met the criteria of this paragraph.
    (c) Chairperson and Vice Chairperson.--
            (1) Chairperson.--The President shall designate, by and 
        with the advice and consent of the Senate, a member appointed 
        under subsection (b) to serve as the Chairperson of the Board.
            (2) Vice chairperson.--The President shall designate a 
        member appointed under subsection (b) to serve as the Vice 
        Chairperson of the Board and if the Chairperson is absent or 
        unable to serve, or if the position of Chairperson is vacant, 
        the Vice Chairperson shall act as the Chairperson.
            (3) Term of office.--The Chairperson and Vice Chairperson 
        shall each serve in such position for a term of 3 years.
    (d) Duties and Powers of Chairperson.--
            (1) In general.--The Chairperson shall be the chief 
        executive and administrative officer of the Board.
            (2) Powers.--Subject to the general policies and decisions 
        of the Board, the Chairperson shall--
                    (A) appoint and supervise officers and employees, 
                other than regular and full-time employees in the 
                immediate offices of another member, necessary to carry 
                out this title;
                    (B) fix the pay of officers and employees necessary 
                to carry out this title;
                    (C) distribute business among the officers, 
                employees, and administrative units of the Board; and
                    (D) supervise the expenditures of the Board.
    (e) Quorum.--
            (1) In general.--Subject to paragraphs (2) and (3), 4 
        members of the Board shall constitute a quorum for purposes of 
        carrying out the duties and powers of the Board, subject to the 
        limitations in the remainder of this subsection.
            (2) Party limitation.--Not less than 1 representative from 
        each party shall be present for a quorum to be established.
            (3) Chairperson.--Either the Chairperson or Vice 
        Chairperson shall be present for a quorum to be established.
    (f) Offices.--
            (1) In general.--The Board shall establish such offices as 
        are necessary to carry out this title, which may include 
        offices responsible for--
                    (A) operations;
                    (B) science and methodology;
                    (C) review and evaluation;
                    (D) communications;
                    (E) external coordination; or
                    (F) technical assistance.
            (2) Office for the protection of disproportionately 
        impacted communities.--
                    (A) In general.--The Board shall establish an 
                office to review and make recommendations to mitigate 
                and prevent the loss of life, or human or economic 
                injury for vulnerable populations, including 
                populations that may be more vulnerable because of 
                their race, color, religion, nationality, sex, age, 
                disability, English proficiency, or economic status, or 
                other demographic characteristics that the Board may 
                determine appropriate.
                    (B) Responsibilities.--The office established under 
                paragraph (1) shall--
                            (i) provide recommendations to the Board 
                        for incidents to review in accordance with 
                        section 202(b)(4) that do not otherwise meet 
                        the requirements of section 202(b);
                            (ii) determine and maintain a list specific 
                        demographic, economic, social, and health 
                        characteristics of populations that 
                        historically have shown to be 
                        disproportionately impacted by incidents;
                            (iii) during a review conducted by the 
                        Board, provide research and analysis on how the 
                        incident impacts populations that the Office 
                        determines to be disproportionately impacted;
                            (iv) provide recommendations for each 
                        review conducted by the Board and for each 
                        report developed under section 204 on actions 
                        that can be taken to reduce the impact to 
                        populations that are found to be 
                        disproportionately impacted under clause (ii); 
                        and
                            (v) provide training, and establish 
                        training requirements, for Board members and 
                        staff in the fields of diversity, inclusion, 
                        and equity in consultation with organizations 
                        specializing in those fields.
            (3) Regional offices.--In establishing offices under this 
        subsection, the Board may establish regional offices across the 
        United States to facilitate collaboration, coordination, and 
        the dissemination of findings, recommendations, and best 
        practices to State, Tribal, and local governments and the 
        private sector in such regions as the Board determines 
        appropriate.
            (4) Purpose.--Each office established under this subsection 
        shall enable the Board to review, report on, and issue 
        recommendations to prevent the loss of life, human injury, and 
        economic injury and deliver technical assistance to disseminate 
        best practices in accordance with this title.
    (g) Chief Financial Officer.--The Chairperson shall designate an 
officer or employee of the Board to serve as the Chief Financial 
Officer, who shall--
            (1) report directly to the Chairperson on financial 
        management and budget execution;
            (2) direct, manage, and provide policy guidance and 
        oversight on financial management and property and inventory 
        control; and
            (3) review the fees, rents, and other charges imposed by 
        the Board for services and things of value it provides and 
        suggest appropriate revisions to those charges to reflect costs 
        incurred by the Board in providing those services and things of 
        value.
    (h) Board Member Staff.--
            (1) In general.--Each member of the Board shall appoint and 
        supervise regular and full-time employees in the immediate 
        office of the member as long as any such employee has been 
        approved for employment by the designated agency ethics 
        official under the same guidelines that apply to all employees 
        of the Board.
            (2) Designation.--With respect to an individual appointed 
        under paragraph (1)--
                    (A) the member of the Board making the appointment 
                shall determine which grade of the General Schedule 
                most closely corresponds with respect to the duties and 
                functions of the position to which the individual is 
                appointed; and
                    (B) during the period of the appointment--
                            (i) the individual shall be compensated at 
                        the appropriate rate of pay for the grade of 
                        the General Schedule with respect to which the 
                        determination is made under subparagraph (A); 
                        and
                            (ii) for the purposes of title 5, United 
                        States Code, and the rules issued under that 
                        title, the individual shall be considered to be 
                        an employee, as that term is defined in section 
                        5331(a) of title 5, United States Code.
            (3) Limitation.--Except for the Chairperson, the 
        appointment authority in paragraph (1) shall be limited to the 
        number of full-time equivalent positions, in addition to 1 
        senior professional staff position at a level not to exceed the 
        GS-15 level of the General Schedule and 1 administrative staff 
        position, allocated to each member of the Board through the 
        annual budget and allocation process of the Board.
    (i) Detailed Staff.--
            (1) Federal employees.--
                    (A) In general.--Upon request of the Board, the 
                head of an agency described in subparagraph (B), or any 
                other Federal department or agency that the Board may 
                request, may detail, on a reimbursable basis, any of 
                the personnel of that department or agency to the Board 
                to assist the Board in carrying out the duties of the 
                Board under this title.
                    (B) Relevant agencies.--For purposes of 
                subparagraph (A), the following are agencies described 
                in this subparagraph:
                            (i) The Federal Emergency Management 
                        Agency.
                            (ii) The Cybersecurity and Infrastructure 
                        Security Agency of the Department of Homeland 
                        Security.
                            (iii) The National Oceanic and Atmospheric 
                        Administration, including the National Weather 
                        Service.
                            (iv) The Department of Defense, including 
                        the Army Corps of Engineers.
                            (v) The Department of Health and Human 
                        Services.
                            (vi) The National Institutes of Health.
                            (vii) The Centers for Disease Control and 
                        Prevention.
                            (viii) The Coast Guard.
                            (ix) The National Transportation Safety 
                        Board.
                            (x) The National Institute of Standards and 
                        Technology.
                            (xi) The Government Accountability Office.
                            (xii) The Department of the Interior, 
                        including the United States Geological Survey.
                            (xiii) Any Office of the Inspector General.
                            (xiv) The Small Business Administration.
                            (xv) The Chemical Safety and Hazard 
                        Investigation Board.
                            (xvi) The Department of Housing and Urban 
                        Development.
                            (xvii) The Department of Agriculture.
            (2) State, local, tribal, and research staff.--
                    (A) In general.--The Board may enter into 
                agreements with State, local, and Tribal governments 
                and relevant nonprofit institutions of higher education 
                and research institutions to request staff, with 
                specialized experience that the Board determines 
                relevant, to be detailed to the Board, on a 
                reimbursable basis, and shall consult with relevant 
                associations and organizations of those entities in 
                developing an efficient process for requesting and 
                receiving detailed staff.
                    (B) Compensation.--The Board shall ensure that any 
                staff members detailed to the Board under this 
                paragraph are compensated equitably and shall pay 
                differences in salaries based on the experience of said 
                staff and in consultation with the Office of Personnel 
                Management.
            (3) Term of detail.--Any staff member detailed to the Board 
        under this section shall be detailed for a term of 1 year and 
        such detail may be extended for not more than two 1-year terms.
            (4) Limitations.--Under this subsection--
                    (A) not more than 25 percent of the total number of 
                staff members working for the Board at any time may be 
                detailees or otherwise nonpermanent staff;
                    (B) a detailee shall serve as an adviser or 
                supplemental professional staff in any office 
                established by the Board under subsection (g); and
                    (C) a detailee may not--
                            (i) determine any final findings or 
                        recommendations; and
                            (ii) be the sole decisionmaker in review or 
                        evaluation methodologies.
    (j) Seal.--The Board shall have a seal that shall be judicially 
recognized.
    (k) Open Meetings.--
            (1) In general.--Except as provided in paragraph (2), the 
        Board shall be considered an agency for purposes of section 
        552b of title 5, United States Code.
            (2) Nonpublic collaborative discussions.--
                    (A) In general.--Notwithstanding section 552b of 
                title 5, United States Code, a majority of the members 
                may hold a meeting that is not open to public 
                observation to discuss official agency business, if--
                            (i) no formal or informal vote or other 
                        official agency action is taken at the meeting;
                            (ii) each individual present at the meeting 
                        is a member or an employee of the Board;
                            (iii) at least 1 member of the Board from 
                        each political party is present at the meeting, 
                        if applicable;
                            (iv) the General Counsel of the Board is 
                        present at the meeting; and
                            (v) the records of the meeting, including 
                        the names of the individuals in attendance, 
                        time, place, and summary to be as thorough as 
                        the Board determines to be prudent, are posted 
                        publicly and online.
                    (B) Disclosure of nonpublic collaborative 
                discussions.--Except as provided under subparagraphs 
                (C) and (D), not later than 2 business days after the 
                conclusion of a meeting under subparagraph (A), the 
                Board shall make available to the public, in a place 
                easily accessible to the public--
                            (i) a list of the individuals present at 
                        the meeting; and
                            (ii) a summary of the matters, including 
                        key issues, discussed at the meeting, except 
                        for any matter the Board properly determines 
                        may be withheld from the public under section 
                        552b(c) of title 5, United States Code.
                    (C) Summary.--If the Board properly determines a 
                matter may be withheld from the public under section 
                552b(c) of title 5, United States Code, the Board shall 
                provide a summary with as much general information as 
                possible on each matter withheld from the public.
                    (D) Active reviews.--If a discussion under 
                subparagraph (A) directly relates to an active review, 
                the Board shall make the disclosure under subparagraph 
                (B) on the date the Board adopts the final report.
                    (E) Preservation of open meetings requirements for 
                agency action.--Nothing in this paragraph may be 
                construed to limit the applicability of section 552b of 
                title 5, United States Code, with respect to a meeting 
                of the members other than that described in this 
                paragraph.
                    (F) Statutory construction.--Nothing in this 
                paragraph may be construed--
                            (i) to limit the applicability of section 
                        552b of title 5, United States Code, with 
                        respect to any information which is proposed to 
                        be withheld from the public under subparagraph 
                        (B)(ii); or
                            (ii) to authorize the Board to withhold 
                        from any individual any record that is 
                        accessible to that individual under section 
                        552a of title 5, United States Code.

SEC. 206. METHODOLOGY.

    (a) In General.--The Board shall conduct each review, issue each 
recommendation, develop each report, and deliver all technical 
assistance authorized under this title using the methods that are in 
accordance with relevant professional best practices, including those 
by analogous review organizations, academia, and government and private 
organizations.
    (b) Required Review.--The Board shall--
            (1) review, on a regular basis, the methodologies of the 
        Board; and
            (2) update the methodologies of the Board in accordance 
        with the findings of each review conducted under paragraph (1).
    (c) Requirement.--In establishing the methodologies of the Board 
under this section, the Board shall incorporate all relevant 
information from relevant Federal, State, and local entities, including 
past experience with similar incidents, exercises, risk assessments, 
and all other past research and analysis.
    (d) Transparency.--The Chairperson shall include with each review 
report in which a recommendation is issued by the Board a methodology 
section detailing the process and information underlying the selection 
of each recommendation.
    (e) Elements.--Except as provided in subsection (f), the 
methodology section under subsection (a) shall include, for each 
recommendation--
            (1) a brief summary of the Board's collection and analysis 
        of the specific information most relevant to the 
        recommendation;
            (2) a description of the Board's use of external 
        information, including studies, reports, and experts, other 
        than the findings of a specific review, if any were used to 
        inform or support the recommendation, including a brief summary 
        of the specific resilience benefits and other effects 
        identified by each study, report, or expert; and
            (3) a brief summary of actions, including important 
        examples, taken by regulated entities before the publication of 
        the recommendation, to the extent such actions are known to the 
        Board, that were consistent with the recommendation.
    (f) Savings Clause.--
            (1) In general.--Nothing in this section may be construed--
                    (A) to delay publication of the findings, cause, or 
                probable cause of a Board review;
                    (B) to delay the issuance of an urgent 
                recommendation that the Board has determined must be 
                issued to avoid immediate death, or human or economic 
                injury; or
                    (C) to limit the number of examples the Board may 
                consider before issuing a recommendation.
            (2) Limitation.--Notwithstanding paragraph (1), the Board 
        shall publish the methodology required under this section not 
        later than 30 days after the date on which the review is 
        initially published.

SEC. 207. ADMINISTRATIVE.

    (a) Authority.--
            (1) In general.--The Board, and when authorized by the 
        Board, a member of the Board, an administrative law judge 
        employed by or assigned to the Board, or an officer or employee 
        designated by the Chairperson, may conduct hearings to carry 
        out this title, administer oaths, and require, by subpoena or 
        otherwise, necessary witnesses and evidence.
            (2) Subpoena authority.--A witness or evidence in a hearing 
        under paragraph (1) of this subsection may be summoned or 
        required to be produced from any place in the United States to 
        the designated place of the hearing. A witness summoned under 
        this subsection is entitled to the same fee and mileage the 
        witness would have been paid in a court of the United States.
            (3) Requirement.--A subpoena shall be issued under the 
        signature of the Chairperson or the Chairperson's designee, but 
        may be served by any person designated by the Chairperson.
            (4) Enforcement.--If a person disobeys a subpoena, order, 
        or inspection notice of the Board, the Board may bring a civil 
        action in a district court of the United States to enforce the 
        subpoena, order, or notice. An action under this paragraph may 
        be brought in the judicial district in which the person against 
        whom the action is brought resides, is found, or does business. 
        The court may punish a failure to obey an order of the court to 
        comply with the subpoena, order, or notice as a contempt of 
        court.
    (b) Additional Powers.--The Board may--
            (1) procure the temporary or intermittent services of 
        experts or consultants under section 3109 of title 5, United 
        States Code;
            (2) make agreements and other transactions necessary to 
        carry out this title without regard to subsections (b), (c), 
        and (d) of section 6101 of title 41, United States Code;
            (3) use, when appropriate, available services, equipment, 
        personnel, and facilities of a department, agency, or 
        instrumentality of the United States Government on a 
        reimbursable or other basis;
            (4) confer with employees and use services, records, and 
        facilities of State and local governmental authorities;
            (5) appoint advisory committees composed of qualified 
        private citizens and officials of the Government and State and 
        local governments as appropriate;
            (6) accept voluntary and uncompensated services 
        notwithstanding another law;
            (7) make contracts with private entities to carry out 
        studies related to duties and powers of the Board; and
            (8) negotiate and enter into agreements with individuals 
        and private entities and departments, agencies, and 
        instrumentalities of the Federal Government, State, Tribal, and 
        local governments, and governments of foreign countries for the 
        provision of facilities, technical services, or training in 
        research theory and techniques, and require that such entities 
        provide appropriate consideration for the reasonable costs of 
        any facilities, goods, services, or training provided by the 
        Board.
    (c) Collection of Funds.--The Board shall deposit in the Treasury 
of the United States amounts received under subsection (b)(8) of this 
subsection to be credited as discretionary offsetting collections to 
the appropriation of the Board, and shall be available only to the 
extent and in the amounts provided in advance in appropriations Acts. 
The Board shall maintain an annual record of collections received under 
subsection (b)(8).
    (d) Submission of Certain Copies to Congress.--
            (1) In general.--When the Board submits to the President or 
        the Director of the Office of Management and Budget a budget 
        estimate, budget request, supplemental budget estimate, other 
        budget information, a legislative recommendation, prepared 
        testimony for congressional hearings, or comments on 
        legislation, the Board must submit a copy to Congress at the 
        same time.
            (2) Limitation.--An officer, department, agency, or 
        instrumentality of the Government may not require the Board to 
        submit the estimate, request, information, recommendation, 
        testimony, or comments to another officer, department, agency, 
        or instrumentality of the Government for approval, comment, or 
        review before being submitted to Congress.
            (3) Budget process.--The Board shall develop and approve a 
        process for the Board's review and comment or approval of 
        documents submitted to the President, Director of the Office of 
        Management and Budget, or Congress under this subsection.
    (e) Liaison Committees.--The Chairperson may determine the number 
of committees that are appropriate to maintain effective liaison with 
other departments, agencies, and instrumentalities of the Federal 
Government, State and local governmental authorities, and independent 
standard-setting authorities that carry out programs and activities 
related to its work. The Board may designate representatives to serve 
on or assist those committees.
    (f) Inquiries.--The Board, or an officer or employee of the Board 
designated by the Chairperson, may conduct an inquiry to obtain 
information related to natural hazard safety after publishing notice of 
the inquiry in the Federal Register. The Board or designated officer or 
employee may require by order a department, agency, or instrumentality 
of the Federal Government, a State, Tribal, or local governmental 
authority, or a person transporting individuals or property in commerce 
to submit to the Board a written report and answers to requests and 
questions related to a duty or power of the Board. The Board may 
prescribe the time within which the report and answers must be given to 
the Board or to the designated officer or employee. Copies of the 
report and answers shall be made available for public inspection.
    (g) Regulations.--The Board may prescribe regulations to carry out 
this title.
    (h) Overtime Pay.--
            (1) In general.--Subject to the requirements of this 
        section and notwithstanding paragraphs (1) and (2) of section 
        5542(a) of title 5, United States Code, for an employee of the 
        Board whose basic pay is at a rate which equals or exceeds the 
        minimum rate of basic pay for GS-10 of the General Schedule, 
        the Board may establish an overtime hourly rate of pay for the 
        employee with respect to work performed in the field (including 
        travel to or from) and other work that is critical to a review 
        in an amount equal to one and one-half times the hourly rate of 
        basic pay of the employee. All of such amount shall be 
        considered to be premium pay.
            (2) Limitation on overtime pay to an employee.--An employee 
        of the Board may not receive overtime pay under paragraph (1), 
        for work performed in a calendar year, in an amount that 
        exceeds 25 percent of the annual rate of basic pay of the 
        employee for such calendar year.
            (3) Basic pay defined.--In this subsection, the term 
        ``basic pay'' includes any applicable locality-based 
        comparability payment under section 5304 of title 5, United 
        States Code (or similar provision of law) and any special rate 
        of pay under section 5305 of such title 5 (or similar provision 
        of law).
            (4) Annual report.--Not later than January 31, 2022, and 
        annually thereafter, the Board shall transmit to Congress a 
        report identifying the total amount of overtime payments made 
        under this subsection in the preceding fiscal year, and the 
        number of employees whose overtime pay under this subsection 
        was limited in that fiscal year as a result of the 25 percent 
        limit established by paragraph (2).
    (i) Entry and Inspection.--
            (1) In general.--An officer or employee of the Board--
                    (A) on display of appropriate credentials and 
                written notice of authority, may--
                            (i) enter an area where an incident has 
                        occurred;
                            (ii) take such actions as are necessary to 
                        conduct a review under this section, so long as 
                        the actions do not interfere with ongoing 
                        lifesaving and life-sustaining operations; and
                            (iii) during reasonable hours, inspect any 
                        record, including an electronic record, 
                        process, control, or facility related to an 
                        incident under this title.
            (2) Requirement.--The Board shall use utmost discretion to 
        prevent interference with ongoing response efforts, including 
        by developing review procedures with input from relevant 
        authorities nationwide.

SEC. 208. DISCLOSURE, AVAILABILITY, AND USE OF INFORMATION.

    (a) Disclosure of Information.--
            (1) In general.--Except as provided in subsections (b), 
        (c), (d), and (f) of this section, a copy of a record, 
        information, or review submitted or received by the National 
        Disaster Safety Board, or a member or employee of the Board, 
        shall be posted publicly.
            (2) Rule of construction.--Nothing in this subsection shall 
        be construed to require the release of information described in 
        section 552(b) of title 5, United States Code, or protected 
        from disclosure by another law of the United States.
    (b) Trade Secrets.--
            (1) In general.--The Board may disclose information related 
        to a trade secret referred to in section 1905 of title 18, 
        United States Code, only--
                    (A) to another department, agency, or 
                instrumentality of the United States Government when 
                requested for official use;
                    (B) to a committee of Congress having jurisdiction 
                over the subject matter to which the information is 
                related, when requested by that committee;
                    (C) in a judicial proceeding under a court order 
                that preserves the confidentiality of the information 
                without impairing the proceeding; and
                    (D) to the public to protect health and safety 
                after giving notice to any interested person to whom 
                the information is related and an opportunity for that 
                person to comment in writing, or orally in closed 
                session, on the proposed disclosure, if the delay 
                resulting from notice and opportunity for comment would 
                not be detrimental to health and safety.
            (2) Requirement.--Information disclosed under paragraph (1) 
        of this subsection may be disclosed only in a way designed to 
        preserve its confidentiality.
            (3) Protection of voluntary submission of information.--
        Notwithstanding any other provision of law, neither the Board, 
        nor any agency receiving information from the Board, shall 
        disclose voluntarily provided safety-related information if 
        that information is not related to the exercise of the Board's 
        review authority under this title and if the Board finds that 
        the disclosure of the information would inhibit the voluntary 
        provision of that type of information.
    (c) Recordings and Transcripts.--
            (1) Confidentiality of recordings.--Except as provided in 
        paragraph (2), the Board may not disclose publicly any part of 
        an original recording or transcript of oral communications or 
        original and contemporary written communications between 
        Federal, State, Tribal, or local officials responding to an 
        incident under review by the Board.
            (2) Exception.--Subject to subsections (b) and (g), the 
        Board shall make public any part of a transcript, any written 
        depiction of visual information obtained from an audio or video 
        recording, or any still image obtained from a recording the 
        Board decides is relevant to the incident--
                    (A) if the Board holds a public hearing on the 
                incident at the time of the hearing; or
                    (B) if the Board does not hold a public hearing, at 
                the time a majority of the other factual reports on the 
                incident are placed in the public docket.
            (3) References to information in making safety 
        recommendations.--This subsection does not prevent the Board 
        from referring at any time to recorded or written information 
        in making safety recommendations.
    (d) Foreign Reviews.--
            (1) In general.--Notwithstanding any other provision of 
        law, neither the Board, nor any agency receiving information 
        from the Board, shall disclose records or information relating 
        to its participation in foreign incident review, except that--
                    (A) the Board shall release records pertaining to 
                such a review when the country conducting the review 
                issues its final report or 2 years following the date 
                of the incident, whichever occurs first; and
                    (B) the Board may disclose records and information 
                when authorized to do so by the country conducting the 
                review.
            (2) Safety recommendations.--Nothing in this subsection 
        shall restrict the Board at any time from referring to foreign 
        review information in making safety recommendations.
    (e) Privacy Protections.--Before making public any still image 
obtained from a video recorder under subsection (c)(2) or subsection 
(d)(2), the Board shall take such action as appropriate to protect from 
public disclosure any information that readily identifies an 
individual, including a decedent.

SEC. 209. TRAINING.

    (a) Use of Training Facilities.--The Board may use, on a 
reimbursable basis, the services of any training facility in the 
Federal Government, including those operated by the Department of 
Homeland Security, Department of Health and Human Services, and 
Department of Commerce. The responsible department or agency shall make 
such training facility and any relevant training course available to--
            (1) the Board for safety training of employees of the Board 
        in carrying out their duties and powers; and
            (2) other relevant personnel of the United States 
        Government, State and local governments, governments of foreign 
        countries, interstate authorities, and private organizations 
        the Board designates in consultation with the relevant 
        departments and agencies.
    (b) Fees.--Training shall be provided at a reasonable fee 
established periodically by the Board in consultation with the relevant 
departments and agencies. The fee shall be paid directly to the 
relevant departments and agencies, and shall be deposited in the 
Treasury.
    (c) Training of Board Employees and Others.--The Board may conduct 
training of its employees in those subjects necessary for proper 
performance. The Board may also authorize attendance at courses given 
under this subsection by other government personnel, personnel of 
foreign governments, and personnel from industry or otherwise who have 
a requirement for training. The Board may require non-Board personnel 
to reimburse some or all of the training costs, and amounts so 
reimbursed shall be credited to the appropriation of the Board as 
discretionary offsetting collections, and shall be available only to 
the extent and in the amounts provided in advance in appropriations 
Acts.

SEC. 210. FUNDING.

    (a) In General.--The following amounts are authorized to be 
appropriated to the Board to carry out this title:
            (1) $25,000,000 for fiscal year 2022.
            (2) $40,000,000 for fiscal year 2023.
            (3) $50,000,000 for fiscal year 2024.
            (4) $60,000,000 for fiscal year 2025.
    (b) Emergency Fund.--
            (1) In general.--There shall be established in the Treasury 
        of the United States an Emergency Fund for the Board, which 
        shall be available to the Board for necessary expenses of the 
        Board, not otherwise provided for, for reviews.
            (2) Appropriations.--There are authorized to be 
        appropriated to the Emergency Fund--
                    (A) $2,000,000 for fiscal year 2022;
                    (B) such sums as are necessary to maintain the 
                Emergency Fund at a level not to exceed $4,000,000 for 
                each fiscal year thereafter; and
                    (C) such other sums as Congress determines 
                necessary.

SEC. 211. AUTHORITY OF THE INSPECTOR GENERAL.

    (a) In General.--The Inspector General of the Department of 
Homeland Security, in accordance with the mission of the Inspector 
General to prevent and detect fraud and abuse, shall have authority to 
review only the financial management, property management, and business 
operations of the Board, including internal accounting and 
administrative control systems, to determine compliance with applicable 
Federal laws, rules, and regulations.
    (b) Duties.--In carrying out this section, the Inspector General 
shall--
            (1) keep the Chairperson of the Board and Congress fully 
        and currently informed about problems relating to 
        administration of the internal accounting and administrative 
        control systems of the Board;
            (2) issue findings and recommendations for actions to 
        address such problems; and
            (3) report periodically to Congress on any progress made in 
        implementing actions to address such problems.
    (c) Access to Information.--In carrying out this section, the 
Inspector General may exercise authorities granted to the Inspector 
General under subsections (a) and (b) of section 6 of the Inspector 
General Act of 1978 (5 U.S.C. App.).
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated to the Office of the Inspector General of the Department 
of Homeland Security such sums as may be necessary to cover expenses 
associated with activities pursuant to the authority exercised under 
this section.

SEC. 212. EVALUATION AND AUDIT OF NATIONAL DISASTER SAFETY BOARD.

    (a) In General.--As determined necessary by the Comptroller General 
of the United States or the appropriate congressional committees, but 
not less frequently than once every 2 years, the Comptroller General of 
the United States shall evaluate and audit the programs and 
expenditures of the Board in order to promote economy, efficiency, and 
effectiveness in the administration of the programs, operations, and 
activities of the Board.
    (b) Responsibility of Comptroller General.--In carrying out 
subsection (a), the Comptroller General of the United States shall 
evaluate and audit the programs, operations, and activities of the 
Board, including--
            (1) information management and security, including privacy 
        protection of personally identifiable information;
            (2) the resource levels of the Board and management of such 
        resources relative to the mission of the Board;
            (3) workforce development;
            (4) procurement and contracting planning, practices, and 
        policies;
            (5) the process and procedures to select an incident to 
        review;
            (6) the extent to which the Board follows leading practices 
        in selected management areas;
            (7) the extent to which the Board addresses management 
        challenges in completing reviews;
            (8) the extent to which the evaluation, review, and 
        recommendation-issuing methodologies of the Board are 
        consistent with established best practice, as determined by the 
        Comptroller General; and
            (9) an impact evaluation of the work of the Board, using 
        the purposes and intent described in this title and by the 
        Board, against the realized results of the Board, according to 
        a methodology determined by the Comptroller General, conducted 
        in a manner that is not overly disruptive to the work of the 
        Board.

SEC. 213. DEFINITIONS.

    In this title:
            (1) Act of violence.--The term ``act of violence'' means an 
        offense described in section 16(a) of title 18, United States 
        Code.
            (2) Board.--The term ``Board'' means the National Disaster 
        Safety Board established under section 202.
            (3) Chairperson.--The term ``Chairperson'' means the 
        Chairperson of the Board designated under section 205.
            (4) Economic injury.--The term ``economic injury'' has the 
        meaning given the term ``substantial economic injury'' in 
        section 7(b) of the Small Business Act (15 U.S.C. 636(b)).
            (5) Incident.--The term ``incident'' means a natural hazard 
        or other circumstance that the Board decides to review.
            (6) Institution of higher education and research 
        institution.--The term ``institution of higher education and 
        research institution'' means--
                    (A) an institution of higher education (as defined 
                in section 101 of the Higher Education Act (20 U.S.C. 
                1001));
                    (B) a National Laboratory (as defined in section 2 
                of the Energy Policy Act of 2005 (42 U.S.C. 15801));
                    (C) a laboratory described in section 308(c)(2) of 
                the Homeland Security Act of 2002 (6 U.S.C. 188(c)(2));
                    (D) the National Domestic Preparedness Consortium 
                established under section 1204 of the Implementing 
                Recommendations of the 9/11 Commission Act of 2007 (6 
                U.S.C. 1102) and the members of such Consortium; and
                    (E) a research institution associated with an 
                institution of higher education.
            (7) Natural hazard.--The term ``natural hazard''--
                    (A) means a major disaster, as defined in paragraph 
                (2) of section 102 of the Robert T. Stafford Disaster 
                Relief and Emergency Assistance Act (42 U.S.C. 5122), 
                that is naturally occurring, regardless of--
                            (i) whether the President makes a 
                        determination with respect to severity and 
                        magnitude of the disaster under such paragraph; 
                        or
                            (ii) the result of such a determination;
                    (B) includes any naturally occurring heat wave, 
                wind storm, wildfire, wildland urban interface fire, 
                urban conflagration fire, or dust storm;
                    (C) includes any combination of events covered by 
                subparagraphs (A) and (B) that causes or threatens to 
                cause loss of human life, or human or economic injury, 
                as determined by the Board; and
                    (D) does not include a technological disaster.
            (8) State.--The term ``State'' has the meaning given the 
        term in section 102 of the Robert T. Stafford Disaster Relief 
        and Emergency Assistance Act (42 U.S.C. 5122).
            (9) Technological disaster.--The term ``technological 
        disaster'' means an incident that--
                    (A) is caused by human error or malfunction in 
                technology, including a dam or structural failure, a 
                fire (other than a naturally occurring wildfire, 
                wildland urban interface fire, urban conflagration 
                fire, or arson), a hazardous material incident, a 
                nuclear accident, and a power and telecommunications 
                failure; and
                    (B) causes loss of human life, or human or economic 
                injury, as determined by the Board.
            (10) Terrorism.--The term ``terrorism'' has the meaning 
        given the term in section 2 of the Homeland Security Act of 
        2002 (6 U.S.C. 101).
            (11) Tribal government.--The term ``Tribal government'' 
        means the governing body of any Indian or Alaska Native tribe, 
        band, nation, pueblo, village, or community that the Secretary 
        of the Interior acknowledges to exist as an Indian tribe under 
        the Federally Recognized Indian Tribe List Act of 1994 (25 
        U.S.C. 5130 et seq.).

        TITLE III--NATIONAL WILDLAND FIRE RISK REDUCTION PROGRAM

SEC. 301. ESTABLISHMENT OF NATIONAL WILDLAND FIRE RISK REDUCTION 
              PROGRAM.

    The President shall establish a National Wildland Fire Risk 
Reduction Program with the purpose of achieving major measurable 
reductions in the losses of life and property from wildland fires 
through a coordinated Federal effort to--
            (1) improve the assessment of fire environments and the 
        understanding and prediction of wildland fires, associated 
        smoke, and their impacts, including--
                    (A) at the wildland-urban interface;
                    (B) on communities, buildings and other 
                infrastructure;
                    (C) on ecosystem services; and
                    (D) social and economic impacts;
            (2) develop and encourage the adoption of science-based and 
        cost-effective measures to enhance resilience to wildland fires 
        and prevent and mitigate negative impacts of wildland fires and 
        associated smoke; and
            (3) improve the understanding and mitigation of the impacts 
        of climate change and variability on wildland fire risk, 
        frequency, and severity, and to inform paragraphs (1) and (2).

SEC. 302. PROGRAM ACTIVITIES.

    The Program shall consist of the activities described in section 
306, which shall be designed--
            (1) to support research and development, including 
        interdisciplinary research, related to fire environments, 
        wildland fires, associated smoke, and their impacts, in 
        furtherance of a coordinated interagency effort to address 
        wildland fire risk reduction;
            (2) to support data management and stewardship, the 
        development and coordination of data systems and computational 
        tools, and the creation of a centralized, integrated data 
        collaboration environment for Program agency data, to 
        accelerate the understanding of fire environments, wildland 
        fires, associated smoke, and their impacts, and the benefits of 
        wildland fire risk mitigation measures;
            (3) to support the development of tools and technologies, 
        including decision support tools and risk and hazard maps, to 
        improve understanding, monitoring, prediction, and mitigation 
        of wildland fires, associated smoke, and their impacts;
            (4) to support research and development activities to 
        improve data, tools, and technologies that directly inform, 
        support, and complement active land management, forest and 
        habitat restoration, and healthy ecosystem practices executed 
        by the Forest Service, State, local, and Tribal entities;
            (5) to support education and training to expand the number 
        of students and researchers in areas of study and research 
        related to wildland fires;
            (6) to accelerate the translation of research related to 
        wildland fires and associated smoke into operations to reduce 
        risk to communities, buildings, other infrastructure, and 
        ecosystem services;
            (7) to conduct communication and outreach regarding 
        wildland fire science and wildland fire risk mitigation, to 
        communities, energy utilities and operators of other critical 
        infrastructure, and other relevant stakeholders;
            (8) to support research and development projects funded 
        under joint solicitations or through memoranda of understanding 
        between no fewer than two agencies participating in the 
        Program; and
            (9) to disseminate, to the extent practicable, scientific 
        data and related products and services in formats meeting 
        shared standards to enhance the interoperability, usability, 
        and accessibility of Program Agency data, including data as 
        part of paragraph (2) in order to better meet the needs of 
        Program agencies, other Federal agencies, and relevant 
        stakeholders.

SEC. 303. INTERAGENCY COORDINATING COMMITTEE ON WILDLAND FIRE RISK 
              REDUCTION.

    (a) Establishment.--Not later than 90 days after the date of 
enactment of this Act, the Director of the Office of Science and 
Technology Policy shall establish an Interagency Coordinating Committee 
on Wildland Fire Risk Reduction (in this Act referred to as the 
``Committee''), to be co-chaired by the Director and the Director of 
the National Institute of Standards and Technology.
    (b) Membership.--In addition to the co-chairs, the Committee shall 
be composed of--
            (1) the Director of the National Science Foundation;
            (2) the Administrator of the National Oceanic and 
        Atmospheric Administration;
            (3) the Administrator of the Federal Emergency Management 
        Agency;
            (4) the United States Fire Administrator;
            (5) the Chief of the Forest Service;
            (6) the Administrator of the National Aeronautics and Space 
        Administration;
            (7) the Administrator of the Environmental Protection 
        Agency;
            (8) the Secretary of Energy;
            (9) the Director of the Office of Management and Budget;
            (10) the Secretary of the Interior;
            (11) the Director of United States Geological Survey;
            (12) the Secretary of Health and Human Services;
            (13) the Secretary of Defense;
            (14) the Secretary of Housing and Urban Development; and
            (15) the head of any other Federal agency that the Director 
        considers appropriate.
    (c) Meetings.--The Committee shall meet not less than twice a year 
for the first 2 years and then not less than once a year at the call of 
the Director.
    (d) General Purpose and Duties.--The Committee shall oversee the 
planning, management, and coordination of the Program, and solicit 
stakeholder input on Program goals.
    (e) Strategic Plan.--The Committee shall develop and submit to 
Congress, not later than one year after the date of the enactment of 
this Act, and update every 4 years thereafter, a Strategic Plan for the 
Program that includes--
            (1) prioritized goals for the Program, consistent with the 
        purposes of the Program as described in section 301;
            (2) short-term, mid-term, and long-term research and 
        development objectives to achieve those goals;
            (3) a description of the role of each Program agency in 
        achieving the prioritized goals;
            (4) a description of how the Committee will foster 
        collaboration between and among the Program agencies and other 
        Federal agencies to help meet the goals of the Program;
            (5) the methods by which progress toward the goals will be 
        assessed;
            (6) an explanation of how the Program will foster the 
        translation of research into measurable reductions in the 
        losses of life, property, and ecosystem services from wildland 
        fires, including recommended outcomes and metrics for each 
        program goal and how operational Program agencies will 
        transition demonstrated technologies and research findings into 
        decision support tools and operations;
            (7) a description of the research infrastructure, including 
        databases and computational tools, needed to accomplish the 
        research and development objectives outlined in paragraph (2), 
        a description of how research infrastructure in existence at 
        the time of the development of the plan will be used to meet 
        the objectives, an explanation of how new research 
        infrastructure will be developed to meet the objectives, and a 
        description of how the program will implement the integrated 
        data collaboration environment per section 302(2);
            (8) a description of how Program agencies will collaborate 
        with stakeholders and take into account stakeholder needs and 
        recommendations in developing research and development 
        objectives;
            (9) recommendations on the most effective means to 
        integrate the research results into wildland fire preparedness 
        and response actions across Federal, State, local, Tribal, and 
        territorial levels;
            (10) guidance on how the Committee's recommendations are 
        best used in climate adaptation planning for Federal, State, 
        local, Tribal, and territorial entities;
            (11) a nationally recognized, consensus-based definition of 
        wildland-urban interface and other key terms and definitions 
        relating to wildland fire, developed in consideration of the 
        meaning given such term in section 4(11) of the Federal Fire 
        Prevention and Control Act of 1974 (15 U.S.C. 2203(11)); and
            (12) a description of opportunities to support new areas of 
        research and development and new types of collaborations that 
        seek to optimize building and landscape design across multiple 
        resilience goals, including resilience to wildland fires and 
        other natural hazards, energy efficiency, and environmental 
        sustainability.
    (f) Coordination With Other Federal Efforts.--The Director shall 
ensure that the activities of the Program are coordinated with other 
relevant Federal initiatives as appropriate.
    (g) National Academies Study.--The Committee shall assess the need 
for a study, or a series of studies, to be conducted by the National 
Academies of Sciences, Engineering, and Medicine, and how such a study, 
or series of studies, could help identify research areas for further 
study and inform research objectives, including further research into 
the interactions between climate change and wildland fires. The 
Committee shall brief the Committee on Science, Space, and Technology 
of the House of Representatives and the Committee on Commerce, Science, 
and Transportation of the Senate on its assessment under this 
subsection not later than 1 year after the date of enactment of this 
Act.
    (h) Progress Report.--Not later than 18 months after the date of 
the transmission of the first Strategic Plan under subsection (e) to 
Congress and not less frequently than once every 2 years thereafter, 
the Committee shall submit to the Congress a report on the progress of 
the Program that includes--
            (1) a description of the activities funded under the 
        Program, a description of how those activities align with the 
        prioritized goals and research objectives established in the 
        Strategic Plan, and the budgets, per agency, for these 
        activities; and
            (2) the outcomes achieved by the Program for each of the 
        goals identified in the Strategic Plan.

SEC. 304. NATIONAL ADVISORY COMMITTEE ON WILDLAND FIRE RISK REDUCTION.

    (a) In General.--The Director shall establish a National Advisory 
Committee on Wildland Fire Risk Reduction, consisting of not fewer than 
7 and not more than 15 members who are qualified to provide advice on 
wildland fire risk reduction and represent related scientific, 
architectural, and engineering disciplines, none of whom may be 
employees of the Federal Government, including--
            (1) representatives of research and academic institutions;
            (2) standards development organizations;
            (3) emergency management agencies;
            (4) State, local, and Tribal governments;
            (5) business communities, including the insurance industry; 
        and
            (6) other representatives as designated by the Director.
    (b) Assessment.--The Advisory Committee shall offer assessments and 
recommendations on--
            (1) trends and developments in the natural, engineering, 
        and social sciences and practices of wildland fire risk 
        mitigation;
            (2) the priorities of the Program's Strategic Plan;
            (3) the management, coordination, implementation, and 
        activities of the Program;
            (4) the effectiveness of the Program in meeting its 
        purposes; and
            (5) the need to revise the Program.
    (c) Compensation.--The members of the Advisory Committee 
established under this section shall serve without compensation.
    (d) Reports.--At least every 2 years, the Advisory Committee shall 
report to the Director on the assessments carried out under subsection 
(b) and its recommendations for ways to improve the Program.
    (e) Charter.--Notwithstanding section 14(b)(2) of the Federal 
Advisory Committee Act (5 U.S.C. App.), the Advisory Committee shall 
not be required to file a charter subsequent to its initial charter, 
filed under section 9(c) of such Act, before the termination date 
specified in subsection (f) of this section.
    (f) Termination.--The Advisory Committee shall terminate on 
September 30, 2026.
    (g) Conflict of Interest.--An Advisory Committee member shall 
recuse himself from any Advisory Committee activity in which he has an 
actual pecuniary interest.

SEC. 305. GOVERNMENT ACCOUNTABILITY OFFICE REVIEW.

    Not later than 3 years after the date of enactment of this Act, the 
Comptroller General of the United States shall submit a report to 
Congress that--
            (1) evaluates the progress and performance of the Program 
        in establishing and making progress toward the goals of the 
        Program as set forth in this Act; and
            (2) includes such recommendations as the Comptroller 
        General determines are appropriate to improve the Program.

SEC. 306. RESPONSIBILITIES OF PROGRAM AGENCIES.

    (a) National Institute of Standards and Technology.--The 
responsibilities of the Director of the National Institute of Standards 
and Technology with respect to the Program are as follows:
            (1) Research and development activities.--The Director of 
        the National Institute of Standards and Technology shall--
                    (A) carry out research on the impact of wildland 
                fires on communities, buildings, and other 
                infrastructure, including structure-to-structure 
                transmission of fire and spread within communities;
                    (B) carry out research on the generation of 
                firebrands from wildland fires and on methods and 
                materials to prevent or reduce firebrand ignition of 
                communities, buildings, and other infrastructure;
                    (C) carry out research on novel materials, systems, 
                structures, and construction designs to harden 
                structures, parcels, and communities to the impact of 
                wildland fires;
                    (D) carry out research on the impact of 
                environmental factors on wildland fire behavior, 
                including wind, terrain, and moisture;
                    (E) support the development of performance-based 
                tools to mitigate the impact of wildland fires, and 
                work with appropriate groups to promote and assist in 
                the use of such tools, including through model building 
                codes and fire codes, standard test methods, voluntary 
                consensus standards, and construction and retrofit best 
                practices;
                    (F) in collaboration with the United States Fire 
                Administration, carry out research and development of 
                decontamination methods and technologies for 
                firefighting gear on and off the field.
                    (G) develop and execute a research plan on public 
                safety communication coordination standards among 
                Federal, State, local, and Tribal wildland 
                firefighters, fire management response officials and 
                the National Interagency Fire Center;
                    (H) carry out research to improve and integrate 
                existing communications systems to transmit secure 
                real-time data, alters, and accurate advisories to 
                wildland firefighters;
                    (I) carry out both live and virtual field testing 
                and measurement of equipment, software, and other 
                technologies to determine current effectiveness and 
                times of information dissemination and develop 
                standards and best practices for the delivery of useful 
                and secure real-time data to wildland firefighters; and
                    (J) develop and publish recommendations to improve 
                public safety communication coordination standards 
                among wildland firefighters and member agencies of the 
                National Interagency Fire Center, including providing 
                such recommendations to the Office of Management and 
                Budget and the Office of Science and Technology Policy.
            (2) Wildland-urban interface fire post-investigations.--The 
        Director of the National Institute of Standards and Technology 
        shall--
                    (A) coordinate Federal post-wildland fire 
                investigations of fires at the wildland-urban 
                interface; and
                    (B) develop methodologies, in collaboration with 
                the Administrator of FEMA and in consultation with 
                relevant stakeholders, to characterize the impact of 
                wildland fires on communities and the impact of changes 
                in building and fire codes, including methodologies--
                            (i) for collecting, inventorying, and 
                        analyzing information on the performance of 
                        communities, buildings, and other 
                        infrastructure in wildland fires; and
                            (ii) for improved collection of pertinent 
                        information from different sources, including 
                        first responders, the design and construction 
                        industry, insurance companies, and building 
                        officials.
    (b) National Science Foundation.--As a part of the Program, the 
Director of the National Science Foundation shall support--
            (1) research, including large-scale convergent research, to 
        improve the understanding and prediction of wildland fire 
        risks, including the conditions that increase the likelihood of 
        a wildland fire, the behavior of wildland fires, and their 
        impacts on buildings, communities, infrastructure, ecosystems 
        and living systems;
            (2) development and improvement of tools and technologies, 
        including databases and computational models, to enable and 
        accelerate the understanding and prediction of wildland fires 
        and their impacts;
            (3) development of research infrastructure, as appropriate, 
        to enable and accelerate the understanding and prediction of 
        wildland fires and their impacts, including upgrades or 
        additions to the National Hazards Engineering Research 
        Infrastructure;
            (4) research to improve the understanding of--
                    (A) the response to wildland fire risk and response 
                messages by individuals, communities, and policymakers;
                    (B) social and economic factors influencing the 
                implementation and adoption of wildland fire risk 
                reduction and response measures by individuals, 
                communities, and policymakers; and
                    (C) decision-making and emergency response to 
                wildland fires;
            (5) undergraduate and graduate research opportunities and 
        graduate and postdoctoral fellowships and traineeships in 
        fields of study relevant to wildland fires and their impacts; 
        and
            (6) research to improve the understanding of the impacts of 
        climate change and climate variability on wildland fires, 
        including wildland fire risk, frequency, and severity, and 
        wildland fire prediction, mitigation, and resilience 
        strategies.
    (c) National Oceanic and Atmospheric Administration.--
            (1) In general.--The Administrator of the National Oceanic 
        and Atmospheric Administration (in this subsection referred to 
        as the ``Administrator'') shall conduct research, observations, 
        modeling, forecasting, prediction, and historical analysis of 
        wildland fires to improve understanding of the connections 
        between fire weather and modes of climate variability, impacts 
        on hydrology, and wildland fires, and associated fire weather 
        and smoke, air quality, for the protection of life and property 
        and for the enhancement of the national economy.
            (2) Weather forecasting and decision support for wildland 
        fires.--The Administrator shall--
                    (A) develop and provide in consultation with the 
                relevant Federal Agencies, as the Administrator 
                determines appropriate, accurate, timely, and effective 
                warnings and forecasts of wildland fires and fire 
                weather events that endanger life and property, which 
                may include red flag warnings, operational fire weather 
                alerts, real-time notification of ignitions, and any 
                other warnings or alerts the Administrator deems 
                appropriate;
                    (B) provide stakeholders and the public with 
                impact-based decision support services, seasonal 
                climate predictions, air quality products, and smoke 
                forecasts; and
                    (C) provide on-site weather forecasts, seasonal 
                climate predictions, and other decision support to 
                wildland fire incident command posts, including by 
                deploying incident meteorologists for the duration of 
                an extreme event.
            (3) Wildland fire data.--The Administrator shall contribute 
        to and support the centralized, integrated data collaboration 
        environment in accordance with section 302(2) and any other 
        relevant Federal data systems by ensuring--
                    (A) interoperability, usability, and accessibility 
                of National Oceanic and Atmospheric Administration data 
                and tools related to wildland fires, associated smoke, 
                and their impacts;
                    (B) inclusion of historical wildland fire incident 
                and fire weather data, and identifying potential gaps 
                in such data; and
                    (C) the acquisition or collection of additional 
                data that is needed to advance wildland fire science.
            (4) Wildland fire and fire weather surveillance and 
        observations.--The Administrator, in coordination with 
        Administrator of the National Aeronautics and Space 
        Administration and in consultation with relevant stakeholders--
                    (A) shall leverage existing observations, 
                technologies and assets and develop or acquire new 
                technologies and data to sustain and enhance 
                environmental observations used for wildland fire 
                prediction and detection, fire weather and smoke 
                forecasting and monitoring, and post-wildland fire 
                recovery, with a focus on--
                            (i) collecting data for high-risk pre-
                        ignition analysis, such as drought, fuel and 
                        vegetation conditions, and soil moisture, that 
                        will help predict severe wildland fire 
                        conditions on all timescales;
                            (ii) supporting identification and 
                        classification of fire environments at the 
                        smallest practical scale to determine 
                        vulnerability to wildland fires and rapid 
                        wildland fire growth;
                            (iii) detecting, observing, and monitoring 
                        wildland fires and smoke;
                            (iv) supporting research on the interaction 
                        of weather and wildland fire behavior;
                            (v) supporting post-fire assessments 
                        conducted by Program agencies and relevant 
                        stakeholders;
                            (vi) conditions that influence fire 
                        behavior and spread including those conditions 
                        that suppress active fire events; and
                            (vii) fire risk values;
                    (B) shall prioritize the ability to detect, 
                observe, and monitor wildland fire and smoke in its 
                requirements for its current and future observing 
                systems and commercial data purchases; and
                    (C) not later than 12 months after the date of the 
                enactment of this Act--
                            (i) may offer to enter into contracts, in 
                        consultation with the Secretary of Agriculture 
                        and the Secretary of the Interior, with one or 
                        more entities to obtain additional airborne and 
                        space-based data and observations that may 
                        enhance or supplement the understanding, 
                        monitoring, prediction, and mitigation of 
                        wildland fire risks, and the relevant Program 
                        activities under section 302; and
                            (ii) in carrying out clause (i), shall 
                        consult with private sector entities through 
                        the advisory committee established pursuant to 
                        section 304 to identify needed tools and data 
                        that can be best provided by the National 
                        Oceanic and Atmospheric Administration 
                        satellites and are most beneficial to wildfire 
                        and smoke detection and monitoring.
            (5) Fire weather testbed.--In collaboration with Program 
        agencies and other relevant stakeholders, the Administrator 
        shall establish a Fire Weather Testbed to evaluate physical and 
        social science, technology, and other research to develop fire 
        weather products and services for implementation by relevant 
        stakeholders.
            (6) Wildland fire and fire weather research and 
        development.--The Administrator shall support a wildland fire 
        and smoke research and development program that includes both 
        physical and social science with the goals of--
                    (A) improving the understanding, prediction, 
                detection, forecasting, monitoring, and assessments of 
                wildland fires and associated fire weather, smoke, and 
                air quality;
                    (B) developing products and services to meet 
                stakeholder needs;
                    (C) transitioning physical and social science 
                research into operations;
                    (D) improving modeling and technology, including 
                coupled fire-atmosphere fire behavior modeling, in 
                consultation with relevant Federal agencies;
                    (E) better understanding of links between fire 
                weather events and subseasonal-to-climate impacts;
                    (F) improving the forecasting and understanding of 
                the impacts of prescribed fires and how those impacts 
                differ from impacts of wildland fires; and
                    (G) pursuing high-priority fire science research 
                needs applicable to the National Oceanic and 
                Atmospheric Administration as identified by any other 
                relevant Federal program.
            (7) Extramural research.--The Administrator shall 
        collaborate with and support the non-Federal wildland fire 
        research community, which includes institutions of higher 
        education, private entities, nongovernmental organizations, and 
        other relevant stakeholders, by making funds available through 
        competitive grants, contracts, and cooperative agreements. In 
        carrying out the program under this paragraph, the 
        Administrator, in collaboration with other relevant Federal 
        agencies, may establish one or more national centers for 
        prescribed fire and wildfire sciences that leverage Federal 
        research and development with university and nongovernmental 
        partnerships.
            (8) High performance computing.--The Administrator, in 
        consultation with relevant Federal agencies, such as the 
        Secretary of Energy, shall acquire high performance computing 
        technologies and supercomputing technologies, leveraging 
        existing resources and facilities, as practicable, to conduct 
        research and development activities, support research to 
        operations under this section, and host operational fire and 
        smoke forecast models.
            (9) Incident meteorologist workforce assessment.--Not later 
        than 6 months after the date of enactment of this Act, the 
        Administrator shall submit to the Committee on Science, Space, 
        and Technology of the House of Representatives and the 
        Committee on Commerce, Science, and Transportation of the 
        Senate the results of an assessment of National Weather Service 
        workforce and training challenges for Incident Meteorologists 
        and a roadmap for overcoming the challenges identified. Such 
        assessment shall take into consideration information technology 
        support, logistical and administrative operations, anticipated 
        weather and climate conditions, and feedback from relevant 
        stakeholders, and shall include, to the maximum extent 
        practicable, an identification by the National Weather Service 
        of--
                    (A) the expected number of Incident Meteorologists 
                needed over the next 5 years;
                    (B) potential hiring authorities necessary to 
                overcome the identified workforce and training 
                challenges; and
                    (C) alternative services or assistance options the 
                National Weather Service could provide to meet 
                operational needs.
            (10) Fire weather surveys and assessments.--
                    (A) Annual post-fire weather season survey and 
                assessment.--Not later than 24 months after the date of 
                the enactment of this Act, and each year thereafter, 
                the Administrator shall conduct a post-fire-weather 
                season survey and assessment. After conducting a post-
                fire-weather season survey and assessment, the 
                Administrator shall--
                            (i) investigate any data collection gaps 
                        during the assessment;
                            (ii) identify and implement systems, 
                        processes, strategies, and procedures needed to 
                        enhance the efficiency and reliability of data 
                        obtained and to improve program services and 
                        information dissemination;
                            (iii) evaluate the accuracy and efficiency 
                        of physical fire weather forecasting 
                        information for each incident; and
                            (iv) assess and refine performance 
                        measures, as needed.
                    (B) Coordination.--In conducting any survey or 
                assessment under this section, the Administrator shall 
                coordinate with stakeholders and such entities as the 
                Administrator considers relevant in order to--
                            (i) improve operations and collaboration; 
                        and
                            (ii) optimize data collection, sharing, 
                        integration, assimilation, and dissemination.
                    (C) Annual briefing.--Not less frequently than once 
                each year, the Administrator shall provide a briefing 
                to the Committee on Science, Space, and Technology in 
                the House and Committee on Commerce, Science, and 
                Transportation in the Senate that provides--
                            (i) an overview of the previous fire 
                        season; and
                            (ii) an outlook for the fire season for the 
                        coming year.
                    (D) Service improvements.--The Administrator shall 
                make best efforts to incorporate the results and 
                recommendations of each assessment conducted into the 
                research and development plan and operations of the 
                Administration.
    (d) Federal Emergency Management Agency.--The Administrator of the 
Federal Emergency Management Agency, acting through the United States 
Fire Administration, shall--
            (1) support--
                    (A) the development of community risk assessment 
                tools and effective mitigation techniques for 
                preventing and responding to wildland fires, including 
                at the wildland-urban interface;
                    (B) wildland and wildland-urban interface fire and 
                operational response-related data collection and 
                analysis;
                    (C) public outreach, education, and information 
                dissemination related to wildland fires and wildland 
                fire risk; and
                    (D) promotion of wildland and wildland-urban 
                interface fire preparedness and community risk 
                reduction, to include hardening the wildland-urban 
                interface through proper construction materials, land 
                use practices, sprinklers, assessment of State and 
                local emergency response capacity and capabilities, and 
                other tools and approaches as appropriate;
            (2) in collaboration with the National Institute of 
        Standards and Technology, and other program agencies, as 
        appropriate, promote and assist in the implementation of 
        research results and promote fire-resistant buildings, 
        retrofit, and land use practices within the design and 
        construction industry, including architects, engineers, 
        contractors, builders, planners, code officials, and 
        inspectors;
            (3) establish and operate a wildland fire preparedness and 
        mitigation technical assistance program to assist State, local, 
        Tribal and territorial governments in using wildland fire 
        mitigation strategies, including through the adoption and 
        implementation of wildland and wildland-urban interface fire 
        resistant codes, standards, and land use;
            (4) incorporate wildland and wildland-urban interface fire 
        risk mitigation and loss avoidance data into the Agency's 
        existing risk, mitigation, and loss avoidance analyses;
            (5) incorporate data on the adoption and implementation of 
        wildland and wildland-urban interface fire resistant codes and 
        standards into the Agency's hazard resistant code tracking 
        resources;
            (6) translate new information and research findings into 
        best practices to improve firefighter, fire service, and allied 
        professions training and education in wildland fire response, 
        crew deployment, prevention, mitigation, resilience, and 
        firefighting;
            (7) conduct outreach and information dissemination to fire 
        departments regarding best practices for wildland and wildland-
        urban interface firefighting, training, and fireground 
        deployment;
            (8) in collaboration with other relevant Program agencies 
        and stakeholders, develop a national level, interactive and 
        publicly accessible wildland fire hazard severity map that 
        includes community and parcel level data and that can readily 
        integrate with risk gradations within wildland and wildland-
        urban interface fire resistant codes and standards;
            (9) in coordination with the National Institute of 
        Standards and Technology and other Federal initiatives as 
        appropriate, carry out a study to--
                    (A) examine PFAS and other potentially harmful 
                contaminants in firefighting gear, fire retardants, and 
                wetting agents;
                    (B) determine the lifecycle of firefighting 
                garments; and
                    (C) evaluate exposure risks based on different 
                phases of the fire; and
            (10) develop resources regarding best practices for 
        establishing or enhancing peer-support programs within wildland 
        fire firefighting units.
    (e) National Aeronautics and Space Administration.--The 
responsibilities of the Administrator of the National Aeronautics and 
Space Administration (in this subsection referred to as the 
``Administrator'') with respect to the Program are as follows:
            (1) In general.--The Administrator shall, with respect to 
        the Program--
                    (A) support relevant basic and applied scientific 
                research and modeling;
                    (B) ensure the use in the Program of all relevant 
                National Aeronautics and Space Administration Earth 
                observations data for maximum utility;
                    (C) explore and apply novel tools and technologies 
                in the activities of the Program;
                    (D) support the translation of research to 
                operations, including to Program agencies and relevant 
                stakeholders;
                    (E) facilitate the communication of wildland fire 
                research, knowledge, and tools to relevant 
                stakeholders; and
                    (F) use commercial data where such data is 
                available and accessible through existing Federal 
                government commercial contracts, agreements, or other 
                means, and purchase data that is deemed necessary based 
                on consultation with other Program agencies.
            (2) Wildland fire research and applications.--The 
        Administrator shall support basic and applied wildland fire 
        research and modeling activities, including competitively-
        selected research, to--
                    (A) improve the understanding and prediction of 
                fire environments, wildland fires, associated smoke, 
                and their impacts;
                    (B) improve the understanding of the impacts of 
                climate change and variability on wildland fire risk, 
                frequency, and severity;
                    (C) characterize the pre-fire phase and fire-
                inducing conditions, such as soil moisture and 
                vegetative fuel availability;
                    (D) characterize the active fire phase, such as 
                fire and smoke plume mapping, fire behavior and spread 
                modeling, and domestic and global fire activity;
                    (E) characterize the post-fire phase, such as 
                landscape changes, air quality, erosion, landslides, 
                and impacts on carbon distributions in forest biomass;
                    (F) contribute to advancing predictive wildland 
                fire models;
                    (G) address other relevant investigations and 
                measurements prioritized by the National Academies of 
                Sciences, Engineering, and Medicine Decadal Survey on 
                Earth Science and Applications from Space;
                    (H) improve the translation of research knowledge 
                into actionable information;
                    (I) develop research and data products, including 
                maps, decision-support information, and tools, and 
                support related training as appropriate and 
                practicable;
                    (J) collaborate with other Program agencies and 
                relevant stakeholders, as appropriate, on joint 
                research and development projects, including research 
                grant solicitations and field campaigns; and
                    (K) transition research advances to operations, 
                including to Program agencies and relevant 
                stakeholders, as practicable.
            (3) Wildland fire data systems and computational tools.--
        The Administrator shall--
                    (A) identify, from the National Aeronautics and 
                Space Administration's Earth science data systems, 
                data, including combined data products and relevant 
                commercial data sets, that can contribute to improving 
                the understanding, monitoring, prediction, and 
                mitigation of wildland fires and their impacts, 
                including data related to fire weather, plume dynamics, 
                smoke and fire behavior, impacts of climate change and 
                variability, land and property burned, wildlife and 
                ecosystem destruction, among other areas;
                    (B) prioritize the dissemination of data identified 
                or obtained under this subparagraph to the widest 
                extent practicable to support relevant research and 
                operational stakeholders;
                    (C) consider opportunities to support the Program 
                under section 301 and the Program activities under 
                section 302 when planning and developing Earth 
                observation satellites, instruments, and airborne 
                measurement platforms;
                    (D) identify opportunities, in collaboration with 
                Program agencies and relevant stakeholders, to obtain 
                additional airborne and space-based data and 
                observations that may enhance or supplement the 
                understanding, monitoring, prediction, and mitigation 
                of wildland fire risks, and the relevant Program 
                activities under section 302, and consider such options 
                as commercial solutions, including commercial data 
                purchases, prize authority, academic partnerships, and 
                ground-based or space-based instruments, as practicable 
                and appropriate; and
                    (E) contribute to and support, to the maximum 
                extent practicable, the centralized, integrated data 
                collaboration environment in accordance with section 
                302(2) and any other relevant interagency data systems, 
                by collecting, organizing, and integrating the National 
                Aeronautics and Space Administration's scientific data, 
                data systems, and computational tools related to 
                wildland fires, associated smoke, and their impacts, 
                and by enhancing the interoperability, useability, and 
                accessibility of National Aeronautics and Space 
                Administration's scientific data, data systems, and 
                computational tools, including--
                            (i) observations and available real-time 
                        and near-real-time measurements;
                            (ii) derived science and data products, 
                        such as fuel conditions, risk and spread maps, 
                        and data products to represent the wildland-
                        urban interface;
                            (iii) relevant historical and archival 
                        observations, measurements, and derived science 
                        and data products; and
                            (iv) other relevant decision support and 
                        information tools.
            (4) Novel tools for active wildland fire monitoring and 
        risk mitigation.--The Administrator, in collaboration with 
        other Program agencies and relevant stakeholders shall apply 
        novel tools and technologies to support active wildland fire 
        research, monitoring, mitigation, and risk reduction, as 
        practicable and appropriate. In particular, the Administrator 
        shall:
                    (A) Establish a program to develop and demonstrate 
                a unified concept of operations for the safe and 
                effective deployment of diverse air capabilities in 
                active wildland fire monitoring, mitigation, and risk 
                reduction. The objectives of the Program shall be to--
                            (i) develop and demonstrate a wildland fire 
                        airspace operations system accounting for 
                        piloted aircraft, uncrewed aerial systems, and 
                        other new and emerging capabilities such as 
                        autonomous and high-altitude assets;
                            (ii) develop an interoperable 
                        communications strategy;
                            (iii) develop a roadmap for the on-ramping 
                        of new technologies, capabilities, or entities;
                            (iv) identify additional development, 
                        testing, and demonstration that would be 
                        required to expand the scale of operations;
                            (v) identify actions that would be required 
                        to transition the unified concept of operations 
                        in subparagraph (A) into ongoing, operational 
                        use; and
                            (vi) other objectives, as deemed 
                        appropriate by the Administrator.
                    (B) Develop and demonstrate affordable and 
                deployable sensing technologies, in consultation with 
                other Program agencies and relevant stakeholders, to 
                improve the monitoring of fire fuel and active wildland 
                fires, wildland fire behavior models and forecast, 
                mapping efforts, and the prediction and mitigation of 
                wildland fires and their impacts. The Administrator 
                shall--
                            (i) test and demonstrate technologies such 
                        as infrared, microwave, and active sensors 
                        suitable for deployment on spacecraft, 
                        aircraft, uncrewed aerial systems, and ground-
                        based and in situ platforms, as appropriate and 
                        practicable;
                            (ii) develop and demonstrate affordable and 
                        deployable sensing technologies that can be 
                        transitioned to operations for collection of 
                        near-real-time localized measurements;
                            (iii) develop and demonstrate near-real-
                        time data processing, availability, 
                        interoperability, and visualization, as 
                        practicable;
                            (iv) identify opportunities and actions 
                        required, in collaboration with Program 
                        agencies and relevant stakeholders, to 
                        transition relevant technologies, techniques, 
                        and data to science operations, upon successful 
                        demonstration of the feasibility and scientific 
                        utility of the sensors and data;
                            (v) transition demonstrated technologies, 
                        techniques, and data into ongoing, operational 
                        use, including to Program agencies and relevant 
                        stakeholders;
                            (vi) prioritize and facilitate, to the 
                        greatest extent practicable, the dissemination 
                        of these science data to operations, including 
                        to Program agencies and relevant stakeholders; 
                        and
                            (vii) consider opportunities for potential 
                        partnerships, including commercial data 
                        purchases, among industry, government, academic 
                        institutions, and non-profit organizations and 
                        other relevant stakeholders in carrying out 
                        clauses (i) through (vi), as appropriate and 
                        practicable.
    (f) Environmental Protection Agency.--The Administrator of the 
Environmental Protection Agency shall support environmental research 
and development activities to--
            (1) improve the understanding of--
                    (A) wildland fire and smoke impacts on communities 
                and public health, including impacts on drinking water 
                and outdoor and indoor air quality, and on freshwater 
                ecosystems;
                    (B) wildland fire smoke plume characteristics, 
                chemical transformation, chemical composition, and 
                transport;
                    (C) wildland fire and smoke impacts to contaminant 
                containment and remediation;
                    (D) the contribution of wildland fire emissions to 
                climate forcing emissions;
                    (E) differences between the impacts of prescribed 
                fires compared to other wildland fires on communities 
                and air and water quality; and
                    (F) climate change and variability on wildland 
                fires and smoke plumes, including on smoke exposure;
            (2) develop and improve tools, sensors, and technologies 
        including databases and computational models, to accelerate the 
        understanding, monitoring, and prediction of wildland fires and 
        smoke exposure;
            (3) better integrate observational data into wildland fire 
        and smoke characterization models to improve modeling at finer 
        temporal and spatial resolution;
            (4) develop and improve communication of wildland fire and 
        smoke risk reduction strategies to the public in coordination 
        with relevant stakeholders and other Federal agencies; and
            (5) develop and disseminate personal and community-based 
        interventions to reduce exposure to and adverse health effects 
        of wildland fire and smoke.
    (g) Department of Energy.--The Secretary of Energy shall carry out 
research and development activities to--
            (1) create tools, techniques, and technologies for--
                    (A) withstanding and addressing the current and 
                projected impact of wildland fires on energy sector 
                infrastructure;
                    (B) providing real-time or near-time awareness of 
                the risks posed by wildland fires to the operation of 
                energy infrastructure in affected and potentially 
                affected areas, including by leveraging the 
                Department's high-performance computing capabilities 
                and climate and ecosystem models;
                    (C) enabling early detection of, and assessment of 
                competing technologies and strategies for addressing, 
                malfunctioning electrical equipment on the transmission 
                and distribution grid, including spark ignition causing 
                wildland fires;
                    (D) assisting with the planning, safe execution of, 
                and safe and timely restoration of power after 
                emergency power shut offs following wildland fires 
                started by grid infrastructure;
                    (E) improving electric grid and energy sector 
                safety and resilience in the event of multiple 
                simultaneous or co-located weather or climate events 
                leading to extreme conditions, such as extreme wind, 
                wildland fires, extreme cold, and extreme heat;
                    (F) improving coordination between utilities and 
                relevant Federal agencies to enable communication, 
                information-sharing, and situational awareness in the 
                event of wildland fires that impact the electric grid;
                    (G) utilizing biomass produced by wildland fire 
                risk mitigation and post-fire recovery activities for 
                bioenergy, including biofuels, in collaboration with 
                relevant stakeholders; and
                    (H) predicting wildland fire occurrence, spread, 
                and ecosystem impact;
            (2) coordinate data and computational resources across 
        relevant entities to improve our understanding of wildland 
        fires and to promote resilience and wildland fire prevention in 
        the planning, design, construction, operation, and maintenance 
        of transmission infrastructure;
            (3) consider optimal building energy efficiency and 
        weatherization practices, as practicable, in wildland fire 
        research;
            (4) utilize the Department of Energy's National Laboratory 
        capabilities, including user facilities, earth and 
        environmental systems modeling resources, and high-performance 
        computing and data analytics capabilities, to improve the 
        accuracy of efforts to understand and predict wildland fire 
        behavior and occurrence and mitigate wildland fire impacts; and
            (5) foster engagement between the National Laboratories and 
        practitioners, researchers, policy organizations, utilities, 
        and other entities the Secretary determines to be appropriate 
        to understand the economic and social implications of power 
        disruptions caused by wildland fires, particularly within 
        disadvantaged communities and regions vulnerable to wildland 
        fires, including rural areas.
    (h) United States Geological Survey.--As part of the Program, the 
Director of the United States Geological Survey shall support--
            (1) research and development activities to improve the 
        understanding of--
                    (A) wildland fire risk, behavior, and fuels;
                    (B) impact of pre-fire conditions, such as fuel 
                treatments, invasive species and other vegetation, on 
                land management and economic landscapes;
                    (C) post-fire risks including debris flows, 
                erosion, and flooding, and effects on water quality, 
                and revegetation;
                    (D) impacts of changing fire regimes due to climate 
                change and other ecosystem stressors; and
                    (E) fire ecology and behavior;
            (2) development and improvement of tools and technologies 
        to address wildland fire science and management challenges by--
                    (A) Maintaining and expanding geospatial data and 
                support for wildfire incidents, mitigation, and 
                planning;
                    (B) improving understanding and response to post-
                fire hazards and risks, including debris-flow, stream 
                flow and quality, and revegetation; and
                    (C) Maintaining, relevant wildland fire 
                computational modeling and mapping, capabilities to 
                identify critical information for land management, 
                decision support, and policy, and enhancing such 
                capabilities, as appropriate and in consultation and 
                collaboration with other relevant Program agencies; and
            (3) improvement of external communication of USGS wildland 
        fire science products with Program Agencies and relevant 
        stakeholders.

SEC. 307. BUDGET ACTIVITIES.

    The Director of the National Institute of Standards and Technology, 
the Director of the National Science Foundation, the Administrator of 
the National Oceanic and Atmospheric Administration, the Director of 
the Federal Emergency Management Agency, the Administrator of the 
National Aeronautics and Space Administration, the Administrator of the 
Environmental Protection Agency, and the Secretary of Energy shall each 
include in the annual budget request to Congress of each respective 
agency a description of the projected activities of such agency under 
the Program for the fiscal year covered by the budget request and an 
estimate of the amount such agency plans to spend on such activities 
for the relevant fiscal year.

SEC. 308. DEFINITIONS.

    In this title:
            (1) Director.--The term ``Director'' means the Director of 
        the Office of Science and Technology Policy.
            (2) Program.--The term ``Program'' means the Program 
        established under section 301.
            (3) Program agencies.--The term ``Program agencies'' means 
        any Federal agency with responsibilities under the Program.
            (4) Stakeholders.--The term ``stakeholders'' means any 
        public or private organization engaged in addressing wildland 
        fires, associated smoke, and their impacts, and shall include 
        relevant Federal agencies, States, territories, Tribes, State 
        and local governments, businesses, not-for-profit 
        organizations, including national standards and building code 
        organizations, firefighting departments and organizations, 
        academia, and other users of wildland fire data products.
            (5) Wildland fire.--The term ``wildland fire'' means any 
        non-structure fire that occurs in vegetation or natural fuels 
        and includes wildfires and prescribed fires.
            (6) Fire environment.--The term ``fire environment'' means 
        surrounding conditions, influences, and modifying forces of 
        topography, fuel, and weather that determine fire behavior.

SEC. 309. AUTHORIZATION OF APPROPRIATIONS.

    (a) National Institute of Standards and Technology.--There are 
authorized to be appropriated to the National Institute of Standards 
and Technology for carrying out this title--
            (1) $35,800,000 for fiscal year 2024;
            (2) $36,100,000 for fiscal year 2025;
            (3) $36,400,000 for fiscal year 2026;
            (4) $36,700,000 for fiscal year 2027; and
            (5) $37,100,000 for fiscal year 2028.
    (b) National Science Foundation.--There are authorized to be 
appropriated to the National Science Foundation for carrying out this 
title--
            (1) $50,000,000 for fiscal year 2024;
            (2) $53,000,000 for fiscal year 2025;
            (3) $56,200,000 for fiscal year 2026;
            (4) $59,600,000 for fiscal year 2027; and
            (5) $63,100,000 for fiscal year 2028.
    (c) National Oceanic and Atmospheric Administration.--
            (1) In general.--There are authorized to be appropriated to 
        the National Oceanic and Atmospheric Administration for 
        carrying out this title--
                    (A) $200,000,000 for fiscal year 2024;
                    (B) $215,000,000 for fiscal year 2025;
                    (C) $220,000,000 for fiscal year 2026;
                    (D) $230,000,000 for fiscal year 2027; and
                    (E) $250,000,000 for fiscal year 2028.
            (2) Use of funds.--Of the amounts authorized for each of 
        the fiscal years in paragraph (1), up to $10,000,000 may be 
        used to support the National Oceanic and Atmospheric 
        Administration's contributions to the activities of the Joint 
        Fire Science Program in section 202(c)(1)(D) of subtitle A of 
        title II of division A.
    (d) National Aeronautics and Space Administration.--
            (1) In general.--There are authorized to be appropriated to 
        the National Aeronautics and Space Administration for carrying 
        out this title--
                    (A) $95,000,000 for fiscal year 2024;
                    (B) $100,000,000 for fiscal year 2025;
                    (C) $110,000,000 for fiscal year 2026;
                    (D) $110,000,000 for fiscal year 2027; and
                    (E) $110,000,000 for fiscal year 2028.
            (2) Use of funds.--Of the amounts authorized for each of 
        the fiscal years in paragraph (1), up to $10,000,000 may be 
        used to support National Aeronautics and Space Administration 
        research and development contributions to the activities of the 
        Joint Fire Science Program in section 202(c)(1)(D) of subtitle 
        A of title II of division A.
    (e) Environmental Protection Agency.--There are authorized to be 
appropriated to the Environmental Protection Agency for carrying out 
this title--
            (1) $11,000,000 for fiscal year 2024;
            (2) $11,700,000 for fiscal year 2025;
            (3) $12,400,000 for fiscal year 2026;
            (4) $13,100,000 for fiscal year 2027; and
            (5) $13,900,000 for fiscal year 2028.
    (f) Federal Emergency Management Agency.--
            (1) In general.--There are authorized to be appropriated to 
        the Federal Emergency Management Agency for carrying out this 
        title--
                    (A) $6,000,000 for fiscal year 2024;
                    (B) $6,400,000 for fiscal year 2025;
                    (C) $6,700,000 for fiscal year 2026;
                    (D) $7,100,000 for fiscal year 2027; and
                    (E) $7,600,000 for fiscal year 2028.
            (2) Use of funds.--Of the amounts authorized in paragraph 
        (1), up to $10,000,000 for fiscal years 2024 through 2028 may 
        be used to support the Federal Emergency Management Agency's 
        contributions to the activities of the Joint Fire Science 
        Program in section 202(c)(1)(D) of subtitle A of title II of 
        division A.
    (g) Department of Energy.--There are authorized to be appropriated 
to the Secretary of Energy up to $10,000,000 for each of fiscal years 
2024 through 2028 to support the Department's contributions to the 
activities of the Joint Fire Science Program in section 202(c)(1)(D) of 
subtitle A of title II of division A.

SEC. 310. INCREASE IN ALLOWABLE AMOUNT OF PHYSICAL DISASTER LOAN FOR 
              MITIGATION.

    Section 7(b)(1)(A) of the Small Business Act (15 U.S.C. 
636(b)(1)(A)) is amended, in the second proviso, by striking ``20 per 
centum'' and inserting ``30 percent''.

SEC. 311. STUDY ON DISASTER SPENDING; STATE DISASTER PLAN UPDATES.

    (a) Government Accountability Office Study on Disaster Spending.--
            (1) Study.--The Comptroller General of the United States 
        shall conduct a study to identify the following:
                    (A) For the 5-year period ending on the date of 
                enactment of this Act--
                            (i) the total amount of Federal funds spent 
                        in response to major disasters and emergencies 
                        declared pursuant to the Robert T. Stafford 
                        Disaster Relief and Emergency Assistance Act 
                        (42 U.S.C. 5121 et seq.); and
                            (ii) the total amount of State and Indian 
                        tribal government funds spent in response to 
                        such major disasters and emergencies.
                    (B) 10 proposed Federal actions, to include 
                reinsurance, that, if implemented, would most 
                effectively reduce the need for spending related to 
                such major disasters or emergencies. Such actions shall 
                be listed in order of priority under criteria 
                established by the Comptroller General, including the 
                following:
                            (i) Cost effectiveness.
                            (ii) Return on investment.
                            (iii) Simplicity or speed of implementation 
                        using existing resources.
                    (C) The effect that using blockchain may have on 
                delivering disaster assistance to State and Indian 
                tribal governments.
                    (D) Whether insurance protection against wildfires 
                will remain available and affordable to homeowners.
            (2) Report.--Not later than 1 year after the date of 
        enactment of this Act, the Comptroller General shall submit to 
        the covered entities a report containing the results of the 
        study.
            (3) Definitions.--In this subsection:
                    (A) The term ``covered entities'' means--
                            (i) Congress;
                            (ii) the Administrator of the Federal 
                        Emergency Management Agency; and
                            (iii) for each State and Indian tribal 
                        government, the head of the agency for such 
                        State or Indian tribal government with 
                        jurisdiction over disaster response activities.
                    (B) The terms ``Indian tribal government'' and 
                ``State'' have the meanings given such terms in section 
                102 of the Robert T. Stafford Disaster Relief and 
                Emergency Assistance Act (42 U.S.C. 5122).
    (b) State Disaster Plan Updates.--Section 201 of the Robert T. 
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5131) 
is amended by adding at the end the following:
    ``(e) With respect to State plans developed under this section, the 
President shall coordinate with each State to update such plans to 
incorporate strategies that decrease the time required to prepare for 
all hazard incidents, including the time to evacuate individuals.''.

                 TITLE IV--WILDFIRE GRID RESILIENCE ACT

SEC. 401. SHORT TITLE.

    This title may be cited as the ``Wildfire Grid Resiliency Act''.

SEC. 402. RESILIENCE ACCELERATOR DEMONSTRATION PROGRAM.

    (a) In General.--The Secretary of Energy shall carry out a 
demonstration program, to be known as the ``Resilience Accelerator 
Demonstration Program'' (in this section referred to as the 
``Program''), to make awards to eligible entities for projects that 
demonstrate innovative technologies to improve electric grid resilience 
with respect to wildfires.
    (b) Eligible Projects.--The Secretary may make an award under the 
Program to facilitate a project that demonstrates an innovative 
technology to improve electric grid resilience with respect to 
wildfires, including--
            (1) a project that demonstrates an innovative technology 
        for monitoring vegetation management; and
            (2) a project that demonstrates an innovative technology to 
        enhance the safety of first responders who respond to electric 
        grid emergencies.
    (c) Eligible Entities.--An eligible entity referred to in 
subsection (a) is--
            (1) a National Laboratory;
            (2) an institution of higher education, including a 
        historically Black college or university, a Tribal College or 
        University, and a minority-serving institution;
            (3) a private commercial entity;
            (4) a unit of State, local, or Tribal government;
            (5) a nonprofit organization;
            (6) an electric utility or electric cooperative;
            (7) a retail service provider of electricity;
            (8) a partnership or consortium of 2 or more entities 
        described in paragraphs (1) through (8); and
            (9) any other entity that the Secretary determines 
        appropriate.
    (d) Definitions.--In this section:
            (1) Historically black college or university.--The term 
        ``historically Black college or university'' has the meaning 
        given the term ``part B institution'' in section 322 of the 
        Higher Education Act of 1965 (20 U.S.C. 1061).
            (2) Institution of higher education.--The term 
        ``institution of higher education'' has the meaning given the 
        term in section 101(a) of the Higher Education Act of 1965 (20 
        U.S.C. 1001(a)).
            (3) Minority-serving institution.--The term ``minority-
        serving institution'' means--
                    (A) a Hispanic-serving institution (as defined in 
                section 502(a) of the Higher Education Act of 1965 (20 
                U.S.C. 1101a(a)));
                    (B) an Alaska Native-serving institution (as 
                defined in section 317(b) of the Higher Education Act 
                of 1965 (20 U.S.C. 1059d(b)));
                    (C) a Native Hawaiian-serving institution (as 
                defined in section 317(b) of the Higher Education Act 
                of 1965 (20 U.S.C. 1059d(b)));
                    (D) a Predominantly Black Institution (as defined 
                in section 371(c) of the Higher Education Act of 1965 
                (20 U.S.C. 1067q(c)));
                    (E) an Asian American and Native American Pacific 
                Islander-serving institution (as defined in section 
                371(c) of the Higher Education Act of 1965 (20 U.S.C. 
                1067q(c))); and
                    (F) a Native American-serving nontribal institution 
                (as defined in section 371(c) of the Higher Education 
                Act of 1965 (20 U.S.C. 1067q(c))).
            (4) National laboratory.--The term ``National Laboratory'' 
        has the meaning given such term in section 2 of the Energy 
        Policy Act of 2005 (42 U.S.C. 15801).
            (5) Resilience.--The term ``resilience'' has the meaning 
        given such term in section 1304A of the Energy Independence and 
        Security Act of 2007 (42 U.S.C. 17384a).
            (6) Secretary.--The term ``Secretary'' means the Secretary 
        of Energy.
            (7) Tribal college or university.--The term ``Tribal 
        College or University'' has the meaning given the term in 
        section 316 of the Higher Education Act of 1965 (20 U.S.C. 
        1059c).
    (e) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out the Program $10,000,000 for each of fiscal 
years 2024 through 2028.

               TITLE V--WILDFIRE INSURANCE COVERAGE STUDY

SEC. 501. SHORT TITLE.

    This title may be cited as the ``Wildfire Insurance Coverage Study 
Act of 2022''.

SEC. 502. NATIONAL WILDFIRE RISK ASSESSMENT.

    (a) Study.--The Administrator of the Federal Emergency Management 
Agency shall, pursuant to the authority under section 1371 of the 
National Flood Insurance Act of 1968 (42 U.S.C. 4122), conduct a study 
regarding wildfire risk in the United States to--
            (1) identify trends in declarations for wildfires under the 
        Fire Management Assistance grant program under section 420 of 
        the Robert T. Stafford Disaster Relief and Emergency Assistance 
        Act (42 U.S.C. 5187), with respect to geography, costs, 
        probability, and frequency of wildfire disasters;
            (2) identify mitigation practices that would assist in 
        reducing premiums for insurance policies covering damages from 
        wildfires;
            (3) identify existing programs of the Federal Government 
        and State governments that measure wildfire risk and assess 
        their effectiveness in forecasting wildfire events and 
        informing wildfire response; and
            (4) analyze and assess the need for a national map for 
        measuring and quantifying wildfire risk.
    (b) Report.--Not later than 1 year after date of the enactment of 
this Act, the Administrator shall submit to the Congress a report 
regarding the findings and conclusions of the study conducted pursuant 
to subsection (a), which shall include a recommendation with regard to 
the need for a national map referred to in subsection (a)(4).

SEC. 503. GAO STUDY REGARDING INSURANCE FOR WILDFIRE DAMAGE.

    (a) Study.--The Comptroller General of the United States, in 
consultation with the Director of the Federal Insurance Office and 
State insurance regulators, shall conduct a study to analyze and 
determine the following:
            (1) Existing state of coverage.--With respect to the 
        existing state of homeowners insurance coverage and commercial 
        property insurance coverage for damage from wildfires in the 
        United States--
                    (A) the extent to which private insurers have, 
                during the 10-year period ending on the date of the 
                enactment of this Act, increased rates, cost-sharing 
                provisions, or both for such coverage (after adjusting 
                for inflation) and the geographic areas in which such 
                increased rates, cost-sharing, or both applied;
                    (B) the extent to which private insurers have, 
                during the 10-year period ending on the date of the 
                enactment of this Act, refused to renew policies for 
                such coverages and the geographic areas to which such 
                refusals applied;
                    (C) the events that have triggered such increased 
                rates and refusals to renew policies;
                    (D) in cases in which private insurers curtail 
                coverage, the extent to which homeowners coverage and 
                commercial property coverage are terminated altogether 
                and the extent to which such coverages are offered but 
                with coverage for damage from wildfires excluded; and
                    (E) the extent to which, and circumstances under 
                which, private insurers are continuing to provide 
                coverage for damage from wildfires--
                            (i) in general;
                            (ii) subject to a condition that mitigation 
                        activities are taken, such as hardening of 
                        properties and landscaping against wildfires, 
                        by property owners, State or local governments, 
                        park or forest authorities, or other land 
                        management authorities; and
                            (iii) subject to any other conditions.
            (2) Regulatory responses.--With respect to actions taken by 
        State insurance regulatory agencies in response to increased 
        premium rates, cost-sharing, or both for coverage for damage 
        from wildfires and exclusion of such coverage from homeowners 
        policies--
                    (A) the extent of rate regulation;
                    (B) the extent of moratoria on such rate and cost-
                sharing increases and exclusions and on nonrenewals;
                    (C) the extent to which States require homeowners 
                coverage to include coverage for damage from wildfires 
                or make sales of homeowners coverage contingent on the 
                sale, underwriting, or financing of separate wildfire 
                coverage in the State;
                    (D) the extent to which States have established 
                State residual market insurance entities, reinsurance 
                programs, or similar mechanisms for coverage of damages 
                from wildfires;
                    (E) any other actions States or localities have 
                taken in response to increased premium rates, cost-
                sharing, or both for coverage for damage from wildfires 
                and exclusion of such coverage from homeowners 
                policies, including forestry and wildfire management 
                policies and subsidies for premiums and cost-sharing 
                for wildfire coverage;
                    (F) the effects on the homeownership coverage 
                market of such actions taken by States; and
                    (G) the effectiveness and sustainability of such 
                actions taken by States.
            (3) Impediments in underwriting wildfire risk.--With 
        respect to impediments faced by private insurers underwriting 
        wildfire risk, what is or are--
                    (A) the correlated risks and the extent of such 
                risks;
                    (B) the extent of private insurers' inability to 
                estimate magnitude of future likelihood of wildfires 
                and of expected damages from wildfires;
                    (C) the extent to which need for affordable housing 
                contributes to people relocating to more remote, 
                heavily wooded areas with higher wildfire risk;
                    (D) the potential for wildfire losses sufficiently 
                large to jeopardize insurers' solvency;
                    (E) the extent to which, and areas in which, risk-
                adjusted market premiums for wildfire risk are so high 
                as to be unaffordable;
                    (F) the manners in which the Federal Government and 
                State governments can alleviate any of these 
                impediments, including through--
                            (i) improved forest management policies to 
                        reduce wildfire risk;
                            (ii) improved data to estimate risk;
                            (iii) relocating homeowners from wildfire 
                        zones;
                            (iv) allowing insurers to charge risk-
                        adjusted premiums for wildfire risk, combined 
                        with subsidized premiums for lower-income 
                        homeowners; and
                            (v) taking a last-loss position in 
                        reinsuring wildfire risk;
                    (G) the available policy responses if private 
                insurers exit the wildfire coverage market and the 
                advantages and disadvantages of each such response;
                    (H) the effects of lack of wildfire coverage or 
                more expensive wildfire coverage rates, cost-sharing, 
                or both--
                            (i) on local communities, including on low- 
                        or moderate-income property owners and small 
                        businesses;
                            (ii) by race and ethnicity;
                            (iii) on rebuilding in communities 
                        previously damaged by wildfires; and
                            (iv) on the demand for wildfire coverage by 
                        property owners;
                    (I) the effects of potential State prohibitions on 
                termination of policies due to wildfire claims on 
                insurer solvency; and
                    (J) the manner in which private insurers are 
                modeling or estimating future wildfire risk.
    (b) Report.--Not later than 2 years after the date of enactment of 
this Act, the Comptroller General shall submit to the Congress a report 
identifying the findings and conclusions of the study conducted 
pursuant to subsection (a).

                        TITLE VI--OTHER MATTERS

SEC. 601. EXTREME WEATHER EVENTS.

    (a) Definitions.--
            (1) In general.--Section 203 of the Robert T. Stafford 
        Disaster Relief and Emergency Assistance Act (42 U.S.C. 5133) 
        is amended--
                    (A) by amending subsection (a) to read as follows:
    ``(a) Definition of Underserved Community.--In this section, the 
term `underserved community' means a community, or a neighborhood 
within a community, that--
            ``(1) is classified as high risk according to census tract 
        risk ratings derived from a product that--
                    ``(A) is maintained under a natural hazard 
                assessment program;
                    ``(B) is available to the public;
                    ``(C) defines natural hazard risk across the United 
                States;
                    ``(D) reflects high levels of individual hazard 
                risk ratings;
                    ``(E) reflects high social vulnerability ratings 
                and low community resilience ratings;
                    ``(F) reflects the principal natural hazard risks 
                identified for the respective census tracts; and
                    ``(G) any other elements determined by the 
                President.
            ``(2) is comprised of 50,000 or fewer individuals and is 
        economically disadvantaged, as determined by the State in which 
        the community is located and based on criteria established by 
        the President; or
            ``(3) is otherwise determined by the President based on 
        factors including, high housing cost burden and substandard 
        housing, percentage of homeless population, limited water and 
        sanitation access, demographic information such as race, age, 
        and disability, language composition, transportation access or 
        type, disproportionate environmental stressor burden, and 
        disproportionate impacts from climate change.'';
                    (B) in subsection (g)(9) by striking ``small 
                impoverished communities'' and inserting ``underserved 
                communities''; and
                    (C) in subsection (h)(2)--
                            (i) in the heading by striking ``Small 
                        impoverished communities'' and inserting 
                        ``Underserved communities''; and
                            (ii) by striking ``small impoverished 
                        community'' and inserting ``underserved 
                        community''.
            (2) Applicability.--The amendments made by subsection (a) 
        shall apply with respect to any amounts appropriated on or 
        after the date of enactment of this Act.
    (b) Guidance on Extreme Temperature Events.--Not later than 1 year 
after the date of enactment of this Act, the Administrator of the 
Federal Emergency Management Administration shall issue guidance 
related to extreme temperature events, including heat waves and 
freezes, and publish such guidance in the Federal Emergency Management 
Administration Public Assistance Program and Policy Guide.
    (c) Hazard Mitigation Plans.--Section 322 of the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5165) is 
amended--
            (1) in subsection (a) by striking the period at the end and 
        inserting ``, including--
            ``(1) identifying the extent to which resilience is or will 
        be incorporated into other planning processes, including 
        community land use, economic development, capital improvement 
        budgets and transportation planning processes;
            ``(2) goals and objectives related to increasing resilience 
        over a 5-year period, including benchmarks for future work and 
        an assessment of past progress;
            ``(3) the building codes in existence at the time the plan 
        is submitted and standards that are in use by the State for all 
        manner of planning or development purposes and how the State 
        has or will comply with the standards set forth in section 
        406(e)(1)(A);
            ``(4) the use of nature-based solutions or other mitigation 
        activities that conserve or restore natural features that can 
        serve to abate or lessen the impacts of future disasters;
            ``(5) integration of each local mitigation plan with the 
        State, Indian Tribe, or territory plan; and
            ``(6) the disparate impacts on underserved communities (as 
        such term is defined in section 203(a)) and plans to address 
        any disparities.''; and
            (2) by adding at the end the following:
    ``(f) Guidance.--The Administrator of the Federal Emergency 
Management Agency shall issue specific guidance on resilience goals and 
provide technical assistance for States, Indian Tribes, territories, 
and local governments to meet such goals.
    ``(g) Adequate Staffing.--The Administrator of the Federal 
Emergency Management Agency shall ensure that ample staff are available 
to develop the guidance and technical assistance under section 322, 
including hazard mitigation planning staff and personnel with expertise 
in community planning, land use development, and consensus based codes 
and hazard resistant designs at each regional office that specifically 
focus on providing financial and non-financial direct technical 
assistance to States, Indian Tribes, and territories.
    ``(h) Reporting.--Not less frequently than every 5 years, the 
Administrator shall submit to Congress a report on the progress of 
meeting the goals under this section.''.
    (d) Additional Uses of Funds.--Section 408 of the Robert T. 
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5174) 
is amended by adding at the end the following:
    ``(k) Additional Uses of Funds.--For State and local governments 
that have exceeded, adopted, or are implementing the latest two 
published editions of relevant consensus-based codes, specifications, 
and standards that incorporate the latest hazard-resistant designs and 
establish minimum acceptable criteria for the design, construction, and 
maintenance of residential structures and facilities, a recipient of 
assistance provided under this paragraph may use such assistance in a 
manner consistent with the standards set forth in clauses (ii) and 
(iii) of section 406(e)(1)(A).''.
    (e) Collaboration With Other Agencies.--In awarding grants under 
the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 
U.S.C. 5121 et seq.), the Administrator of the Federal Emergency 
Management Agency may coordinate with other relevant agencies, 
including the Environmental Protection Agency, the Department of 
Energy, the Department of Transportation, the Corps of Engineers, the 
Department of Agriculture, and the Department of Housing and Urban 
Development, as necessary, to improve collaboration for eligible 
activities under the Act.
    (f) GAO Reports.--
            (1) Extreme temperature events.--Not later than 1 year 
        after the date of enactment of this Act, and every 5 years 
        thereafter, the Comptroller General of the United States shall 
        evaluate and issue to Congress and the Federal Emergency 
        Management Agency a report regarding the impacts of extreme 
        temperatures events on communities, the challenges posed to the 
        Federal Emergency Management Agency in addressing extreme 
        temperature events, and recommendations for the Federal 
        Emergency Management Agency to better provide assistance to 
        communities experiencing extreme temperature events. The report 
        may also include examples of specific mitigation and resilience 
        projects that communities may undertake, and the Federal 
        Emergency Management Agency may consider, to reduce the impacts 
        of extreme temperatures on and within building structures, 
        participatory processes that allow for public engagement in 
        determining and addressing local risks and vulnerabilities 
        related to extreme temperatures events, and community 
        infrastructure, including heating or cooling shelters.
            (2) Smoke and indoor air quality.--Not later than 1 year 
        after the date of enactment of this Act, and every 5 years 
        thereafter, the Comptroller General shall evaluate and issue to 
        Congress and the Federal Emergency Management Agency a report 
        regarding the impacts of wildfire smoke and poor indoor air 
        quality, the challenges posed to Federal Emergency Management 
        Agency in addressing wildfire smoke and indoor air quality, and 
        recommendations for the Federal Emergency Management Agency to 
        better provide assistance to communities and individuals in 
        dealing with wildfire smoke and indoor air quality.
    (g) Report Congress and Update of Cost Effectiveness Determinations 
and Declarations.--
            (1) Report.--Not later than 2 years after the date of 
        enactment of this Act, the Administrator of the Federal 
        Emergency Management Agency, in coordination with the Director 
        of the Office of Management and Budget, shall submit to 
        Congress a report regarding the challenges posed by the 
        Agency's requirements for declaring an incident or determining 
        the cost effectiveness of mitigation activities and 
        specifically how such requirements may disproportionately 
        burden small impoverished communities, or specific vulnerable 
        populations within communities.
            (2) Update of cost effectiveness determination.--Not later 
        than 5 years after the date of enactment of this Act, the 
        Administrator, to the extent practicable, shall update the 
        requirements for determining cost effectiveness and declaring 
        incidents, including selection of appropriate interest rates, 
        based on the findings made under subsection (a).

SEC. 602. FIRE MANAGEMENT ASSISTANCE PROGRAM POLICY.

    The Administrator of the Federal Emergency Management Agency shall 
issue such regulations as are necessary to update the categories of 
eligibility and timelines for the fire management assistance program 
under section 420 of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5187) to be, to the maximum extent 
practicable, the same as such categories and timelines under the public 
assistance program under section 406 of such Act (42 U.S.C. 5172).

SEC. 603. CHANGES TO PUBLIC ASSISTANCE POLICY GUIDE.

    Not later than 1 year after the date of enactment of this Act, the 
Administrator of the Federal Emergency Management Agency shall issue 
such regulations as are necessary to update the Public Assistance 
Program and Policy Guide of the Federal Emergency Management Agency to 
include guidance on the wildfire-specific challenges, including debris 
removal, emergency protective measures, and the resulting toxicity of 
drinking water resources.

SEC. 604. MITIGATION BENEFIT-COST ANALYSIS.

    (a) In General.--The Administrator of the Federal Emergency 
Management Agency shall conduct a review of the benefit cost analysis 
criteria for mitigation projects under sections 203 and 404 of the 
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 
U.S.C. ) to consider a broader range of factors, including--
            (1) the establishment of a benefit cost analysis pre-
        calculated benefits critereon for common defensible space 
        mitigation projects;
            (2) projects that use nature-based infrastructure;
            (3) considerations for ecological and societal health;
            (4) carbon sequestration;
            (5) improved water quality; and
            (6) lessening disaster impact on traditionally underserved 
        communities.
    (b) Updated Criteria.--Not later than 1 year after the date of 
enactment of this Act, the Administrator shall issue such regulations 
as are necessary to--
            (1) update the benefit cost analysis criteria for 
        mitigation projects under sections 203 and 404 of the Robert T. 
        Stafford Disaster Relief and Emergency Assistance Act (42 
        U.S.C. ) based on the results of the review conducted under 
        subsection (a); and
            (2) prioritize projects under such sections based on the 
        benefit cost analysis criteria updated under paragraph (1).

 TITLE VII--COLLATERAL REQUIREMENTS FOR DISASTER LOANS UNDER THE SMALL 
                              BUSINESS ACT

SEC. 701. COLLATERAL REQUIREMENTS FOR DISASTER LOANS UNDER THE SMALL 
              BUSINESS ACT.

    (a) Amendment to the Rise After Disaster Act of 2015.--Section 2102 
of the RISE After Disaster Act of 2015 (Public Law 114-88) is amended--
            (1) by striking subsections (b) and (c); and
            (2) by striking ``(a) In General.--''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect and apply as though enacted as part of the RISE After 
Disaster Act of 2015 (Public Law 114-88).

                   DIVISION D--ENVIRONMENTAL JUSTICE

SEC. 101. DEFINITIONS.

    In this division:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Environmental Protection Agency.
            (2) Advisory council.--The term ``Advisory Council'' means 
        the National Environmental Justice Advisory Council described 
        in section 109.
            (3) Aggrieved person.--The term ``aggrieved person'' means 
        a person aggrieved by discrimination on the basis of race, 
        color, or national origin.
            (4) Clearinghouse.--The term ``Clearinghouse'' means the 
        Environmental Justice Clearinghouse established by the 
        Administrator under section 107.
            (5) Community of color.--The term ``community of color'' 
        means any geographically distinct area the population of color 
        of which is higher than the average population of color of the 
        State in which the community is located.
            (6) Community-based science.--The term ``community-based 
        science'' means voluntary public participation in the 
        scientific process and the incorporation of data and 
        information generated outside of traditional institutional 
        boundaries to address real-world problems in ways that may 
        include formulating research questions, conducting scientific 
        experiments, collecting and analyzing data, interpreting 
        results, making new discoveries, developing technologies and 
        applications, and solving complex problems, with an emphasis on 
        the democratization of science and the engagement of diverse 
        people and communities.
            (7) Demonstrates.--The term ``demonstrates'' means meets 
        the burdens of going forward with the evidence and of 
        persuasion.
            (8) Director.--The term ``Director'' means the Director of 
        the National Institute of Environmental Health Sciences.
            (9) Disparate impact.--The term ``disparate impact'' means 
        an action or practice that, even if appearing neutral, actually 
        has the effect of subjecting persons to discrimination on the 
        basis of race, color, or national origin.
            (10) Disproportionate burden of adverse human health or 
        environmental effects.--The term ``disproportionate burden of 
        adverse human health or environmental effects'' means a 
        situation where there exists higher or more adverse human 
        health or environmental effects on communities of color, low- 
        income communities, and Tribal and Indigenous communities.
            (11) Environmental justice.--The term ``environmental 
        justice'' means the fair treatment and meaningful involvement 
        of all individuals, regardless of race, color, culture, 
        national origin, educational level, or income, with respect to 
        the development, implementation, and enforcement of 
        environmental laws, regulations, and policies to ensure that--
                    (A) populations of color, communities of color, 
                Tribal and Indigenous communities, and low-income 
                communities have access to public information and 
                opportunities for meaningful public participation 
                relating to human health and environmental planning, 
                regulations, and enforcement;
                    (B) Each population of color or community of color, 
                Tribal and Indigenous community, or low-income 
                community enjoy the same degree of protection from 
                pollution or other environmental and health hazards; 
                and
                    (C) the 17 Principles of Environmental Justice 
                written and adopted at the First National People of 
                Color Environmental Leadership Summit held on October 
                through 27, 1991, in Washington, DC, are upheld.
            (12) Environmental justice community.--The term 
        ``environmental justice community'' means a community with 
        significant representation of communities of color, low-income 
        communities, or Tribal and Indigenous communities, that 
        experiences, or is at risk of experiencing higher or more 
        adverse human health or environmental effects.
            (13) Fair treatment.--The term ``fair treatment'' means the 
        conduct of a program, policy, practice or activity by a Federal 
        agency in a manner that ensures that no group of individuals 
        (including racial, ethnic, or socioeconomic groups) experience 
        a disproportionate burden of adverse human health or 
        environmental effects resulting from such program, policy, 
        practice, or activity, as determined through consultation with, 
        and with the meaningful participation of, individuals from the 
        communities affected by a program, policy, practice or activity 
        of a Federal agency.
            (14) Federal agency.--The term ``Federal agency'' means--
                    (A) each Federal agency represented on the Working 
                Group; and
                    (B) any other Federal agency that carries out a 
                Federal program or activity that substantially affects 
                human health or the environment, as determined by the 
                President.
            (15) Tribal and indigenous community.--The term ``Tribal 
        and Indigenous community'' refers to a population of people who 
        are members of--
                    (A) a federally recognized Indian Tribe;
                    (B) a State-recognized Indian Tribe;
                    (C) an Alaska Native or Native Hawaiian community 
                or organization; and
                    (D) any other community of Indigenous people 
                located in a State.
            (16) Indian tribe.--The term ``Indian Tribe'' has the 
        meaning given the term in section 4 of the Indian Self-
        Determination and Education Assistance Act (U.S.C. 5304).
            (17) Infrastructure.--The term ``infrastructure'' means any 
        system for safe drinking water, sewer collection, solid waste 
        disposal, electricity generation, communication, or 
        transportation access (including highways, airports, marine 
        terminals, rail systems, and residential roads) that is used to 
        effectively and safely support--
                    (A) housing;
                    (B) an educational facility;
                    (C) a medical provider;
                    (D) a park or recreational facility; or
                    (E) a local business.
            (18) Local government.--The term ``local government'' 
        means--
                    (A) a county, municipality, city, town, township, 
                local public authority, school district, special 
                district, intrastate district, council of governments 
                (regardless of whether the council of governments is 
                incorporated as a nonprofit corporation under State 
                law), regional or interstate governmental entity, or 
                agency or instrumentality of a local government; or
                    (B) an Indian Tribe or authorized Tribal 
                organization, or Alaska Native village or organization, 
                that is not a Tribal Government.
            (19) Low income.--The term ``low income'' means an annual 
        household income equal to, or less than, the greater of--
                    (A) an amount equal to 80 percent of the median 
                income of the area in which the household is located, 
                as reported by the Department of Housing and Urban 
                Development; and
                    (B) 200 percent of the Federal poverty line.
            (20) Low-income community.--The term ``low income 
        community'' means any census block group in which 30 percent or 
        more of the population are individuals with low income.
            (21) Meaningful.--The term ``meaningful'', with respect to 
        involvement by the public in a determination by a Federal 
        agency, means that--
                    (A) potentially affected residents of a community 
                have an appropriate opportunity to participate in 
                decisions regarding a proposed activity that will 
                affect the environment or public health of the 
                community;
                    (B) the public contribution can influence the 
                determination by the Federal agency;
                    (C) the concerns of all participants involved are 
                taken into consideration in the decision-making 
                process; and
                    (D) the Federal agency--
                            (i) provides to potentially affected 
                        members of the public relevant and accurate 
                        information regarding the activity potentially 
                        affecting the environment or public health of 
                        affected members of the public; and
                            (ii) facilitates the involvement of 
                        potentially affected members of the public.
            (22) Population.--The term ``population'' means a census 
        block group or series of geographically contiguous blocks 
        representing certain common characteristics, such as race, 
        ethnicity, national origin, income-level, health disparities, 
        or other public health and socioeconomic attributes.
            (23) Population of color.--The term ``population of color'' 
        means a population of individuals who identify as--
                    (A) Black;
                    (B) African American;
                    (C) Asian;
                    (D) Pacific Islander;
                    (E) another non-White race;
                    (F) Hispanic;
                    (G) Latino; or
                    (H) linguistically isolated.
            (24) Publish.--The term ``publish'' means to make publicly 
        available in a form that is--
                    (A) generally accessible, including on the internet 
                and in public libraries; and
                    (B) accessible for--
                            (i) individuals who are limited in English 
                        proficiency, in accordance with Executive Order 
                        No. 13166 (65 Fed. Reg. 50121 (August 16, 
                        2000)); and
                            (ii) individuals with disabilities.
            (25) State.--The term ``State'' means any State of the 
        United States, the District of Columbia, Puerto Rico, the 
        United States Virgin Islands, Guam, American Samoa, and the 
        Commonwealth of the Northern Mariana Islands.
            (26) Tribal government.--The term ``Tribal Government'' 
        means the governing body of an Indian Tribe.
            (27) White house interagency council.--The term ``White 
        House Interagency Council'' means the White House Environmental 
        Justice Interagency Council.
            (28) Climate justice.--The term ``climate justice'' means 
        the fair treatment and meaningful involvement of all 
        individuals, regardless of race, color, culture, national 
        origin, educational level, or income, with respect to the 
        development, implementation, and enforcement of policies and 
        projects that address climate change, a recognition of the 
        historical responsibilities for climate change, and a 
        commitment that the people and communities least responsible 
        for climate change, and most vulnerable to the impacts of 
        climate change, do not suffer disproportionately as a result of 
        historical injustice and disinvestment.
            (29) Natural infrastructure.--The term ``natural 
        infrastructure'' means infrastructure that uses, restores, or 
        emulates natural ecological processes and--
                    (A) is created through the action of natural 
                physical, geological, biological, and chemical 
                processes over time;
                    (B) is created by human design, engineering, and 
                construction to emulate or act in concert with natural 
                processes; or
                    (C) involves the use of plants, soils, and other 
                natural features, including through the creation, 
                restoration, or preservation of vegetated areas using 
                materials appropriate to the region to manage 
                stormwater and runoff, to attenuate flooding and storm 
                surges, to prevent and mitigate and address wildfires 
                and drought, and for other related purposes.

SEC. 102. ENVIRONMENTAL JUSTICE COMMUNITY TECHNICAL ASSISTANCE GRANTS.

    (a) In General.--The Administrator may award grants to eligible 
entities to enable such entities to participate in decisions impacting 
the health and safety of their communities in connection with an actual 
or potential release of a covered hazardous air pollutant or in 
connection with wildfires or drought.
    (b) Timing.--
            (1) Guidance.--Not later than 12 months after the date of 
        enactment of this section, the Administrator shall publish 
        guidance describing the process for eligible entities to apply 
        for a grant under this section, including the required content 
        and form of applications, the manner in which applications must 
        be submitted, and any applicable deadlines.
            (2) First grant.--Not later than 180 days after the 
        issuance of guidance under paragraph (1), the Administrator 
        shall award the first grant under this section.
    (c) Eligible Entity.--To be eligible for a grant under this 
section, an applicant shall be a group of individuals who reside in a 
community that--
            (1) is a population of color, a community of color, a 
        Tribal and Indigenous community, or a low-income community; and
            (2) is in close proximity to the site of an actual or 
        potential release of a covered hazardous air pollutant.
    (d) Use of Funds.--An eligible entity receiving a grant under this 
section shall use the grant to participate in decisions impacting the 
health and safety of the community involved in connection with an 
actual or potential release of a covered hazardous air pollutant, 
including--
            (1) interpreting information with regard to the nature of 
        the hazard, cumulative impacts studies, health impacts studies, 
        remedial investigation and feasibility studies, agency 
        decisions, remedial design, and operation and maintenance of 
        necessary monitors; and
            (2) performing additional air pollution monitoring.
    (e) Limitations on Amount; Renewal.--
            (1) Amount.--
                    (A) In general.--The amount of a grant under this 
                section (excluding any renewals of the grant) may not 
                exceed $50,000 for any grant recipient.
                    (B) Exception.--The Administrator may waive the 
                limitation in subparagraph (A) with respect to an 
                applicant in any case where the Administrator 
                determines that such waiver is necessary for the 
                community involved to obtain the necessary technical 
                assistance.
            (2) Renewal.--Grants may be renewed for each step in the 
        regulatory, removal, or remediation process in connection with 
        a facility with the potential to release a covered hazardous 
        air pollutant.
    (f) Definition of Covered Hazardous Air Pollutant.--In this 
section, the term ``covered hazardous air pollutant'' means a hazardous 
air pollutant (as defined in section 112 of the Clean Air Act) that--
            (1) is listed on the toxics release inventory under section 
        (c) of the Emergency Planning and Community Right-To-Know Act 
        of 1986; or
            (2) is identified as carcinogenic by an assessment under 
        the Integrated Risk Information System (IRIS) of the 
        Environmental Protection Agency.

SEC. 103. WHITE HOUSE ENVIRONMENTAL JUSTICE INTERAGENCY COUNCIL.

    (a) In General.--The President shall maintain within the Executive 
Office of the President a White House Environmental Justice Interagency 
Council.
    (b) Requirements.--
            (1) Composition.--The White House Interagency Council shall 
        be comprised of the following (or a designee):
                    (A) The Secretary of Agriculture.
                    (B) The Secretary of Commerce.
                    (C) The Secretary of Defense.
                    (D) The Secretary of Energy.
                    (E) The Secretary of Health and Human Services.
                    (F) The Secretary of Homeland Security.
                    (G) The Secretary of Housing and Urban Development.
                    (H) The Secretary of the Interior.
                    (I) The Secretary of Labor.
                    (J) The Secretary of Transportation.
                    (K) The Attorney General.
                    (L) The Administrator.
                    (M) The Director of the Office of Environmental 
                Justice.
                    (N) The Chairman of the Consumer Product Safety 
                Commission.
                    (O) The Chairperson of the Chemical Safety Board.
                    (P) The Director of the Office of Management and 
                Budget.
                    (Q) The Director of the Office of Science and 
                Technology Policy.
                    (R) The Chair of the Council on Environmental 
                Quality.
                    (S) The Assistant to the President for Domestic 
                Policy.
                    (T) The Director of the National Economic Council.
                    (U) The Chairman of the Council of Economic 
                Advisers.
                    (V) The Secretary of Education.
                    (W) The Deputy Assistant to the President for 
                Environmental Policy.
                    (X) The Director of the National Institutes of 
                Health.
                    (Y) The Director of the National Park Service.
                    (Z) The Assistant Secretary of the Bureau of Indian 
                Affairs.
                    (AA) The Chairperson of the National Environmental 
                Justice Advisory Council.
                    (BB) Such other Federal officials as the President 
                may designate.
            (2) Functions.--The White House Interagency Council shall--
                    (A) report to the President through the Chair of 
                the Council on Environmental Quality;
                    (B) provide guidance to Federal agencies regarding 
                criteria for identifying disproportionately high and 
                adverse human health or environmental effects--
                            (i) on populations of color, communities of 
                        color, Tribal and Indigenous communities, and 
                        low-income communities; and
                            (ii) on the basis of race, color, national 
                        origin, or income;
                    (C) coordinate with, provide guidance to, and serve 
                as a clearinghouse for, each Federal agency with 
                respect to the implementation and updating of an 
                environmental justice strategy required under this 
                division, in order to ensure that the administration, 
                interpretation, and enforcement of programs, 
                activities, and policies are carried out in a 
                consistent manner; (D) assist in coordinating research 
                by, and stimulating cooperation among, the 
                Environmental Protection Agency, the Department of 
                Health and Human Services, the Department of Housing 
                and Urban Development, and other Federal agencies 
                conducting research or other activities in accordance 
                with this division;
                    (E) identify, based in part on public 
                recommendations contained in Federal agency progress 
                reports, important areas for Federal agencies to take 
                into consideration and address, as appropriate, in 
                environmental justice strategies and other efforts;
                    (F) assist in coordinating data collection and 
                maintaining and updating appropriate databases, as 
                required by this division;
                    (G) examine existing data and studies relating to 
                environmental justice;
                    (H) hold public meetings and otherwise solicit 
                public participation under paragraph (3); and
                    (I) develop interagency model projects relating to 
                environmental justice that demonstrate cooperation 
                among Federal agencies.
            (3) Public participation.--The White House Interagency 
        Council shall--
                    (A) hold public meetings or otherwise solicit 
                public participation and community-based science for 
                the purpose of fact-finding with respect to the 
                implementation of this division; and
                    (B) prepare for public review and publish a summary 
                of any comments and recommendations provided.
    (c) Judicial Review and Rights of Action.--Any person may commence 
a civil action--
            (1) to seek relief from, or to compel, an agency action 
        under this section (including regulations promulgated pursuant 
        to this section); or
            (2) otherwise to ensure compliance with this section 
        (including regulations promulgated pursuant to this section).

SEC. 104. FEDERAL AGENCY ACTIONS TO ADDRESS ENVIRONMENTAL JUSTICE.

    (a) Federal Agency Responsibilities.--
            (1) Environmental justice mission.--To the maximum extent 
        practicable and permitted by applicable law, each Federal 
        agency shall make achieving environmental justice part of the 
        mission of the Federal agency by identifying, addressing, and 
        mitigating disproportionately high and adverse human health or 
        environmental effects of the programs, policies, and activities 
        of the Federal agency on populations of color, communities of 
        color, Tribal and Indigenous communities, and low-income 
        communities in the United States (including the territories and 
        possessions of the United States and the District of Columbia).
            (2) Nondiscrimination.--Each Federal agency shall conduct 
        any program, policy, or activity that substantially affects 
        human health or the environment in a manner that ensures that 
        the program, policy, or activity does not have the effect of 
        excluding any individual or group from participation in, 
        denying any individual or group the benefits of, or subjecting 
        any individual or group to discrimination under, the program, 
        policy, or activity on the basis of race, color, or national 
        origin.
            (3) Strategies.--
                    (A) Agencywide strategies.--Each Federal agency 
                shall implement and update, not less frequently than 
                annually, an agencywide environmental justice strategy 
                that identifies and includes strategies to address 
                disproportionally high and adverse human health or 
                environmental effects of the programs, policies, 
                spending, and other activities of the Federal agency 
                with respect to populations of color, communities of 
                color, Tribal and Indigenous communities, and low- 
                income communities, including, as appropriate for the 
                mission of the Federal agency, with respect to the 
                following areas:
                            (i) Implementation of the National 
                        Environmental Policy Act of 1969 (42 U.S.C. et 
                        seq.).
                            (ii) Implementation of title VI of the 
                        Civil Rights Act of 1964 (42 U.S.C. 2000d et 
                        seq.) (including regulations promulgated 
                        pursuant to that title).
                            (iii) Implementation of the Robert T. 
                        Stafford Disaster Relief and Emergency 
                        Assistance Act (42 U.S.C. 5121 et seq.).
                            (iv) Impacts from the lack of 
                        infrastructure, or from deteriorated 
                        infrastructure.
                            (v) Impacts from land use.
                            (vi) Impacts from climate change, including 
                        wildfires and drought.
                            (vii) Impacts from commercial 
                        transportation.
                            (viii) Strategies for the implementation of 
                        agency programs, policies, and activities to 
                        provide for--
                                    (I) equal protection from 
                                environmental and health hazards for 
                                populations of color, communities of 
                                color, Tribal and Indigenous 
                                communities, and low-income 
                                communities;
                                    (II) equal opportunity for public 
                                involvement and due process to 
                                populations of color, communities of 
                                color, Tribal and Indigenous 
                                communities, and low-income communities 
                                in the development, implementation, and 
                                enforcement of agency programs, 
                                policies, and activities;
                                    (III) improved technical assistance 
                                and access to information to 
                                populations of color, communities of 
                                color, Tribal and Indigenous 
                                communities, and low-income communities 
                                regarding the impacts of agency 
                                programs, policies, and activities on 
                                environmental justice communities;
                                    (IV) improved agency cooperation 
                                with State governments, Tribal 
                                Governments, and local governments to 
                                address pollution and public health 
                                burdens for populations of color, 
                                communities of color, Tribal and 
                                Indigenous communities, and low-income 
                                communities.
                    (B) Revisions.--
                            (i) In general.--Each strategy developed 
                        and updated pursuant to subparagraph (A) shall 
                        identify programs, policies, planning and 
                        public participation processes, rulemaking, 
                        agency spending, and enforcement activities 
                        relating to human health or the environment 
                        that may be revised, at a minimum--
                                    (I) to promote enforcement of all 
                                health, environmental, and civil rights 
                                laws and regulations in areas 
                                containing populations of color, 
                                communities of color, Tribal and 
                                Indigenous communities, and low-income 
                                communities;
                                    (II) to ensure greater public 
                                participation;
                                    (III) to provide increased access 
                                to infrastructure;
                                    (IV) to improve research and data 
                                collection relating to the health and 
                                environment of populations of color, 
                                communities of color, Tribal and 
                                Indigenous communities, and low-income 
                                communities, including through the 
                                increased use of community-based 
                                science; and
                                    (V) to identify differential 
                                patterns of use of natural resources 
                                among populations of color, communities 
                                of color, Tribal and Indigenous 
                                communities, and low-income 
                                communities.
                            (ii) Timetables.--Each strategy implemented 
                        and updated pursuant to subparagraph (A) shall 
                        include a timetable for undertaking revisions 
                        identified pursuant to clause (i).
                    (C) Progress reports.--Not later than 1 year after 
                the date of enactment of this Act, and not less 
                frequently than once every 5 years thereafter, each 
                Federal agency shall submit to Congress and the Working 
                Group, and shall publish, a progress report that 
                includes, with respect to the period covered by the 
                report--
                            (i) a description of the current 
                        environmental justice strategy of the Federal 
                        agency;
                            (ii) an evaluation of the progress made by 
                        the Federal agency at national and regional 
                        levels regarding implementation of the 
                        environmental justice strategy, including--
                                    (I) metrics used by the Federal 
                                agency to measure performance; and
                                    (II) the progress made by the 
                                Federal agency toward--
                                            (aa) the achievement of the 
                                        metrics described in subclause 
                                        (I); and
                                            (bb) mitigating identified 
                                        instances of environmental 
                                        injustice;
                            (iii) a description of the participation by 
                        the Federal agency in interagency 
                        collaboration;
                            (iv) responses to recommendations submitted 
                        by members of the public to the Federal agency 
                        relating to the environmental justice strategy 
                        of the Federal agency and the implementation by 
                        the Federal agency of this division; and
                            (v) any updates or revisions to the 
                        environmental justice strategy of the Federal 
                        agency, including those resulting from public 
                        comments.
            (4) Public participation.--Each Federal agency shall--
                    (A) ensure that meaningful opportunities exist for 
                the public to submit comments and recommendations 
                relating to the environmental justice strategy, 
                progress reports, and ongoing efforts of the Federal 
                agency to incorporate environmental justice principles 
                into the programs, policies, and activities of the 
                Federal agency;
                    (B) hold public meetings or otherwise solicit 
                public participation and community-based science from 
                populations of color, communities of color, Tribal and 
                Indigenous communities, and low-income communities for 
                fact-finding, receiving public comments, and conducting 
                inquiries concerning environmental justice; and
                    (C) prepare for public review and publish a summary 
                of the comments and recommendations provided.
            (5) Access to information.--Each Federal agency shall--
                    (A) publish public documents, notices, and hearings 
                relating to the programs, policies, and activities of 
                the Federal agency that affect human health or the 
                environment; and
                    (B) translate and publish any public documents, 
                notices, and hearings relating to an action of the 
                Federal agency as appropriate for the affected 
                population, specifically in any case in which a limited 
                English-speaking population may be disproportionately 
                affected by that action.
            (6) Codification of guidance.--
                    (A) Council on environmental quality.--
                Notwithstanding any other provision of law, sections II 
                and III of the guidance issued by the Council on 
                Environmental Quality entitled ``Environmental Justice 
                Guidance Under the National Environmental Policy Act'' 
                and dated December 10, 1997, are enacted into law.
                    (B) Environmental protection agency.--
                Notwithstanding any other provision of law, the 
                guidance issued by the Environmental Protection Agency 
                entitled ``EPA Policy on Consultation and Coordination 
                with Indian Tribes: Guidance for Discussing Tribal 
                Treaty Rights'' and dated February 2016 is enacted into 
                law.
    (b) Human Health and Environmental Research, Data Collection, and 
Analysis.--
            (1) Research.--Each Federal agency, to the maximum extent 
        practicable and permitted by applicable law, shall--
                    (A) in conducting environmental or human health 
                research, include diverse segments of the population in 
                epidemiological and clinical studies, including 
                segments at high risk from environmental hazards, such 
                as--
                            (i) populations of color, communities of 
                        color, Tribal and Indigenous communities, 
                        populations with low income, and low-income 
                        communities;
                            (ii) fenceline communities; and
                            (iii) workers who may be exposed to 
                        substantial environmental hazards;
                    (B) in conducting environmental or human health 
                analyses, identify multiple and cumulative exposures; 
                and
                    (C) actively encourage and solicit community-based 
                science, and provide to populations of color, 
                communities of color, Tribal and Indigenous 
                communities, populations with low income, and low 
                income communities the opportunity to comment regarding 
                the development and design of research strategies 
                carried out pursuant to this division.
            (2) Disproportionate impact.--To the maximum extent 
        practicable and permitted by applicable law (including section 
        552a of title 5, United States Code (commonly known as the 
        Privacy Act)), each Federal agency shall--
                    (A) collect, maintain, and analyze information 
                assessing and comparing environmental and human health 
                risks borne by populations identified by race, national 
                origin, or income; and
                    (B) use that information to determine whether the 
                programs, policies, and activities of the Federal 
                agency have disproportionally high and adverse human 
                health or environmental effects on populations of 
                color, communities of color, Tribal and Indigenous 
                communities, and low-income communities.
            (3) Information relating to non-federal facilities.--In 
        connection with the implementation of Federal agency strategies 
        under subsection (a)(3), each Federal agency, to the maximum 
        extent practicable and permitted by applicable law, shall 
        collect, maintain, and analyze information relating to the 
        race, national origin, and income level, and other readily 
        accessible and appropriate information, for fenceline 
        communities in proximity to any facility or site expected to 
        have a substantial environmental, human health, or economic 
        effect on the surrounding populations, if the facility or site 
        becomes the subject of a substantial Federal environmental 
        administrative or judicial action.
            (4) Impact from federal facilities.--Each Federal agency, 
        to the maximum extent practicable and permitted by applicable 
        law, shall collect, maintain, and analyze information relating 
        to the race, national origin, and income level, and other 
        readily accessible and appropriate information, for fenceline 
        communities in proximity to any facility of the Federal agency 
        that is--
                    (A) subject to the reporting requirements under the 
                Emergency Planning and Community Right-To-Know Act of 
                (42 U.S.C. 11001 et seq.), as required by Executive 
                Order No. 12898 (42 U.S.C. 4321 note; relating to 
                Federal actions to address environmental justice in 
                minority populations and low-income populations); and
                    (B) expected to have a substantial environmental, 
                human health, or economic effect on surrounding 
                populations.
    (c) Consumption of Fish and Wildlife.--
            (1) In general.--Each Federal agency shall develop, publish 
        (unless prohibited by law), and revise, as practicable and 
        appropriate, guidance on actions of the Federal agency that 
        will impact fish and wildlife consumed by populations that 
        principally rely on fish or wildlife for subsistence.
            (2) Requirement.--The guidance described in paragraph (1) 
        shall--
                    (A) reflect the latest scientific information 
                available concerning methods for evaluating the human 
                health risks associated with the consumption of 
                pollutant-bearing fish or wildlife; and
                    (B) publish the risks of such consumption patterns.
    (d) Mapping and Screening Tool.--The Administrator shall continue 
to make available to the public an environmental justice mapping and 
screening tool (such as EJScreen or an equivalent tool) that includes, 
at a minimum, the following features:
            (1) Nationally consistent data.
            (2) Environmental data.
            (3) Demographic data, including data relating to race, 
        ethnicity, and income.
            (4) Capacity to produce maps and reports by geographical 
        area.
            (5) Data on national parks and other federally protected 
        natural, historic, and cultural sites.
    (e) Judicial Review and Rights of Action.--Any person may commence 
a civil action--
            (1) to seek relief from, or to compel, an agency action 
        under this section (including regulations promulgated pursuant 
        to this section); or
            (2) otherwise to ensure compliance with this section 
        (including regulations promulgated pursuant to this section).
    (f) Information Sharing.--In carrying out this section, each 
Federal agency, to the maximum extent practicable and permitted by 
applicable law, shall share information and eliminate unnecessary 
duplication of efforts through the use of existing data systems and 
cooperative agreements among Federal agencies and with State, local, 
and Tribal Governments.
    (g) Climate and Economic Justice Screening Tool.--The Chair of the 
Council on Environmental Quality shall--
            (1) maintain a geospatial Climate and Economic Justice 
        Screening Tool; and
            (2) annually publish interactive maps highlighting 
        disadvantaged communities.

SEC. 105. TRAINING OF EMPLOYEES OF FEDERAL AGENCIES.

    (a) Initial Training.--Not later than 1 year after the date of 
enactment of this Act, each employee of the Department of Energy, the 
Environmental Protection Agency, the Department of the Interior, and 
the National Oceanic and Atmospheric Administration shall complete an 
environmental justice training program to ensure that each such 
employee--
            (1) has received training in environmental justice; and
            (2) is capable of--
                    (A) appropriately incorporating environmental 
                justice concepts into the daily activities of the 
                employee; and
                    (B) increasing the meaningful participation of 
                individuals from environmental justice communities in 
                the activities of the applicable agency.
    (b) Mandatory Participation.--Effective on the date that is 1 year 
after the date of enactment of this Act, each individual hired by the 
Department of Energy, the Environmental Protection Agency, the 
Department of the Interior, and the National Oceanic and Atmospheric 
Administration after that date shall be required to participate in 
environmental justice training.
    (c) Requirement Relating to Certain Employees.--
            (1) In general.--With respect to each Federal agency that 
        participates in the White House Interagency Council, not later 
        than 30 days after the date on which an individual is appointed 
        to the position of environmental justice coordinator, or any 
        other position the responsibility of which involves the conduct 
        of environmental justice activities, the individual shall be 
        required to possess documentation of the completion by the 
        individual of environmental justice training.
            (2) Evaluation.--Not later than 3 years after the date of 
        enactment of this Act, the Inspector General of each Federal 
        agency that participates in the White House Interagency Council 
        shall evaluate the training programs of such Federal agency to 
        determine if such Federal agency has improved the rate of 
        training of the employees of such Federal agency to ensure that 
        each employee has received environmental justice training.

SEC. 106. ENVIRONMENTAL JUSTICE BASIC TRAINING PROGRAM.

    (a) Establishment.--The Administrator shall establish a basic 
training program, in coordination and consultation with nongovernmental 
environmental justice organizations, to increase the capacity of 
residents of environmental justice communities to identify and address 
disproportionately adverse human health or environmental effects by 
providing culturally and linguistically appropriate--
            (1) training and education relating to--
                    (A) basic and advanced techniques for the 
                detection, assessment, and evaluation of the effects of 
                hazardous substances, wildfire, and drought on human 
                health;
                    (B) methods to assess the risks to human health 
                presented by hazardous substances, wildfire, and 
                drought;
                    (C) methods and technologies to detect hazardous 
                substances in the environment;
                    (D) basic biological, chemical, and physical 
                methods to reduce the quantity and toxicity of 
                hazardous substances and to reduce the frequency and 
                extent of wildfires and drought;
                    (E) the rights and safeguards currently afforded to 
                individuals through policies and laws intended to help 
                environmental justice communities address disparate 
                impacts and discrimination, including--
                            (i) laws adopted to protect human health 
                        and the environment; and
                            (ii) section 602 of the Civil Rights Act of 
                        (42 U.S.C. 2000d-1);
                    (F) public engagement opportunities through the 
                policies and laws described in subparagraph (E);
                    (G) materials available on the Clearinghouse 
                described in this division;
                    (H) methods to expand access to parks and other 
                natural and recreational amenities; and
                    (I) finding and applying for Federal grants related 
                to environmental justice; and
            (2) short courses and continuation education programs for 
        residents of communities who are located in close proximity to 
        hazardous substances or in locations at risk of wildfires or 
        drought to provide, as applicable--
                    (A) education relating to--
                            (i) the proper manner to handle hazardous 
                        substances;
                            (ii) the management of facilities at which 
                        hazardous substances are located (including 
                        facility compliance protocols);
                            (iii) the evaluation of the hazards that 
                        facilities described in clause (ii) pose to 
                        human health; and
                            (iv) preventing, mitigating, and managing 
                        wildfires and drought and the hazards that 
                        wildfires and drought pose to human health; and
                    (B) training on environmental and occupational 
                health and safety with respect to the public health and 
                engineering aspects of hazardous waste control.
    (b) Grant Program.--
            (1) Establishment.--In carrying out the basic training 
        program established under subsection (a), the Administrator may 
        provide grants to, or enter into any contract or cooperative 
        agreement with, an eligible entity to carry out any training or 
        educational activity described in subsection (a).
            (2) Eligible entity.--To be eligible to receive assistance 
        under paragraph (1), an eligible entity shall be an accredited 
        institution of education in partnership with--
                    (A) a community-based organization that carries out 
                activities relating to environmental justice;
                    (B) a generator of hazardous waste;
                    (C) any individual who is involved in the 
                detection, assessment, evaluation, or treatment of 
                hazardous waste;
                    (D) any owner or operator of a facility at which 
                hazardous substances are located; or
                    (E) any State government, Tribal Government, or 
                local government.
    (c) Plan.--
            (1) In general.--Not later than 2 years after the date of 
        enactment of this Act, the Administrator, in consultation with 
        the Director, shall develop and publish in the Federal Register 
        a plan to carry out the basic training program established 
        under subsection (a).
            (2) Contents.--The plan described in paragraph (1) shall 
        contain--
                    (A) a list that describes the relative priority of 
                each activity described in subsection (a); and
                    (B) a description of research and training relevant 
                to environmental justice issues of communities 
                adversely affected by pollution.
            (3) Coordination with federal agencies.--The Administrator 
        shall, to the maximum extent practicable, take appropriate 
        steps to coordinate the activities of the basic training 
        program described in the plan with the activities of other 
        Federal agencies to avoid any duplication of effort.
    (d) Report.--
            (1) In general.--Not later than 2 years after the date of 
        enactment of this Act, and every 2 years thereafter, the 
        Administrator shall submit to the Committees on Energy and 
        Commerce and Natural Resources of the House of Representative 
        and the Committees on Environment and Public Works and Energy 
        and Natural Resources of the Senate a report describing--
                    (A) the implementation of the basic training 
                program established under subsection (a); and
                    (B) the impact of the basic training program on 
                improving training opportunities for residents of 
                environmental justice communities.
            (2) Public availability.--The Administrator shall make the 
        report required under paragraph (1) available to the public 
        (including by posting a copy of the report on the website of 
        the Environmental Protection Agency).
    (e) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $10,000,000 for each of fiscal 
years 2023 through 2027.

SEC. 107. ENVIRONMENTAL JUSTICE CLEARINGHOUSE.

    (a) Establishment.--Not later than 1 year after the date of 
enactment of this Act, the Administrator shall establish a public 
internet-based clearinghouse, to be known as the Environmental Justice 
Clearinghouse.
    (b) Contents.--The Clearinghouse shall be composed of culturally 
and linguistically appropriate materials related to environmental 
justice, including--
            (1) information describing the activities conducted by the 
        Environmental Protection Agency to address issues relating to 
        environmental justice;
            (2) copies of training materials provided by the 
        Administrator to help individuals and employees understand and 
        carry out environmental justice activities;
            (3) links to web pages that describe environmental justice 
        activities of other Federal agencies;
            (4) a directory of individuals who possess technical 
        expertise in issues relating to environmental justice;
            (5) a directory of nonprofit and community-based 
        organizations, including grassroots organizations led by people 
        of color, that address issues relating to environmental justice 
        at the local, State, and Federal levels (with particular 
        emphasis given to nonprofit and community-based organizations 
        that possess the capability to provide advice or technical 
        assistance to environmental justice communities); and
            (6) any other appropriate information as determined by the 
        Administrator, including information on any resources available 
        to help address the disproportionate burden of adverse human 
        health or environmental effects on environmental justice 
        communities.
    (c) Consultation.--In developing the Clearinghouse, the 
Administrator shall consult with individuals representing academic and 
community-based organizations who have expertise in issues relating to 
environmental justice.
    (d) Annual Review.--The Advisory Council shall--
            (1) conduct a review of the Clearinghouse on an annual 
        basis; and
            (2) recommend to the Administrator any updates for the 
        Clearinghouse that the Advisory Council determines to be 
        necessary for the effective operation of the Clearinghouse.

SEC. 108. PUBLIC MEETINGS.

    (a) In General.--Not later than 2 years after the date of enactment 
of this Act, and biennially thereafter, the Administrator shall hold 
public meetings on environmental justice issues in each region of the 
Environmental Protection Agency to gather public input with respect to 
the implementation and updating of environmental justice strategies and 
efforts of the Environmental Protection Agency.
    (b) Outreach to Environmental Justice Communities.--The 
Administrator, in advance of the meetings described in subsection (a), 
shall to the extent practicable hold multiple meetings in environmental 
justice communities in each region to provide meaningful community 
involvement opportunities.
    (c) Notice.--Notice for the meetings described in subsections (a) 
and (b) shall be provided--
            (1) to applicable representative entities or organizations 
        present in the environmental justice community, including--
                    (A) local religious organizations;
                    (B) civic associations and organizations;
                    (C) business associations of people of color;
                    (D) environmental and environmental justice 
                organizations;
                    (E) homeowners, tenants, and neighborhood watch 
                groups;
                    (F) local and Tribal Governments;
                    (G) rural cooperatives;
                    (H) business and trade organizations;
                    (I) community and social service organizations;
                    (J) universities, colleges, and vocational schools;
                    (K) labor organizations;
                    (L) civil rights organizations;
                    (M) senior citizens' groups; and
                    (N) public health agencies and clinics;
            (2) through communication methods that are accessible in 
        the applicable environmental justice community, which may 
        include electronic media, newspapers, radio, and other media 
        particularly targeted at communities of color, low-income 
        communities, and Tribal and Indigenous communities; and
            (3) at least 30 days before any such meeting.
    (d) Communication Methods and Requirements.--The Administrator 
shall--
            (1) provide translations of any documents made available to 
        the public pursuant to this section in any language spoken by 
        more than 5 percent of the population residing within the 
        applicable environmental justice community, and make available 
        translation services for meetings upon request; and
            (2) not require members of the public to produce a form of 
        identification or register their names, provide other 
        information, complete a questionnaire, or otherwise fulfill any 
        condition precedent to attending a meeting, but if an 
        attendance list, register, questionnaire, or other similar 
        document is utilized during meetings, it shall state clearly 
        that the signing, registering, or completion of the document is 
        voluntary.
    (e) Required Attendance of Certain Employees.--In holding a public 
meeting under subsection (a), the Administrator shall ensure that at 
least 1 employee of the Environmental Protection Agency at the level of 
Assistant Administrator is present at the meeting to serve as a 
representative of the Environmental Protection Agency.

SEC. 109. NATIONAL ENVIRONMENTAL JUSTICE ADVISORY COUNCIL.

    (a) Establishment.--The President shall establish an advisory 
council, to be known as the National Environmental Justice Advisory 
Council.
    (b) Membership.--The Advisory Council shall be composed of 26 
members who have knowledge of, or experience relating to, the effect of 
environmental conditions on communities of color, low-income 
communities, and Tribal and Indigenous communities, including--
            (1) representatives of--
                    (A) community-based organizations that carry out 
                initiatives relating to environmental justice, 
                including grassroots organizations led by people of 
                color;
                    (B) State governments, Tribal Governments, and 
                local governments;
                    (C) Indian Tribes and other Indigenous groups;
                    (D) nongovernmental and environmental 
                organizations; and
                    (E) private sector organizations (including 
                representatives of industries and businesses); and
            (2) experts in the field of--
                    (A) socioeconomic analysis;
                    (B) health and environmental effects;
                    (C) exposure evaluation;
                    (D) environmental law and civil rights law; or
                    (E) environmental health science research.
    (c) Subcommittees; Workgroups.--
            (1) Establishment.--The Advisory Council may establish any 
        subcommittee or workgroup to assist the Advisory Council in 
        carrying out any duty of the Advisory Council described in 
        subsection (d).
            (2) Report.--Upon the request of the Advisory Council, each 
        subcommittee or workgroup established by the Advisory Council 
        under paragraph (1) shall submit to the Advisory Council a 
        report that contains--
                    (A) a description of each recommendation of the 
                subcommittee or workgroup; and
                    (B) any advice requested by the Advisory Council 
                with respect to any duty of the Advisory Council.
    (d) Duties.--The Advisory Council shall provide independent advice 
and recommendations to the Environmental Protection Agency with respect 
to issues relating to environmental justice, including advice--
            (1) to help develop, facilitate, and conduct reviews of the 
        direction, criteria, scope, and adequacy of the scientific 
        research and demonstration projects of the Environmental 
        Protection Agency relating to environmental justice;
            (2) to improve participation, cooperation, and 
        communication with respect to such issues--
                    (A) within the Environmental Protection Agency;
                    (B) between, and among, the Environmental 
                Protection Agency and Federal agencies, State and local 
                governments, Indian Tribes, environmental justice 
                leaders, interest groups, and the public;
            (3) requested by the Administrator to help improve the 
        response of the Environmental Protection Agency in securing 
        environmental justice for communities of color, low-income 
        communities, and Tribal and Indigenous communities; and
            (4) on issues relating to--
                    (A) the developmental framework of the 
                Environmental Protection Agency with respect to the 
                integration by the Environmental Protection Agency of 
                socioeconomic programs into the strategic planning, 
                annual planning, and management accountability of the 
                Environmental Protection Agency to achieve 
                environmental justice results throughout the 
                Environmental Protection Agency;
                    (B) the measurement and evaluation of the progress, 
                quality, and adequacy of the Environmental Protection 
                Agency in planning, developing, and implementing 
                environmental justice strategies, project, and 
                programs;
                    (C) any existing and future information management 
                systems, technologies, and data collection activities 
                of the Environmental Protection Agency (including 
                recommendations to conduct analyses that support and 
                strengthen environmental justice programs in 
                administrative and scientific areas);
                    (D) the administration of grant programs relating 
                to environmental justice assistance; and
                    (E) education, training, and other outreach 
                activities conducted by the Environmental Protection 
                Agency relating to environmental justice.
    (e) Designated Federal Officer.--The Director of the Office of 
Environmental Justice of the Environmental Protection Agency is 
designated as the Federal officer required under section 10(e) of the 
Federal Advisory Committee Act (5 U.S.C. App.) for the Advisory 
Council.
    (f) Meetings.--
            (1) In general.--The Advisory Council shall meet not less 
        frequently than 3 times each calendar year.
            (2) Open to public.--Each meeting of the Advisory Council 
        shall be held open to the public.
            (3) Duties of designated federal officer.--The designated 
        Federal officer described in subsection (e) (or a designee) 
        shall--
                    (A) be present at each meeting of the Advisory 
                Council;
                    (B) ensure that each meeting is conducted in 
                accordance with an agenda approved in advance by the 
                designated Federal officer;
                    (C) provide an opportunity for interested persons--
                            (i) to file comments before or after each 
                        meeting of the Advisory Council; or
                            (ii) to make statements at such a meeting, 
                        to the extent that time permits;
                    (D) ensure that a representative of the Working 
                Group and a high-level representative from each 
                regional office of the Environmental Protection Agency 
                are invited to, and encouraged to attend, each meeting 
                of the Advisory Council; and
                    (E) provide technical assistance to States seeking 
                to establish State-level environmental justice advisory 
                councils or implement other environmental justice 
                policies or programs.
    (g) Responses From Administrator.--
            (1) Public comment inquiries.--The Administrator shall 
        provide a written response to each inquiry submitted to the 
        Administrator by a member of the public before or after each 
        meeting of the Advisory Council by not later than 120 days 
        after the date of submission.
            (2) Recommendations from advisory council.--The 
        Administrator shall provide a written response to each 
        recommendation submitted to the Administrator by the Advisory 
        Council by not later than 120 days after the date of 
        submission.
    (h) Travel Expenses.--A member of the Advisory Council may be 
allowed travel expenses, including per diem in lieu of subsistence, at 
such rate as the Administrator determines to be appropriate while away 
from the home or regular place of business of the member in the 
performance of the duties of the Advisory Council.
    (i) Duration.--The Advisory Council shall remain in existence 
unless otherwise provided by law.

SEC. 110. ENVIRONMENTAL JUSTICE GRANT PROGRAMS.

    (a) In General.--The Administrator shall continue to carry out the 
Environmental Justice Small Grants Program and the Environmental 
Justice Collaborative Problem-Solving Cooperative Agreement Program, as 
those programs are in existence on the date of enactment of this Act.
    (b) Care Grants.--The Administrator shall continue to carry out the 
Community Action for a Renewed Environment grant programs I and II, as 
in existence on January 1, 2012.
    (c) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out the programs described in subsections (a) and 
(b) $50,000,000 for each of fiscal years 2023 through 2032.

SEC. 111. ENVIRONMENTAL JUSTICE COMMUNITY SOLID WASTE DISPOSAL 
              TECHNICAL ASSISTANCE GRANTS.

    (a) In General.--The Administrator may award grants to eligible 
entities to enable such entities to participate in decisions impacting 
the health and safety of their communities relating to the permitting 
or permit renewal of a solid waste disposal facility or hazardous waste 
facility.
    (b) Timing.--
            (1) Guidance.--Not later than 12 months after the date of 
        enactment of this section, the Administrator shall publish 
        guidance describing the process for eligible entities to apply 
        for a grant under this section, including the required content 
        and form of applications, the manner in which applications must 
        be submitted, and any applicable deadlines.
            (2) First grant.--Not later than 180 days after the 
        issuance of guidance under paragraph (1), the Administrator 
        shall award the first grant under this section.
    (c) Eligible Entity.--To be eligible for a grant under this 
section, an applicant shall be a group of individuals who reside in a 
community that--
            (1) is a population of color, a community of color, a 
        Tribal and Indigenous community, or a low-income community; and
            (2) is in close proximity to a facility described in 
        subsection (a) for which a decision relating to a permit or 
        permit renewal for such facility is required.
    (d) Use of Funds.--An eligible entity receiving a grant under this 
section shall use the grant to participate in decisions impacting the 
health and safety of the community involved that are related to the 
permitting or permit renewal of a solid waste disposal facility or 
hazardous waste facility, including--
            (1) interpreting information with regard to--
                    (A) cumulative impacts studies;
                    (B) health impacts studies;
                    (C) relevant agency decisions; and
                    (D) operation and maintenance of necessary 
                monitors; and
            (2) performing environmental monitoring.
    (e) Limitations on Amount; Renewal.--
            (1) Amount.--
                    (A) In general.--The amount of a grant under this 
                section (excluding any renewals of the grant) may not 
                exceed $50,000 for any grant recipient.
                    (B) Exception.--The Administrator may waive the 
                limitation in subparagraph (A) with respect to an 
                applicant in any case where the Administrator 
                determines that such waiver is necessary for the 
                community involved to obtain the necessary technical 
                assistance.
            (2) Renewal.--Grants may be renewed for each step in the 
        process for the permitting or permit renewal of a solid waste 
        disposal facility or hazardous waste facility.

SEC. 112. ENVIRONMENTAL JUSTICE COMMUNITY, STATE, AND TRIBAL GRANT 
              PROGRAMS.

    (a) Environmental Justice Community Grant Program.--
            (1) Establishment.--The Administrator shall establish a 
        program under which the Administrator shall provide grants to 
        eligible entities to assist the eligible entities in--
                    (A) building capacity to address issues relating to 
                environmental justice; and
                    (B) carrying out any activity described in 
                paragraph (4).
            (2) Eligibility.--To be eligible to receive a grant under 
        paragraph (1), an eligible entity shall be a nonprofit, 
        community-based organization that conducts activities, 
        including providing medical and preventive health services, to 
        reduce the disproportionate health impacts of environmental 
        pollution in the environmental justice community at which the 
        eligible entity proposes to conduct an activity that is the 
        subject of the application described in paragraph (3).
            (3) Application.--To be eligible to receive a grant under 
        paragraph (1), an eligible entity shall submit to the 
        Administrator an application at such time, in such manner, and 
        containing such information as the Administrator may require, 
        including--
                    (A) an outline describing the means by which the 
                project proposed by the eligible entity will--
                            (i) with respect to environmental and 
                        public health issues at the local level, 
                        increase the understanding of the environmental 
                        justice community at which the eligible entity 
                        will conduct the project;
                            (ii) improve the ability of the 
                        environmental justice community to address each 
                        issue described in clause (i);
                            (iii) facilitate collaboration and 
                        cooperation among various stakeholders 
                        (including members of the environmental justice 
                        community); and
                            (iv) support the ability of the 
                        environmental justice community to proactively 
                        plan and implement just sustainable community 
                        development and revitalization initiatives, 
                        including countering displacement and 
                        gentrification;
                    (B) a proposed budget for each activity of the 
                project that is the subject of the application;
                    (C) a list of proposed outcomes with respect to the 
                proposed project;
                    (D) a description of the ways by which the eligible 
                entity may leverage the funds of the eligible entity, 
                or the funds made available through a grant under this 
                subsection, to develop a project that is capable of 
                being sustained beyond the period of the grant; and
                    (E) a description of the ways by which the eligible 
                entity is linked to, and representative of, the 
                environmental justice community at which the eligible 
                entity will conduct the project.
            (4) Use of funds.--An eligible entity may only use a grant 
        under this subsection to carry out culturally and 
        linguistically appropriate projects and activities that are 
        driven by the needs, opportunities, and priorities of the 
        environmental justice community at which the eligible entity 
        proposes to conduct the project or activity to address 
        environmental justice concerns and improve the health or 
        environment of the environmental justice community, including 
        activities--
                    (A) to create or develop collaborative 
                partnerships;
                    (B) to educate and provide outreach services to the 
                environmental justice community;
                    (C) to identify and implement projects to address 
                environmental or public health concerns; or
                    (D) to develop a comprehensive understanding of 
                environmental or public health issues.
            (5) Report.--
                    (A) In general.--Not later than 1 year after the 
                date of enactment of this Act, and annually thereafter, 
                the Administrator shall submit to the Committees on 
                Energy and Commerce and Natural Resources of the House 
                of Representatives and the Committees on Environment 
                and Public Works and Energy and Natural Resources of 
                the Senate a report describing the ways by which the 
                grant program under this subsection has helped 
                community-based nonprofit organizations address issues 
                relating to environmental justice.
                    (B) Public availability.--The Administrator shall 
                make each report required under subparagraph (A) 
                available to the public (including by posting a copy of 
                the report on the website of the Environmental 
                Protection Agency).
            (6) Authorization of appropriations.--There is authorized 
        to be appropriated to carry out this subsection $25,000,000 for 
        each of fiscal years 2023 through 2027.
    (b) State Grant Program.--
            (1) Establishment.--The Administrator shall establish a 
        program under which the Administrator shall provide grants to 
        States to enable the States--
                    (A) to establish culturally and linguistically 
                appropriate protocols, activities, and mechanisms for 
                addressing issues relating to environmental justice; 
                and
                    (B) to carry out culturally and linguistically 
                appropriate activities to reduce or eliminate 
                disproportionately adverse human health or 
                environmental effects on environmental justice 
                communities in the State, including reducing economic 
                vulnerabilities that result in the environmental 
                justice communities being disproportionately affected.
            (2) Eligibility.--
                    (A) Application.--To be eligible to receive a grant 
                under paragraph (1), a State shall submit to the 
                Administrator an application at such time, in such 
                manner, and containing such information as the 
                Administrator may require, including--
                            (i) a plan that contains a description of 
                        the means by which the funds provided through a 
                        grant under paragraph (1) will be used to 
                        address issues relating to environmental 
                        justice at the State level; and
                            (ii) assurances that the funds provided 
                        through a grant under paragraph (1) will be 
                        used only to supplement the amount of funds 
                        that the State allocates for initiatives 
                        relating to environmental justice.
                    (B) Ability to continue program.--To be eligible to 
                receive a grant under paragraph (1), a State shall 
                demonstrate to the Administrator that the State has the 
                ability to continue each program that is the subject of 
                funds provided through a grant under paragraph (1) 
                after receipt of the funds.
            (3) Report.--
                    (A) In general.--Not later than 1 year after the 
                date of enactment of this Act, and annually thereafter, 
                the Administrator shall submit to the Committees on 
                Energy and Commerce and Natural Resources of the House 
                of Representatives and the Committees on Environment 
                and Public Works and Energy and Natural Resources of 
                the Senate a report describing--
                            (i) the implementation of the grant program 
                        established under paragraph (1);
                            (ii) the impact of the grant program on 
                        improving the ability of each participating 
                        State to address environmental justice issues; 
                        and
                            (iii) the activities carried out by each 
                        State to reduce or eliminate disproportionately 
                        adverse human health or environmental effects 
                        on environmental justice communities in the 
                        State.
                    (B) Public availability.--The Administrator shall 
                make each report required under subparagraph (A) 
                available to the public (including by posting a copy of 
                the report on the website of the Environmental 
                Protection Agency).
            (4) Authorization of appropriations.--There is authorized 
        to be appropriated to carry out this subsection $15,000,000 for 
        each of fiscal years 2023 through 2027.
    (c) Tribal Grant Program.--
            (1) Establishment.--The Administrator shall establish a 
        program under which the Administrator shall provide grants to 
        Tribal Governments to enable the Indian Tribes--
                    (A) to establish culturally and linguistically 
                appropriate protocols, activities, and mechanisms for 
                addressing issues relating to environmental justice; 
                and
                    (B) to carry out culturally and linguistically 
                appropriate activities to reduce or eliminate 
                disproportionately adverse human health or 
                environmental effects on environmental justice 
                communities in Tribal and Indigenous communities, 
                including reducing economic vulnerabilities that result 
                in the Tribal and Indigenous communities being 
                disproportionately affected.
            (2) Eligibility.--
                    (A) Application.--To be eligible to receive a grant 
                under paragraph (1), a Tribal Government shall submit 
                to the Administrator an application at such time, in 
                such manner, and containing such information as the 
                Administrator may require, including--
                            (i) a plan that contains a description of 
                        the means by which the funds provided through a 
                        grant under paragraph (1) will be used to 
                        address issues relating to environmental 
                        justice in Tribal and Indigenous communities; 
                        and
                            (ii) assurances that the funds provided 
                        through a grant under paragraph (1) will be 
                        used only to supplement the amount of funds 
                        that the Tribal Government allocates for 
                        initiatives relating to environmental justice.
                    (B) Ability to continue program.--To be eligible to 
                receive a grant under paragraph (1), a Tribal 
                Government shall demonstrate to the Administrator that 
                the Tribal Government has the ability to continue each 
                program that is the subject of funds provided through a 
                grant under paragraph (1) after receipt of the funds.
            (3) Report.--
                    (A) In general.--Not later than 1 year after the 
                date of enactment of this Act, and annually thereafter, 
                the Administrator shall submit to the Committees on 
                Energy and Commerce and Natural Resources of the House 
                of Representatives and the Committees on Environment 
                and Public Works and Energy and Natural Resources of 
                the Senate a report describing--
                            (i) the implementation of the grant program 
                        established under paragraph (1);
                            (ii) the impact of the grant program on 
                        improving the ability of each participating 
                        Indian Tribe to address environmental justice 
                        issues; and
                            (iii) the activities carried out by each 
                        Tribal Government to reduce or eliminate 
                        disproportionately adverse human health or 
                        environmental effects on applicable 
                        environmental justice communities in Tribal and 
                        Indigenous communities.
                    (B) Public availability.--The Administrator shall 
                make each report required under subparagraph (A) 
                available to the public (including by posting a copy of 
                the report on the website of the Environmental 
                Protection Agency).
            (4) Authorization of appropriations.--There is authorized 
        to be appropriated to carry out this subsection $25,000,000 for 
        each of fiscal years 2023 through 2027.
    (d) Community-based Participatory Research Grant Program.--
            (1) Establishment.--The Administrator, in consultation with 
        the Director, shall establish a program under which the 
        Administrator shall provide not more than 25 multiyear grants 
        to eligible entities to carry out community-based participatory 
        research--
                    (A) to address issues relating to environmental 
                justice;
                    (B) to improve the environment of residents and 
                workers in environmental justice communities; and
                    (C) to improve the health outcomes of residents and 
                workers in environmental justice communities.
            (2) Eligibility.--To be eligible to receive a multiyear 
        grant under paragraph (1), an eligible entity shall be a 
        partnership composed of--
                    (A) an accredited institution of higher education; 
                and
                    (B) a community-based organization.
            (3) Application.--To be eligible to receive a multiyear 
        grant under paragraph (1), an eligible entity shall submit to 
        the Administrator an application at such time, in such manner, 
        and containing such information as the Administrator may 
        require, including--
                    (A) a detailed description of the partnership of 
                the eligible entity that, as determined by the 
                Administrator, demonstrates the participation of 
                members of the community at which the eligible entity 
                proposes to conduct the research; and
                    (B) a description of--
                            (i) the project proposed by the eligible 
                        entity; and
                            (ii) the ways by which the project will--
                                    (I) address issues relating to 
                                environmental justice;
                                    (II) assist in the improvement of 
                                health outcomes of residents and 
                                workers in environmental justice 
                                communities; and
                                    (III) assist in the improvement of 
                                the environment of residents and 
                                workers in environmental justice 
                                communities.
            (4) Public availability.--The Administrator shall make the 
        results of the grants provided under this subsection available 
        to the public, including by posting on the website of the 
        Environmental Protection Agency a copy of the grant awards and 
        an annual report at the beginning of each fiscal year 
        describing the research findings associated with each grant 
        provided under this subsection.
            (5) Authorization of appropriations.--There is authorized 
        to be appropriated to carry out this subsection $10,000,000 for 
        each of fiscal years 2023 through 2027.

SEC. 113. PROTECTIONS FOR ENVIRONMENTAL JUSTICE COMMUNITIES AGAINST 
              HARMFUL FEDERAL ACTIONS.

    (a) Purpose.--The purpose of this section is to establish 
additional protections relating to Federal actions affecting 
environmental justice communities in recognition of the 
disproportionate burden of adverse human health or environmental 
effects faced by such communities.
    (b) Definitions.--In this section:
            (1) Environmental impact statement.--The term 
        ``environmental impact statement'' means the detailed statement 
        of environmental impacts of a proposed action required to be 
        prepared pursuant to the National Environmental Policy Act of 
        1969 (42 U.S.C. 4321 et seq.).
            (2) Federal action.--The term ``Federal action'' means a 
        proposed action that requires the preparation of 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.).
    (c) Preparation of a Community Impact Report.--A Federal agency 
proposing to take a Federal action that has the potential to cause 
negative environmental or public health impacts on an environmental 
justice community shall prepare a community impact report assessing the 
potential impacts of the proposed action.
    (d) Contents.--A community impact report described in subsection 
(c) shall--
            (1) assess the degree to which a proposed Federal action 
        affecting an environmental justice community will cause 
        multiple or cumulative exposure to human health and 
        environmental hazards that influence, exacerbate, or contribute 
        to adverse health outcomes;
            (2) assess relevant public health data and industry data 
        concerning the potential for multiple or cumulative exposure to 
        human health or environmental hazards in the area of the 
        environmental justice community and historical patterns of 
        exposure to environmental hazards and Federal agencies shall 
        assess these multiple, or cumulative effects, even if certain 
        effects are not within the control or subject to the discretion 
        of the Federal agency proposing the Federal action;
            (3) assess the impact of such proposed Federal action on 
        such environmental justice community's ability to access public 
        parks, outdoor spaces, and public recreation opportunities;
            (4) evaluate alternatives to or mitigation measures for the 
        proposed Federal action that will--
                    (A) eliminate or reduce any identified exposure to 
                human health and environmental hazards described in 
                paragraph (1) to a level that is reasonably expected to 
                avoid human health impacts in environmental justice 
                communities; and
                    (B) not negatively impact an environmental justice 
                community's ability to access public parks, outdoor 
                spaces, and public recreation opportunities; and
            (5) analyze any alternative developed by members of an 
        affected environmental justice community that meets the purpose 
        and need of the proposed action.
    (e) Delegation.--Federal agencies shall not delegate responsibility 
for the preparation of a community impact report described in 
subsection (c) to any other entity.
    (f) National Environmental Policy Act Requirements for 
Environmental Justice Communities.--When carrying out the requirements 
of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
seq.) for a proposed Federal action that may affect an environmental 
justice community, a Federal agency shall--
            (1) consider all potential direct, indirect, and cumulative 
        impacts caused by the action, alternatives to such action, and 
        mitigation measures on the environmental justice community 
        required by that Act;
            (2) require any public comment period carried out during 
        the scoping phase of the environmental review process to be not 
        less than 90 days;
            (3) provide early and meaningful community involvement 
        opportunities by--
                    (A) holding multiple hearings in such community 
                regarding the proposed Federal action in each prominent 
                language within the environmental justice community; 
                and
                    (B) providing notice of any step or action in the 
                process that Act involves public participation to any 
                representative entities or organizations present in the 
                environmental justice community including--
                            (i) local religious organizations;
                            (ii) civic associations and organizations;
                            (iii) business associations of people of 
                        color;
                            (iv) environmental and environmental 
                        justice organizations, including community- 
                        based grassroots organizations led by people of 
                        color;
                            (v) homeowners``, tenants'', and 
                        neighborhood watch groups;
                            (vi) local governments and Tribal 
                        Governments;
                            (vii) rural cooperatives;
                            (viii) business and trade organizations;
                            (ix) community and social service 
                        organizations;
                            (x) universities, colleges, and vocational 
                        schools;
                            (xi) labor and other worker organizations;
                            (xii) civil rights organizations;
                            (xiii) senior citizens' groups; and
                            (xiv) public health agencies and clinics; 
                        and
            (4) provide translations of publicly available documents 
        made available pursuant to that Act in any language spoken by 
        more than 5 percent of the population residing within the 
        environmental justice community.
    (g) Communication Methods and Requirements.--Any notice provided 
under subsection (f)(3)(B) shall be provided--
            (1) through communication methods that are accessible in 
        the environmental justice community, which may include 
        electronic media, newspapers, radio, direct mailings, 
        canvassing, and other outreach methods particularly targeted at 
        communities of color, low-income communities, and Tribal and 
        Indigenous communities; and
            (2) at least 30 days before any hearing in such community 
        or the start of any public comment period.
    (h) Requirements for Actions Requiring an Environmental Impact 
Statement.--For any proposed Federal action affecting an environmental 
justice community requiring the preparation of an environmental impact 
statement, the Federal agency shall provide the following information 
when giving notice of the proposed action:
            (1) A description of the proposed action.
            (2) An outline of the anticipated schedule for completing 
        the process under the National Environmental Policy Act of 1969 
        (42 U.S.C. 4321 et seq.), with a description of key milestones.
            (3) An initial list of alternatives and potential impacts.
            (4) An initial list of other existing or proposed sources 
        of multiple or cumulative exposure to environmental hazards 
        that contribute to higher rates of serious illnesses within the 
        environmental justice community.
            (5) An agency point of contact.
            (6) Timely notice of locations where comments will be 
        received or public meetings held.
            (7) Any telephone number or locations where further 
        information can be obtained.
    (i) National Environmental Policy Act Requirements for Indian 
Tribes.--When carrying out the requirements of the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) for a 
proposed Federal action that may affect an Indian Tribe, a Federal 
agency shall--
            (1) seek Tribal representation in the process in a manner 
        that is consistent with the government-to-government 
        relationship between the United States and Tribal Governments, 
        the Federal Government's trust responsibility to federally 
        Recognized Indian Tribes, and any treaty rights;
            (2) ensure that an Indian Tribe is invited to hold the 
        status of a cooperating agency throughout the process under 
        that Act for any proposed action that could impact an Indian 
        Tribe, including actions that could impact off reservation 
        lands and sacred sites; and
            (3) invite an Indian Tribe to hold the status of a 
        cooperating agency in accordance with paragraph (2) not later 
        than the date on which the scoping process for a proposed 
        action requiring the preparation of an environmental impact 
        statement commences.
    (j) Agency Determinations.--Federal agency determinations about the 
analysis of a community impact report described in subsection (c) shall 
be subject to judicial review to the same extent as any other analysis 
performed under the National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.).
    (k) Effective Date.--This section shall take effect 1 year after 
the date of enactment of this Act.
    (l) Savings Clause.--Nothing in this section diminishes--
            (1) any right granted through the National Environmental 
        Policy Act of 1969 (42 U.S.C. 4321 et seq.) to the public; or
            (2) the requirements under that Act to consider direct, 
        indirect, and cumulative impacts.

SEC. 114. PROHIBITED DISCRIMINATION.

    Section 601 of the Civil Rights Act of 1964 (42 U.S.C. 2000d) is 
amended--
            (1) by striking ``No'' and inserting ``(a) No''; and
            (2) by adding at the end the following:
    ``(b)(1)(A) Discrimination (including exclusion from participation 
and denial of benefits) based on disparate impact is established under 
this title if--
                            ``(i) an entity subject to this title 
                        (referred to in this title as a `covered 
                        entity') has a program, policy, practice, or 
                        activity that causes a disparate impact on the 
                        basis of race, color, or national origin and 
                        the covered entity fails to demonstrate that 
                        the challenged program, policy, practice, or 
                        activity is related to and necessary to achieve 
                        the nondiscriminatory goal of the program, 
                        policy, practice, or activity alleged to have 
                        been operated in a discriminatory manner; or
                            ``(ii) a less discriminatory alternative 
                        program, policy, practice, or activity exists, 
                        and the covered entity refuses to adopt such 
                        alternative program, policy, practice, or 
                        activity.
    ``(B) With respect to demonstrating that a particular program, 
policy, practice, or activity does not cause a disparate impact, the 
covered entity shall demonstrate that each particular challenged 
program, policy, practice, or activity does not cause a disparate 
impact, except that if the covered entity demonstrates to the courts 
that the elements of the covered entity's decision-making process are 
not capable of separation for analysis, the decision-making process may 
be analyzed as 1 program, policy, practice, or activity.
    ``(2) A demonstration that a program, policy, practice, or activity 
is necessary to achieve the goals of a program, policy, practice, or 
activity may not be used as a defense against a claim of intentional 
discrimination under this title.
    ``(3) In this subsection--
            ``(A) the term `demonstrates' means to meet the burdens of 
        going forward with the evidence and of persuasion; and
            ``(B) the term `disparate impact' means an action or 
        practice that, even if appearing neutral, actually has the 
        effect of subjecting persons to discrimination on the basis of 
        their race, color, or national origin.
            ``(C) No person in the United States shall be subjected to 
        discrimination, including retaliation or intimidation, because 
        such person opposed any program, policy, practice, or activity 
        prohibited by this title, or because such person made a charge, 
        testified, assisted, or participated in any manner in an 
        investigation, proceeding, or hearing under this title.''.

SEC. 115. RIGHT OF ACTION.

    (a) In General.--Section 602 of the Civil Rights Act of 1964 (42 
U.S.C. 2000d-1) is amended--
            (1) by inserting ``(a)'' before ``Each Federal department 
        and agency which is empowered''; and
            (2) by adding at the end the following:
    ``(b) Any person aggrieved by the failure to comply with this 
title, including any regulation promulgated pursuant to this title, may 
file suit in any district court of the United States having 
jurisdiction of the parties, without respect to the amount in 
controversy and without regard to the citizenship of the parties.''.
    (b) Effective Date.--
            (1) In general.--This section, including the amendments 
        made by this section, takes effect on the date of enactment of 
        this Act.
            (2) Application.--This section, including the amendments 
        made by this section, applies to all actions or proceedings 
        pending on or after the date of enactment of this Act.

SEC. 116. RIGHTS OF RECOVERY.

    Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) 
is amended by inserting after section 602 the following:

``SEC. 602A. ACTIONS BROUGHT BY AGGRIEVED PERSONS.

    ``(a) Claims Based on Proof of Intentional Discrimination.--In an 
action brought by an aggrieved person under this title against an 
entity subject to this title (referred to in this section as a `covered 
entity') who has engaged in unlawful intentional discrimination (not a 
practice that is unlawful because of its disparate impact) prohibited 
under this title (including its implementing regulations), the 
aggrieved person may recover equitable and legal relief (including 
compensatory and punitive damages), attorney's fees (including expert 
fees), and costs of the action, except that punitive damages are not 
available against a government, government agency, or political 
subdivision.
    ``(b) Claims Based on the Disparate Impact Standard of Proof.--In 
an action brought by an aggrieved person under this title against a 
covered entity who has engaged in unlawful discrimination based on 
disparate impact prohibited under this title (including implementing 
regulations), the aggrieved person may recover attorney's fees 
(including expert fees), and costs of the action.
    ``(c) Definitions.--In this section:
            ``(1) Aggrieved person.--The term `aggrieved person' means 
        a person aggrieved by discrimination on the basis of race, 
        color, or national origin.
            ``(2) the term `disparate impact' means an action or 
        practice that, even if appearing neutral, actually has the 
        effect of subjecting persons to discrimination on the basis of 
        their race, color, or national origin.''.

SEC. 117. PUBLIC HEALTH RISKS ASSOCIATED WITH CUMULATIVE ENVIRONMENTAL 
              STRESSORS.

    (a) Proposed Protocol.--Not later than 180 days after the date of 
enactment of this section, the Administrator, in consultation with the 
Advisory Council, shall publish a proposal for a protocol for assessing 
and addressing the cumulative public health risks associated with 
multiple environmental stressors. The Administrator shall allow 90 days 
for public comment on such proposal. The environmental stressors 
addressed under such proposal shall include--
            (1) impacts associated with global climate change, 
        including extreme heat, extremes in temperature change, 
        drought, wildfires, sea level rise, flooding, storms, water 
        shortage, food shortage, ecosystem disruption, and the spread 
        of infectious disease;
            (2) exposure to pollutants, emissions, discharges, waste, 
        chemicals, or other materials subject to regulation under the 
        Clean Air Act, the Federal Water Pollution Control Act, the 
        Safe Drinking Water Act, the Toxic Substances Control Act, the 
        Solid Waste Disposal Act, the Comprehensive Environmental 
        Response, Compensation, and Liability Act of 1980, the 
        Emergency Planning and Community Right-to-Know Act of 1986, and 
        other laws administered by the Administrator; and
            (3) other environmental stressors determined by the 
        Administrator to impact public health.
    (b) Final Protocol.--Not later than 1 year after the enactment of 
this section, the Administrator shall publish the final protocol for 
assessing and addressing the cumulative public health risks associated 
with multiple environmental stressors.
    (c) Implementation.--Not later than 3 years after the enactment of 
this section, the Administrator shall implement the protocol described 
under subsection (b).

SEC. 118. CLIMATE JUSTICE GRANT PROGRAM.

    (a) Establishment.--The Administrator shall establish a program 
under which the Administrator shall provide grants to eligible entities 
to assist the eligible entities in--
            (1) building capacity to address issues relating to climate 
        justice; and
            (2) carrying out any activity described in subsection (d).
    (b) Eligibility.--To be eligible to receive a grant under 
subsection (a), an eligible entity shall be a tribal government, local 
government, or nonprofit, community-based organization.
    (c) Application.--To be eligible to receive a grant under 
subsection (a), an eligible entity shall submit to the Administrator an 
application at such time, in such manner, and containing such 
information as the Administrator may require, including--
            (1) an outline describing the means by which the project 
        proposed by the eligible entity will--
                    (A) with respect to climate justice issues at the 
                local level, increase the understanding of the 
                environmental justice community at which the eligible 
                entity will conduct the project;
                    (B) improve the ability of the environmental 
                justice community to address each issue described in 
                subparagraph (A);
                    (C) facilitate collaboration and cooperation among 
                various stakeholders (including members of the 
                environmental justice community); and
                    (D) support the ability of the environmental 
                justice community to proactively plan and implement 
                climate justice initiatives;
            (2) a proposed budget for each activity of the project that 
        is the subject of the application;
            (3) a list of proposed outcomes with respect to the 
        proposed project;
            (4) a description of the ways by which the eligible entity 
        may leverage the funds of the eligible entity, or the funds 
        made available through a grant under this subsection, to 
        develop a project that is capable of being sustained beyond the 
        period of the grant; and
            (5) a description of the ways by which the eligible entity 
        is linked to, and representative of, the environmental justice 
        community at which the eligible entity will conduct the 
        project.
    (d) Use of Funds.--An eligible entity may only use a grant under 
this subsection to carry out culturally and linguistically appropriate 
projects and activities that are driven by the needs, opportunities, 
and priorities of the environmental justice community at which the 
eligible entity proposes to conduct the project or activity to address 
climate justice concerns of the environmental justice community, 
including activities--
            (1) to create or develop collaborative partnerships;
            (2) to educate and provide outreach services to the 
        environmental justice community on climate justice;
            (3) to identify and implement projects to address climate 
        justice concerns, including community solar and wind energy 
        projects, energy efficiency, home and building electrification, 
        home and building weatherization, energy storage, solar and 
        wind energy supported microgrids, battery electric vehicles, 
        electric vehicle charging infrastructure, natural 
        infrastructure, addressing the risks and hazards of wildfires 
        and droughts, and climate resilient infrastructure.
    (e) Limitations on Amount.--The amount of a grant under this 
section may not exceed $2,000,000 for any grant recipient.
    (f) Report.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, and annually thereafter, the 
        Administrator shall submit to the Committees on Energy and 
        Commerce and Natural Resources of the House of Representatives 
        and the Committees on Environment and Public Works and Energy 
        and Natural Resources of the Senate a report describing the 
        ways by which the grant program under this subsection has 
        helped eligible entities address issues relating to energy and 
        climate justice.
            (2) Public availability.--The Administrator shall make each 
        report required under paragraph (1) available to the public 
        (including by posting a copy of the report on the website of 
        the Environmental Protection Agency).
    (g) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this subsection $1,000,000,000 for each of 
fiscal years 2023 through 2027 of which, not more than 4 percent for 
each fiscal year is authorized to be appropriated for administrative 
expenses, including outreach and technical assistance to eligible 
entities.

SEC. 119. ENVIRONMENTAL JUSTICE FOR COMMUNITIES OVERBURDENED BY 
              ENVIRONMENTAL VIOLATIONS.

    (a) Identification of Communities.--Not later than 180 days after 
the date of enactment of this section, the Administrator shall, in 
consultation with the Advisory Council and co-regulators in State and 
local agencies, identify at least 100 communities--
            (1) that are environmental justice communities; and
            (2) in which there have been over the previous 5 years a 
        number of violations of environmental law that the 
        Administrator determines to be greater than the national 
        average of such violations.
    (b) Analysis and Recommendations.--Not later than 1 year after the 
enactment of this section, with respect to each community identified 
under subsection (a), and in consultation with the Advisory Council, 
the Administrator shall--
            (1) undertake an analysis of the conditions which have led 
        to the number of violations identified under subsection (a)(1), 
        including through community-based science implemented through 
        engagement with the residents of each such community;
            (2) identify the root cause of the number of violations 
        described under subsection (a)(1); and
            (3) recommend measures that the Administrator shall take, 
        in coordination with co-regulators in State and local agencies, 
        to reduce the number of violations of environmental law to a 
        number that the Administrator determines to be significantly 
        below the national average.
    (c) Implementation.--Not later than 2 years after the date of 
enactment of this section, the Administrator shall complete the 
implementation of the measures identified under subsection (b)(3).

            Passed the House of Representatives July 29, 2022.

            Attest:

                                                                 Clerk.
117th CONGRESS

  2d Session

                               H. R. 5118

_______________________________________________________________________

                                 AN ACT

    To direct the Secretary of Agriculture and the Secretary of the 
    Interior to prioritize the completion of the Continental Divide 
             National Scenic Trail, and for other purposes.